HomeMy WebLinkAbout1995-042RESOLUTION NO. 95-42
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, TO THE FLORIDA
LEGISLATURE IN SUPPORT OF PRESERVING COUNTY HOME
RULE AUTHORITY TO DEVELOP AND IMPOSE IMPACT FEES.
WHEREAS, Section (1) of Article VIII, Florida Constitution, as
implemented by Section 125.01, Florida Statutes, was intended to enlarge the
power of counties to govern themselves through home rule, and state
intervention in the area of impact fees would be inconsistent with this
important constitutional right; and
WHEREAS, in respect to the home rule principle, the authority of local
governments to impose impact fees has been firmly established in case law to
help fund the coot of providing facilities and services necessitated by
growth and development; and
WHEREAS, impact fee revenues are critical to finding local government
growth management plans, particularly in this critical transition period from
plan development to plan implementation; and
WHEREAS, impact fess are imposed to eneure that growth and development
pay its own way rather than having those costs shifted to current residents;
WHEREAS, impact fees are by their very nature do not lend themselves to
standardization and uniformity in design and application; and
WHEREAS, Indian River County findo its current and proposed impact fee
ordinance are effective and legally sustainable without benefit of
state -imposed requirements and conditions; and
WHEREAS, Indian River County has developed and implemented local impact
fee ordinances for roads, parka, utilities, etc.
WHEREAS, impact fee legislation would likely generate additional rounds
of costly litigation to defend both existing and future ordinances; and
WHEREAS, state -imposed impact fee regulations could force local
governments to raise property taxes to pay for facilities and services
demanded by the ever-growing numbers of new reeldente and presently funded
through impact fees;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that the Board strongly urges the Florida
Legislature and the Governor of the State of Florida to preserve the - full and
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home rule authority of local governments
The resolution was moved for adoption by Commissioner Eggert
the motion was seconded by Commissioner
Chairman Kenneth R. Macht
Vice Chairman Fran B. Adams
Commissioner Richard N. Bird
Commissioner Carolyn K. Eggert
Commissioner John W. Tippin
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APPROVED AS TO FORM
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