§ 42-108. Use.

(a)

The funds collected by reason of establishment of the recreation impact fee in accordance with this division shall be used solely for the purpose of planning, acquisition, expansion and development of recreational facility improvements determined to be needed to provide recreational services for new development with the city, including, but not limited to:

(1)

Recreation studies and environmental assessments.

(2)

Design and construction plan preparation.

(3)

Land acquisition, including legal fees.

(4)

Construction of new parks.

(5)

Purchase and installation of recreational fixtures.

(b)

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

(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 recreation 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) below.

(d)

If the fees have not been expended or encumbered by the end of the calendar quarter immediately following six years from the date the fees were paid, upon application of the fee payer of proof of payment or the development for which the fees were paid was never begun, the fees shall be returned with interest at the rate determined by the city based upon the average interest earning rate incurred by the city in accordance with the following procedure.

(1)

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

(2)

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

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.

(3)

If reimbursement is approved, the city shall remit to the present owner of the petition within 60 days of approval.

(Code 1988, § 11.5-63; Ord. No. 98-87, § 13, 12-10-98)