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HomeMy WebLinkAboutAgenda 09-07-1993 - VIII-B 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 7 , 1993 Agenda Abstract Item # ViIL-13 SUBJECT: DRAFT INTERLOCAL COLLECTION AGREEMENT FOR ORANGE COUNTY EDUCATIONAL FACILITIES IMPACT FEES DEPARTMENT: Planning PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Draft Agreement Planning Director X2592 County Attorney 919/732-2196 PHONE NUMBERS: Hillsborough 732-8181 Mebane 227-2031 Durham 688-7331 Chapel Hill 967-9251 PURPOSE: To consider a draft interlocal agreement between Orange County and the municipalities of Chapel Hill, Carrboro, and Mebane which provides for the collection of educational facilities impact fees by those municipalities. BACKGROUND: On June 7, 1993 , the Board of Commissioners adopted the Orange County Educational Facilities Impact Fee Ordinance. The ordinance became effective on July 1, 1993 and applies, with certain exceptions, only to residential dwelling units for which building permits are issued on or after that date. Section 5.B. , Responsibility for Fee Collection, provides for the collection of fees through an interlocal agreement between Orange County and a municipality located therein. Where such an interlocal agreement is in effect, the municipality must remit the fees to Orange County as provided in the agreement, including a report of the amount of funds collected and the benefit area from which the fees were collected. Upon receipt, the County shall deposit the fees in the appropriate trust fund. The County Attorney has completed a draft interlocal collection agreement between Orange County and the municipalities of Chapel Hill, Carrboro, and Mebane which provides for the collection of educational facilities impact fees by those municipalities [copy 2 attached] . The draft agreement is based in part on discussions with municipal representatives and is being presented for the Board's review. RECOMMENDATION: The Administration recommends that the Board of Commissioners approve in principle the draft impact fee collection agreement and authorize the Administration to forward the draft agreement to the municipalities for consideration. 7- 73 4/P-) NORTH CAROLINA ORANGE COUNTY IMPACT FEE COLLECTION INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into this 26th day of January, 1994 , among Orange County, a political subdivision of the State of North Carolina, hereinafter referred to as the County, the Town of Chapel Hill and the Town of Carrboro, all municipal corporations duly created and existing under the laws of North Carolina, hereinafter referred to as the Towns . W I T N E S S E T H: WHEREAS, on June 7 , 1993 the Orange County Board of Commissioners adopted the ORANGE COUNTY EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE which ordinance imposes an impact fee for educational facilities on all new residential dwelling units in all of Orange County, including those within the municipalities of Orange County; and WHEREAS, it is in the best interest of all of the citizens of the County for those responsible for the payment of the impact fee to be able to pay the fee at the place where a certificate of occupancy for a new dwelling is issued; and WHEREAS, certificates of occupancy are issued, in the case of Chapel Hill, .Carrboro and Mebane, by those Towns . NOW, THEREFORE, the County and the Towns agree as follows : 1 . The Towns agree to collect the Orange County impact fee at the rate per dwelling unit as may be established by the County by ordinance from time to time . 1 2 . The impact fee collected by the Towns will be collected by the Town at a time no later than the time it issues its certificate of occupancy for the dwelling unit. The Towns agree not to issue a certificate of occupancy for any dwelling unit for which an impact fee must be paid until the impact fee is collected. 3 . When an impact fee is collected, a receipt for payment shall be delivered to the person obtaining a certificate of occupancy and a copy of the receipt shall be delivered to the County along with the impact fee collected by the Town. 4 . All impact fees collected by the Towns pursuant to this agreement shall be delivered quarterly to the County along with the receipts for collection. The first such delivery of funds shall occur on or before March 31, 1994 with delivery thereafter being made on each 30th of June, 30th of September, 31st of December and 31st of March so long as this impact fee collection agreement is in effect . The Towns also agree to provide the County with periodic reports, in foim and substance as deteijuined by the County and the Towns , regarding the type of dwelling unit and the number of bedrooms therein for which impact fees have been paid. 5 . This agreement may be terminated at the conclusion of any fiscal year by the agreement of all