HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-061Temp Reso #11796
May 14, 2010
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- (
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
APPROVING THE AMENDED AND
REINSTATED INTERLOCAL AGREEMENT FOR
PUBLIC SCHOOL FACILITIES PLANNING IN
ORDER TO AVOID THE CURRENTLY
PROPOSED SCHOOL BOUNDARY CHANGES
IN BROWARD COUNTY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Broward County School Board ("School Board"), Broward
County Board of County Commissioners ("County"), and the non-exempt Broward
County Municipalities ("Municipalities") entered into an Interlocal Agreement for Public
School Facilities Planning ("ILA") in 2007 pursuant to the requirements of Sections
163.3180(13) and 163.31777, Florida Statutes; and
WHEREAS, in November 2009 the Staff Working Group recommended, to the
Oversight Committee, amendments to the ILA proposing the creation of Concurrency
Service Areas; and
WHEREAS, the Oversight Committee rejected the proposed amendments to the
ILA, which were not forwarded to the Broward County School Board for approval, so the
original ILA remained in effect; and
WHEREAS, the ILA adopted the individual school boundary as the Concurrency
Service Areas, and adopted a Level of Service standards of 110% of permanent FISH
capacity for these Concurrency Service Areas; and
Temp Reso #11796
May 14, 2010
Page 2
WHEREAS,
various
new facilities were proposed in
the School Board's
Educational Plant
Survey to
support the feasibility of the ILA's
Concurrency Service
Areas and Level of Service Standards; and
WHEREAS, these proposed new facilities were subsequently rejected by the
state and, without construction of these facilities, many Concurrency Service Areas will
fail to meet the adopted Level of Service standard over the next five years; and
WHEREAS, the School Board has responded to these projected failures to meet
the Level of Service standard by proposing boundary changes for the affected schools
which will ultimately domino across the County and affect a large number of schools;
and
WHEREAS, such boundary changes are disruptive to the education of our
children, deprive families of their reasonable expectations as to which schools their
children will attend, and will otherwise cause harm and substantial inconvenience to
many of the residents of the Municipalities in Broward County; and
WHEREAS, the proposed amendment to the ILA ultimately requires approval by
the School Board, the County and at least 75% of the Municipalities representing at
least 50% of the population of Broward County; and
WHEREAS, should conditions change and additional facilities be approved for
construction by the state, the School Board, County and Municipalities can revisit the
ILA and further revise the Level of Service standard or Concurrency Service Areas as
may be appropriate; and
Temp Reso #11796
May 14, 2010
Page 3
WHEREAS, the Broward County League of Cities deems it to be in the best
interests of the citizens and residents of Broward County to support the amendments to
the ILA endorsed by the Staff Working Group, and further urges the School Board, the
Municipalities and the County to adopt the same.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of the
Resolution upon adoption hereof.
SECTION 2: That the amended Interlocal Agreement between the City of
Tamarac and the Broward County School Board providing for an agreement to establish
jointly the specific ways in which the plans and processes of the district school board
and the local governments are to be coordinated is hereby approved. The appropriate
City Officials are hereby authorized to execute the Interlocal Agreement.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or in application, it shall not affect the validity of the remaining portion or
applications of this Resolution.
Temp Reso #11796
May 14, 2010
Page 4
SECTION 5: This Resolution shall become effective immediately upon its
adoption.
PASSED, ADOPTED and APPROVED this w day of R'7
, 2010.
BETH TALABISC
MAYOR
ATTEST:
✓ '� ( U)i Record of COMMISSION VOTE:
MARFON SWENSON, CMC MAYOR TALABISCO
CITY CLERK DIST 1: COMM BUSHNEL 1---'
DIST 2: COMM ATKINS-GRA �-�
DIST 3: COMM GLASSER
DIST 4: VM DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
) � , f11--i1 11) - —
SAMIAL S. O
CITY ATTOR Y
I
L'
SECOND
AMENDED INTERLOCAL AGREEMENT
FOR
PUBLIC SCHOOL FACILITY PLANNING
BROWARD COUNTY, FLORIDA
February 2, 2010
SECOND
AMENDED
INTERLOCAL AGREEMENT
FOR
PUBLIC SCHOOL FACILITY PLANNING
BROWARD COUNTY, FLORIDA
This Second Amended Agreement (hereinafter referred to as "Amended Agreement") is entered
into between The School Board of Broward County, Florida (hereinafter referred to as "School
Board"), Broward County, a political subdivision of the State of Florida (hereinafter referred to as
"County"); the City Commission or Town Council of the Cities or Towns of Coconut Creek,
Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale
Beach, Hollywood, Lau derdale-By-The-Sea, Lauderdale Lakes, Lauderhill, Lazy Lake, Margate,
Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines,
Plantation, Pompano Beach, Southwest Ranches, Sunrise, Tamarac,. Weston, West Park and
Wilton Manors (hereinafter referred to collectively as "Municipalities").
