§ 42-150. Use.

(a)

The funds collected by reason of establishment of the police impact fee in accordance with this division shall be used solely for the purpose of acquisition or financing of public facilities determined to be needed to provide police protection for new development within the city.

(b)

All funds shall be used in a manner which is reasonably designed to benefit the contributor and which is 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 of Florida. Said funds shall not be used to maintain or repair existing police facilities or equipment or to acquire facilities or equipment to serve existing development.

(c)

Any funds on deposit not immediately necessary for expenditure shall be invested in an interest bearing account. All income derived shall be deposited in the appropriate police impact fee fund.

(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, § 11.5-90; Ord. No. 98-85, § 10, 12-10-98)