HomeMy WebLinkAboutResolution 681 Education System Impact Fee
RESOLUTION NO. 681
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA,
SUPPORTING THE ADOPTION OF AN EDUCATIONAL SYSTEM IMPACT FEE
BY THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY,
FLORIDA; SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 235.193(1), Florida Statutes, the City
and the School Board of Seminole County are required to coordinate the
planning of educational facilities with the planning of residential
development and the providing of other necessary services;
WHEREAS, Section 235.193 further requires educational facilities and
their off-site impacts to be consistent with the Comprehensive Plan.
WHEREAS, Section 163.3161(3), Florida Statutes, directs local
governments to make efficient and adequate provisions for schools;
WHEREAS, Section 163.3202(3), Florida Statutes, encourages the use
of innovative land use regulations and impact fees to manage growth and to
provide the necessary public facilities;
WHEREAS, the imposition by a county of impact fees on residential
development to fund the capital cost of educational facilities necessitated
by such development is consistent with Florida law;
WHEREAS, Section 163.3177, Florida Statutes, requires the City to
adopt a Comprehensive Plan containing a capital improvements element which
considers the need and location of public facilities within its areas of
jurisdiction;
WHEREAS, the projected capital improvements and additions to the
educational system and the allocation of projected costs between those
necessary to serve existing development and those required to accommodate the
educational needs of future residential construction have been presented in a
study commissioned by the School Board entitled "Impact Fees for Educational
Facilities in Seminole County, Florida" dated
WHEREAS, the School Board has determined that ad valorem tax
revenue, gross receipts tax revenue, and other revenue generated by future
residential construction will not be sufficient to provide the improvements
and additions to the educational system required to accommodate such growth;
WHEREAS, the implementation of an educational system impact fee to
require future growth to contribute its fair share of the cost of required
capital improvements and additions is consistent with the growth management
plan in the City of Winter Springs;
WHEREAS, the establishment of an educational system impact fee
furthers common welfare and interests of all the people of Seminole County,
Florida;
WHEREAS, the residential development occurring throughout Seminole
County, including such development occurring within the City of Winter
Springs, contribute to the need for additional educational facilities;
WHEREAS, the School Board appointed the Impact Fee Review Committee
to study the advisability of Educational System Impact Fees;
WHEREAS, the Committee consisted of esteemed residents of Seminole
County, representing a variety of interests, including the governing bodies
of the cities and the County, the real estate profession, the homebuilders,
the Chamber of Commerce, the Parent-Teachers Associations, and the Business
Advisory Board;
WHEREAS, the Committee studied educational system impact fees over a
six month period.
WHEREAS, the Committee recommended that an educational system impact
fee should be adopted;
WHEREAS, on February 6, 1992, the Committee presented its report to
the School Board at a public meeting;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA:
A. That the City of Winter Springs supports the adoption of an
educational system impact fee by the Board of County Commissioners of
Seminole County, requiring future residential construction to contribute its
fair share of the cost of improvements and additions to the educational
system necessary to accommodate such growth.
B. The City Manager is directed to forthwith deliver a copy of this
Resolution to the School Board and the Board of County Commissioners.
C. If any section or portion of this Resolution proves to be
invalid, unlawful, or unconstitutional, it shall not be held to invalidate or
impair the validity, force, or effect of any other section or portion of a
section or subsection or part of this Resolution.
D. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
E. This Resolution shall take effect immediately upon its final
passage and adoption.
Passed and adopted this 1st day of June, 1992
CITY OF WINTER SPRINGS
PHILIP A. KULBES, MAYOR
ATTEST:
Mary T. Norton
CITY CLERK