INTERLOCAL AGREEMENT RE COORDINATION OF PLANNING
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INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into as of the~~ay of
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municipal corporation (herein, the "City"). and the SCHOOL BOARD OF PINELLAS
COUNTY (herein, the "Board").
WHEREAS, Section 235.193, Florida Statutes, provides for the coordination
of planning between the school boards.and the local governing bodies of the state
to ensure that plans for the construction and opening of public educational
facilities are coordinated in time and place with plans for residential
development, concurrently with other necessary services; and
WHEREAS, Sect i on 235.193, Flori da Statutes, further provi des for the rev iew
of proposed educational facilities and their site plans by local governing bodies
which regulate the use of land in order to permit a determination of consistency
with the local comprehensive plan and.local land development regulations, and to
permit a review of a site plan to determine its adequacy as it relates to
environmental concerns, health, safety and welfare, offsite impact, and effects
on adjacent properties; and
WHEREAS, Section 235.26, Florida Statutes, provides that publ ic educational
and ancillary plants constructed by a school board shall be constructed in
accordance with a uniform statewide building code adopted by the State Board of
Education, and that such plants are exempt from other state, county, municipal
or other building codes, interpretations, building permits and certain fees; and
WHEREAS, the City, by virtue of the grant of home rule powers under the
Florida Constitution and Chapter 166, Florida Statutes, and the authority to
regulate the development.of land within the total area under the jurisdiction of
the City pursuant to Part II of Chapter 163, Florida Statutes, possesses the
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power to regulate the development of land by developers, including governmental
agencies, consistent with the comprehensive plan of the City and land development
regulations adopted pursuant thereto; and
WHEREAS, the City and the Board are uncertain as to their legal rights
under a strict reading of the applicable statutes, but desire to establish by
agreement an administrative procedure by which the construction of, and
improvements to, the educational plants and facilities of the Board located
within the corporate limits of the City may be reviewed for compliance with
applicable plans and ordinances .of fhe- City as provided-in this agreement,
without either party giving up or compromising such rights as each party may
have, which are expressly reserved; now, therefore,
IN CONSIDERATION of the mutual promises and covenants by each party to the
other as contained herein, and the mutual desire to establ ish an amicable
cooperative procedure by which each party may accomplish its goals without
prejudice to the rights and duties of the other party, which consideration is
acknowledge to be sufficient, the parties agree as follows:
1. This agreement shall apply to the following kinds of land development
activities by the Board on Board property within the corporate 1 imits of the.
City:
Construction of new school facilities;
Expansion of existing school facilities;
Changes to internal site access design (for example, relocation of
parking facilities or internal driveway design changes);
Removal of one or more trees or other changes to the landscaping, if
such tree removal or landscaping changes would otherwise require a
permit from the City according to the City Code, or the construction
or installation of improvements for which landscaping is required by
City ordinance;
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Adjustments to sidewalks, curbing, and curb cuts (street access
points) in public rights-of-way adjacent to Board propertYi
Adjustments to access routes for publ ic service and emergency
vehicles including 'but limited to police, fire, emergency medical,
and solid waste collection vehiclesi_ and
Erection and physical alteratioriof signs, if such would otherwise
require a permit from the City according to the City Code.
2. The Board agrees to fi Ie with the City, to the attent ion of the
Director of Central Permitting, a notice of intent at least 30 days prior to
bi dd ing the award of an educat iona I facil ity, except temporary re locatab Ie
educational facilities. The notice of intent shall include a description of the
proposed educational facility, proposed location or locations, capacity of the
facility, and anticipated completion date. The City agrees to determine, within
30 days after receiving the necessary documents, whether the proposed educational
facility and site plan, and the off-site impacts, are' consistent with the
comprehensive plan and land development regulations of the City, as follows:
(a) The Board agrees to submit schematic plans, during the schematic
. design phase for any of the land development activities described in Paragraph
1 above, to the City, to the attention of the Director of Central Permitting, for
review and comment.
(b) Upon receipt of the schematic plans, t~e City shall review the
schematic plans and, within 30 days after receiving the plans, express any
concerns or suggestions to the Board, to the attention of the Director of
Facilities Planning and Construction or the Director of Maintenance, as
designated by the Board for a particular project.
(c) The Board agrees, during the construction document phase and prior
to any construction, to submit construction phase site plans (13 sets), including
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but not limited to landscaping plans and such other plans as may be reasonably
related to areas of concern covered by this Agreement, to the City, to the
attention of the Director of Central Permitting, for review and comment by the
City's Development Review Committee.
(d) Upon receipt of the construction phase site plans, the City by and
through its Development Review Committee shall review the schematic plans and,
within 30 days after receiving the plans, express any concerns or suggestions to
the Board, to the attention of the Director of Facilities Planning and
-Construction or the-Director of Maintenance, as designated by the Board for a
particular project. The City shall not at this phase of an individual project
. express any concerns or suggestions that were not previously expressed, but were
apparent from earlier submittals.
(e) If and to the extent that material changes are made to the schematic
plans or construction phase site plans after they have been submitted to the City
for review, the Board will give the City notice of such changes and a reasonable
opportunity to express its concerns or suggestions to the Board, to the attention
of the school system officer or employee designated by the Board for the project.