RECITALS
WHEREAS, the School Board, County and the Municipalities entered into to an Amended
Interlocal Agreement for Public School Facility Planning ("Amended ILA") in 2008 pursuant to
the requirements of Sections 163.3180(13) and 163.31777, Florida Statutes; and
WHEREAS, the Amended ILA adopted each individual school boundary as the Concurrency
Service Area, and adopted a Level of Service standard of 110% of permanent FISH capacity for
these Concurrency Service Areas; and
WHEREAS, pursuant to Sections 163.3180 (13)(d)(2) and 1013.35, Florida Statutes, the School
Board committed to annually prepare and update its adopted Five -Year District Educational
Facilities Plan, which for the purposes of public school Concurrency is considered to be the
financially feasible Five -Year Capital Facilities Plan; and
WHEREAS, the School Board also committed to update and adopt the Five -Year District
Educational Facilities Plan annually to add enough capacity in the new fifth year to address
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projected growth and to adjust the Five -Year District Educational Facilities Plan in order to
maintain the adopted level of service standard and to demonstrate that the utilization of school
capacity is maximized to the greatest extent possible; and
WHEREAS, the Amended ILA was found to be in compliance by the Department of Community
Affairs and is currently in effect County wide; and
WHEREAS, various new facilities were proposed in the School Board's Educational Plant Survey
to support the feasibility of the Amended ILA's concurrency Service Areas and Level of Service
standards; and
WHEREAS, construction of some of these proposed new facilities were subsequently rejected by
the Florida Department of Education due to District wide excess capacity and without
construction of these facilities, many Concurrency Service Areas will fail to meet the adopted
Level of Service standard within the five year planning period as required by Florida Statutes;
and
WHEREAS, to meet these projected Level of Service standard failures the School Board has
proposed to amend the Amended ILA to change the 110% Permanent FISH Capacity for a
specified period to 100% Gross Capacity as a means to avoid multiple school boundary changes
across Broward County; and
WHEREAS, pursuant to its terms, the Amended ILA may be amended with the approval by the
School Board, the County and at least 75% of the Municipalities representing at least 50% of the
population of Broward County; and
WHEREAS, the parties hereto desire to amend the Amended ILA as set forth herein.
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency is hereby
acknowledged, the parties mutually agree to amend the Amended Interlocal Agreement as
follows:
SECTION 1. The above recitals are true and correct and are hereby incorporated as apart
of this Amended Agreement.
SECTION 2. Definitions are hereby amended as follows:
Gross Capacity The number of students that may be housed in a facility
(school) at any given time based on the utilization percentage
(as established by the State Requirements for Educational
Facilities) of existing satisfactory student stations.
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Quarterly Documents or Reports as may be required to be prepared,
produced or published four times a year, at three-month
intervals.
SECTION 3. Article IV, Coordinating and Sharing of Information, Section 4, is hereby
amended as follows:
Section 4
4.1 Tentative District Educational Facilities Plan: Commencing no later than r,.i,.@ 30, ""'
Tulv 30, 2009, and annually thereafter, the Superintendent shall submit to the County and
to each Municipality the tentative District Educational Facilities Plan (hereinafter referred
to as the "Tentative Plan"). Upon providing the Tentative Plan to local governments and
giving proper notice to the public and opportunity for public comment, the School Board
may amend the Tentative Plan to revise the priority of projects, to add, or delete projects,
to reflect the impact of change orders, or to reflect the approval of new revenue sources
which may become available. The Tentative Plan will be consistent with the requirements
of Section 1013.35 Florida Statutes, and include, an inventory of existing school facilities,
projected five-year student enrollment projections apportioned by school and geographic
area, Florida Inventory of School Housing for each school as approved by the Department
of Education, the number of portables in use at each school, the number of portables
projected to be in use at each school, five-year capital improvements for pertinent schools,
planned new schools, general locations of new schools for the five, ten, and twenty-year
time periods, the School District unmet needs and options to reduce the need for
additional permanent student stations. The Tentative Plan will also include a financially
feasible district facilities work program for a five year period. The County and
Municipalities shall review the Tentative Plan and send written comments to the
Superintendent . hjthin 30 days after receipt of the draft Tentative
Plan, on the consistency of the Tentative Plan with the local comprehensive plan, and
whether a comprehensive plan amendment will be necessary for any proposed
educational facility for consideration prior to the final adoption hearing.
4.5 pqo— the —they "" "� '„`"'�'' Quartc4rly, the County will provide by
correspondence to the Superintendent, the list of all residential plat(s) granted approval
by the Broward County Commission during that preceding uq arterweeff#. At a
minimum, the information shall contain the plat name, plat number, residential type,
number of units and date of approval. If no plat was approved during the uc� artery#,
the County will send correspondence indicating so.
SECTION 4. Article VII, Plan Review, Consistency Determination, Section 7, is hereby
amended as follows:
Section 7
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7.3 As a part of its development review process, the County and Municipalities agree to
provide a copy of comprehensive plan amendment and rezoning applications (including
the allocation of flexibility/reserve units) that could increase residential density to the
Superintendent. At a minimum, the information provided shall include the name of the
applicant, application/project number, project name, current and proposed use, existing
and proposed land use or zoning designation, existing permitted and proposed and type
of units, acreage, survey or location map and section, township and range and the
anticipated date the local planning agency may consider this item if such date is
determined at the time the information is provided. The County or Municipalities shall
provide the deadline for receiving comments from the Superintendent; however, the time
provided to the Superintendent for submitting such comments shall be no less than forty-
five (45) days from the date the information is provided to the Superintendent. If no
deadline is provided together with the information, then the Superintendent shall provide
comments no later than forty-five (45) days after receipt of the information. Further, the
County or Municipalities will provide written giaarteriv reports {, to the
Superintendent when the application receives final approval from the governing body.
7.10 In reviewing and approving comprehensive plan amendments and rezonings (including
the allocation of flexibility/reserve units), the County and Municipalities may consider the
following issues consistent with applicable governmental codes and comprehensive plans
in addition to such other criteria as may be applicable or appropriate:
(a) School Board comments provided pursuant to Chapters 163 and 1013, Florida
Statutes which may include, but not be limited to:
1. Available el rg oss capacity until the end of the 2018/19 school
year, and commencing at the beginning of the 2019/20 school year, permanent
capacity consistent with the provisions provided herein or planned
improvements to increase school capacity;
2. The provision of school sites and facilities within planned neighborhoods;
3. Compatibility of land uses adjacent to existing schools and reserved school
sites;
4. The collocation of parks, recreation and neighborhood facilities with school
sites;
5. The linkage of schools, parks, libraries and other public facilities with
bikeways, trails, and sidewalks for safe access;
6. Traffic circulation plans which serve schools and the surrounding
neighborhood;
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7. The provision of off -site signalization, signage, access improvements, and
sidewalks to serve schools;
8. The inclusion of school bus stops and turnarounds; and
9. The installation of appropriate buffers such as, but not limited to, a solid fence
or concrete wall, solid hedges or increased setbacks that will ensure
compatibility with the adjacent school for any new development that will be
located adjacent to an existing school or an identified future school.
