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Interlocal Agreement Between the County and City of Fellsmere Related to Impact Fees
<br /> INDIAN RIVER COUNTY, FLORIDA
<br /> WHEREAS , the City and the County agree that all Impact Fees collected by
<br /> the City, plus the County ' s portion of the administrative charge , will be transferred to
<br /> the County and that Impact Fee revenues will be spent for the purpose of funding
<br /> Countywide Capital Facilities to meet the demands resulting from projected new
<br /> development Countywide ; and
<br /> WHEREAS , this Agreement is not intended to and does not alter or change
<br /> the responsibilities of each of the parties hereto , nor does it relieve any party of any
<br /> function, duty, or obligation otherwise imposed by law, including, but not limited to ,
<br /> decisions relating to zoning, subdivision, land use, development approval , densities ,
<br /> and design of proposed development projects or any other aspects of development
<br /> other than the need for Countywide Capital Facilities provided by the County and
<br /> School Board to serve the demand for such facilities generated by new development ;
<br /> and
<br /> WHEREAS , Chapter 125 , Florida Statutes, County Government, subsection
<br /> 125 . 01 ( 1 ) (p) , authorizes counties to enter into agreements with other governmental
<br /> agencies ; and
<br /> WHEREAS , Chapter 163 , Florida Statutes , Intergovernmental Programs , Part
<br /> 1, Miscellaneous Programs , Section 163 . 01 , the "Florida Interlocal Cooperation Act of
<br /> 1969 , " subsection 163 . 01 (4) , provides that public agencies of the State of Florida may
<br /> exercise jointly with any other public agency of the State of Florida any power,
<br /> privilege, or authority which such agencies share in common, and which each might
<br /> exercise separately; and
<br /> WHEREAS , Chapter 163 , Florida Statutes, Intergovernmental Programs , Part
<br /> I, Miscellaneous Programs , Section 163 . 01 , the "Florida Interlocal Cooperation Act of
<br /> 1969 , " subsection 163 . 01 (5 ) , provides that a joint exercise of power by such public
<br /> agencies may be made by contract in the form of an interlocal agreement ; and
<br /> WHEREAS, the County and the City are "public agencies" within the
<br /> meaning of Chapter 163 , Florida Statutes , Intergovernmental Programs , Part 1, Section
<br /> 163 . 01 , the "Florida Interlocal Cooperation Act of 1969 . "
<br /> NOW, THEREFORE , in consideration of the mutual undertakings and
<br /> agreements herein contained and assumed, and other good and valuable consideration,
<br /> the receipt and sufficiency of which are acknowledged by the parties , the County and
<br /> City agree as 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 City of Fellsmere and Indian River
<br /> County is referred to herein as the "Agreement . "
<br /> Page 3 of 10
<br /> April 4, 2005
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