Ordinances-2006-278

2006- 278 pg. 2 2. The method of financing existing public capital facilities; 3. The extent to which the new development has already contributed to existing public capital facilities; 4. The extent of future contributions of the new development, i. e., user charges; 5. Whether the Developer may be entitled to a credit against all or a portion of the fee imposed hereunder on account of the nature of a particular public facility and its use in common with others not a part of the new development; 6. Unusual costs associated with providing services to the new development; Section o4: PAYMENT OF FEE. The Developer shall pay the recoupment fee prior to the issuance of a building permit. Section o5: USE, OF FUNDS. Funds collected hereunder shall be used solely for the purpose of acquiring, equipping, or making improvements to public capital facilities under the jurisdiction and control of the City. Funds collected hereunder shall not be used for maintenance or operations. In the event that bonds or similar debt service instruments are issued for advance provision of capital facilities for which recoupment fees could have been expended, fees collected hereunder may be- used to pay debt service on such bonds or debt instruments. Section o6: CREDITS. Instead of the payment of all or a portion of a fee hereunder, and at the sole discretion of the Council, a Developer may dedicate land to the City. The amount and location of the land will be determined through negotiation. Merchantable title to such land must pass to the City prior to the issuance of a building permit. Section o7: Penalty Provision. The city may elect, at its sole discretion, to prosecution any violation either as simple misdemeanor or as a municipal infraction. jtr 4