SECTION 5. Article VIII Public School Concurrency Section 8 shall be amended as follows:
Section 8
8.1 Required Amendments For Elementer Public School Concurrency Ameadments
(a) Initial Comprehensive Plan Amendments Related to the Public School
Facilities Element (PSFE) to Satisfy Sections 163.3177 and 163.3180 Florida
Statute Requirements: The amendments to the PSFE and related amendments
to the Capital Improvements Element (CIE) and the Intergovernmental
Coordination Element (ICE) in the County's and Municipalities comprehensive
plans ("school -related element amendments" or school -related element
provisions") required to satisfy Sections 163.3177 and 163.3180 Florida Statutes
are being adopted into the comprehensive plans of the County and
Municipalities concurrently with the execution of this Amended Interlocal
Agreement by the County and Municipalities. Some provisions relevant to
public schools may remain in the Future Land Use Element or other elements
as may be appropriate.
(b) Subsequent School -Related Element Amendments: Thereafter, the
experience under the revised comprehensive plans and the School Board of
Broward County's adopted Five -Year "District Educational Facilities Plan"
(DEFP) shall be reviewed by the County and Municipalities each year, at the
Staff Working Group (SWG) meeting to be held no later than March 31, to
determine whether updates to the comprehensive plans are required. At the
minimum, the School Board's adopted Five -Year DEFP shall be updated
annually by the addition of a new fifth year. Any other amendments to the
comprehensive plans shall be transmitted in time to allow their adoption
concurrently with the update to the School Board's adopted Five -Year DEFP,
where feasible.
(c) School Board Review of School -Related Element Amendments: Unless
proposed by the School Board, all school- related element amendments shall be
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provided b?y the County to the School Board at least sixty (60) days prior to
transmittal (or adoption if no transmittal is required). Municipalities that
choose to propose transmit and. adopt identical school -related element
amendments as the Countv shall notify the School Board in writing at least one
(1) month prior to its local planning agency (LPA) meeting. Municipalities that
choose to 12ropose transmit and adopt school -related element amendments
that are different from the County shall provide the element amendments to
the School Board at least sixty (60) days prior to transmittal (or adoption if no
transmittal is requ red.). The School Board shall review the school -related
element amendments and provide comments, if any, to the relevant local
government either (i) in writing at least one (1) week prior to the local planning
agency (LPA) meeting on the school -related element amendment, or (ii) by
attending and providing comments at the LPA meeting.
(d) Countywide Consistency of School -Related Element Amendments: The
County and Municipalities school -related element provisions must be
consistent with each other and with the School Board's facilities plan and
policies. Each Municipality may choose to adopt all or a portion of the
County's school -related element provisions into its comprehensive plan by
reference, or it may adopt its own school -related element provisions. If a
Municipality adopts its own school -related element provisions, any goal,
objective, policy or other provision relevant to the establishment and
maintenance of a uniform district -wide school concurrency system shall be
substantially the same as its counter part in the County and Municipalities
comprehensive plans. If any school -related element amendment is proposed
that affects the uniform district -wide school concurrency system, it shall fl+t
only become effective in accordance with Section 14.1 (f) of this Amended
Agreement. Once these amendments become effective, then the new
requirement shall apply countywide. Each Municipality and the County may
adopt the School Board's adopted Five -Year DEFP into its comprehensive plan
either by reference or by restatement of the relevant portions of that adopted
Five -Year DEFP, but in no event shall a Municipality or the County attempt to
modify that adopted Five -Year DEFP. The County and Municipalities agree to
coordinate the timing of approval of school -related element amendments, to
the extent that it is feasible to do so.
(e) Evaluation and Appraisal Report: In addition to the other coordination
procedures provided for in this Amended Interlocal Agreement, at the time of
the Evaluation and Appraisal Report (EAR), the County and Municipalities
shall schedule at least one (1) SWG meeting with the School Board to address
needed updates to the school -related plan provisions.
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8.2 Specific Responsibilities
(a) Broward County and the Municipalities, within 90 days of the any
comprehensive plan amendments in accordance with this Amended
Agreement becoming effective shall amend their respective Land Development
Codes (LDC) and adopt the required public school concurrency provisions,
consistent with the requirements of this Amended Agreement. Such
amendment shall include the public school concurrency management system
outlining the development review process for proposed residential
developments.
(b) Broward County and the Municipalities, in accordance with this Amended
Agreement shall:
1. Not approve or issue any residential plat or site plan (or functional
equivalent) that is not exempted or vested pursuant to Subsection 8.11 of
this Amended Agreement until the School District has reported that the
school concurrency requirement has been satisfied.
2. Maintain data for approved residential development that was the subject of
public school concurrency review. The data shall be provided to the School
District ..o later- than 1-5 days in a auarteriv report after final approval of the
application by the governing body. At the minimum, the data provided
shall include the following:
a. Development name, ati4-focal governingit project number, and if
known, School District project number;
(c) The School Board shall do the following:
1. Annually prepare and update its adopted Five -Year DEFP, which for the
purposes of public school concurrency shall be considered the financially
feasible Five -Year Capital Facilities Plan. The Five -Year Capital Facilities
Plan shall reflect the capacity needed to meet the adopted level of service
standard L( OSl for the CSAs c�aefr pertaining to District elementary, middle
and high schools, during the five year period, but no later than the fifth
year of the Five -Year Capital Facilities Plan. The data required to
demonstrate the ach:ievernent and maintenance of the adopted LOS at the
elementary, middle and high school level CSAs during the timefrarne
referenced herein shall be reflected in an LOS Plan contained within each
subsequent adopted. DEFP.
