Resolution 272-1988
Monroe County Commission
RESOLUTION NO. 272 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD
TO EXECUTE AN INTERLOCAL AGREEMENT BY AND
BETWEEN MONROE COUNTY AND THE CITY OF KEY
COLONY BEACH CONCERNING COLLECTION, HOLDING
IN TRUST AND TRANFER OF IMPACT FEES.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute an Interlocal Agreement by and
between Monroe County and the City of Key Colony Beach, a copy of
same being attached hereto, concerning collection, holding in
trust and transfer of impact fees.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 5th day of July, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By &~, Iv
ay al.rman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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er /
6/28/88
INTERLOCAL AGREEMENT
COLLECTION, HOLDING IN TRUST, AND TRANSFER OF IMPACT FEES -
KEY COLONY BEACH
This Inter10ca1 Agreement is being entered into under the
authority of F.S. 163.01 by and between Monroe County and the
City of Key Colony Beach to provide coordination for the
collection, holding in trust, and transfer of impact fees between
the City of Key Colony Beach and Monroe County.
WHEREAS, the Monroe County Board of County Commissioners and the
City of Key Colony Beach have determined and recognize that the
growth rate the County will experience through the year 2005 will
necessitate significant public facility improvements in order to
maintain an acceptable level of service for County services to be
provided to County and City residents.
WHEREAS, Monroe County agrees to prepare an impact fee ordinance
and other appropriate legal instruments by and between the City
of Key Colony Beach and Monroe County for the collection of
impact fees from new development in the City and ensure the
transfer of fees collected to the County for those services
impacted.
WHEREAS, the City of Key Colony Beach agrees to coordinate with
Monroe County to prepare said impact fee ordinance so as to
ensure that new development in the City provides its fair share
of the cost of expanding public facilities that the City receives
from the County.
Pursuant to the provisions of Chapter 380.0552 in order that the
County and City may bring their Comprehensive Plans and
Land Development Regulations into conformance with and to
implement Rule 27F-8 and Rule 28-20 and Rule 28-21, Florida
Administrative Code, and pursuant to Florida Statutes 163.01
Monroe County, a political subdivision of the State of Florida,
and the City of Key Colony Beach, a municipal corporation hereby
covenant and agree as follows:
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SECTION ONE
PURPOSE AND INTENT
(1.) The City of Key Colony Beach and Monroe County have
determined and recognized that increased growth in the City will
necessitate a significant number of major road network
improvements which makes it necessary to regulate new development
activity generating traffic in order to increase the capacity of
the County's major road network system to maintain an acceptable
level of service for both City and County residents.
(2.) The City of Key Colony Beach and Monroe County have
determined and recognized that increased growth in the City will
necessitate significant expansion of community parks in the
County in order to maintain an acceptable level of recreational
opportunities for both City and County residents.
(3.) The City of Key Colony Beach and Monroe County have
determined and recognized that increased growth in the City will
necessitate a significant capital expansion of the County's
library services in order to provide an adequate quality of
library opportunities for both City and County residents.
(4.) The City of Key Colony Beach has determined and recognized
that increased growth in the City will necessitate a significant
expansion of solid waste facilities in the County in order to
maintain an acceptable level of service for both City and County
services.
(5.) The City of Key Colony Beach has determined and recognized
that increased growth in the City will necessitate a significant
capital expansion of the County's police facilities.
(6.) In order to finance these new capital improvements for
major road networks, community parks,' library, solid waste, and
police facilities, and ensure that accommodating that growth is
economically feasible, several combined methods will be
necessary, one of which will require all new land development
generating public facility needs to pay its pro rata share of the
capital expansion costs that will be incurred to expand said
facilities.
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Therefore, this inter local agreement shall be for the purpose of
establishing a method for the collection, holding in trust and
transfer of impact fees from the City to the County for the
services the County provides to the City.
(7.) All fees collected under Chapter 12, Monroe County Land
Development Regulations (MCLDR), Attachment A, within the City of
Key Colony Beach, and allocated pursuant to this inter local
agreement, shall only be collected in an amount and manner
consistent with Contractors and Builders Association of Pine11as
County ~ City of Dunedin,329 So. 2d 314 (Fla. 1976); and Home
Builders and Contractors' Assoc. of ~ Beach County ~ ~ of
County Commissioners of ta1m ~ County,446 So 2d 140 (Fla.
App. 4th D.C.A. 1983).
SECTION 2
AUTHORITY
REQUIREMENT FOR THE CREATION OF A CITY CAPITAL IMPROVEMENTS PLAN;
ALLOCATION OF FUNDS BASED THEREON.
(1.) As authorized by Article 8, Section 1(f) of the Florida
Constitution, the County and City agree that the fees set forth
in Chapter 12, Monroe County Land Development Regulations
(MCLDR), shall apply within the City and the City further
declares that the fees described in Chapter 12 are not in
conflict with any municipal ordinance or regulation.
