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INTERGOVERNMENTAL AGREEMENT BETWEEN

THE COUNTY COMMISSION OF JEFFERSON COUNTY, WEST VIRGINIA,

THE CORPORATION OF RANSON AND

THE JEFFERSON COUNTY BOARD OF EDUCATION

Drafted January 2006

 

            THIS INTERGOVERNMENTAL AGREEMENT, dated this day of December, 2005, by and between the COUNTY COMMISSION OF JEFFERSON COUNTY, WEST VIRGINIA, (hereinafter referred to as the “County” or the “County Commission”) and the CORPORATION OF RANSON, (hereinafter referred to as the “Municipality” or the “City of Ranson”), and the JEFFERSON COUNTY BOARD OF EDUCATION, (hereinafter referred to as the "Board” or the “Board of Education”)

 

            1 WHEREAS, in recent years, Jefferson County, West Virginia has experienced substantial growth and development which has impacted the educational system in the county, and

 

            2 WHEREAS, both the County Commission and the City of Ranson desire to facilitate a quality education to all students in Jefferson County, and

 

            3 WHEREAS, to facilitate a quality education, it is necessary to appropriate funds derived from growth and development to be earmarked for education, and

 

            4 WHEREAS, no statutory authority exists for a municipality to assess or collect impact fees, however, W Va Code Section §8A-6-2 provides for a similar system herein known as “voluntary proffer system” by which the City Planning Commission can set certain reasonable conditions as a requirement of a final plat approval for a development project, and the Ranson City Council and the Ranson Planning Commission have identified a Public Education Improvement Proffer to be a reasonable condition for final plat approval within the City, and

 

            5 WHEREAS, pursuant to West Virginia Code §7-20-I et seq, the County duly adopted An Ordinance Providing For The Imposition Of A Public School Impact Fee On All New Residential Development on November 6, 2003 with such Ordinance to have an Effective Date of November 24, 2003, which ordinance is hereinafter referred to as the “school impact fee ordinance” The County amended the school impact fee ordinance on December 11, 2003 For purposes of this settlement agreement, the parties adopt the definition of residential development set forth in the school impact fee ordinance. The school impact fee ordinance describes residential development as single family detached, including mobile homes, townhouse/duplex, or multi-family unit This initial date of collection of the public school impact fee was January 26, 2004 Under the school impact fee ordinance the school impact fee is to be collected within Jefferson County, including the municipalities, and

 

            6 WHEREAS, the County and the City of Ranson have each provided for public education through their own legal authorities set forth by West Virginia Code, the parties wish to enter into an Intergovernmental Agreement for the purpose of providing for public education, and

 

            7 WHEREAS, the Ranson City Council and the Ranson Planning Commission have agreed that the monetary amount of this proffer should be uniform throughout the County, within or without the corporate boundaries of the Municipality, and

 

            8 WHEREAS, the Ranson City Council has enacted, by ordinance, a building permit fee schedule which stipulates that Public Education Improvement Proffer Set in the exact amount as specified by the County’s Impact Fee Ordinance be paid prior to the issuance of a building permit in the City, and

 

            9 WHEREAS that the City has determined that it is not necessary to charge a fee to administer the monies coming into Ranson pursuant to the public education proffers, and

 

            10 WHEREAS, it is the belief of the Ranson City Council and the Jefferson County Commission that It is in the best interest of all concerned to preserve two separate statutory systems to enable the collection of public school improvement funds in all jurisdictions

 

            NOW THEREFORE WITNESSETH: That the City of Ranson, the County Commission and the Board have agreed as follows

 

The City of Ranson, through the Ranson City Council, shall:

 

            1 Hold the County Commission harmless against prosecution for the imposition of the City’s Public Education Improvement Proffer

 

            2 Agree to collect a Public Education Improvement Proffer in the exact amount as specified by the County’s School Impact Fee Ordinance prior to issuance of a building permit for residential development within the City

 

            3 Insure that all voluntary proffer offers and agreements specifically provide for the requirement and collection of a Public Education Improvement Proffer in the exact amount as specified by the County’s School Impact Fee Ordinance

 

            4 Take all necessary steps to amend or enact City Ordinances to specify that any individual platted lots within the corporate boundaries are subject to the provisions of W Va Code Section §8A-6-2 and as such are further subject to the certain reasonable conditions for final plat approval

 