2. Establish a process to ensure the maximum utilization of text
capacity at each District elementary, middle and high school and to ensure
that the schools are operating at or below the adopted level of service
standard (LOS).
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3. Commencing October 4, 200;_15, 2009, and annually thereafter by OEtebef
-i,provide the County and Municipalities with the required School District
data related to public school concurrency, and related analysis needed to
amend or annually update their comprehensive plans.
4. Review proposed plat and site plan (or functional equivalent) applications
for compliance with public school concurrency requirements.
5. As a component of the District's public school concurrency management
system, maintain data regarding available capacity at eat -the District's
elementary, middle and high school within each C.SAs after factoring the
student impact anticipated from the proposed residential development into
the database.
8.5 Comprehensive Plans - Development, Adoption and Amendment of the Capital
Improvements Element
(b) Any amendment, correction or modification to the adopted Five -Year DEFP
concerning costs, revenue sources, or acceptance of facilities pursuant to
dedications or proportionate share mitigation, once adopted by the School Board,
shall be transmitted by the School District to the County and Municipalities within
forty-five (45) days after the adoption. Within oee hundfed e4g1:4Y (480)
The County and Municipalities shall amend their CIE to reflect the changes
consistent with the annual utadate required by the State to their CIE. Such
amendments may be accomplished by ordinance, and shall not be considered
amendments to the comprehensive plan, pursuant to Section 163.3177 (6)(b)(1),
Florida Statutes.
8.10 Level of Service Standard (LOS)
(a) In order to ensure that the capacity of schools is sufficient to support student
growth, the School Board, County and Municipalities hereby declare and establish
the LOS as 100% of gross capacity (with relocatabl.e classrooms) for each. CSA until
the end of. the 2018119 school year, and commencing at the 201.9/20 school year, the
LOS for each CSA shall be 110% of the permanent FISH capacity for- eaek
. By Tanuary 2014 the Oversight Committee, in
coordination with the School Board, the County and the Municipalities will assess
the viability of the 100% gross capacity LOS, and the practicability of reverting
back to 110% permanent FISH capacity LOS at the beginning_.of. the 2019/20 school
ey ar. The LOS shall be achieved and maintained within the period covered by the
five-year schedule of capital improvements. To maintain the adopted LOS when it
reverts to back to 11.0% permanent FISH capacity for each CSA, the School Board
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may if necessary, utilize relocatable classrooms (portables) on a temporary basis as
an operational solution during the replacement or expansion of District school
facilities, or at Exceptional Student Education cluster sites, or in the case of a
disaster or emergency.
(b) The LOS shall be adopted and incorporated into the PSFE of Broward County and
the Municipalities' Comprehensive Plans.
(c) In the review of proposed development applications containing residential units,
the LOS for schools containing magnet programs shall be considered the same as
stated for each pertinent school level (elementary, middle and high).
8.11 Exemptions and Vested Development
(b) The following residential plats and site plans (or functional equivalent) shall be
vested from the requirements of public school concurrency:
3:3. Any residential site plan (or functional equivalent) which is
included within a residential plat or development agreement for which school
impacts have been satisfied for the dwelling units included in the proposed site
plan (or functional equivalent). Information regardirrg each residential site
lan or functional equivalent) shall be tra:nsrrritted to the School District in a
uarterl�f report. In the transmittal of such residential site plan (or functional
equivalent) to the School District, the County or Municipality shall state i +"^
4a..Asmitta�1-e+�-75hall provide additional. written information as required in. the
quarterly report 4 to verify that the units in the application are vested.
The County will provide the necessary information to the School Board and
Municipalities to identify the vested plats and further specifics to be contained
in the adopted land development regulations. As applicable, the
Municipalities shall utilize the information provided by the. Coun , regarding
the vested..121at to complete inforrnation as required in the c uarterly report.
8.13 Review Process
(f) Utilization Determination
It shall be the responsibility of the School District to maintain the CSA
boundaries and related data.
2. The School District shall determine the impact of a proposed development
to assigned school(s) by performing the following procedures:
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(i.) Deduct the Twentieth Day Enrollment numbers from the
school's pe--mane t P19 r LOS capacity. The Twentieth Day
count is effective on the twentieth day of the school year until
the nineteenth day of the next school year.
(ii.) Add or deduct capacity from capital projects over the next three
years as reflected in the Adopted DEFP, which may include
capacity from a new school in an approved boundary that will
become effective in the next school year.
(iii.) Deduct the number of students from development approved per
Subsections 8.11(b) and 8.13(g) of this Amended Agreement and
anticipated to be built within the next three years.
(iv.) Deduct the number of students generated from the proposed
project.
3. If it is determined that there is no per -capacity at the assigned
school(s) as determined by the procedure described in Subsection 8.13(f)2
above because the projected growth from a residential development causes
the adopted LOS to be exceeded in the subject CSA, the School District
may, if practical, utilize pertinent options delineated in School Board Policy
5000, to be amended consistent with this Amended Agreement and as may
be amended from time to time to ensure maximum utilization at the CSA.
Otherwise, all of the CSAs immediately adjacent to the primary impacted
CSA will be examined for available capacity before a determination letter is
issued indicating that the development has satisfied public school
concurrency.
