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

meeting. school construction may commence and further local government approvals are not required. Section 8. LOCAL PLANNING AGENCY,COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS 8. 1 0.. The County and Municipalities will include a nonvoting representative appointed by the School Board on the local planning agencies, or equivalent agencies, to attend or provide comments at those meetings at which the agencies consider comprehensive plan amendments and rezonings that would, ifapproved, increase residential density on the property that is the subject of the application. The Municipalities and County may, at their discretion, grant voting status to the school board member. 8. 2 The School Board will receive local planning agency agendas and appropriate backup materials from all local governments and will review and comments as appropriate. 8. 3 The County and the Municipalities agree to give the School Board notification of comprehensive plan amendments, rezonings, site plans, final subdivision approvals or plats, preliminary plats, and development proposals pending before them that may affect student Page 19 of 35  enrollment at least thirty (30) days before the approval of such proposals. Within 30 ( thirty) days after notification by the local government, the School Board will advise the local government ofthe school enrollment impacts anticipated to result from the proposed land use application or development proposal, and whether sufficient capacity exists or is planned at the affected schools to accommodate the impacts. This evaluation process shall be expressed in terms of the adopted level of service and coordinated with the applicable concurrency management system. School capacity will be reported consistent with the Florida Inventory of School Houses ( FISH). The School Board shall address how capacity has been maximized in the affected concurrency service area. If the proposal results in a failure of level ofservice, and capacity is available in a contiguous concurrency service area, then the School Board shall specify how impacts may or may not be shifted to a contiguous concurrency service area. 8. 4 Ifsufficient capacity is not available or planned to serve the development at the time 0. of impact, the School Board will specify how it proposes to meet the anticipated student enrollment demand; alternatively, the School Board, local government, and developer will collaborate to find whether there are means to ensure sufficient capacity will exist to accommodate the development, such as, proportionate share mitigation, developer contributions, project phasing, or developer provided facility improvements. Section 9. CO- LOCATION AND SHARED USE. 9. 1 Co- location and shared use of facilities are important to both the School Board and local governments. The School Board will look for opportunities to co- locate and share use of school facilities and civic facilities when preparing the District Educational Facilities Plan. Likewise, co- location and shared use opportunities will be considered by the local governments when preparing Page 20 of 35  the annual update to the comprehensive plan's schedule ofcapital improvements and when planning P and designing new, or renovating existing, community facilities. Opportunities for co-location and shared use with public schools will be considered for: a) libraries, b) parks and recreation facilities, c) community centers, d) auditoriums and performing arts centers, e) learning centers, f) museums, g) stadiums, and h) emergency shelters. In addition, co- location and shared use ofschool and governmental facilities for health care and social services will be considered. 9. 2 A separate agreement will be developed for each instance ofco-location and shared use which addresses legal liability, operating, and maintenance costs, scheduling ofuse, and facility supervision or any other issues that may arise from co- location and shared use. Section 10. RESOLUTION OF DISPUTES 10. 1 Ifthe parties to this agreement are unable to resolve any issue in which they may be in disagreement covered in this agreement, such dispute will be resolved in accordance with governmental conflict resolution procedures specified in Chapter 164 or. 186, Florida Statutes. 10. 2 The parties hereby acknowledge and agree that it is not the intent ofany party to this Page 21 of 35  agreement to confer any rights on any person or entities other than the p artie s to this agreement. No person or entity not a party to this agreement shall have any claim or cause ofaction against either the County, the Municipalities or the School Board for the failure of any party to perform in accordance with the provisions of this Agreement. Section 11. OVERSIGHT PROCESS. The School Board, the County and each ofthe Municipalities shall appoint a citizen member to serve on an oversight committee to monitor implementation of the interlocal agreement. Members serve at the will ofthe appointingbody, and may be removed with orwithout cause bythe appointing body. The committee shall report to participating local governments, the School Board and the general public on the effectiveness with which the interlocal agreement is being implemented. Section 12. AMENDMENT AND TERMINATION OF AGREEMENT. This agreement a may be amended by mutual adoption by all parties, at the yearly joint meeting or as the situation warrants. Any party may elect to withdraw from participation in this agreement upon official action of its governing body and after 30 days written notice to all other parties to this agreement. In such a case, the withdrawing party and the School Board may be subject to sanctions from the Administration Commission and the Department ofEducation unless they enter into a separate agreement within thirty ( 30) days that satisfies all the relevant requirements ofthe Florida Statutes. Any separate agreement must be consistent with the uniform district wide school concurrency system. Section 13. NOTICE. All notices or other communications provided for by this amended interlocal agreement shall Page 22 of 35 g be made in writing and shall be deemed properly delivered when delivered( I) personally,( ii) by the facsimile transmission of such notice to the party entitled thereto, provided the sending party receives electronic confirmation thereof, or( iii) by the mailing of such notice to the parties entitled thereto, registered or certified mail, postage prepaid to the parties at the following addresses( or to such address designated in writing by one party to the other): If to the School Board: Superintendent Okaloosa County Public Schools 120 Lowery Place SE Fort Walton Beach, FL, 32548 Fax: ( 850) 833- 6384 Phone: ( 850) 833- 3100 If to the County County Administrator Okaloosa County 1804 Lewis Turner Boulevard Fort Walton Beach, FL 32547 Fax: ( 850) 651- 7551 Phone: ( 850) 651- 7515 Page 23 of 35  If to the Municipalities: Nell Webb, Town Clerk Shirley Simmons, City Clerk Town of Cinco Bayou City of Laurel Hill 10 Yacht Club Drive P. O. Box 158 Fort Beach, FL 32548 Laurel Hill, FL 32567- 0158 Fax: ( 850) 833- 4160 Fax: ( 850) 652- 4492 Phone: ( 850) 833- 3405 Phone: ( 850) 652- 4441 Janice Young, City Clerk John Lulue, City Clerk City of Crestview City of Mary Esther P. O. Box 1209 195 Christobal Road, N. 198 North Wilson Mary Esther, FL 32569 Crestview, FL 32536 Fax: ( 850) 243- 0736 Fax: ( 850) 682- 8077 Phone: ( 850)243- 3566 Phone: ( 850) 682- 1560 Tom Burns, Town Manager Greg Kisela, City Manager Town of Shalimar Wanda Cruttenden City of Destin 2 Cherokee Road City of Niceville Shalimar, FL 32579- 1287 420 Two Trees Road 208 N. Partin Drive Destin, FL 32541 Fax: ( 850) 651- 3337 Niceville, Fl 32578 Fax: ( 850) 650 - 9250 Phone: ( 850) 651- 5723 Fax: ( 850)- 729- 4013 Phone: ( 850) 837- 4242 Phone: ( 850) 729- 4008 Lisa Algriere, City Joyce Shannahan, City Administrator Manager City of Valparaiso City of Fort Walton Beach 465 Valparaiso Parkway 107 S. W. Miracle Strip Pkwy. Valparaiso, FL 32580 Fort Walton Beach, FL 32548 Fax: ( 850) 678- 4553 Fax: ( 850)- 833- Phone: ( 850) 729- 5402 Phone: ( 850) 833- 9504 Section 14. Counterparts. This 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. This Agreement shall become binding in each jurisdictional area when one or more counterparts have been signed by the authorized officials of that jurisdiction and the School Board but shall be effective for all purposes as of the date upon which each jurisdiction adopts its comprehensive plan amendment for school concurrency. Page 24 of 35  IN WITNESS WHEREOF, this Interlocal