(A) Generally. It shall hereafter be the policy of the Mayor and Commission of the Village of Diamond to require the payment of a school facilities impact fee as a condition of the annexation of territory to the Village of Diamond and approval of a planned unit development with residential uses. Therefore, the annexation of territory after the effective date of this section shall be effected pursuant to an annexation agreement requiring the payment of a school facilities impact fee in substantial accordance with the provisions set forth in Exhibit “A” of Resolution 2004-21, and the approval of a planned unit development with residential uses shall require the payment of the school facilities impact fee in substantial accordance with the provisions set forth in Exhibit “A” of Resolution 2004-21.
(B) School districts to provide indemnification. It shall be a condition of the receipt of school facilities impact fees that the benefitted school district defend and indemnify the Village of Diamond from and against any and all claims or actions brought or asserted against the Village of Diamond in connection with the establishment, collection, administration, or expenditure of the school facilities impact fee.
(C) Reservation of powers. Nothing herein shall be construed so as to limit, condition, or impair the exercise of powers conferred on the Village of Diamond to annex territory, enter into annexation agreements, regulate the zoning, subdivision, or development of land, or approve planned unit developments with residential uses, to levy or establish taxes and fees, or to exercise other municipal functions and powers.
(Res. 2004-21, passed 10-26-2004)