(g) Issuance and Term of Public School Concurrency
4. Upon final action by the Local Government regarding the development, the
Local Government shall send -provide information in the
quarterly report to the School District indicating that the development was
granted final approval or denied. If the plat, site plan (or functional
equivalent) received final approval, the development and anticipated students
shall be considered vested for up to five (5) years consistent with the period of
the underlying approval beginning from the date the Developer received final
approval from the Local Government. Vesting of a plat beyond the five years
requires that one of the following conditions are met within the five (5) year
period: 1) the issuance of a building permit for a principal building and first
inspection approval or 2) substantial completion of project water lines, sewer
lines and the rock base for internal roads. If the development was denied, the
District shall deduct from its database, students associated with the
development. Information provided shall be consistent with requirements
stated in Subsection 8.2 of this Amended Agreement.
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8.15 Proportionate Share Mitigation Options
Once it is determined consistent with Sections 8.13 (e) and (f) of this Amended
Agreement that there is insufficient capacity at the assigned school(s) to serve the
proposed development, a development's total proportionate share mitigation
value shall be determined as follows:
(i.) The number of additional (deficit) students generated by the
proposed development that would impact school(s) exceeding
the adopted LOS, or that would cause the assigned school(s) to
exceed the adopted LOS, multiplied by the Florida Student
Station Cost Factors for each school type; plus
(ii.) That development's share of the land acquisition cost for school
sites, if any, as determined and published annually in the
adopted Five Year DEFP.
No land cost shall be applied to mitigation on property that is already owned or
controlled by the School District at the time the proportionate share mitigation
agreement is being executed. Relocatable classrooms or facilities shall not be
considered or accepted as an acceptable proportionate share mitigation option.
(a) The proportionate share mitigation proposed to address the deficit student
station(s) at the affected school(s) shall equate to at least one permanent classroom
when the following occurs: (i) The development generates the need for the
additional capacity and that capacity is not available; (ii) No classroom additions
are available within the first three years of the adopted Five -Year DEFP to
accommodate the student(s) generated; and/or (iii) No School District funds are
available to provide the needed classroom(s). Mitigation to address the anticipated
student impact that necessitate the need for school site(s) shall primarily be the
dedication of land. The proportionate share mitigation options to satisfy public
school concurrency requirements shall include the following:
(b) In no circumstance shall the total amount committed to pay for permanent'
classroom additions or any of the listed mitigation options be less than the school
impact fees due for the units as calculated based on the adopted school impact fee
schedule specified in the BCLDC and due for the units
the application for- bEffldilqg PeFmi at the time of payment. The school impact fee
due for the project shall be considered included in the total proportionate share
mitigation amount due or paid, and shall be credited toward the payment of the
school impact fee. Specifics regarding the payment of the proportionate share
mitigation shall be included within the binding agreement.
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SECTION 6. Article XIV, Amendment Procedures, Section 14, shall be amended as follows:
Section 14
14.1 Process to Amend the Interlocal Agreement
The procedures to amend this Amended Agreement shall be as follows:
(a) The party wishing to amend one or more of the above -listed items shall be the
"Initiating Party." The Initiating Party may be the School Board, County, or
Municipality subject to the requirements of public school concurrency.
(b) The Staff Working Group shall review aiid comment on a the proposed
amendment and supporting data and anal psis.
(c) The Initiating Party shall submit the proposed amendment to the Staff Working
Group. At the minimum, information submitted shall include:
1. A -^ ..,•a,,,., letter addressed to the Chair of the Oversight Committee
which notifies the chair of the prouosal to amend the Amended Agreement and
outlining the proposed amendment "s�-
2. A narrative describing the purpose of the proposed amendment and a
statement regarding the impact of the proposed amendment on the School
Board's Plan and adopted Five -Year DEFP, and the Local Government's
Comprehensive Plan and other elements of public school concurrency
addressed by this Amended Agreement.
3. The M ^^' M submitted information must also include all data and
analysis supporting the proposed amendment. As necessary;, the School
District will. assist the Count. , and M:un.i.ci palities in the 12rovision..of any school
related data re ag rdigg amendment(s) proposed by them.
(d) Within sixty (60) days of receipt of a proposed amendment from the Initiating
Party, the Staff Working Group shall review the proposed. amendment and.
supporting data and analysis, and provide ate -written
recommendation to the in.44ating ' , County, Mttsiei.
aR44e-Oversight Committee regarding the proposed. amendment. c+x-Included
in the recommendation shall. be whether the proposed amendment is consistent
with the Comprehensive Plan as required by Sections 163.3177 and 163.3187, F.S.
If the 12ro.posed arnendr.nent is not consistent with the re uirem.ents of the cited
statutes, the Staff Working Group shall indicate in its recommendation the
:-ReRt i it doe,
..
-12-
Words s#*kken are deletions, and words underlined are additions.
-,{. thEe r 444: ,444401a40g ;a.,. ^ _F reasons for the inconsi.stencv with the
cited statutes.
Upon receipt of th.e Staff Working Group's recommendation., the Oversight
Committee <who shall meet and make a final recommendation to the School Board,
the County and the Municipalities regarding the proposed amendment. In order
to resolve any objections to the proposed amendment, designees of the Initiating
Party may meet and confer with the Staff Working Group prior to the Staff
Working Group's
Muni es and recommendation to the Oversight Committee.
(e) _
If the
Oversight Committee cannot reach a consensus on the naafi _proposed
amendment, the matter shall be resolved pursuant to the dispute resolution
process set forth in Article X of this Amended Agreement.
(f) The parties agree that no proposed amendment will be implemented without the
eonsent of transmittal of the Staff Working Group's recommendation to the.
Oversight Committee, the final recommendation made by the Oversight
Committee, and agreed to by the County and the School Board, and at least
seventy-five percent (75%) of the Municipalities which include at least fifty percent
(50%) of the population within Broward County. Where the consent of the
necessary parties to the Interlocal Agreement is not obtained, no proposed
amendment will be implemented unless it is determined to be appropriate through
the dispute resolution process set forth in Article X of this Amended Agreement.
