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Interlocal Agreement Between the County and School Board Related to Impact
<br />INDIAN RIVER COUNTY, FLORID 1<,
<br />WHEREAS, Section 1013.36, Florida Statutes, requires school boards and local
<br />governing bodies to coordinate school site planning with the comprehensive plan; and
<br />WHEREAS, Section 1013.33, Florida Statutes, requires the coordination of planning
<br />between school boards and local governing bodies to ensure that plans for the construction
<br />and opening of public education facilities are facilitated and coordinated in time and place
<br />with plans for residential development; and
<br />WHEREAS, the School Board has requested the County Commission to adopt a
<br />Public Education Facilities Impact Fee to be paid by new development and to be earmarked
<br />for the construction of Public Education Facilities necessitated by new development; and
<br />WHEREAS, Chapter 125, Florida Statutes, County Government, subsection
<br />125.01(1)(p), authorizes counties to enter into agreements with other governmental agencies;
<br />and
<br />WHEREAS, Chapter 163, Florida Statutes, Intergovernmental Programs, Part. I,
<br />Miscellaneous Programs, Section 163.01, the "Florida Interlocal Cooperation Act of 1969,"
<br />subsection 163.01 (4), provides that public agencies of the State of Florida may exercise
<br />jointly with any other public agency of the State of Florida any power, privilege, or authority
<br />which such agencies share in common, and which each might exercise separately; and
<br />WHEREAS, Chapter 163, Florida Statutes, Intergovernmental Programs, Part 1,
<br />Miscellaneous Programs, Section 163.01, the "Florida Interlocal Cooperation Act of 1969,"
<br />subsection 163.01(5), provides that a joint exercise of power by such public agencies may be
<br />made by contract in the form of an interlocal agreement; and
<br />WHEREAS, the County and the School Board are "public agencies" within the
<br />meaning of Chapter 163, Florida Statutes, Intergovernmental Programs, Part I, Section
<br />163.01, the "Florida Interlocal Cooperation Act of 1969."
<br />NOW, THEREFORE, in consideration of the mutual undertakings and agreements
<br />herein contained and assumed, and other good and valuable consideration, the receipt and
<br />sufficiency of which are acknowledged by the parties, the County and School Board agree as
<br />follows:
<br />SECTION 1. RECITALS INCORPORATED.
<br />The above recitals are true and correct and are incorporated herein.
<br />SECTION 2. TITLE.
<br />This Interlocal Agreement between the County and School Board is referred to herein
<br />as the "Agreement."
<br />SECTION 3. PURPOSE.
<br />The purpose of this Agreement is to ensure that Public Education Facilities Impact
<br />Fees necessary for the adequate provision of Public Education Facilities, once collected by the
<br />County and the incorporated municipalities in the County, are properly earmarked and
<br />transferred to the School Board for expenditure in accordance with the Ordinance and
<br />applicable laws.
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