|
Interlocal Agreement Between the County and School Board Related to Impact Fees
<br /> INDIAN RIVER COUNTY, FLORIDA
<br /> WHEREAS , Section 1013 . 36 , Florida Statutes , requires school boards and local
<br /> governing bodies to coordinate school site planning with the comprehensive plan ; and
<br /> WHEREAS , Section 1013 . 33 , Florida Statutes , requires the coordination of planning
<br /> between school boards and local governing bodies to ensure that plans for the construction
<br /> and opening of public education facilities are facilitated and coordinated in time and place
<br /> with plans for residential development ; and
<br /> WHEREAS , the School Board has requested the County Commission to adopt a
<br /> Public Education Facilities Impact Fee to be paid by new development and to be earmarked
<br /> for the construction of Public Education Facilities necessitated by new development ; and
<br /> WHEREAS, Chapter 125 , Florida Statutes , County Government, subsection
<br /> 125 . 01 ( 1 ) (p) , authorizes counties to enter into agreements with other governmental agencies ;
<br /> and
<br /> WHEREAS , Chapter 163 , Florida Statutes , Intergovernmental Programs , Part I,
<br /> Miscellaneous Programs , Section 163 . 01 , the "Florida Interlocal Cooperation Act of 1969 , "
<br /> subsection 163 . 01 (4) , provides that public agencies of the State of Florida may exercise
<br /> jointly with any other public agency of the State of Florida any power, privilege, or authority
<br /> which such agencies share in common, and which each might exercise separately; and
<br /> WHEREAS , Chapter 163 , Florida Statutes , Intergovernmental Programs , Part I,
<br /> Miscellaneous Programs , Section 163 . 01 , the "Florida Interlocal Cooperation Act of 1969 , "
<br /> subsection 163 . 01 (5 ) , provides that a joint exercise of power by such public agencies may be
<br /> made by contract in the form of an interlocal agreement ; and
<br /> WHEREAS , the County and the School Board are "public agencies " within the
<br /> meaning of Chapter 163 , Florida Statutes , Intergovernmental Programs , Part I , Section
<br /> 163 . 01 , the "Florida Interlocal Cooperation Act of 1969 . "
<br /> NOW, THEREFORE , in consideration of the mutual undertakings and agreements
<br /> herein contained and assumed, and other good and valuable consideration, the receipt and
<br /> sufficiency of which are acknowledged by the parties, the County and School Board agree as
<br /> 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 County and School Board is referred to herein
<br /> as the "Agreement . "
<br /> SECTION 3 . PURPOSE .
<br /> The purpose of this Agreement is to ensure that Public Education Facilities Impact
<br /> Fees necessary for the adequate provision of Public Education Facilities , once collected by the
<br /> County and the incorporated municipalities in the County, are properly earmarked and
<br /> transferred to the School Board for expenditure in accordance with the Ordinance and
<br /> applicable laws .
<br /> Page 2 of 8
<br />
|