(g) The parties agree that, once a proposed amendment has the required consent of
each of the necessary signatories to the Amended Agreement or is determined to
be appropriate through dispute resolution, each party will undertake work
program, Comprehensive Plan, and regulatory changes necessary to effectuate the
amendment.
SECTION 7. Except as expressly set forth herein, all terms and conditions of the Interlocal
Agreement, and the Amended Interlocal Agreement remain in full force and effect.
SECTION 8. This Second Amended Interlocal Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument.
SECTION 9. Upon this Second Amendment being signed by the last required party, this Second
Amendment to the Interlocal Agreement shall take effect immediately and shall
continue until terminated.
-13-
Words stem are deletions, and words underlined are additions.
SECTION 10. All other terms, provisions and conditions of the Interlocal Agreement and the
Amended Interlocal Agreement not inconsistent herewith shall remain in full force
and effect. In the event of a conflict between these Agreements and this Second
Amendment, the terms of this Second Amended Agreement shall control and
prevail. Any term utilized in this Second Amendment but not defined herein shall
have the meaning ascribed to it in the Interlocal Agreement and the Amended
Interlocal Agreement.
IN WITNESS WHEREOF, this Second Amended Interlocal Agreement has been executed on the
respective dates under each signature by and on behalf of Broward County, each of the respective
Municipalities and the School Board of Broward County, Florida on this day of
2010.
[REMAINING PORTION OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
SIGNATURE PAGES FOLLOW.]
-14-
Words strieken are deletions, and words underlined are additions.
Signature Pages
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
By
Jennifer Leonard Gottlieb,
School Board Chair
ATTEST:
James F. Notter, Superintendent
Of Schools
(CORPORATE SEAL)
State of Florida, Broward County
Witness as to all Signatories
Print Name
Witness as to all Signatories
Print Name
WITNESS my hand and official seal this day of A.D. 2010
Print Name
My Commission Expires:
(AFFIX NOTARY SEAL)
Approved as to form and legal content:
Edward J. Marko, School Board Attorney
-15-
Words strieken are deletions, and words underlined are additions.
BROWARD COUNTY through its Mayor, authorized to execute same by Board action on the _
day of 2010.
ATTEST:
BROWARD COUNTY, by and through its
BOARD OF COUNTY COMMISSIONERS
By:
Broward County Administrator, as Ken Keechl, Mayor
Ex-officio Clerk of the Broward
County Board of County Commissioners
Day of 2010.
Approved as to form by
Office of County Attorney
Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By:
Assistant County Attorney
-16-
Words s#r-iFkeare deletions, and words underlined are additions.
CITY OF COCONUT CREEK through its Mayor, authorized to execute same by Commission
action on the _day of 2010.
(CITY SEAL)
ATTEST:
By:
Barbara S. Price, CMC
City Clerk
APPROVED AS TO LEGAL FORM:
By:
Paul S. Stuart, City Attorney
CITY OF COCONUT CREEK
a Florida municipal corporation
By:
David Rivera, City Manager
-17-
Words s#r-iekea are deletions, and words underlined are additions.
CITY OF COOPER CITY through its Mayor, authorized to execute same by Commission action
on the _day of 2010.
ATTEST:
a
Susan Poling, City Clerk
CITY OF COOPER CITY, FLORIDA
By:
Debby Eisinger, Mayor
Day of 2010.
APPROVED AS TO FORM:
UZ
David M. Wolpin, City Attorney
-18-
Words str-iekea are deletions, and words underlined are additions.
CITY OF CORAL SPRINGS through its Mayor, authorized to execute same by Commission
action on the _day of 2010.
ATTEST:
By:
CITY OF CORAL SPRINGS, a
Municipal corporation organized
and existing under the laws of
the State of Florida
By:
Scott J. Brook, Mayor
Day of .2010
APPROVED AS TO FORM:
By:
Peter Richardson, City Clerk Samuel S. Goren, City Attorney
- 19-
Words st+iekeiq are deletions, and words underlined are additions.
CITY OF DANIA BEACH through its Mayor, authorized to execute same by Commission action
on the _ day of 2010.
ATTEST:
LOUISE STILSON
CITY CLERK
APPROVED FOR FORM
AND CORRECTNESS:
110
THOMAS J. ANSBRO, ESQUIRE
CITY ATTORNEY
CITY OF DANIA BEACH,
a Florida municipal corporation
BY:
BY:
ANNE CASTRO
MAYOR -COMMISSIONER
ROBERT BALDWIN
CITY MANAGER
-20-
Words serf are deletions, and words underlined are additions.
TOWN OF DAVIE through its Mayor, authorized to execute same by Council action on the
day of 2010.
TOWN OF DAVIE, FLORIDA
WITNESSES:
ATTEST:
By:
Russell Muniz, Town Clerk
By:
By:
Judy Paul, Mayor/Councilmember
Gary Shimun, Town Administrator
APPROVED AS TO FORM:
By:
, Town Attorney
-21-
Words str4eken are deletions, and words underlined are additions.
CITY OF DEERFIELD BEACH through its Mayor, authorized to execute same by Commission
action on the _day of 2010.
CITY OF DEERFIELD BEACH, FLORIDA
Peggy Noland, Mayor
Approve as to Form
Andy Maurodis, City Attorney
Attest (Seal)
Ada Graham -Johnson, City Clerk
-22-
Words s#r-iekep are deletions, and words underlined are additions.
CITY OF FORT LAUDERDALE through its Mayor, authorized to execute same by Commission
action on the _day of .2010.
