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HomeMy WebLinkAbout051 - 05/21/1996 - AMENDING CITY CODE PERTAINING TO THE IMPOSITION OF CERTAIN CAPITAL IMPROVEMENT EXPANSION FEES ORDINANCE NO. 51, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 OF THE CITY CODE BY THE ADDITION OF A NEW ARTICLE VI PERTAINING TO THE IMPOSITION OF CERTAIN CAPITAL IMPROVEMENT EXPANSION FEES WHEREAS,the City of Fort Collins is a home rule municipality having the full right of self- government in local and municipal matters under the provisions of Article XX, Section 6 of the Colorado Constitution; and WHEREAS, among the home rule powers of the City is the power to regulate, as a matter of purely local concern, the development of real property within the City; and WHEREAS, the City of Fort Collins' Comprehensive Plan shows that the rate of future growth and development in Fort Collins will require a substantial expansion in capital library, community park, police, fire, and general government facilities, and related capital equipment, if its level of service standards for such facilities and equipment are to be maintained; and WHEREAS, the City Council has determined that future growth and new development should contribute its proportionate share of providing such capital improvements; and WHEREAS, the adoption of capital improvement expansion fees that contribute this proportionate share would assist in the implementation of this policy and the City's Comprehensive Plan; WHEREAS, the City Council has broad legislative discretion in determining the appropriate funding mechanisms for financing the construction of public facilities in the City; and WHEREAS,the City Council has determined that it would be in the best interests of the City to establish certain capital improvement expansion fees to help defray the capital cost of expanding the foregoing public facilities and improvements, in order to accommodate new development in the City. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council hereby makes the following findings of fact: a. The City is responsible for and committed to the provision of public facilities and services at levels necessary to protect the health, safety and welfare of the residents of the City and to enhance their quality of life, within the financial means of the City. b. The provision of facilities and services to existing residences and business in the City is an expense that should appropriately be funded by the City using such general revenues, special taxes and assessments as may be approved from time to time by the City Council for such purposes. C. New residential and non-residential development in the City causes increased and excessive demands on existing City facilities and services, including, without limitation, general governmental services, library services, police and fire protection services and community parks. d. Planning projections indicate that such new development will continue and will place ever increasing demands on the City to provide such necessary public facilities and services. e. It is necessary and advisable in the public interest to ensure that new development does not negatively impact the provision of municipal services. f. Relying upon existing revenue sources to fund the expansion of capital improvements necessary to offset the impacts of new development will result in a reduction in levels of services for existing city residents. g. To the extent that new development places demands on the public facility infrastructure of the City, those demands should be satisfied by revenues derived from the developments actually creating such demands. h. The City presently requires new development to pay certain fees to offset the impacts of such new development on the City's neighborhood parks, utilities and street system. i. It is necessary and desirable in the interests of the City to develop a rational system for identifying other growth-related costs incurred by the City in providing new and expanded capital improvements made necessary by expanded population levels and to develop a fee structure directly related to such costs and to provide a method for the collection of such fees. j. The City Council has carefully considered local and national studies which establish existing levels of service for general governmental services, library services,police and fire protection services and community parks;which demonstrate the projected rate of expansion of the related capital facilities which will be necessary in order to maintain those existing levels of service as the City's population increases; and which further establish a rational method for allocating the cost of funding such capital improvements. 2 k. It is in the best interests of the City and its residents and necessary for the preservation of the City's health, safety and welfare, to impose upon residential and non-residential development in the City certain additional fees to finance the construction of the public facilities referred to above, so as to recover from the developers of real property in the City their fair and proportionate share of the cost of expanding said public facilities to accommodate the increase in demands imposed upon the same by such new development. 