§ 56-67. Use of monies.

(a)

The board hereby creates the "correctional facilities impact fee trust account," which shall be maintained separate and apart from all other county accounts.

(b)

Correctional facilities impact fees shall be deposited into the correctional facilities impact fee trust account immediately upon receipt.

(c)

Funds on deposit in the correctional facilities impact fee trust account, as established in subsection (a) above, shall be used solely for the purpose of providing growth-necessitated capital improvements to the county's correctional facilities, including, but not limited to:

(1)

Design and construction plan preparation;

(2)

Any permitting or application fees necessary for the construction;

(3)

Site development and on-site and off-site improvements incidental to the construction thereto;

(4)

Fees for professional services, including but not limited to architecture, engineering, surveying, landscaping, soils and material testing, legal, appraisals and construction management;

(5)

Land acquisition, including any cost of acquisition or condemnation;

(6)

Design and construction of new correctional facilities;

(7)

Design and construction of new drainage facilities required by the construction of correctional facilities or improvements thereto;

(8)

Relocating utilities required by the construction of correctional facilities or improvements or additions thereto;

(9)

Landscaping;

(10)

Construction management and inspection;

(11)

Surveying, soils and material testing;

(12)

Acquisition of apparatus or equipment required for the correctional facilities;

(13)

Repayment of monies borrowed from any budgetary fund of the county which were used to fund growth-necessitated capital improvements to correctional facilities as provided herein;

(14)

Costs relating to the administration, collection and implementation of the correctional facilities impact fee; and

(15)

Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the county to fund growth-necessitated improvements and additions to the correctional facilities subsequent to the effective date of this article.

(d)

The monies deposited in the correctional facilities impact fee trust account shall be used solely to provide capital improvements or additions to the correctional facilities as necessitated by growth as projected in the correctional facilities impact fee study and shall not be used for any expenditure that would be classified as a maintenance or repair expense. A report will be prepared annually by the county reflecting the collection and expenditures of correctional facilities impact fees by the county during the previous year.

(e)

Any correctional facilities impact fee funds on deposit which are not immediately necessary for expenditure shall be invested by the county. All income derived from such investments shall be deposited in the correctional facilities impact fee trust account and used as provided herein.

(f)

The county may retain up to one percent of all correctional facilities impact fees received or the actual costs of administration and collection, whichever is less, as an administrative fee to defray the costs of administering the correctional facilities impact fees.

(g)

The correctional facilities impact fees collected pursuant to this article shall be returned to the then current owner of the property on behalf of which such fee was paid, if such fees have not been expended or encumbered prior to the end of the fiscal year immediately following the eighth anniversary of the date upon which such fees were paid. Refunds shall be made only in accordance with the following procedure:

(1)

The then present owner shall petition the county for the refund within six months following the end of the calendar quarter immediately following eight years from the date on which the fee was received.

(2)

The petition for refund shall be submitted to the county manager and shall contain:

a.

A notarized sworn statement that the petitioner is the present owner of the property on behalf of which the correctional facilities impact fee was paid;

b.

A copy of the dated receipt issued for payment of the correctional facilities impact fee or such other record as would evidence payment; and

c.

A certified copy of the latest recorded deed or a copy of the most recent ad valorem tax bill.

(3)

Within 60 days from the date of receipt of a petition for refund, the county manager will advise the petitioner and the board of the status of the correctional facilities impact fee requested for refund, and if such correctional facilities impact fee has not been expended or encumbered within the applicable time period, then it shall be returned to the petitioner. For the purposes of this section, fees collected shall be deemed to be spent or encumbered on the basis of the first fee in shall be the first fee out.

(Ord. No. 2007-40, § 4.07, 10-18-2007)