City commission adopts downtown mobility fee; Palm Beach County objects and cites interlocal rules

The West Palm Beach City Commission on May 27 adopted an ordinance to establish a downtown mobility fee and create a mobility fee benefit district that will fund local transportation projects in the downtown area.

Jessica Keller, the city’s mobility and transportation manager, told commissioners there were no substantive changes since the first reading and described the ordinance as creating a downtown mobility fee schedule, establishing credits and appeals, and creating a mobility fee fund and benefit district for spending locally.

Representing Palm Beach County, Khurshid Mayuddin from the county planning division urged the commission to postpone adoption and said the county objects to any municipal action that would repeal or replace county transportation concurrency, proportionate share or road impact fees. “The county objects to any and all provisions which attempt to eliminate any of these important funding revenue for the county’s transportation network,” Mayuddin said, noting that the county’s position is supported by rulings in ongoing litigation. He cited state law requiring coordination, saying the county had provided a proposed interlocal agreement for the city’s consideration and recommending the city wait for the countywide transportation master plan and an interlocal framework.

Commissioner Fox said she supported moving forward and emphasized opportunities to work cooperatively with the county. She asked Keller to outline collaboration prospects for projects that affect county‑owned signals and roads. Keller said staff had met with the county the previous week and that the city had repeatedly communicated its direction to the county administrator; she said the city intends to continue negotiating an interlocal agreement. Another commissioner noted a state legislative requirement that local governments adopt a local agreement by October 1 (statutory timing referred to in the hearing) or developers could be entitled to a 10% discount under the statute if interlocal coordination is not reached.

The ordinance, filed as ordinance 5130‑25, also adopts the City of West Palm Beach downtown mobility fee technical report and amends the City Code (Chapter 86, Traffic and Parking) to create new mobility fee sections. The clerk read the ordinance into the record and the commission approved second reading without change; the motion passed unanimously.

The county asked the city to defer action pending the countywide transportation master plan and the interlocal agreement, arguing that municipalities lack authority to repeal county impact fees and that coordinated mitigation is required by Florida statute. City staff said they will continue discussions with the county as the ordinance is implemented and that the mobility fee district would be used to fund projects that benefit the downtown area, particularly where the city controls the right of way and capital program.

Staff said the mobility fee would localize fees paid by new development so funds generated downtown would remain in downtown projects, rather than being collected through county road‑impact mechanisms. The commission approved the ordinance at second reading by unanimous vote.