(2.) While both parties agree that the fair share impact fees
collected within the City under the authority of Chapter 12,
MCLDR, accurately reflect the impact of municipal development on
County facilities, it is desired by both parties that a portion
of the funds collected be returned to ,the City for use in the
financing of municipal capital improvements within the Middle
Keys Service District as described in Appendix "A" MCLDR.
In order to identify the municipal capital facility needs,
caused by new development within the City, the parties agree that
a Capital Improvements Element (CIE), including a Capital
Improvements Plan (CIP), is needed prior to the specific
allocation of impact fees to the City. The Capital Improvement
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Element (CIE) shall identify specific capital needs and assess
the estimated costs over the planning horizon through the Year 2005.
The parties recognize that the City does not have sufficient
staff or technical and financial resources to generate a CIE
itself and that it is in the County's interest that an adequate
CIE is produced; therefore. the City and the County agree that
they will jointly request state funding within 180 days of the
effective date of this agreement. to complete a professionally
prepared CIE. The County further agrees to provide assistance in
kind. through staff support. and needed materials. in order to reduce
the costs of preparing said CIE.
Upon the adoption of the CIP as part of the capital
improvements element of the City's Comprehensive Land Use Plan
and approval by the County, which approval shall not be
unreasonably withheld and, furthermore. granted within a period
of 90 days from the City's adoption of the CIP. the County shall
allocate the funds collected in the City pursuant to Chapter 12.
MCLDR, and hold in trust under the terms of this inter10ca1
agreement to the City according to the formulas in the City's
adopted Capital Improvements Plan.
(3.) The parties agree that the City, on behalf of the County,
shall collect the impact fees in an amount equivalent to and
according to the rate and schedule set forth in Chapter 12,
MCLDR. in the manner described in Section Three and Section Four
of this Agreement. The City shall remit the funds so collected
to the County to be held in trust according to the procedure
further described herein. until the conditions of Section Two (2)
of the agreement are met.
(4.) After the completion of all the terms and other conditions
of this Agreement, the City and the CQunty further agree that the
City will continue to collect impact fees and allocate an
appropriate portion of said fees to the County based upon a duly
adopted enabling ordinance or the formulas established in the
adopted CIP. or both, as necessary, to ensure that the City
continues to provide its fair share to the cost of expanding
public facilities that benefit the City but are received from
the County.
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SECTION THREE
PAYMENT OF FAIR SHARE FEE PRIOR TO ISSUANCE OF BUILDING PERMIT
A "Fair Share Fee" shall be paid by any person. including any
governmental agency. prior to receiving a City building permit
for any new development activity generating new public facility
demands for County services.
SECTION FOUR
ESTABLISHMENT OF FEE SCHEDULE
The following impact fee rates are established as set forth
below and in Section 12. MCLDR. for the interim until the time
that a Capital Improvements Plan is completed and adopted or
until the appropriate enabling ordinance is adopted by the City.
or both. as necessary. with allocations to the County according
to the formulas contained in the adopted CIP and/or the enabling
ordinances of the City.
SCHEDULE OF FEES
(1.) Transportation.
Any person who initiates any new land development activity
generating traffic, except when fees are determined by preparing
a Traffic Impact Analysis pursuant to subsection D of Section 12-
101. Vol. III of the MCLDR. shall pay a "Fair Share
Transportation Fee" as established by the following fee schedule:
LAND USE TYPE
Single Family Unit
Duplex (per dwelling unit)
Multi-Family (per dwelling unit)
Hotel. per room
Motel. per room
Time Share Unit
Marina Berth
Medical Office. per 1.000 sq. ft.
Banking. per 1.000 sq.ft.
Other Office. per 1.000 sq.ft.
Restaurant. per 1.000 sq. ft.
FEE
$1.610.00
$1.610.00
$1.415.00
$1.744.00
$1.744.00
$1.744.00
$ 715.00
$2,315.00
$3.716.00
$1.822.00
$1.235.00
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Warehouse, per 1,000 sq. ft.
Retail per 1,000 sq.ft., under 50,000 sq.ft.
Retail per 1,000 sq.ft., 50,000 to 99,999 sq.ft.
$ 568.00
$1,235.00
$ 974.00
(2.) Community Park.
Any person who initiates any new land development activity
that places an increased demand on the County's Community Park
Facilities shall pay a "Fair Share Park Fee" as follows:
LAND USE TYPE
FEE
$128.40
$107.00
Permanent Residential Unit
Transient Residential Unit
(3.) Library.
Any person who initiates any new land development activity
that places an increased demand on the County's Library
Facilities shall pay a "Fair Share Library Fee" as follows:
LAND USE TYPE
FEE
$190.00
Residential Unit
(4.) Solid Waste.