1. The capital improvement expansion fees for library facilities and parklands should be assessed solely against residential properties, since the impacts of new development on those facilities derive primarily from the increase in City population. M. The capital improvement expansion fees for police and fire protection and general governmental services should not be assessed solely against residential properties, since the impacts of new development on such services, derive not only from the increase in population but also from the nature of the developed use of property. n. Having considered the size of the City, as well as the kinds of capital improvements to be funded by the foregoing capital improvement expansion fees,the City Council hereby finds that the revenues from such fees may be expended anywhere within the boundaries of the City and that such expenditure will ensure that feepayers receive sufficient benefit from the payment of such fees. Section 2. That Chapter 29 of the City Code is hereby amended by the addition of a new Article VI to read as follows: ARTICLE VI. CAPITAL IMPROVEMENT EXPANSION FEES DIVISION 1. GENERALLY Sec. 29-691. Intent. The provisions of this Article are intended to impose certain fees to be collected at the time of building permit issuance in an amount calculated as shown herein for the purpose of funding the provisions of additional capital improvements as the City's population increases. The imposition of said fees is intended to regulate the use and development of land by ensuring that new growth and development in the City bear a proportionate share of the costs of capital expenditures necessary to provide community park, library, police,fire, and general government capital improvements. Said fees shall not be used to collect more than is necessary to fund such capital improvements. The fees provided for in this Article are based on the city's Capital 3 Improvement Expansion Cost Study, dated May 21, 1996, as amended, which establishes a fair and equitable allocation of costs and recognizes past and future payments for new development, as well as credits for construction, dedication of land, or cash contributions. Funds collected from said fees shall not be used to remedy existing deficiencies,but only to provide new capital improvements which are necessitated by new development. The amount of revenue generated by said fees shall not exceed the cost of providing the capital improvements for which they are imposed, and the same shall be expended solely to provide the specified capital improvements. Sec. 29-692. Definitions. When used in this Article,the following words and terms shall have the following meanings: Building permit shall mean the permit required for new construction and additions pursuant to Sec. 29-5(a) of the Code. The term building permit, as used herein, shall not be deemed to include permits required for remodeling, rehabilitation or other improvements to an existing structure or rebuilding a damaged or destroyed structure unless: (a) in the case of a residential use, such remodeling, expansion or improvement results in the creation of one or more new dwelling units, or (b) in the case of a commercial or industrial use, such remodeling, expansion or improvement increases the gross square footage of the existing structure(s). Capital improvements shall mean the purchase or long-term lease or lease-purchase of real property, the construction of public facilities, or the purchase or long-term lease or lease-purchase of equipment or materials needed to facilitate the operation of such facilities or the delivery of services therefrom, to the extent that such property, improvements, equipment or materials are identified in the city's capital improvements plan as being totally or partially financed by the imposition of capital improvement expansion fees. For the purposes of this provision, long-term lease or lease-purchase shall mean a lease or lease-purchase of not less than five (5), subject to annual appropriation. Amounts expended for capital improvements shall include amounts that are treated as capitalized expenses according to generally accepted accounting principles and shall not include costs associated with the operation, administration, maintenance or replacement of capital improvements. Capital improvements plan shall mean that part of the city's Comprehensive Plan which contains: (a) Standards for levels of service for the specified capital improvements; 4 (b) Proposed cost estimates and funding sources for such capital improvements; and (c) A proposed schedule for the acquisition and/or construction of such capital improvements. Commercial development shall mean any development approved by the city,except development approved for residential, industrial and/or light industrial use. Developed parcel shall mean that portion of a site which is approved by the city for development. Development shall mean any man-made change to improved or unimproved real property. Feepayer shall mean a person or entity who is obligated to pay a fee in accordance with the provisions of this Article. Industrial development shall mean any development approved by the city for industrial or light industrial use. Residential development shall mean any development approved by the city for residential use. Site shall mean the land on which development takes place. See. 29-693. Calculation of capital improvement expansion fees. For each category of capital improvements for which a capital improvement expansion fee is established under the provisions of this Article, the amount of each such capital improvement expansion fee shall be determined on a per dwelling unit basis according to the gross floor area of each such dwelling unit (in the case of residential development) or on the basis of each square foot of new construction (in the case of commercial or industrial development). The amount of the fee will be increased annually according to the Denver-Boulder Consumer Price Index for Urban Consumers, as published by the Bureau of Labor Statistics. 