Submitted By: William E. Sexton, City Attorney
Presentation By: William E. Sexton
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Department: City Attorney
STAFF RECOMMENDATION (Motion Ready):
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Approval of and entry into an Interlocal Agreement for Collection and Distribution of Educational System Impact Fees between Marion County, the City of Ocala, and the School Board of Marion County
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OCALA’S RELEVANT STRATEGIC GOALS:
Operational Excellence
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
Following months of consideration, deliberation, and review and in accordance with a comprehensive study performed by an outside consultant (Benesch) and Chapter 163, Florida Statutes, the Marion County School Board (MCSB) requested that the Board of County Commissioners of Marion County, Florida (BOCC) adopt an ordinance imposing educational system impact fees in Marion County, Florida.
On or about March 5, 2024, based upon that request and following review of the Benesch study, further deliberation and negotiation with stakeholders including the City of Ocala, the BOCC adopted Ordinance 2024-06 which imposed an educations system impact fee for Marion County, Florida. Ordinance 2024-06, codified in Chapter 10, Article XV, Marion County Code of Ordinances, applied in both the unincorporated areas and the incorporated areas of Marion County, Florida and has an effective date of July 1, 2024.
Pursuant to Section 10-422(8), Marion County Code of Ordinances (and Ordinance 2024-06), the BOCC, MCSB and the City of Ocala now desire to enter into an interlocal agreement which outlines the specific terms and conditions of their relationship vis-à-vis the collection and distribution of the educational system impact fees collected in accordance with the aforementioned code provisions.
This interlocal agreement would supersede and replace the existing interlocal agreement between the BOCC, MCSB and the City of Ocala which remains in place from the previous implementation of an educational system impact fee by the BOCC.
This interlocal agreement authorizes the City of Ocala to assess an administrative fee for the collection, maintenance and distribution of the educational system impact fees collected in accordance with the aforementioned code provisions.
FINDINGS AND CONCLUSIONS:
The City Council of the City of Ocala, Florida finds, determines, and concludes that approval of and entry into an Interlocal Agreement for Collection and Distribution of Educational System Impact Fees between Marion County, the City of Ocala and the School Board of Marion County:
• Is intended to and does protect and promote the health, safety, and welfare of the citizens of the City of Ocala, Florida; and
• Is in the best interest of the City of Ocala, Florida, and its citizens.
FISCAL IMPACT:
There will likely be a minor fiscal impact related to the collection, maintenance, and distribution of the educational system impact fees collected in accordance with the aforementioned code provisions. Specifically, there will be staff resources needed to process and account for the fees collected by the City of Ocala and distributed to the MCSB.
Any such impact should be offset by the administrative fees assessed by the City of Ocala in accordance with the interlocal agreement.
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
The Interlocal Agreement for Collection and Distribution of Educational System Impact Fees between Marion County, the City of Ocala and the School Board of Marion County was prepared by Marion County and has been reviewed and approved as to form and legality by William E. Sexton, City Attorney.
ALTERNATIVE:
• Approve entry into Interlocal Agreement for Collection and Distribution of Educational System Impact Fees between Marion County, the City of Ocala and the School Board of Marion County with changes;
• Table for consideration at a later date; or
• Not approve entry into Interlocal Agreement for Collection and Distribution of Educational System Impact Fees between Marion County, the City of Ocala, and the School Board of Marion County