§ 23-155. Use of funds.

(a)

Schools :

(1)

The funds collected by the county shall be remitted to the HCSD when impact fees are remitted to HCSD.

(2)

HCSD shall use the educational facilities impact fee surcharges for those facilities which serve students residing in the overlay district as per HCSD policies to the extent not contrary to a development agreement or development order to which HCSD is a party to or gave its consent to.

(3)

Funds may be used to provide refunds as described in this division.

(4)

The county may collect an administrative fee not to exceed three (3) percent or its actual costs, whichever is less, related to collecting the fee and administering this division which shall be deducted prior to remitting any funds to HCSD.

(b)

Public capital facilities:

(1)

Except as provided in this division or otherwise provided in a development agreement or development order, public capital facilities impact fee surcharge funds shall be used exclusively for new capital facilities ( i.e. library, buildings, law enforcement facilities) or expansion of existing capital facilities within the I-75/SR 50 PDD and which benefit the resident population of the I-75/SR 50 PDD. Funds shall be spent in the order collected. In no event shall funds be used for maintenance or operations.

(2)

In the event that bonds or similar debt instruments are issued for the advanced provision of public capital facilities improvements for which public capital facilities impact fee surcharges may be expended, such public capital facilities surcharges 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 this division.

(3)

At least once each fiscal period the county administrator shall present to the board a proposed capital improvement program for public capital facilities, assigning public capital facilities impact fee surcharge funds, including any accrued interest, to specific public capital improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same public capital facilities impact fee surcharge trust fund account until the next fiscal period, except as provided by the refund provisions of this division.

(4)

Funds may be used to provide refunds as described in this division.

(5)

The county may collect an administrative fee not to exceed three (3) percent or its actual costs, whichever is less, related collecting the fee and administering this division.

(c)

Parks :

(1)

Except as provided in this division or otherwise provided in a development agreement or development order, parks impact fee surcharge funds shall be used exclusively for new parks or expansion or improvement of existing parks within the I-75/SR 50 PDD and/or for the district park as identified in the I-75/SR 50 PDD Area Plan and which benefit the resident population of the I-75/SR 50 PDD. Funds shall be spent in the order collected. In no event shall funds be used for maintenance or operations.

(2)

In the event that bonds or similar debt instruments are issued for the advanced provision of parks for which parks impact fee surcharges may be expended, such parks impact fee surcharges 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 this division.

(3)

At least once each fiscal period the county administrator shall present to the board a proposed capital improvement program for parks, assigning parks impact fee surcharge funds, including any accrued interest, to specific park improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same parks impact fee surcharge trust fund account until the next fiscal period, except as provided by the refund provisions of this division.

(4)

Funds may be used to provide refunds as described in this division.

(5)

The county may collect an administrative fee not to exceed three (3) percent or its actual costs, whichever is less, related collecting the fee and administering this division.

(d)

Roads:

(1)

Except as provided in this division or otherwise provided in a development agreement or development order, roads impact fee surcharge funds shall be used exclusively for the purpose of capital improvements to transportation facilities within the road network (as defined in this division) and as enumerated in the I-75/SR 50 PDD Area Plan. Funds shall be spent in the order collected. In no event shall funds be used for maintenance or operations.

(2)

In the event that bonds or similar debt instruments are issued for advanced provision of road capital improvements for which roads impact fee surcharges may be expended, roads impact fee surcharges 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 this division and are located within the expanded overlay district.

(3)

Each fiscal period the county administrator shall present to the board of county commissioners a proposed capital improvement program for roads, assigning funds, including any accrued interest, from the roads impact fee surcharge trust funds to specific road improvement projects. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the same roads impact fee surcharge trust funds account until the next fiscal period, except as provided by the refund provisions of this division.

(4)

Funds may be used to provide refunds as described in this division.

(5)

The county may collect an administrative fee not to exceed three (3) percent or its actual costs, whichever is less, related collecting the fee and administering this division.

(Ord. No. 2007-16, § 1, 9-12-07)