5 Sec. 29-694. Imposition, computation and collection of fees. Payment of the fees imposed under the provisions of this Article shall be required as a condition of approval of all development in the city for which a building permit is required. The amount of such fees has been calculated using current levels of service and the data and methodologies described in Capital Lmprovement Expansion Cost Study, dated May 21, 1996, as amended. The fees due for such development shall be payable by the feepayer to the Building Permits and Inspector Division Director prior to or at the time of issuance of the first building permit for the property to be developed,unless an agreement has been executed by the city which provides for a different time of payment. If the building permit for which a fee has been paid has expired, and an application for a new building permit is thereafter filed, any amount previously paid for a capital improvement expansion fee and not refunded by the city shall be credited against any additional amount due under the provisions of this Article at the time of application for the new building permit. Sec. 29-695. Offsets and credits. (a) The city shall offset the reasonable costs of any capital improvements constructed,or real property dedicated,by or on behalf of any property owner or developer of real property from whom a fee is due and payable under this Article for that category of capital improvement, pursuant to the following requirements and any additional administrative regulations that may be established by the City Manager: (1) No offset or credit shall be given for the dedication or construction of capital improvements not shown on the city's capital improvements plan,unless otherwise agreed to by the city. (2) No offset or credit shall exceed the amount of the applicable fee(s) due from the property owner or developer; provided, however, that if the amount of the credit or offset due from the dedication or construction of a capital improvement is calculated to be greater than the amount of the fee due, nothing herein shall be construed as preventing the city from entering into a reimbursement agreement with the property owner or developer under other applicable provisions of this Code, whereby said property owner or developer may be reimbursed by subsequent 6 property owners benefitting from the dedication or construction. (3) If an offset or credit has not been exhausted within ten (10)years of the date of issuance of the first building permit for which a fee was due and payable under the provisions of this Article,or within such other period as may be designated in writing by the city, such offset or credit shall lapse. (4) A property owner or developer claiming entitlement to an offset or credit shall apply for the same prior to or at the time of application for the issuance of any building permit for the development in question, which application shall be on a form provided by the city for such purpose. Upon receipt of such application, the Financial Officer shall determine, in writing,the maximum value of the offset or credit that may be applied against fees due and payable from the applicant. (b) Any offset or credit claimed under the provisions of this section shall be applied in the following manner: (1) In the case of residential developments, the offset or credit shall be prorated among all residential structures in which the offset or credit is to be applied, and shall be applied at the time of filing and acceptance of the application for the building permit for each such structure. (2) In the case of commercial and industrial development, the offset or credit shall be applied to the fees due under the provisions of this Article at the time of issuance of the first building permit for such development,and thereafter to all subsequently issued building permits until the offset or credit has been exhausted. (c) In his or her sole discretion, the City Manager may authorize alternative credit or offset agreements upon petition by a property owner or developer, in accordance with established administrative guidelines. 7 Sec. 29-696. Establishment of accounts. The Financial Officer shall establish separate accounts for each of the fees imposed under the provisions of this Article, into which shall be deposited all fees collected for each such category of capital improvement. Interest earned on each such account shall be considered funds of the account and shall be used solely for the purposes authorized for such funds as provided herein. The Financial Officer shall establish adequate financial and accounting controls to ensure that fees disbursed from each such account are utilized solely for the purposes authorized. Sec. 29-697. Use of fee proceeds. (a) The fees collected for each category of capital improvement specified in Division 2 of this Article shall be used to finance or to recoup the costs of any capital improvements identified in the applicable capital improvements plan, which costs may include, without limitation, design, surveying and engineering fees; the cost of purchasing or leasing real property; construction costs; other capital improvement costs; and the costs of administering the capital improvement expansion fee program.The proceeds of such fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance such capital improvements. The City shall be entitled to retain four (4) percent of the fees collected under this Article to cover the costs associated with the collection of the same, and the administration, investment, accounting, expenditure, and auditing of the funds collected. (b) Fees collected under the provisions of this Article shall not be used to pay for any of the following expenses: (1) Costs incurred for the construction, acquisition or expansion of capital improvements or assets other than those identified in the applicable capital improvements plan; or (2) Costs incurred for the repair or maintenance of existing or new capital improvements or facilities expansions; (3) Costs incurred for the ongoing administration or operation of the funded capital improvements. 