§ 23-94. Use of funds.

(a)

The collecting governmental unit shall be entitled to up to but not more than three (3) percent of the funds collected to compensate them for the administrative expense of collecting and administering the public capital facilities impact fee ordinance. All remaining funds collected from public capital facilities impact fees shall be used for the purpose of capital improvements to public capital facilities within the county. Library impact fees may be used solely for public capital facilities improvements to the public library system of the county. Public buildings impact fees may be use solely for public capital facilities improvements to public buildings within the county. Law enforcement impact fees may be used solely for law enforcement public capital facilities improvements within the county.

(b)

Funds shall be expended in the order in which they are collected.

(c)

Each fiscal period the county administrator, after consultation with the sheriff and any other affected constitutional officers, shall present to the board of county commissioners proposed capital improvement expenditures for libraries, public buildings, and law enforcement and police protection, assigning funds, including any accrued interest, from the public capital facilities impact fee trust funds to capital facilities projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the trust funds until the next fiscal period except as provided by the refund provisions of this division.

(d)

In the event that bonds or similar debt instruments are issued for advanced provision of capital facilities for which public capital facilities impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type described in paragraph (a) above.

(Ord. No. 86-27, § 9, 10-28-86; Ord. No. 93-6, § 9, 3-25-93; Ord. No. 96-13, § 9, 7-16-96; Ord. No. 97-16, § 9, 7-7-97; Ord. No. 01-17, § 9, 10-23-01)