Fort Walton Beach Ordinance — 1757 Public School Facilities Element — reading text

CINDY ES ATTORNEY TO THE BOARD C. JEFFREY McINNIS lip ;. D CHUCK KELLEY CATHY THIGPEN u: 4 • RODNEY L. WALKER FE& 2 6 2007 February 19, 2007 Joyce Shannahan, City Manager City of Fort Walton Beach 107 S. W. Miracle Strip Pkwy. Fort Walton Beach, FL 32548 Dear Ms. Shannahan: As you know, the Okaloosa County School District has been working together with the Board of County Commissioners and your municipality for some months now in preparing a new Interlocal Agreement for public school planning that is required under the provisions of Senate Bill 360. It is my understanding that the preliminary draft of that Interlocal Agreement was provided to your staff by Dr. Bill Smith of the Okaloosa County Growth Management Department and that any comments that were received by Dr. Smith' s office regarding that draft were incorporated into the final version of the Agreement. There were additional changes made to the Agreement by our District' s staff and the County Planning staff which we believe provided clearer language in several sections to more accurately set forth the intention of the parties and the legal standards. I am forwarding to you a complete copy of the Interlocal Agreement that has now been approved by both the Okaloosa County School Board and the Okaloosa County Board of County Commissioners. This copy has been signed by the respective Chairman of both Boards. I am also enclosing an original signature page for your municipality to use in its approval process. We would very much appreciate your elected legislative body taking up the Interlocal Agreement and considering it for approval as soon as possible. Okaloosa County is on the state DCA' s schedule for required completion of this Agreement in 2008. In an effort to allow sufficient time for all of the municipalities within our county to follow their respective review and adoption procedures, we wanted to get this Agreement out as soon as possible. It is our understanding that your municipality should adopt this Interlocal Agreement by ordinance. The next step is then to adopt a Public School' s Facilities Element as an amendment to your Comprehensive Plan through the required review and approval process. ADMINISTRATIVE COMPLEX- 120 LOWERY PLACE S. E.- FORT WALTON BEACH, FLORIDA 32548 TELEPHONE( 850) 833- 3100 FAX( 850) 833- 3436 CARVER HILL-461 W. SCHOOL AVE.-CRESTVIEW, FLORIDA 32536 TELEPHONE( 850) 689- 7300 FAX( 850) 683- 7696  As you will see the Interlocal Agreement has been drafted so that it becomes effective in each municipal jurisdiction upon the final approval and adoption ofthe Public School Facilities Element to your Comprehensive Plan. Additionally, it is our understanding through officials with the DCA, that you will also need to modify your current Capital Improvements Element and your Intergovernmental Coordination Element to address public school concurrency and development for the future. Our School District Facilities Division can assist you with information and documentation regarding the School Board' s Five Year Capital Plan which may be helpful to you as a Amendment to the Capital Improvements Element of your Comprehensive Plan. That information can be obtained by contacting Mr. Tommy Kranz at 301- 3024. Once your legislative body has approved the ordinance adopting the Interlocal Agreement, we would ask that you sign the original signature page that we have enclosed for your use and return that directly to our School Board' s attorney' s office so that he may compile all ofthe signature pages into one master document. For your purposes, you may also want to have your Mayor execute the enclosed Chairman copythat that already contains signatures of both the School Board and County Commission so you will have that completed copy for your use and files. Our School Board Attorney is Mr. JeffMcInnis and his office address is 909 Mar Walt Drive, Suite 1014, Fort Walton Beach, FL 32547. If you should have any questions or if we can provide assistance in this process, please do not hesitate to contact Mr. McInnis directly at his offices. His phone number is( 850) 863- 4064. school We look forward to working with your municipality as we plan and construct new Public facilities in the future. Thank you very much for your continued support of the Okaloosa County School District. Sincerely, Alexis : •- s, Ed.D. Superintendent AT/jwe Enclosure cc: Dr. Bill Smith Mr. Tommy Kranz  RESOLUTION 2007- 03 A RESOLUTION OF THE CIITY OF FORT WALTON BEACH,FLORIDA, ADOPTING THE INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, section 163. 31777, Florida Statutes ( 2006), requires the City and the Okaloosa County School District to enter into and abide by an interlocal agreement regarding school concurrency, intergovernmental cooperation, and planning for capital improvements; WHEREAS, the Interlocal Agreement for Public School Facility Planning has been drafted by the Okaloosa County School. Board and proposed to the City for adoption; WHEREAS, the Interlocal Agreement for Public School Facility Planning will satisfy initial requirements of state law; it is THEREFORE RESOLVED BY THE CITY OF FORT WALTON BEACH: Section 1. The Interlocal Agreement for Public School Facility Planning as attached to this resolution is hereby adopted by the City Council of the City of Fort Walton Beach. Council. Section 2. This Resolution shall take effect immediately upon passage by the City Adopted: a 7 March 2007 4441Lieib Mike Anderson, Mayor Attest: • Approved as to form and legal sufficiency: By. p By: i1. K.. . I f. P. Helen Spencer, ity Clerk Toni L. Craig, City .. rney  INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING THIS AGREEMENT is entered into between the Okaloosa County Board of County Commissioners ( hereinafter referred to as " County"), and the City Councils of the Cities of Crestview, Destin, Fort Walton Beach, Laurel Hill, Mary Esther, Niceville, Valparaiso, and the Town Councils of the Towns of Cinco Bayou, and Shalimar,( hereinafter collectively referred to as Municipalities"), and the School Board of Okaloosa County ( hereinafter referred to as " School Board"). WHEREAS, the County, Municipalities and the School Board recognize their mutual obligation and responsibility for the education, nurture and general well-being ofthe children within their community; and WHEREAS, the County, Municipalities, and School Board recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely( 1) better coordination of new schools in time and place with land development,( 2) greater efficiency for the school board and local governments by placing schools to take advantage of existing and planned roads, water, sewer, storm water and parks, ( 3) improved student access and safety by coordinating the construction of new and expanded schools with the road and sidewalk construction programs of the local governments,( 4) better defined urban form by locating and designing schools to serve as community focal points, ( 5) greater efficiency and convenience by co- locating schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use opportunities, and ( 6) reduction of pressures contributing to urban sprawl and support of existing neighborhoods by Page 1 of 35 lor  appropriately locating new schools and expanding and renovating existing schools; and WHEREAS, Sections 163. 31777 and 1013. 33, Florida Statutes, require each county and the non- exempt municipalities within that county to enter into an interlocal agreement with the district school board 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; and WHEREAS, Section 163. 3180 ( 13), F. S., requires the County and School Board to implement a school concurrency program; and WHEREAS, Sections 163. 31777 and 163. 3180( g), F.S., sets forth the school concurrency requirements that must be implemented through interlocal coordination between the County and the School Board; and WHEREAS, the 2005 Florida Legislature adopted Senate Bill 360 which, in relevant part, required that all school interlocal agreements be updated to reflect a new statutory mandate to implement school concurrency; and WHEREAS, the School Board has the statutory and constitutional responsibility to provide a uniform system of free and adequate public schools on a countywide basis; and WHEREAS, the County has jurisdiction for land use and growth management decisions within its unincorporated boundaries, including the authority to approve or deny comprehensive plan amendments, rezonings, and other development orders that generate students and impact the school system, and the Municipalities have similar jurisdiction within their boundaries; and WHEREAS, the School Board, the County, and the Municipalities enter into this agreement in fulfillment of that statutory requirement and in recognition of the benefits accruing to their citizens and students described above. Page 2 of 35  t. 1111 _ NOW THEREFORE, be it mutuallyY agreed 1 between the School Board, the Board ofCounty