§ 54-128. Use of monies.

(a)

The commission hereby creates the "fire rescue impact fee trust account," which shall be maintained separate and apart from all other city accounts.

(b)

Fire rescue impact fees shall be deposited into the fire rescue impact fee trust account immediately upon receipt.

(c)

Funds on deposit in the fire rescue impact fee trust account, as established in paragraph (a) above, shall be used solely for the purpose of providing growth-necessitated capital improvements to the city fire rescue system, including, but not limited to:

(1)

Land acquisition, including any cost of acquisition or condemnation;

(2)

Fees for professional services, including but not limited to architecture, engineering, surveying, landscaping, soils and material testing, legal, appraisals, and construction management;

(3)

Design and construction plan preparation;

(4)

Site development and on-site and off-site improvements incidental to the construction thereto;

(5)

Any permitting or application fees necessary for the construction;

(6)

Design and construction of new fire rescue facilities;

(7)

Design and construction of new drainage facilities required by the construction of fire rescue facilities or improvements thereto;

(8)

Relocating utilities required by the construction of fire rescue facilities or improvements or additions thereto;

(9)

Landscaping;

(10)

Construction management and inspection;

(11)

Surveying, soils and materials testing;

(12)

Acquisition of capital equipment for the city fire rescue system;

(13)

Repayment of monies borrowed from any budgetary fund of the city which were used to fund growth-necessitated capital improvements to the city fire rescue system as provided herein;

(14)

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the city to fund growth-necessitated improvements and additions to the city fire rescue system subsequent to the effective date of this article; and

(15)

Costs related to the administration, collection, and implementation of the fire rescue impact fee.

(d)

The monies deposited into the fire impact fee trust account shall be used solely to provide growth-necessitated capital improvements or additions to the city fire rescue system as projected in the fire rescue impact fee study and shall not be used for any expenditure that would be classified as a maintenance or repair expense. A report will be prepared annually by the city reflecting the collection and expenditures of fire rescue impact fees by the city during the previous year.

(e)

Any fire rescue impact fee funds on deposit which are not immediately necessary for expenditure shall be invested by the city. All income derived from such investments shall be deposited in the fire impact fee trust account and used as provided herein.

(f)

The city may retain up to one percent of all fire rescue impact fees received or the actual costs of administration and collection, whichever is less, as an administrative fee to defray the costs of administering the fire rescue impact fees.

(g)

The fire rescue impact fees collected pursuant to this article shall be returned to the then current owner of the property on behalf of which such fee was paid, if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the eighth anniversary of the date upon which such fees were paid. Refunds shall be made only in accordance with the following procedure:

(1)

The then present owner shall petition the city for the refund within six months following the end of the calendar quarter immediately following eight years from the date on which the fee was received.

(2)

The petition for refund shall be submitted to the city manager and shall contain:

A notarized sworn statement that the petitioner is the present owner of the property on behalf of which the fire rescue impact fee was paid;

A copy of the dated receipt issued for payment of the fire rescue impact fee or such other record as would evidence payment; and

A certified copy of the latest recorded deed or a copy of the most recent ad valorem tax bill.

(3)

Within 60 days from the date of receipt of a petition for refund, the city manager will advise the petitioner and the commission of the status of the fire rescue impact fee requested for refund, and if such fire rescue impact fee has not been expended or encumbered within the applicable time period, then it shall be returned to the petitioner. For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out.

(Ord. No. 07-23, § 3.07, 12-17-2007)