Any person who initiates any new development activity that
generates an increased demand on the county's solid waste
facilities, except those applicants who make their own
independent calculations as provided for in subsection C of
Section 12-104, Vol. III of the Monroe County Comprehensive Plan,
shall pay a "Fair Share Solid Waste Fee", as established by the
following fee schedule:
LAND USE TYPE
FEE
$65.04
$54.18
$25.80
$64.50
$64.50
$64.50
$129.00
$225.80
$323.50
$580.50
Permanent Residential Unit
Transient Residential Unit
Marina Berth
Medical Office, per 1,000 s.f.
Other Office, per 1,000 s.f.
Banking, per 1,000 s.f.
Warehouse/Wholesale, per 1,000 s.f.
Restaurant per 1,000 s.f.
Retail under 100,000 s.f.
Supermarket/Convenience Store per 1,000 s.f.
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Retail over 100.000 s.f.
$258.00
(5.) Police.
Any person who initiates any new land development activity
generating an increased demand for capital expansion of police
facilities. shall pay a "Fair Share Police Fee". as established
by the following fee schedule:
LAND USE TYPE
FEE
$102.38
$ 85.32
$136.50
Permanent Residential Unit
Transient Residential Unit
Non-Residential. per 1.000 sq. ft.
SECTION FIVE
COLLECTION AND TRANSFER
All funds collected shall be properly identified and promptly
transfered to the City's Clerk's Office for deposit in the
appropriate trust fund in separate accounts established by the
County and used solely for the purposes established by this
agreement. Not withstanding any other terms of this inter local
agreement no money from the trust fund collected will be
distributed to anyone. including Monroe County. until both
parties have agreed to the allocation of the funds. The City of
Key Colony Beach is located within the Middle Keys Service
District. as described in Appendix "A". MCLDR.
SECTION SIX
USE OF FUNDS COLLECTED AND TRUST FUNDS
All funds collected shall be placed i~ a "Fair Share Trust"
Account and held in escrow and released and expended when
the conditions of Section 2 (2) of this agreement are met.
(1.) A fair share transportation trust account shall be
established and proceeds from the trust shall be used exclusively
for capital expansion of the County's and City's major road
network system in the Middle Keys subdistrict as directed by the
CIP.
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(2.) A fair share park trust account shall be established and
proceeds used exclusively for the capital expansion of the
County's and City's community park facilities in the Middle Keys
subdistrict as directed by the CIP.
(3.) A fair share library trust account shall be established
and proceeds used exclusively for the capital expansion of the
County's Library Facilities in the Middle Keys Subdistrict.
(4.) A fair share solid waste trust account shall be
established and used solely for the purpose of construction and
expansion of solid waste facilities in Monroe County, including
but not limited to:
a. design and construction plan preparation;
b. land acquisition;
c. acquisition of new incinerators and shredders;
d. acquisition of trucks and buildings housing
equipment; and
e. construction of landfills, recycling centers and
composting facilities.
(5.) A fair share police trust account shall be established
and proceeds be used solely for the purpose of the capital
expansion of police facilities in Monroe County, and other
improvements in the City as directed by the CIP including but not
limited to:
a. design and construction plan preparation;
b. land acquisition;
c. acquisition of new patrol cars;
d. acquisition of jail facilities; and
e. substation construction.
,
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SECTION SEVEN
EXEMPTIONS
The following new land development activities shall be exempted
from payment of impact fees as set forth in Chapter 12, MCLDR:
1. Alterations or expansion of an existing dwelling unit
where no additional units are created and the use is not changed.
2. The construction of accessory uses or structures which
are not dwelling units and which do not constitute an increase in
intensity.
3. The replacement of a destroyed or partially destroyed
building or structure with a new building or structure of the
same size or use.
4. Publicly owned governmental building, except for those
used for permanent or temporary housing.
SECTION EIGHT
GENERAL APPLICABILITY
its
To the extent of/applicability of impact fees, until the
adoption of the CIP as part of the capital improvements element
of the City's comprehensive plan and/or the adoption of City
impact fee ordinances, all provisions of Chapter 12, MCLDR, shall
apply within the City of Key Colony Beach except where the
requirements set forth in this inter local agreement mandate that
a different allocation, collection, holding in trust, or transfer
of funds procedure be followed.
~
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SECTION NINE
EFFECTIVE DATE
This agreement shall take effect on or after June 27. 1988, when
approved by the governing bodies of the City of Key Colony Beach
and Monroe County, filed with the Clerk of the Circuit Court
of Monroe County, and filed with the City Clerk of the City of Key
Colony Beach.
CITY OF KEY COLONY BEACH
B~dI'~
RUSSELL RADOM, VICE MAYOR date: 6.0l'.~\
(SEAL)
ATTEST:
....)~~. ~~
Joan E. Rinyu, City C erk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
EUGENE LYTTON, MAYOR/CHAIRMAN date:
(SEAL)
ATTEST:
Danny L. Ko1hage, County Clerk
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