§ 159.107. Accounting and Use of Funds.

(A)

All funds collected from road impact fees shall be used solely for capital improvements listed in the Road Program, as may be amended. The road impact fee amounts collected may include an additional charge not to exceed three (3) percent to offset the costs of administering, updating, maintaining and enforcing this article. The charge shall be based on actual costs. The charge may be established by resolution of the City Council as necessary to conform to this paragraph. Any such administrative charge imposed by the City is in addition to the impact fees due, is nonrefundable, is payable at the time of payment of impact fees, and may include, but is not limited to, costs associated with consultants, administrative staff, equipment, software, and other associated expenses.

(B)

The City shall ensure that payers of the road impact fee receive benefit of funds collected, consistent with the requirements of Florida case law on impact fees. All expenditures of impact fee funds shall be consistent with the principles set forth in Contractors and Builders Association v. City of Dunedin, 329 So. 2nd 606 (Fla. 1976), Hollywood, Inc., v. Broward County, 446 So. 2nd 606 (Fla. 4th DCA 1983), and Home Builders and Contractors Association of Palm Beach County, Inc. v. Board of County Commissioners of Palm Beach County, 446 So. 2nd 140 (Fla. 4th DCA 1984), cert. denied, 451 So. 2nd 848 (Fla. 1984).

(C)

All road impact fee funds collected by the City shall be placed in an interest bearing separate accounting fund until such time as the expenditures authorized by this article will take place. Interest proceeds from these funds will accrue to the separate accounting fund. Road impact fee funds shall be used only for those capital improvements specified in the Road Program. Road impact fees shall not be used for periodic or routine maintenance as defined in F.S. § 334.03(19) and (24).

(D)

Audits of the City performed pursuant to F.S. § 218.39, shall include an affidavit from the chief financial officer of the City stating that the City has complied with F.S. § 163.31801.

(Ord. No. 05-87, § 7, 6-20-05; Ord. No. 13-26, § 2, 5-28-13)

Editor's note

Ord. No. 13-26, § 2, adopted May 28, 2013, amended the title of § 159.107 to read as set out herein. Previously § 159.107 was titled trust account and use of funds.