CITY OF FORT LAUDERDALE
WITNESSES:
By:
By:
(CORPORATE SEAL)
John P. Seiler, Mayor
George Gretsas, City Manager
ATTEST:
By:
Jonda K. Joseph, City Clerk
Approved as to form:
By:
STATE OF FLORIDA:
COUNTY OF BROWARD
Harry A. Stewart, City Attorney
The foregoing instrument was acknowledged before me this ,2010, by John P.
Seiler, Mayor of the CITY OF FORT LAUDERDALE, a municipal corporation of Florida. He is
personally known to me and did take an oath.
(SEAL) By:
Notary Public, State of Florida
STATE OF FLORIDA:
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this ,2010, by George
Gretsas, City Manager of the CITY OF FORT LAUDERDALE, a municipal corporation of Florida.
He is personally known to me and did take an oath.
(SEAL) By:
Notary Public, State of Florida
- 23 -
Words s#r-ielien are deletions, and words underlined are additions.
CITY OF HALLANDALE BEACH through its Mayor, authorized to execute same by
Commission action on the _day of , 2010.
ATTEST:
By:
JIM BUSCHMAN,
CITY CLERK
APPROVED AS TO FORM:
DAVID JOVE, CITY ATTORNEY
CITY OF HALLANDALE BEACH, FLORIDA
By:
MAYOR JOY COOPER
-24-
Words str} are deletions, and words underlined are additions.
CITY OF HOLLYWOOD through its Mayor, authorized to execute same by Commission action
on the _ day of , 2010.
Attest: (Seal)
1.41
CITY OF HOLLYWOOD, FLORIDA
BY:
Patricia A. Cerny, MMC Peter Bober, Mayor
City Clerk
Approved as to form and legality
For the use and reliance of the
City of Hollywood, Florida, only.
BY:
Jeffrey Sheffel, City Attorney
-25-
Words s#r-iekea are deletions, and words underlined are additions.
TOWN OF LAUDERDALE-BY-THE-SEA through its Mayor, authorized to execute same by
Commission action on the day of , 2010.
TOWN OF LAUDERDALE-BY-THE-SEA, FLORIDA
By:
ATTEST;
By:
JUNE WHITE, TOWN CLERK
APPROVED AS TO FORM:
ROSEANN MINNET, MAYOR
By:
SUSAN L. TREVARTHEN, TOWN ATTORNEY
-26-
Words str-ieken are deletions, and words underlined are additions.
CITY OF LAUDERDALE LAKES through its Mayor, authorized to execute same by Commission
action on the _ day of 2010.
CITY OF LAUDERDALE LAKES
By:
ATTEST:
By:
HAZELINE F. CARSON, CITY CLERK
Signed, sealed and delivered in
The presence of:
Witness Signature
Printed Name
Witness Signature
Printed Name
BARRINGTON A. RUSSELL, SR., MAYOR
-27-
Words sere are deletions, and words underlined are additions.
CITY OF LAUDERHILL through its City Manager, authorized to execute same by Commission
action on the _ day of 2010.
CITY OF LAUDERHILL, FLORIDA
By:
ATTEST
Charles Faranda, City Manager City Clerk, Andrea Anderson
APPROVED AS TO FORM:
By:
W. Earl Hall, City Attorney
(Seal)
- 28 -
Words s#v-ir-ken are deletions, and words underlined are additions.
CITY OF LAZY LAKE through its Mayor, authorized to execute same by Council action on the
day of 2010.
WITNESSES:
ATTEST:
By:
CITY OF LAZY LAKE
By:
Joe Fodera, Mayor -Commissioner
Day of 2010.
By:
City Clerk Joseph Lamberti, Village Clerk
Day of 2010.
APPROVED AS TO FORM:
as
City Attorney
-29-
Words s#vieken are deletions, and words underlined are additions.
CITY OF MARGATE through its Mayor, authorized to execute same by Commission action on
the _day of , 2010.
ATTEST:
LE
CITY OF MARGATE, FLORIDA
CITY CLERK LESLIE MAY ARTHUR BROSS, MAYOR
APPROVED AS TO FORM:
By:
EUGENE M. STEINFELD
CITY ATTORNEY
By:
FRANK PORCELLA
CITY MANAGER
-30-
Words strie-ken are deletions, and words underlined are additions.
CITY OF MIRAMAR through its Mayor, Lori C. Moseley, authorized to execute same by
Commission action on the _day of 2010.
WITNESSES:
ATTEST:
CITY OF MIRAMAR
BY:
Yvette M. McLeary,City Clerk Robert A. Payton,City Manager
(CORPORATE SEAL)
Day of 2010.
APPROVED AS TO FORM:
"'I
City Attorney
-31-
Words sere are deletions, and words underlined are additions.
CITY OF NORTH LAUDERDALE through its Mayor, authorized to execute same by
Commission action on the _day of , 2010.
ATTEST:
By:
CITY OF NORTH LAUDERDALE, a
Florida Municipal Corporation
By:
Ambreen Bhatty, City Manager
APPROVED AS TO FORM:
By:
Patricia Vancheri, City Clerk Samuel S. Goren, City Attorney
-32-
Words strie-ken are deletions, and words underlined are additions.
CITY OF OAKLAND PARK through its Mayor, authorized to execute same by Commission
action on the _ day of 2010.
CITY OF OAKLAND PARK
a Florida municipal corporation
By:
STEVE R. ARNST, MAYOR
ATTEST:
an
JANETTE M. SMITH, CMC, CITY CLERK
APPROVED AS TO FORM:
By:
DONALD J. DOODY, CITY ATTORNEY
-33-
Words strieken are deletions, and words underlined are additions.
CITY OF PARKLAND through its Mayor, authorized to execute same by Commission action on
the _ day of 2010.
