§ 42-63. Use.

(a)

The funds collected because of establishment of the road impact fee in accordance with this division shall be used solely for the purpose of planning, acquisition, expansion and development of off-site improvements to the road system determined to be needed to offset the impacts of new development with the city, including but not limited to:

(1)

Corridor studies and environmental assessments.

(2)

Design and construction plan preparation.

(3)

Right-of-way acquisition, including legal fees.

(4)

Construction of new through lanes.

(5)

Construction of new turn lanes.

(6)

Construction of new bridges.

(7)

Construction of new drainage facilities in conjunction with new road construction.

(8)

Purchase and installation of traffic signalization.

(9)

Construction of new curbs, medians and shoulders.

(10)

Relocating utilities to accommodate new road construction.

(b)

All funds shall be used exclusively within the city in a manner consistent with the principles set forth in state law and case law, and otherwise consistent with all requirements of the constitutions of the United States and the state. The funds shall not be used to maintain or repair any roads.

(c)

Any funds on deposit not immediately necessary for expenditure shall be invested in interest-bearing accounts. All income derived shall be deposited in the road impact fee account. Applicants shall not receive a credit for or be entitled to interest from the investment of funds except as provided in subsection (d) of this section.

(d)

The fees collected pursuant to this division shall be returned to the then-present owner of the development if the fees have not been encumbered or spent by the end of the calendar quarter immediately following ten years from the date the fees were received, or if the development for which the fees were paid was never begun, in accordance with the following procedure:

(1)

The then-present owner must petition the city commission for the refund within one year following the end of the calendar quarter immediately following nine years from the date on which the fee was received.

(2)

The petition must be submitted to the city manager and must contain the following:

a.

A notarized sworn statement that the petitioner is the current owner of the property;

b.

A copy of the dated receipt issued for payment of the fee;

c.

A certified copy of the latest recorded deed; and

d.

A copy of the most recent ad valorem tax bill.

(Code 1988, § 11.5-33)