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RESOLUTION NO. 2003-1 A RESOLUTION OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE INTERLOCAL AGREEMENT WITH INDIAN RIVER COUNTY, THE ADDENDUM TO THE INTERLOCAL AGREEMENT AND SECOND ADDENDUM TO THE INTERLOCAL AGREEMENT CHANGING THE TIME FOR THE COLLECTION OF THE FAIR SHARE ROADWAY IMPROVEMENTS FEE FOR NON-RESIDENTIAL DEVELOPMENTS (COMMERCIAL, INDUSTRIAL, OFFICES AND INSTITUTIONAL) WHEN THE FEE IS LESS THAN $50,000; PROVIDING FOR RATIFICATION; PROVIDING FOR ADOPTION OF INTERLOCAL AGREEMENT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Chapter 163, Florida Statutes (2002), and Section 125.01(p), Florida Statutes (2002), authorize the City and Indian River County to enter into this Interlocal Agreement; and WHEREAS, the County's Fair Share Roadway Improvements requirements found in Chapter 953 of the Code of Indian River County currently applies to the unincorporated areas of Indian River County and the incorporated areas of Indian River County; and WHEREAS, Subsection 953.07(b), of the Code of Indian River County, provides in part, "The (traffic impact) fee shall be paid to the county administrator or his designee, prior to issuance of a building permit for the development and no building permit shall be final until any applicable fee has been paid."; and WHEREAS, under the authority of Section 125.045, Florida Statutes (2002), in an effort to attract and retain business enterprises, with regard to commercial developments having a fair share roadway improvements fee of less than $50,000, the County is willing to deem the fair share roadway improvements fee as paid at the time of issuance of a building permit and forbear collection until the time of issuance of a certificate of occupancy or a period of twelve (12) months after issuance of a building permit, whichever comes first; and WHEREAS, the City collects fair share roadway improvements fees on behalf of the County for development within the geographic bounds of the City; and WHEREAS, in order to change the time for the collection of the fair share roadway improvements fee when the fee is less than $50,000, for "non-residential" developments (commercial, industrial, office and institutional uses) it is necessary for the City to adopt the Interlocal Agreement, Addendum to Interlocal Agreement and Second Addendum to Interlocal Agreement attached hereto; and