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AG 1999 06 21
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AG 1999 06 21
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Last modified
3/25/2002 6:00:16 PM
Creation date
11/27/2017 11:49:25 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
6/21/1999
Board
Board of Commissioners
Meeting Type
Regular
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which impact fees would be raised and spent.4o Because relatively few new <br />schools (that is, one elementary school in each school administrative unit) were <br />intended to be funded with impact fees, and therefore fewer residents could be <br />said to directly benefit from their construction, flexibility in funding was needed; <br />flexibility was enhanced by drawing the benefit areas as large as possible.41 <br /> <br />The Need for New School Capital Improvements <br /> <br /> The first step. in calculating the Orange County school impact fees was to <br />forecast the growth in Orange County that was predicted to result in the need for <br />new construction and capital improvements to schools during the period 1993- <br />98. That required an initial determination that the need for new schools could <br /> <br /> 40. Compare City of College Station v. Turtle Rock Corp., 680 S.W.2d 802 (Tex. 1984) ["(U)nless <br /> the court considered the benefit, a city could, with monetary exaclions, place a park so far from the <br /> particular subdivision that the residents receive no benefit,"] with Hollywood, Inc. v. Broward <br /> County, 431 So, 2d 606 (Fla. App. 1983), cert. denied, 440 So. 2d 352 (Fla. 1983~ (development <br /> received sufficient benefit as long as park was within tifteen miles of il), <br /> <br /> 41. If capital improvements to a district's only senior high school are funded wilh impacl fees or <br /> <br />' various senior high, middle, and elementary schools in the district are funded as a group, it is more <br />persuasive to claim that the residents of a particular housing unit for which an impact fee is paid will <br />sufficiently benefit from its expenditure than it is il the fee will fund an elementary school in a <br />distant part of the district that children of those residents will never attend. However, indirect <br />benefits may result if the construction of a new elementary school results in the reconfiguring of <br />school attendance zones in such a manner as fo ease overcrowding in existing schools. In any <br />case the county's decision to define each benefit area to correspond to the entire school unit may <br />have been influenced by the fact lhat each of the respective school boards, not the c. ounly, has <br /> <br />the power to redraw attendance zones. 46 <br /> <br /> <br />
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