Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 17, 2014
June 17, 2014 - Regular Meeting
Agenda Item #41

Interlocal Agreement between Manatee County and the School Board of Manatee County Regarding School Impact Fees


Contact and/or Presenter Information
Sharla Fouquet
Impact Fee Program Manager,
Financial Management Department

Action Requested
Authorization for the County Administrator, or his designee, to execute the Interlocal Agreement regarding School Impact Fees between the School Board of Manatee County and the Manatee County Board of County Commissioners, to reconcile outstanding Administrative Charges and Impact Fee Proceeds currently held by each party.

Enabling/Regulating Authority
Constitution and laws of the State of Florida, including expressly (but not limited to) Sections 1 and 2 of Article VIII of the Constitution of the State of Florida, Chapter 125, Part II of Chapter 1001, and Section 163.01 of Florida Statutes.

Background Discussion

This interlocal agreement is just to allow an administrative mechanism for the two agencies to reconcile monies that each party owes the other based on previous school impact fee collections.

From 2002 to 2010, Manatee County levied and collected school impact fees on the construction of new residential dwelling units, and remitted those fees to the School Board of Manatee County for the construction of capital educational facilities.

During that time, surcharges for the School Board’s administration of the School Impact Fee program were accumulated by the County but never remitted to the School Board, due  to the absence of an executed Interlocal Agreement between the affected parties.  Additionally, selected school impact fee proceeds were remitted to the School Board by the County, but were later refunded by the County to the original feepayers, based on impact fee credits awarded to those feepayers.  The County was never reimbursed by the School Board for said refunds.

The County and the School Board therefore propose to enter into the attached Interlocal Agreement, which will authorize them to reconcile these matters.  Under the terms of the agreement, the County will remit to the School Board the school impact fee administrative surcharges collected on its behalf ($307,262.20) which have been set aside for this purpose;  and, the School Board will compensate the County for school impact fee proceeds refunded with the School Board's authorization to individual feepayers ($164,101.99).   Staff has worked with the Manatee County Clerk of the Courts office to determine the correct amounts specified for this reconciliation.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Interlocal agreement has been drafted by William Clague.

Reviewing Attorney

Instructions to Board Records

Two signed copies to School Board which will have this item on their agenda on their June 24 Meeting.

Cost and Funds Source Account Number and Name
110-0000000-208010, Impact Fee Administrative Surcharges Due to School Board

Amount and Frequency of Recurring Costs
$307,262.20; one time only

Attachment:  ILA for school impact fees final.pdf