Item T3
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
March 19, 2003
Division
County Attorney
AGENDA ITEM WORDING
Request for approval of interlocal agreement with City of Marathon regarding Library Impact Fee
ITEM BACKGROUND
Similar to agreement with the other municiaplities.
PREVIOUS RELEVANT BOCC ACnON
CONTRACT/AGREEMENTCHANGES
N/A
STAFF RECOMMENDATIONS
Positive economic benefit to the County.
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY:
County Attorney - OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTORAPPROVAL~~~
DOCUMENTAnON:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
N
LIBRARY IMPACT FEE INTERLOCAL AGREEMENT
City of Marathon
This interlocal agreement for the collection' and distribution of impact fees is entered into
by and between Monroe County, a political subdivision of the State of Florida, and the City of
Marathon, a municipal corporation, under the authority granted in Sec. 163.01, F.S. The parties
hereby covenant and agree as follows:
1. As authorized by Art. 8, Sec. 1(t), Fla. Const., the County and the City agree that
the library fees imposed by Sec. 9.5-493, Monroe County Code, apply within the City and are
not in conflict with any municipal ordinance.
2. a) Any person, including any government agency, initiating new residential
development within the City, that will require new library public facility demands must pay the
applicable fair share library impact fees (hereafter the impact fees) due as set forth in Sec. 9.5-
493, Monroe County Code. For the purposes of Sec. 9.5-493, Monroe County Code, the parties
agree residential unit means a dwelling unit that is designed for, and capable of, serving as a
residence for a full housekeeping unit and which includes a kitchen composed of at least a
refrigerator and stove.
b) The City must collect the library impact fees due under Sec. 9.5-493,
Monroe County Code, and subsection 2(a) of this agreement from any person initiating new
residential development within the City before issuing a certificate of occupancy for such
development, unless such person or the proposed development is exempt from the imposition of
impact fees under Sec. 9.5-493, Monroe County Code.
c) All impact fees collected by the City must be properly identified and as
such promptly transferred to the City Finance Director. The City shall establish an appropriate
accounting mechanism to ensure that the library impact fees collected are earmarked for the
purposes established by this agreement. The library impact fee accounting must restrict the
proceeds for use exclusively for the capital expansion of the County's libraries serving the City
of Marathon, within the Middle Keys impact fee subdistrict depicted in Chap. 9.5, Exhibit A,
Monroe County Code.
3. At the end of each calendar quarter, the City must promptly pay the County the
library impact fees collected within the City. The County may only expend the City collected
library impact fees for the library capital expansion as authorized by Sec. 9.5-493, Monroe
County Code, in the Middle Keys impact fee subdistrict described in Chap. 9.5, Exhibit A,
Monroe County Code. The City may retain five percent (5%) of all fees collected, as an
administrative charge.
4. The City and County further agree and covenant:
'\
a) That the library impact fees collected in the City pursuant to this interlocal
agreement will be expended according to the capital facilities element of the City's
comprehensive plan or the County's comprehensive land use plan, as appropriate;
b) That all library impact fees collected in the City pursuant to this interlocal
agreement will be expended by the County in a manner consistent with Contractors and Builders
Association of Pinellas County v. City of Dunedin, 329 So. 2d 314 (Fla. 1976); and Home
Builders and Contractors' Association of Palm Beach County v. Board of County
Commissioners of Palm Beach County, 46 So. 2d 140 (Fla. App. 4th DCA 1983); and
c) That accurate records and accounts of the receipt and expenditure of such
fees will be kept by the City and County according to generally accepted government accounting
principles, and made available to representatives of the other party upon request.
d) The City shall establish an appropriate accounting mechanism to ensure'
that the library impact fees collected are earmarked for the purposes established by this
agreement.
5. This interlocal agreement supersedes and replaces any and all prior interlocal
agreement or understandings between the parties concerning library impact fees.
6. This interlocal agreement will take effect when a certified copy is filed with the
Clerk of the Circuit Court for Monroe County and the Clerk ofthe City.
DATED this
day of
,2003.
(SEAL)
ATTEST:D~L.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
(SEAL)
ATTEST:
By4~ ~ ~
City Clerk
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