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ORDINANCE NO. 2012 - 002 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 1010.05 OF THE CODE OF INDIAN RIVER COUNTY; PROVIDING FOR A REFUND OF CERTAIN TRAFFIC IMPACT FEES AND ACCRUED INTEREST HELD IN THE ORIGINAL TRAFFIC IMPACT FEE DISTRICT II TRUST ACCOUNT; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, between 1986 and 1999, Indian River County was divided into nine traffic impact fee districts, and traffic impact fees were collected in each of the nine districts; and WHEREAS, in 1999, the Board of County Commissioners adopted Ordinance 99-14 which (a) eliminated the original nine traffic impact fee districts and replaced them with three new traffic impact fee districts, and (b) required that traffic impact fees collected in the original nine traffic impact fee districts be spent within the original district in which the fees were collected; and WHEREAS, all traffic impact fees collected in the original nine traffic impact fee districts have been fully spent, with the exception of certain fees collected in original traffic impact fee District II, which consists of the barrier island, from Beachland Boulevard on the north to the County line on the south; and WHEREAS, as of February 21, 2012, the total amount of remaining impact fees and accrued interest in the original traffic impact fee District II trust account is $1,115,696.67; and WHEREAS, based upon special and unique circumstances relating to the remaining funds in the original traffic impact fee District II trust account — particularly, the passage of time since collection of the fees, and the limited number of improvement or expansion projects available within original traffic impact fee District II — the Board has determined that the public interest will be served by a refund of the unspent impact fees, as set forth herein. NOW, THEREFORE, BE IT. ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes, vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the County. The Board specifically determines that the enactment of this ordinance is not inconsistent with general or special law, and is necessary and appropriate to promote the public health, safety and welfare of the residents of Indian River County. 1