8 (c) Annually, the City Manager shall present to the City Council a proposed capital improvement program for each capital improvement for which a capital improvement expansion fee is charged. Such program shall assign funds, including any accrued interest,from the several capital improvement expansion fee accounts to specific capital improvement projects and related expenses. Sec. 29-698. Appeals. (a) Any property owner or developer may appeal the following decisions to the City Manager,pursuant to such administrative hearing process as may be established by the City Manager: (1) The applicability of any fee to the development; (2) The amount of any such fee; (3) The availability, amount or application of any offset or credit; or (4) The amount of any refund, as determined by the Financial Officer, under the provision of Section 29- 700 below. (b) The burden of proof in any such hearing shall be on the applicant to demonstrate that the amount of fee or offset or credit was not properly calculated by the city. In the event of an appeal of the amount of a fee, the feepayer shall, at his or her expense,prepare and submit to the City Manager an independent fee calculation study for the fee in question. The independent fee calculation study shall follow the methodologies used in the Capital Improvement Expansion Cost Studv, dated May 21, 1996, as amended. The independent fee calculation study shall be conducted by a professional in impact analysis. The burden shall be on the feepayer to provide the City Manager all relevant data, analysis and reports which would assist the City Manager in determining whether the capital improvement expansion fee should be adjusted. (c) All appeals must state with specificity the reasons for the appeal and shall contain such data and documentation upon which the applicant seeks to rely. The City Manager shall notify the applicant of the hearing date on the application, which notice shall be given no less than fifteen (15) working days prior to the date of the hearing. At the hearing, the City Manager shall provide the applicant and city staff an opportunity to present testimony and 9 evidence regarding the fee, credit, offset or refund being appealed. The City Manager shall modify said amount only if there is substantial competent evidence in the record that the city erred, based upon the methodologies contained in the CLapital Improvement Expansion Cost Studv, dated May 21, 1996, as amended. The decision of the City Manager shall be final. Sec. 29-699. Entitlement to Refunds. (a) All fees collected pursuant to this Article shall be appropriated by the City Council for expenditure within seven (7) years from the date of payment of such fees and shall be expended by the city for purposes approved herein within ten (10) years of the date of payment. Any fees not so appropriated or expended shall be refunded, upon application, to the record owner of the property for which the impact fee was paid or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund;provided,however, that the city shall retain an additional two (2) percent of the fee to offset the cost of refund. (b) In determining whether fee revenues have been appropriated or expended within the requisite periods of time specified in subparagraph (a), monies in the applicable capital improvement expansion fee accounts shall be considered to be appropriated and expended on a first in, first out basis; that is, the first fees paid shall be considered the first fees appropriated and expended. (c) Any application for a refund under the provisions of this Section shall be made within one hundred eighty (180) days of the expiration of the ten (10) year period following the date of payment of such fee, according to the procedures described in Sections 29-698 and 29-700. If a refund is due hereunder, the amount of such refund shall be divided proportionately among all applicants for refunds who have filed applications during said one hundred eighty (180) day period; provided, however, that in no event shall the amount of any refund exceed the amount of the fee paid on behalf of the property for which the refund is sought, plus interest at the rate of five percent (5%) per annum. Sec. 29-700. Procedure to obtain refund. 10 (a) All applications for refund under this Article shall be submitted to the Financial Officer. Each application shall be in a form established by the Financial Officer, and shall contain the following: (1) A copy of the dated receipt issued for payment of the fee; (2) A notarized, sworn statement that the applicant is the current owner of the real property for which the fee was paid and a certified copy of the current deed to such property. (b) The Financial Officer shall determine if the application for a refund is sufficient on its face within five (5) working days. If the Financial Officer determines that the application is not sufficient, a written notice shall be mailed to the applicant within said period of time specifying the deficiencies. No further action shall be taken on the application until the deficiencies are remedied. Any such deficiencies must be remedied within twenty (20) days of the date of mailing of the notice from the Financial Officer, or prior to