WITNESSES:
By:
By:
ATTEST:
By:
City Clerk, Sandra Couzzo
(CORPORATE SEAL)
CITY OF PARKLAND
By:
MAYOR MICHAEL UDINE
Day of 2010.
By:
City Manager, Caryn Gardner Young
Day of 2010.
APPROVED AS TO FORM:
By:
City Attorney Andrew Maurodis
-34-
Words str-ieken are deletions, and words underlined are additions.
TOWN OF PEMBROKE PARK through its Mayor, authorized to execute same by Commission
action on the _ day of 2010.
ATTEST:
By:
Georgina Cohen
Clerk Commissioner
TOWN OF PEMBROKE PARK
By:
Emma Shoaff
Mayor -Commissioner
-35-
Words s#rieken are deletions, and words underlined are additions.
CITY OF PEMBROKE PINES through its Mayor, authorized to execute same by Commission
action on the _ day of 2010.
ATTEST:
By:
CITY OF PEMBROKE PINES, FLORIDA
By:
JUDITH NEUGENT, CITY CLERK MAYOR FRANK C. ORTIS
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
-36-
Words stern are deletions, and words underlined are additions.
CITY OF PLANTATION through its Mayor, authorized to execute same by Council action on the
day of 2010.
Signed, sealed and delivered in the presence of:
Attest
Susan Slattery, City Clerk
By:
Witness:
Typed Name of Witness
Witness:
Typed Name of Witness
CITY OF PLANTATION
Rae Carole Armstrong, Mayor
As to legal form:
By:
Donald J. Lunny, Jr.
City Attorney
-37-
Words stamen are deletions, and words underlined are additions.
CITY OF POMPANO BEACH through its Mayor, authorized to execute same by Commission
action on the _ day of 2010.
Witness: CITY OF POMPANO BEACH
By: By:
Signature
By: By:
Signature
Attest:
By:
MARY L. CHAMBERS
CITY CLERK
Approved As to Form:
By:
GORDON B. LINN
CITY ATTORNEY
Lamar Fisher, Mayor
(SEAL)
CITY MANAGER
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this day of 2010,
by as Mayor of the City of Pompano Beach, Florida, a municipal
corporation, on behalf of the municipal corporation, who is personally known to me.
NOTARY'S SEAL:
NOTARY PUBLIC, STATE OF FLORIDA
-38-
Words str-ieketa are deletions, and words underlined are additions.
TOWN OF SOUTHWEST RANCHES through its Mayor, authorized to execute same by Council
action on the _ day of 2010.
ATTEST:
By:
am
TOWN OF SOUTHWEST RANCHES, FLORIDA
By:
JEFF NELSON, MAYOR
CHARLES H. LYNN, TOWN ADMINISTRATOR
DEBRA DORE'-THOMAS, TOWN CLERK
APPROVED AS TO FORM AND CORRECTNESS
By:
GARY A. POLIAKOFF, TOWN ATTORNEY
-39-
Words stFickea are deletions, and words underlined are additions.
CITY OF SUNRISE through its Mayor, authorized to execute same by Commission action on the
day of 2010.
AUTHENTICATION:
Felicia M. Bravo, City Clerk
(SEAL)
Approved as to Form and Legal Sufficiency
Office of the City Attorney, Sunrise, Florida.
Stuart R. Michelson, City Attorney
10770 West Oakland Park Boulevard
Sunrise, FL 33351
Telephone: (954) 746-3300
W
Stuart R. Michelson
CITY OF SUNRISE, FLORIDA
BY:
Roger B. Wishner, Mayor
This _ day of 2010.
-40-
Words s#vieken are deletions, and words underlined are additions.
CITY OF TA RAC through its Mayor, authorized to execute same by Commission action on
the,2Lday of 2010.
T 7
ATTEST.-'
B _
Mariam s'wenson,
D`afe: r:.j )
CITY OF TAMARAC
By: 6D
Beth Flansbaum-Talabi , Mayor
Date: 01
�-
By: ;Z��/
Jeffre L. f4iller, City Manager
Date: oL d� U
Approved as to form and legal
Sufficiency:
B �KiJI l (1� C�( IiI 1-JN4,110
8am%el S. Goren, City Attorney
T
-41-
Words str-icken are deletions, and words underlined are additions.
CITY OF WESTON through its Mayor, authorized to execute same by Commission action on the
day of 2010.
ATTEST:
Patricia A. Bates, City Clerk
Approved as to form and legality
for the use of and reliance by the
City of Weston only:
BY:
CITY OF WESTON, through its
City Commission
By:
Ll."V
Eric M. Hersh, Mayor
day of 2010.
John R. Flint, City Manager
day of , 2010.
Jamie Alan Cole, City Attorney (CITY SEAL)
day of 2010.
-42-
Words s4ir-hen are deletions, and words underlined are additions.
CITY OF WEST PARK through its Mayor, authorized to execute same by Commission action on
the _day of 2010.
ATTEST:
Esther Coulson, City Clerk
Approved as to form and legality
for the use of and reliance by the
City of West Park only:
13'a
CITY OF WEST PARK, through its
City Commission
BY:
Eric H. Jones, Jr., Mayor
day of 2010.
Russell Benford, City Administrator
day of 2010.
Burnadette Norris -Weeks, City Attorney (CITY SEAL)
day of 2010.
- 43 -
Words stamen are deletions, and words underlined are additions.
CITY OF WILTON MANORS through its Mayor, authorized to execute same by Council action
on the _ day of 2010.
CITY OF WILTON MANORS, FLORIDA
By:
GARY RESNICK, MAYOR
ATTEST:
By:
APPROVED AS TO FORM:
By:
CITY CLERK KERRY EZROL,
CITY ATTORNEY
-44-
Words strie-ken are deletions, and words underlined are additions.