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9/30/2015 8:46:29 PM
Official Document Type
Agenda Item Number
City of Sebastian
Interlocal Agreement Related to Impact Fees Impact Fee Study
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Interlocal Agreement Between the County and City of Sebastian Related to Impact Fees <br /> INDIAN RIVER COUNTY, FLORIDA <br /> WHEREAS , corrections , solid waste, County public buildings , libraries , fire <br /> and emergency services and County roadway facilities are provided solely by the <br /> County, within both the City and the unincorporated areas of the County, and, <br /> therefore, Impact Fees imposed on new development pursuant to the Ordinance and <br /> this Agreement comply with the proportionate share/rational nexus requirement ; and <br /> WHEREAS , public education services and facilities are provided solely by the <br /> School Board, within both the incorporated and unincorporated areas of the County, <br /> and, therefore, Impact Fees for public education facilities imposed on new <br /> development pursuant to the Ordinance and this Agreement comply with the <br /> proportionate share/rational nexus requirement ; and <br /> WHEREAS , the County will enter into an interlocal agreement with the <br /> School Board to facilitate the transfer of Public Education Facilities Impact Fee funds <br /> to the School Board for expenditure in accordance with Ordinance which requires that <br /> Impact Fee funds be spent to the reasonable benefit of those paying the fees , including <br /> new development within the incorporated municipalities of Indian River County; and <br /> WHEREAS , the City provides necessary Capital Facilities for law <br /> enforcement and parks and recreation services within the corporate boundaries of the <br /> City; and <br /> WHEREAS , in order to meet the proportionate share/rational nexus <br /> requirement, Impact Fees for Countywide Capital Facilities must be imposed, <br /> calculated, and collected uniformly throughout the County, including as may be <br /> applicable , within the City; and <br /> WHEREAS , new growth and development should pay a proportionate share <br /> of the cost of the new Capital Facilities needed to serve such growth and development, <br /> as specified in the adopted Capital Improvement Element (CIE) , at adopted level of <br /> service (LOS ) standards ; and <br /> WHEREAS, the parties agree that the purpose of this Interlocal Agreement is <br /> to permit the City to cooperate with and assist the County in collecting Impact Fees for <br /> Countywide Capital Facilities and to ensure that such facilities are available and <br /> adequate to maintain adopted LOS standards ; and <br /> WHEREAS, the City concurs with the County ' s methodology for the <br /> calculation of the Impact Fees imposed by the Ordinance and as set forth and adopted <br /> in the Methodology Reports, and that the Impact Fees imposed by the Ordinance are <br /> reasonable and proportionate to the impact of new development on Capital Facilities ; <br /> and <br /> WHEREAS , in addition to the Impact Fees required by the Ordinance , the <br /> City will assess against each building permit application an administrative charge <br /> equal to three percent (3 %) of the fees due in order to offset the costs to the City and <br /> County of administering the impact fee program ; and <br /> WHEREAS , the City will retain an amount equal to two percent (2 %) of the <br /> fees and will transmit an amount equal to one percent ( 1 %) to the County to offset <br /> administrative costs ; and <br /> Page 2 of 10 <br /> April 4, 2005 <br />
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