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Interlocal Agreement Between the County and School Board Related to Impact Fees <br /> INDIAN RIVER COUNTY, FLORIDA <br /> INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER <br /> COUNTY, FLORIDA AND THE SCHOOL BOARD OF <br /> INDIAN RIVER COUNTY, FLORIDA RELATING TO <br /> PUBLIC EDUCATION FACILITIES IMPACT FEES <br /> THIS AGREEMENT, entered into this 28 day of April 2005 <br /> between Indian River County, Florida, a political subdivision of the State of Florida (the <br /> "County") , and the School Board of Indian River County, Florida, a body corporate existing <br /> under the laws of the State of Florida (the "School Board") , provides for the transfer from the <br /> County to the School Board of Public Education Impact Fee funds collected by the County <br /> from new development in the County and its municipalities , and for the expenditure of Public <br /> Education Facilities Impact Fee funds by the School Board in accordance with County <br /> Ordinance . <br /> WITNESSETH : <br /> WHEREAS , the County proposes to adopt the Indian River County Impact Fee <br /> Ordinance (the "Ordinance") , which would impose, inter alia, Public Education Facilities <br /> Impact Fees on new development in order to accommodate the fiscal impacts of new <br /> development on Public Education Facilities ; and <br /> WHEREAS , the Ordinance requires an interlocal agreement between the County and <br /> the School Board ; and <br /> WHEREAS , the School Board has developed a five- year facility plan, which includes <br /> capital projects for Public Education Facilities eligible to be funded, in full or in part, with <br /> Public Education Facilities Impact Fee funds and which identifies the Public Education <br /> Facilities needed to meet the projected demand for such facilities created by new growth and <br /> development throughout the County, including within the incorporated municipalities in the <br /> County; and <br /> WHEREAS , the County is authorized, pursuant to the powers conferred upon it <br /> through, inter alia, Article VIII of the Florida Constitution and Chapters 125 and 163 , Florida <br /> Statutes , to adopt proportionate share impact fees in order to offset the cost of providing <br /> capital facilities , the need for which is generated by new development and the benefits of <br /> which will accrue to new development ; and <br /> WHEREAS , the County has prepared a Public Education Facilities Impact Fee <br /> calculation methodology, which is set forth in a report for Public Education Facilities Impact <br /> Fees (the "Methodology Report"), and which ensures that Public Education Facilities Impact <br /> Fees comply with applicable legal principles , including, but not limited to , the proportionate <br /> share/rational nexus standard as required by impact fee case law ; and <br /> WHEREAS , the School Board concurs with the County ' s methodology and <br /> calculation of Public Education Facilities Impact Fees imposed by the Ordinance, as set forth <br /> and adopted in the Methodology Report, and that the Public Education Facilities Impact Fees <br /> imposed by the Ordinance are reasonable and proportionate to the impact of new development <br /> on Public Education Facilities ; and <br /> WHEREAS , the School Board system is a countywide system that serves the <br /> unincorporated County as well as the incorporated municipalities within the County; and <br /> Page I of 8 <br />