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1994-041
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1994-041
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Last modified
6/12/2019 2:51:17 PM
Creation date
6/12/2019 2:44:52 PM
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Resolutions
Resolution Number
1994-41
Approved Date
02/22/1994
Resolution Type
Home Rule
Entity Name
State of Florida
Subject
County Home Rule Authority
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-�- 2/22194(resolImpact. doc)VkJT <br />RESOLUTION NO. 94-41 <br />A RESOLUTION OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, <br />FLORIDA, TO THE GOVERNOR AND LEGISLATURE <br />OF THE STATE OF FLORIDA, IN SUPPORT OF <br />PRESERVING COUNTY HOME RULE AUTHORITY TO <br />DEVELOP AND IMPOSE IMPACT FEES. <br />WHEREAS, Section (1), Article VIII of the Florida Constitution, as <br />implemented by Section 125.01, Florida Statutes, was intended to enlarge the <br />power of counties to govern themselves through home rule, and state inter- <br />vention in the area of impact fees would be inconsistent with this important <br />constitutional right; and <br />WHEREAS, in respect to this home rule principle the authority of local <br />governments to impose impact fees has been firmly established in case law to <br />help fund the cost of providing facilities and services necessitated by growth <br />and development; and <br />WHEREAS, impact fee revenues are critical to funding local government <br />growth management plans, particularly in the critical transition period from <br />plan development to plan implementation; and <br />WHEREAS, impact fees are imposed to ensure that growth and develop- <br />ment pay their own way rather than having those costs shifted to current <br />residents; and <br />WHEREAS, Indian River County finds its current and proposed impact <br />fee ordinances are effective and legally sustainable without benefit of state - <br />imposed requirements and conditions; and <br />WHEREAS, Indian River County has developed and implemented local <br />impact fee ordinances for water, sewers, and traffic; and <br />WHEREAS, impact fee legislation would likely generate additional costly <br />litigation to defend both existing and future ordinances; and <br />WHEREAS, state -imposed impact fee regulations could force local govern- <br />ments to hike property taxes to pay for facilities and services demanded by <br />the ever-growing numbers of new residents and presently funded through <br />Impact fees; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board <br />urges the legislative delegation, the Florida Senate and the Florida House of <br />
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