the expiration of the period of time for filing an application for a refund under Section 29-699(c), whichever is later. If the application is determined sufficient, the Financial Officer shall notify the applicant, in writing, of the application's sufficiency and that the application is ready for review pursuant to the procedures and standards of this section. (c) Within ten (10) working days after the application is determined sufficient, the Financial Officer shall determine whether the city has appropriated and expended the fee(s)paid by the feepayer within the periods of time required under Section 29-699(a). If so, the application for refund shall be denied. If not, the applicant shall be entitled to a refund, except that the city shall retain an additional two (2) percent of the impact fee to offset the costs of administering the refund. (d) The decision of the Financial Officer with regard to any refund may be appealed to the City Manager under the provisions of Section 29-698. 11 DIVISION 2. PARTICULAR PUBLIC FACILITIES Sec. 29-701. Library capital improvement expansion fee. (a) There is hereby established a library capital improvement expansion fee which shall be imposed pursuant to the provisions of this Article for the purpose of funding capital improvements related to the provision of general library services, as such improvements may be identified in the capital improvements plan for library services. Such fee shall be payable prior to the issuance of any building permit for a residential structure. The amount of such fee shall be determined per dwelling unit as follows: 700 sq. ft. and under $ 133.00 701 to 1200 sq. ft. $ 197.00 1201 to 1700 sq. ft. $ 230.00 1701 to 2200 sq. ft. $ 263.00 2201 sq. ft. and over $ 322.00 In the case of duplexes and multi-family structures,the amount of the fee for each dwelling unit shall be based upon the average size of the dwelling units contained within each such structure. (b) All fees collected under this Section shall be deposited into a separate account within the Capital Improvement Expansion Fund to be known as the "Library Capital Improvement Expansion Account." This account shall be an interest bearing account, and any interest income earned on the fees shall be credited to the account. Funds withdrawn from the Library Capital Improvement Expansion Account shall be used only for the purposes specified in subparagraph (a) of this Section and said expenditures shall be subject to the provisions of this Article. Sec. 29-702. Community parkland capital improvement expansion fee. (a) There is hereby established a community parkland capital improvement expansion fee which shall be imposed pursuant to the provisions of this Article for the purpose of funding capital improvements related to the provision of community parks, as such improvements may be identified in the capital improvements plan for community parkland. Such fee shall be payable prior to the issuance 12 of any building permit for a residential structure. The amount of such fee shall be determined per dwelling unit as follows: 700 sq. ft. and under $ 540.00 701 to 1200 sq. ft. $ 800.00 1201 to 1700 sq. ft. $ 934.00 1701 to 2200 sq. ft. $ 1,069.00 2201 sq. ft. and over $ 1,308.00 In the case of duplexes and multi-family structures,the amount of the fee for each dwelling unit shall be based upon the average size of the dwelling units contained within each such structure. (b) All fees collected under this Section shall be deposited into a separate account within the Capital Improvement Expansion Fund to be known as the "Community Parkland Capital Improvement Expansion Account." This account shall be an interest bearing account, and any interest income earned on the fees shall be credited to the account. Funds withdrawn from the Community Parkland Facilities Account shall be used only for the purposes specified in subparagraph (a) of this Section and said expenditures shall be subject to the provisions of this Article. Sec. 29-703. Police capital improvement expansion fee. (a) There is hereby established a police capital improvement expansion fee which shall be imposed pursuant to the provisions of this Article for the purpose of funding capital improvements related to the provision of police services, as such improvements may be identified in the capital improvements plan for police services. Such fee shall be payable prior to the issuance of any building permit for a residential,commercial or industrial structure. The amount of such fee shall be determined as follows: Residential buildings (per dwelling unit) 700 sq. ft. and under $ 50.00 701 to 1200 sq. ft. $ 71.00 1201 to 1700 sq. ft. $ 84.00 1701 to 2200 sq. ft. $ 96.00 2201 sq. ft. and over $ 117.00 Commercial buildings (per 1000 square feet)$ 103.00 Industrial buildings (per 1000 square feet) $ 28.00 13 In the case of duplexes and multi-family structures, the amount of the fee for each dwelling unit shall be based upon the average size of the dwelling units contained within each such structure. (b) All fees collected under this Section shall be deposited into a separate account within the Capital Improvement Expansion Fund to be known as the"Police Capital Improvement Expansion Account" This account shall be an interest bearing account, and any interest income earned on the fees shall be credited to the account. Funds withdrawn from the Police Capital Improvement Expansion Account shall be used only for the purposes specified in subparagraph (a) of this Section and said expenditures shall be subject to the provisions of this Article. Sec. 29-704. Fire protection capital improvement expansion fee. (a) There is hereby established