of the member governmental units . Any governmental unit may withdraw from this agreement at the conclusion of any fiscal year by giving each other unit of government that is a party to this agreement six months written notice of its decision to do so. 2 6 . This agreement shall become effective when properly executed by all parties pursuant to resolutions adopted by the governing boards of each. It shall also become effective as to the County and any of the Towns upon the agreement being executed by the County and any Town pursuant to resolutions adopted by the governing boards of each. The parties hereto have caused this agreement to be executed in accordance with resolutions of their respective governing bodies . ORANGE COUNTY, NORTH -.'OLINA By: 19 '. /' Mo-'s C'rey, ' Jr. , Chai ATTE A0e / -/ // / (SEAL) •r .. ate/ IJ� �/' :everly Blythe, ' lerk to the Board of Commissioners This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. i / ` Kenne h T. Chavious Orange County Finance Officer TOWN OF CHAPEL HILL A) 62/4/07; ;47 W. Calvin Horton Town Manager ATTEST: 3 This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. To $ of Chapel Hill Finance Officer TOWN OF CARRBORO o 'n7�/Q OQ otr Rober Morgan (J To . Manager T: 1911 Ep fi This instrument has been i reaudited p in the manner required by the Local Government Budget and Fiscal Control Act. Town of Carrboro Finance Officer 4 AW7 9- 7_, 5 ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. Moses Carey,Jr. 27278 Alice M, Gordon 732-8181 Stephen H. Halkiotis 688-7331 Verla C. lnsko -. �" t 9 � a s 688-7331 Don Willhoit - 227-2031 644-3004 (Fax) MEMORANDUM 11 IL'\ >`., ; TO: Marvin Collins FROM: Beverly A. Blythe DATE: October 19 , 1993 RE: REQUEST FOR COPY OF CONTRACT OR AGREEMENT APPROVED BY BOCC My records indicate that the contract/agreement as stated below was approved by the BOCC at their meeting held on 9/7/93 . Will you please send me three copies of this document with all required signatures including budget and finance, if necessary, and I will have them signed by Chair Carey. If you send -me instructions, I will be glad to distribute these documents for you. Thank you for helping me obtain all the contracts/agreements that are necessary for my permanent agenda file. DOCUMENT: Draft Interlocal Collection Agreement for Orange County Educational Facilities Impact Fees - will this document be signed or will it come back to the board again before being signed? Thank you ?),„120Ajt clr1:1); OY:d/0-0e. 5`._ti,+°61 -t("v\//4,-9):1) . ,..); „3,eyip).,9411,-,,49")46- ,r,g9sr., 1/0„1.0b/ e/t),Ju- v6e) YOU COUNT IN ORANGE COUNTY I �~ itaAr ORANGE COUNTY HILLSBOROI. (;i3 NC)RT3i ('ARO3.3VA f i17gtf�r c rtalr�lir/i&.(i 17-. October 18, 1993 Mr. Robert Wilson, City Manager City of Mebane 106 East Washington Street Mebane, North Carolina 27302 Dear Robert: RE: Public School Impact Fees - Proposed Interlocal Agreement As you may recall'from`our July 26, 1993 meeting, part of the discussion focused on the collection of impact fees. Section 5.B. of the Educational Facilities Impact Fee Ordinance provides for such collection to be by Orange County or through interlocal agreement between the County and the individual municipalities. As you may also remember, one of the points of concern was whether to provide a means for citizens to pay the impact fee on the local level rather than driving all the way to Hillsborough to the Planning & Inspections Department. On September 7, 1993, the Board of Commissioners approved the enclosed Impact Fee Collection Interlocal Agreement and authorized its submission to the municipalities for consideration. The basic points contained in the Agreement are very straightforward. I will not repeat them except to note that a draft quarterly report form has been included which, if the City elects to enter into the Agreement, would have to be submitted on a quarterly basis with collected revenues. The procedure (as well as the form) is modeled after that used by all local governments as part of the Homeowners Recovery Fund Act [see G.S. 87-15.6(b)]. My purpose in writing is to request that the Interlocal Agreement be presented to the Mebane City Council for consideration. If you require County Staff to be present to answer questions, please contact Rod Visser, the Assistant County Manager. In the event that your governing board elects not to be participate in the Interlocal Agreement, I believe that staff discussions should continue on how best to track permits issued and impact fees collected, even if this responsibility is that of the County. One possibility is for your Planning and/or Inspections Department to provide Orange County with a copy of each new residential building permit following issuance of same. • Thanks in advance for your assistance on this matter. Sincerely, John M. Link, County Manager CC: Geoffrey