HomeMy WebLinkAbout1994-041-�- 2/22194(resolImpact. doc)VkJT
RESOLUTION NO. 94-41
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, TO THE GOVERNOR AND LEGISLATURE
OF THE STATE OF FLORIDA, IN SUPPORT OF
PRESERVING COUNTY HOME RULE AUTHORITY TO
DEVELOP AND IMPOSE IMPACT FEES.
WHEREAS, Section (1), Article VIII of the 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 inter-
vention in the area of impact fees would be inconsistent with this important
constitutional right; and
WHEREAS, in respect to this home rule principle the authority of local
governments to impose impact fees has been firmly established in case law to
help fund the cost of providing facilities and services necessitated by growth
and development; and
WHEREAS, impact fee revenues are critical to funding local government
growth management plans, particularly in the critical transition period from
plan development to plan implementation; and
WHEREAS, impact fees are imposed to ensure that growth and develop-
ment pay their own way rather than having those costs shifted to current
residents; and
WHEREAS, Indian River County finds its current and proposed impact
fee ordinances 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 water, sewers, and traffic; and
WHEREAS, impact fee legislation would likely generate additional costly
litigation to defend both existing and future ordinances; and
WHEREAS, state -imposed impact fee regulations could force local govern-
ments to hike property taxes to pay for facilities and services demanded by
the ever-growing numbers of new residents 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
urges the legislative delegation, the Florida Senate and the Florida House of
RESOLUTION NO. 94-41
Representatives, and the Governor of the State of Florida to preserve the
full and complete home rule authority of local governments to impose impact
fees and thus to oppose legislation restricting or limiting local government
use of impact fees.
The resolution was moved for adoption by Commissioner Adams, and the
motion was seconded by Commissioner Macht, and, upon being put to a vote,
the vote was as follows:
Chairman John W. Tippin Aye
Vice Chairman Kenneth R. Macht Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the resolution duly passed and
adopted this 22 day of February, 1994.
Ott' i i BOARD OF COUNTY COMMISSIONERS
th° ' `'.. INDIAN RIVER COUNTY, FLORIDA
Attesft' '. .—V"
44
By
John W. Ti p•
Jeff"K, .K.'Barton;. Jerk �t Chairman
41
APPf20 GAC AS FOIL I""
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Charles P. Vitunac
County Attorney
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