HomeMy WebLinkAbout2024 10 28 Consent 307 - First Amendment to Road Impact Fee/Mobility Fee Interlocal Agreement SCCONSENT AGENDA ITEM 307
CITY COMMISSION AGENDA | OCTOBER 28, 2024 REGULAR MEETING
TITLE
First Amendment to Road Impact Fee/Mobility Fee Interlocal Agreement Seminole
County/City of Winter Springs
SUMMARY
On October 4, 1996, the referenced Agreement was entered into, establishing a
collection procedure for County Road Impact Fees. On June 22, 2021 the Seminole
County Board of County Commissioners adopted Ordinance No. 2021-26 which
replaced its Road Impact Fees with Mobility Fees in accordance with Florida
Statutes. The purpose of this Board agenda item is to allow the City of execute a First
Amendment to an Interlocal Agreement with Seminole County which will allow the City
to collect County imposed Mobility Fees.
FUNDING SOURCE
RECOMMENDATION
The recommendation is that the City Commission Authorize the Mayor to execute the
First Amendment to the Interlocal Agreement with Seminole County which will allow
the City to collect the County imposed Mobility Fees.
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First Amendment to the Road Impact Fee/Mobility Fee Interlocal Agreement
Seminole County/City of Winter Springs
Page 1 of 4
FIRST AMENDMENT TO
ROAD IMPACT FEE/MOBILITY FEE INTERLOCAL AGREEMENT
SEMINOLE COUNTY/CITY OF WINTER SPRINGS
THIS FIRST AMENDMENT is made and entered into this _______ day of
______________, 20____, and is to that certain Road Impact Fee Interlocal Agreement made and
entered into on the 4th day of October, 1996 (“Agreement”), between the CITY OF WINTER
SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter
Springs, Florida 32708, hereinafter referred to as CITY, and SEMINOLE COUNTY, a political
subdivision of the State of Florida, whose address is Seminole County Services Building, 1101
East First Street, Sanford, Florida 32771, hereinafter referred to as COUNTY.
W I T N E S S E T H:
WHEREAS, CITY and COUNTY entered into the above referenced Agreement on
October 4, 1996, for establishing a collection procedure for County Road Impact Fees; and
WHEREAS, on June 22, 2021, the Seminole County Board of County Commissioners
adopted Ordinance No. 2021-26 pursuant to the terms of which the COUNTY replaced its Road
Impact Fees with Mobility Fees; and
WHEREAS, COUNTY replaced its Road Impact Fee with a Mobility Fee in accordance
with Section 163.3180(5)(i), Florida Statutes. COUNTY most recently reviewed its road impact
fee in 1995. Impact fee methodologies have advanced since 1995. State laws have passed requiring
use of current information, and encouraging creative approaches to support local economic
development and land development programs; and
WHEREAS, Mobility Fees provide more flexibility than road impact fees, allowing
expenditures for not only roads but transit, bicycle, and pedestrian facilities; and
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First Amendment to the Road Impact Fee/Mobility Fee Interlocal Agreement
Seminole County/City of Winter Springs
Page 2 of 4
WHEREAS, based upon the findings and recommendations contained in the 2020 Multi-
Modal Mobility Fee Study, COUNTY revised and updated Land Development Code Chapter 120,
Road Impact Fees, to now be entitled Mobility Fees; and
WHEREAS, Seminole County Ordinance No. 2021-26 replaced Road Impact Fees with
Mobility Fees and, consistent with Section 163.3180(5)(i), Florida Statutes, the mobility fee based
funding system complies with Section 163.31801, Florida Statutes, governing impact fees; and
WHEREAS, the parties desire to amend the Agreement so as to enable both parties to
continue to enjoy the mutual benefits it provides.
NOW, THEREFORE, in consideration of the mutual understandings and agreements
contained herein, the parties agree to amend the Agreement as follows:
1. Section 3 of the Agreement is deleted in its entirety and replaced with the following:
3. CITY’s Obligations.
(a) CITY hereby agrees to assist and cooperate with COUNTY in
collecting the Mobility Fees imposed within the boundaries of the CITY as follows:
(1) CITY shall require, as a condition to the issuance of a
Building Permit:
(A) that, if the Building Permit is for the construction of
a Single Family Detached Home, a Mobility Fee Statement prepared by the CITY be issued to the
Applicant or Owner; or
(B) that, if the Building Permit is for the construction of
any Travel Increasing Development, other than Single Family Detached Home, the Owner or
Applicant must present a Mobility Fee Statement for COUNTY Mobility Fees prepared by
COUNTY.
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First Amendment to the Road Impact Fee/Mobility Fee Interlocal Agreement
Seminole County/City of Winter Springs
Page 3 of 4
(2) CITY shall collect, prior to the issuance of the Building
Permit, the Mobility Fee imposed by the COUNTY for the proposed construction or alteration.
(3) All Mobility Fees collected by CITY during a calendar
month shall be remitted without interest by CITY to COUNTY prior to the 15th day of each month
for such Impact Fees collected in the previous month.
(4) To reimburse CITY for the costs incurred in the collection
of the Mobility Fees under COUNTY’s Ordinance, CITY shall be allowed to retain three percent
(3%) of each Impact Fee collected up to a maximum of TWO HUNDRED FIFTY AND NO/100
DOLLARS ($250.00) per impact fee. Both parties acknowledge that the amount retained is equal
to the cost incurred by the collection of these fees, including any increase in bonding or surety
costs from the handling of these additional monies.
(b) Such collection method shall remain in effect during each annual
renewal term unless CITY notifies COUNTY in writing prior to the 1st day of August of the
selection of an alternative collection option for the next ensuring annual renewal period.
2. Section 7 of the Agreement is deleted in its entirety and replaced with the
following:
COUNTY will prepare a summary of the Mobility Fees remitted to COUNTY from
permits issued within the CITY as part of the COUNTY's annual reporting of
mobility fee collections and provide the annual summary to CITY upon request.
3. The Agreement is hereby amended to change the references in the Agreement
from the term “Impact Fees” to “Mobility Fee” as context dictates.
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First Amendment to the Road Impact Fee/Mobility Fee Interlocal Agreement
Seminole County/City of Winter Springs
Page 4 of 4
4. Except as herein modified, all terms and conditions of the Agreement shall
remain in full force and effect for the term of this Agreement, as originally set forth in said
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this instrument for the
purpose herein expressed.
ATTEST: CITY OF WINTER SPRINGS
By:
CHRISTIAN GOWAN, Clerk KEVIN McCANN, Mayor
CITY OF WINTER SPRINGS
Date:
BOARD OF COUNTY COMMISSIONERS
ATTEST: SEMINOLE COUNTY, FLORIDA
By:
GRANT MALOY JAY ZEMBOWER, Chairman
Clerk to the Board of
County Commissioners of
Seminole County, Florida. Date:
For the use and reliance As authorized for execution by the Board of County
of Seminole County only. Commissioners at its _________________, 20____,
regular meeting.
Approved as to form and
legal sufficiency.
County Attorney
NJB/kly
10/1/24 10/3/24
T:\Users\Legal Secretary CSB\Planning\2024\Mobility Fee Interlocal Agreement - 1st Am (Winter Springs).docx
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