            5 Remit all Public Education Improvement Proffers, in fill, to the Jefferson County Impact Fee Coordinator, with a monthly report which details the payor’s name, lot number, street or subdivision name, amount paid and date of payment, along with any other information or forms deemed necessary by the Jefferson County Impact Fee Coordinator, now or in the future, to insure proper credit is given and receipted

 

            6 Recognizes that the County has a responsibility under W Va Code Section §7-20-6 to insure that the Jefferson County School Impact Fee is equally applied to all residents of the County and as such, further stipulates that upon transfer of the Public Education Improvement Proffer by the City to the County, the County is authorized to record such payment as the Jefferson County School Impact Fee for the property listed on the accompanying buiiding permit application and may issue a corresponding receipt to the applicant

 

            7 Not charge an administration fee to the County or any other party for the collection of its Public Education Improvement Proffer or the transfer of same to the County Impact Fee Coordinator

 

            8 Will withhold building permits from any individual who has not paid the Public Education Improvement Proffer for the property listed on the building permit application in question

 

            9 Will not negotiate with developers to accept any other proffer in lieu of a full cash payment of the Public Education Improvement Proffer nor will it grant credits or discounts from the Public Education Improvement Proffer

 

            10 Recognizes that certain property owners will not be subject to the Counties School Impact Fee pursuant to the County’s Impact Fee Ordinance To that end, the City of Ranson will require the applicant to provide written proof of said waiver or exception from the County prior to the issuance of a building permit from any applicant who makes any claim of the exception to the County’s School Impact Fee

 

            11 Instruct its staff members to cooperate with the County’s staff members to develop a system which will allow the exchange of information and transfer of funds from the City of Ranson’s Public Education Improvement Proffer to the County Commission’s School Impact Fee

 

            12 Take no action which would diminish the County’s statutory authority to impose a public school impact fee as granted in W Va Code Section §7-20-1

 

            13 Memorialize all of the conditions contained in this Agreement in a policy and provide a copy of same to the County and the Board

 

The County Commission shall:

 

            1 Hold the City of Ranson harmless against prosecution for collection of the school impact fee

 

            2 Instruct its staff members to cooperate with the City of Ranson staff members to develop a system which will allow the exchange of information and transfer of funds from the City of Ranson’s Public Education Improvement Proffer to the County Commission’s School Impact Fee

 

            3 Provide written proof in any case where an applicant has paid less than the full amount of the impact fee

 

            4 Provide written notice to the City staff whenever there is an increase in the school impact fee amount

 

            5 Take no action which would diminish the City’s statutory authority to impose a proffer requirement as granted in W Va Code Section §8A-6-2

 

            6 Memorialize all of the conditions contained in this Agreement in a policy arid provide a copy of same to the City and the Board

 

The Jefferson County Board of Education shall:

 

            Endorse the manner in which the fee shall be collected as set forth in this agreement by all of the parties hereto

 

            2 Upon written request by the City of Ranson or the County, provide written notice of an expenditures of the aforementioned fees for the improvement of public education in Jefferson County

 

            3 Memorialize all of the conditions contained in this Agreement in a policy and provide a copy of same to tile City of Ranson and the County

 

            By the terms of this agreement and its conduct hereunder, the City of Ranson, the County Commission and the Board of Education have not forfeited, waived or compromised any right, legal or equitable, but instead reserve any and all rights, legal or equitable, including the right to challenge any impact fee or proffer ordinance which is not specifically in conflict with this agreement

 

            If any paragraph, sentence, clause, or phrase of this agreement is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such paragraph, sentence, clause or phrase shall be deemed a separate and distinct provision and such holding shall not affect the validity of the remaining provisions of this agreement

 

            This document is executed in triplicate, each one of which shall be deemed an original

 

            By their respective signatures hereto each party hereto does certify that authority has been given by its respective bodies by the adoption of a resolution authorizing the signature of its representative hereto

 

            This Intergovernmental Agreement shall expire on June 30, 2026

            APPROVED this        day of December, 2005

 

COUNTY COMMISSION OF JEFFERSON COUNTY, WEST VIRGINIA

By President

 

ATTEST:

Clerk of the County Commission

 

REVIEWED BY:

County Attorney

for Jefferson County, West Virginia

 

[GOVERNING BODY] OF THE CORPORATION OF RANSON

By Mayor

 

ATTEST

City Recorder

REVIEWED BY:

City Attorney for Corporation of Ranson West Virginia

 

JEFFERSON COUNTY BOARD OF EDUCATION

By President

 

ATTEST

Secretary

REVIEWED BY:

Attorney for Jefferson County Board of Education