3. Such concerns or suggestions by the City shall be expressed in the form
of requested adjustments to the schematic plans or construction plans, and shall
be accompanied by an explanation of the reasons for such requested adjustments.
(a) The requested adjustments may relate to specific requirements of the
City as set forth in the comprehensive plan of the City or as otherwise adopted
by ordinance or resolution of the City Commission, or to reasonable land use
planning considerations of the kind which are customarily taken into account with
respect to other properties similarly situated. The requested adjustments may,
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for example and without 1 imit ing the generality of the foregoing, relate to
compatibility of proposed uses with the present and projected uses of property
adjacent to the site, present and projected traffic and road capacities in the
vicinity of the site, drainage and retention of stormwater, present and potential
hazardous conditions on the site or in the vicinity of the proposed site, the
availability of municipal services to the site, consistency with the capital
imprpvements element and other elements of the comprehensive plan of the City,
and the effects of the proposed activity upon the environment and the public
health and safety, both on the site and off-site. __
(b) The requested adjustments may relate to matters covered by the State
Uniform Building Code for Public Educational Facilities Construction, adopted by
the State Board of Education for planning and construction of public educational
and ancillary plants, to the extent that the City may wish to express a comment
or concern relating to an environmental or public health and safety issue, with
the understanding that any such expression of comments or concerns are advisory
to the Board. The requested comments shall not relate solely to the needs of the
educational faciJ ity. This agreement shall not be construed as delegating to the
City decision-making authority relating to matters which are expressly exempt
from. local building codes and interpretations.
4. The Board agrees to review the concerns expressed by the City's
Director of Central Permitting or Development Review Committee and respond by
taking one or more of the following actions:
(a) By complying with the req~ested adjustment; or
(b) By explaining that the requested adjustment cannot or will not be
made, or that a different adjustment will be made, and the reasons for that
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decision,
5, The City and the Board agree that issues identified by the concerns or
suggest ions of the City which cannot be reso I ved wi 11 be submitted to the
Superintendent of Schools and the City Manager of the City for their personal
review and resolution,
6. If an issue cannot be resolved by the Superintendent of Schools and the
City Manager of the City, then the School Board and the City Commission shall I
meet jointly for the purpose of discussing the matter-arid to negotiate a mutually
satisfactory resolution. Each party expresses its desire and intention that its
respective employees shall work cooperatively with the employees of the other
party to assure that every reasonable effort has been made to resolve such issues
before any such joint meeting is requested.
], Upon completion of a land development activity of a kind described in
Paragraph 1 above, the Board will furnish to the City one copy of the final "as-
built" site plan, landscape plan, utility plan, drainage plan and engineering
plan for the activity.
.8. The parties agree that nothing herein shall be construed as a waiver
of either party's rights under Florida law, specifically the Board's right to
assert that it is exempt from land Use ordinances or land development regulations
of the City or the City's right to assert that it is authorized to regulate the
development of land within the jurisdiction of the City. Neither this agreement
nor any decision made by either party pursuant to this agreement shall be deemed
to estop either party from asserting its rights under Florida
law. This agreement shall be construed as being in the nature of an amicable
settlement of disputed claims and a good-faith effort to establish a procedure
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for the resolution of disputes without resort to litigation, but without either
party giving up or compromising such rights as each party may have.
9. Neither party shall charge the other party any fee for any service
rendered by either party under this Agreement, and each party shall bear its own
costs and expenses in implementing the provisions of this Agreement.
10. This Interlocal Agreement shall have an initial term of five years,
and shall thereafter be automatically renewed for successive additional terms of
five years each unless and until either party gives to the other party a notice
of- intent to terminate or intent -not to renew this Agreement.
11. Notice by either party to the other shall be deemed given when
reduced to writing and hand-del ivered to the other party or when deposited in the
U.S. postal system, postage paid, delivered or addressed as follows:
For notice to the Board:
School Board of Pinellas County, Florida
ATTN: J. Howard Hinesley, Superintendent
301 Fourth Street S.W.
Largo, Florida 34649
For notice to the City:
City of Clearwater
ATTN: Elizabeth M. Deptula, City Manager
112 South Osceola Avenue [for hand deliveries only]
Post Office Box 4748 [for notice by mail]
Clearwater, Florida 34619
or to such other officer or address as either party may designate in writing to
the other during the term of this Agreement.
12. This Interlocal-Agreement shall take effect upon the approval of the
Agreement by the Board and the City, the execution thereof in three original
counterparts by the officers of the Board and the City authorized to execute
agreements on their behalf, and the filing of the Agreement with the Clerk of the
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Circuit Court of Pinellas County, Florida.
IN WITNESS WHEREOF, the parties have executed this Interlocal Agreement as
of the day and year first above written.
.ta Garvey
Mayor-Commissioner
Approved as to form and
legal sufficiency:
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Pamela K. Akin
City Attorney
Approved as to form and
al sufficiency:
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CITY OF CLEARWATER, FLORIDA
By:
eptula
Attest:
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Cynthla E, Goudeau
City lerk
THE SCHOOL BOARD OF PINELLAS
COUNTY, FLOR IDA
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C airman .
Attest:
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