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PUBLIC EDUCATIONAL FACILITY SITING IIN PINELLAS COUNTY .' I I INTERLOCAL AGREEMENT FOR - PUBLIC EDUCATIONAL FACILITY SITING IN PINELLAS COUNTY This INTERLOCAL AGREEMENT is made and entered into this li.tlL- day of rf\c::L'LclI ,1997, by and between the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida (herein, the City of Clearwater) and the PINELLAS COUNTY SCHOOL BOARD (herein, the "School Board"). WHEREAS, it would be mutually beneficial for the City of Clearwater and the School Board to support efforts that facilitate coordination of planning for the location and development of public educational facilities; and WHEREAS, Section 235.193(1), Florida Statutes, requires coordination of planning between the school boards and local governing bodies to ensure that new or expanded public educaUonal facilities are facilitated and coordinated in time and place with plans for residential development, concurrently with other necessary services, and WHEREAS, Section 235.193(3), Florida Statutes, states that the location of public educational facilities shall be consistent with the comprehensive plan of the appropriate local governing body and the plan's implementing land development regulations, to the extent that the regulations are not in conflict with or the subject regulated is not specifically addressed by this chapter or the State Uniform Building Code, unless mutually agreed by the local government and the School Board, and WHEREAS, Section 163.3177(6)(a), Florida Statutes, was amended in 1995 by the Educational Facilities Siting Act (hereafter "the Act") to require that the Future Land Use Element of a local comprehensive plan identify the Future Land Use Plan map categories in which public educational facilities are an allowable use, and that all local comprehensive plans must comply with this requirement no later than October 1, 1996; and , WHEREAS, the Act identifies a specific process by which a local government would review a proposed public educational facility site' to determine whether it is consistent with the local comprehensive plan and land development regulations; and WHEREAS, Section 235.193(7), Florida Statutes allows a local government and the School Board to agree on an alternative review process; and WHEREAS, staff from the School Board, Pine lias County, several of the municipalities, and the Pine lias Planning Council have met on a regular basis over several months to develop locational review criteria that local governments can include 1 00., ,;:~'~, 1./-( 0 .,.- ,>'-4.:'" \, .I "" '"'j \ ~"' t) I I in their Future Land Use Element as a common basis for determining whether a proposed site i. consistent with. local government's comprehensive plan; and WHEREAS, this staff group also developed an alternative review process that can be use on a countywide basis and that is more representative of local procedures than the one outlined in the Act; and WHEREAS, both the City of Clearwater and the School Board have considered the locational review criteria and alternative review process; and WHEREAS, the City of Clearwater has amended the Future Land Use Element of the Comprehensive Plan to incorporate the provisions of Exhibit 2, that will serve as the basis for determining whether a proposed public educational facility site is consistent with the Comprehensive Plan's Future Land Use Element policies and categories in which such facilities are identified as allowable uses. NOW, THEREFORE. in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the City of Clearwater and the School Board agree as follows: Section 1. Authority. This Interlocal Agreement is entered into pursuant to the general authority of Section 163.01, Florida Statutes, relating to interlocal agreements. Section 2. Purpose. The purposes of this agreement are to provide an alternative process and locational aiteria for reviewing a proposed public educational facility and site plan, and ottsite impacts as provided in Section 235.193(7), Florida Statutes, and to recognize the mutual benefits derived from the coordination of planning between the School Board and the City of Clearwater. Section 3. Alternative Review Process Established. (a) The City of Clearwater and the School Board agree to use the alternative review process depicted as Option A in Exhibit 1 hereto. Where Option A is the selected review process, the City of Clearwater has chosen the process for local government approval. It is the intent that a final determination of consistency be made by the local government within the 60 day time frame identified in Exhibit 1, unless an extension is agreed to by both parties. Section 4. locational Criteria. (a) The School Board and the City of Clearwater agree to use the objective and policies identified in Exhibit 2 of this Interlocal Agreement when selecting potential educational facility sites and when reviewing a potential site during the review process as set forth in Exhibit 1. 2 I I Section 5. Modifications. Should either the City of Clearwater or the School Board desire to modify either the alternative review procesl depicted In Exhibit 1, or the Iocatlonal review criteria identified in Exhibit 2, they shall notify in writing their intent to the other party, those other local governments that have entered into a similar Interlocal ' agreement with the School Board, and the Pine lias Planning Council. For the City of Clearwater, such notice shall occur at least one month before the initial hearing of any proposed amendments by the City of Clearwater local planning agency. Section 6. Notice. Notice by either party to the other pursuant to this Interlocal Agreement shall be given in writing and hand-delivered or mailed as follows: If to the City of Clearwater. City Manager P.O. Box 4748 Clearwater, FL 34618-4748 If to the School Board: School Superintendent P.O. Box 2942 Largo, FL 34649-2942 Section 7. Construction. This Interlocal Agreement shall be construed as an expression of inter-agency cooperation enabling each party the most efficient use of its powers in furtherance of the objectives of the Educational Facilities Act and the Growth Management Act. However, this Interlocal Agreement shall not be construed as delegating or authorizing the delegation of the constitutional or statutory duties of either party to the other. Section 8. Termination. Either party may terminate this Interlocal Agreement upon 30 days notice to the other. Upon termination, the City of Clearwater and the School Board would use the review process identified in Section 235.193, Florida Statutes, unless and until the two agencies are able to agree and establish another alternative review process. Section 9. Filina: Effective Date. As required by Section 163.01 (11), Florida Statutes, this Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County, after execution by the parties, and shall take effect upon the date of filing. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date set forth above. Attest: o ~[-lL ~~ ,ctJik tYij't a E. Goudeau Approved as to Form: By: '-{"Cf!' 1/. Leslie Dougall-Si e Assistant City Attorney CITY OF CLEARWATER, FLORIDA by and through its City Co mission By: --- 3 .' . I Countersigned: By: ~h -;;..~ Corrina Freeman, ,Chairperson · rMAR 1 1 1991 tJFonn - IrUrtoc8I AgtMrnenI I PINElLAS COUNTY SCHOOL BOARD, FLORIDA 'ntendent ..