Gledhill, County Attorney Rod Visser, Assistant County Manager Marvin Collins, Planning Director ORANGE COUNT\- }I}LLsi3opot-Gli . �ltuaa9Ers Circe C Ltai clz.ed>76-2 October 18, 1993 Mr. W. Calvin Horton, Town Manager Town of Chapel Hill 3D6 North Columbia Street Chapel Hill, North Carolina 27516 Dear Cal: RE: Public School Impact Fees - Proposed Interlocal Agreement On July 8, 1993, 'representatives from your staff, Flo Garrison and Roger Walden, met with other County/municipal staff to discuss implementation of the Educational Facilities Impact Fee Ordinance. Part of the discussion focused on Section 5.B. of the Ordinance which provides for such collection to be by Orange County or through interlocal agreement between the County and the individual municipalities. One of the points of concern was whether to provide a means for citizens to pay the impact fee on the local level rather than driving all the way to Hillsborough to the Planning& Inspections Department. On September 7, 1993, the Board of Commissioners approved the enclosed Impact Fee Collection Interlocal Agreement and authorized its submission to the municipalities for consideration. The basic points contained in the Agreement are very straightforward. I will not repeat them except to note that a draft quarterly report form has been included which, if the Town elects to enter into the Agreement, would have to be submitted on a quarterly basis with collected revenues. The procedure (as well as the form) is modeled after that used by all local governments as part of the Homeowners Recovery Fund Act [see G.S. 87-15.6(b)]. My purpose in writing is to request that the Interlocal Agreement be presented to the Chapel Hill Town Council for consideration. If you require County Staff to be present to answer questions, please contact Rod Visser, the Assistant County Manager, or Marvin Collins, the Planning Director. In the event that your governing board elects not to be participate in the Interlocal Agreement, I believe that staff discussions should continue on how best to track permits issued and impact fees collected, even if this responsibility is that of the County. One possibility is for your Planning and/or Inspections Department to provide Orange County with a copy of each new residential building permit following issuance of same. Thanks in advance for your assistance on this matter. Sincerely, John M. Link, County Manager CC: Geoffrey Gledhill, County Attorney Rod Visser, Assistant County Manager Marvin Collins, Planning Director ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA ILrza :r C :a' c staas/Lei/776 2 October 18, 1993 Mr. Robert Morgan, Town Manager Town of Carrboro Post Office Box 337 Carrboro, North Carolina 27510 Dear Bob: RE: Public School Impact Fees - Proposed Interlocal Agreement As you may recall'from`our July 8, 1993 meeting, part of the discussion focused on the collection of impact fees. Section 5.B. of the Educational Facilities Impact Fee Ordinance provides for such collection to be by Orange County or through interlocal agreement between the County and the individual municipalities. As you may also remember, one of the points of concern was whether to provide a means for citizens to pay the impact fee on the local level rather than driving all the way to Hillsborough to the Planning & Inspections Department. On September 7, 1993, the Board of Commissioners approved the enclosed Impact Fee Collection Interlocal Agreement and authorized its submission to the municipalities for consideration. The basic points contained in the Agreement are very straightforward. I will not repeat them except to note that.a draft quarterly report form has been included which, if the Town elects to enter into the Agreement, would have to be submitted on a quarterly basis with collected revenues. The procedure (as well as the form) is modeled after that used by all local governments as part of the Homeowners Recovery Fund Act [see G.S. 87-15.6(b)]. My purpose in writing is to request that the Interlocal Agreement be presented to the Carrboro Board of Aldermen for consideration. If you require County Staff to be present to answer questions, please contact Rod Visser, the Assistant County Manager, or Marvin Collins, the Planning Director. In the event that your governing board elects not to be participate in the Interlocal Agreement, I believe that staff discussions should continue on how best to trark permits issued and impact fees collected, even if this responsibility is that of the County. One possibility is for your Planning and/or Inspections Department to provide Orange County with a copy of each new residential building permit following issuance of same. Thanks in advance for your a.s.sistance on this matter. Sincerely, John M. Link, County Manager CC: Geoffrey Gledhill, County Attorney Rod Visser, Assistant County Manager