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ORDINANCE NO. 2012 - 002 Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Amendment of Section 1010.05 of the Code. Section 1010.05 of the Code of Indian River County, Florida, is hereby amended to read as follows (new language indicated by underline): Section 1010.05. Use of funds collected and trust funds. (1) Intent. Any "fair share roadway improvement fees" collected pursuant to the terms of this article are expressly designated for accommodation of impacts reasonably attributable to the proposed land development activity generating traffic as hereinafter provided in this section. (2) There is hereby established the "fair share roadway improvements trust fund" (trust fund) for the purpose of ensuring that the fees collected pursuant to this chapter are designated for the accommodation of impacts reasonably attributable to the proposed land development activity generating traffic and are consistent with the Indian River County Comprehensive Plan. The trust fund shall be divided into three (3) separate trust accounts, one (1) for each district as shown on the current impact fee benefit district map which is attached hereto and incorporated herein by reference. Impact fees collected and deposited into the original nine (9) trust accounts prior to the effective date of this ordinance shall be expended in the original district in which they were collected until all funds within said districts have been expended according to the provisions of this ordinance. The original impact fee district boundaries are shown on the interim impact fee benefit district map which is attached hereto and incorporated herein by reference. (3) "Fair share roadway improvement fees" collected pursuant to this chapter shall be paid into the trust accounts established for the district in which the new land development activity is proposed. (4) Expenditure of fair share fees in trust accounts. (A) Proceeds from the trust accounts shall be used exclusively for capital expansion of the county's major road network system as identified on the county's and/or other municipalities' thoroughfare plan maps, in the district from which the monies have come, and in a manner consistent with the Indian River County Comprehensive Plan except that, until the trust fund accounts of the nine (9) original benefit districts have been expended, the following percent of proceeds from the nine (9) trust accounts may be used outside the district boundaries for capacity expansion of bridge facilities and their access roads connecting Orchid Island and the mainland: District I --thirty-one (3 1) percent; District II --nineteen (19) percent; District III --eight (8) percent; District IV --nine (9) percent; District V --ten (10) percent; District VI --four (4) 2