a fire protection capital improvement expansion fee which shall be imposed pursuant to the provisions of this Article for the purpose of funding capital improvements related to the provision of fire services, as such improvements may be identified in the capital improvements plan for fire protection services. Such fee shall be payable prior to the issuance of any building permit for a residential, commercial or industrial structure. The amount of such fee shall be determined as follows: Residential buildings (per dwelling unit) 700 sq. ft. and under $ 55.00 701 to 1200 sq. ft. $ 78.00 1201 to 1700 sq. ft. $ 92.00 1701 to 2200 sq. ft. $ 106.00 2201 sq. ft. and over $ 129.00 Commercial buildings (per 1000 square feet)$ 113.00 Industrial buildings (per 1000 square feet) $ 31.00 In the case of duplexes and multi-family structures,the amount of the fee for each dwelling unit shall be based upon the average size of the dwelling units contained within each such structure. (b) All fees collected under this Section shall be deposited into a separate account within the Capital Improvement Expansion Fund to be known as the "Fire Protection Capital Improvement Expansion Account."This account shall be an interest bearing account, and any 14 interest income earned on the fees shall be credited to the account. Funds withdrawn from the Fire Protection Capital Improvement Expansion Account shall be used only for the purposes specified in subparagraph (a) of this Section and said expenditures shall be subject to the provisions of this Article. Sec. 29-705. General governmental capital improvement expansion fee. (a) There is hereby established a general governmental capital improvement expansion fee which shall be imposed pursuant to the provisions of this Article for the purpose of funding capital improvements related to the provision of general governmental services, as such improvements may be identified in the capital improvements plan for general governmental services. Such fee shall be payable prior to the issuance of any building permit for a residential, commercial or industrial structure. The amount of such fee shall be determined as follows: Residential buildings (per dwelling unit) 700 sq. ft. and under $ 92.00 701 to 1200 sq. ft. $ 130.00 1201 to 1700 sq. ft. $ 154.00 1701 to 2200 sq. ft. $ 177.00 2201 sq. ft. and over $ 215.00 Commercial buildings (per 1000 square feet)$ 167.00 Industrial buildings (per 1000 square feet) $ 46.00 In the case of duplexes and multi-family structures,the amount of the fee for each dwelling unit shall be based upon the average size of the dwelling units contained within each such structure. (b) All fees collected under this Section shall be deposited into a separate account within the Capital Improvement Expansion Fund to be known as the "General Governmental Capital Improvement Expansion Account" This account shall be an interest bearing account, and any interest income earned on the fees shall be credited to the account. Funds withdrawn from the General Governmental Capital Improvement Expansion Account shall be used only for the purposes specified in subparagraph (a) of this Section and said expenditures shall be subject to the provisions of this Article. Section 3. That Chapter 8, Article III of this Code is hereby amended so as to add the following new sections: 15 Sec. 8-92. The capital improvement expansion fund. There is hereby created a fund to account for the acquisition, construction and development of capital improvements as defined in Section 29-692. Revenues shall include all fees collected pursuant to Chapter 29, Article VI and expenditures shall be made solely for the purposes described therein. Sec. 8-93. The general governmental capital improvement expansion account. There is hereby created an account within the capital improvement expansion fund to account for the acquisition,construction and development of capital improvements related to the provision of general governmental services, as described in the capital improvements plan for general governmental services. Revenues shall include all fees collected pursuant Section 29-700(a). Expenditures shall be made solely for the purposes described in Section 29-700(b) and according to all other applicable provisions of Chapter 29, Article VI. Sec. 8-94. Library capital improvement expansion account. There is hereby created an account within the capital improvement expansion fund to account for the acquisition,construction and development of capital improvements related to the provision of library services, as described in the capital improvements plan for library services. Revenues shall include all fees collected pursuant Section 29-701(a). Expenditures shall be made solely for the purposes described in Section 29-701(b) and according to all other applicable provisions of Chapter 29, Article VI. Sec. 8-95. Community parkland capital improvement expansion account. There is hereby created an account within the capital improvement expansion fund to account for the acquisition,construction and development of capital improvements related to the provision of community parklands, as described in the capital improvements plan for community parkland. Revenues shall include all fees collected pursuant Section 29-702(a). Expenditures shall be made solely for the purposes described in Section 29-702(b) and according to all other applicable provisions of Chapter 29, Article VI. Sec. 8-96. Police capital improvement expansion account. There is hereby created an account within the capital improvement expansion fund to account for the acquisition,construction and development of capital improvements related to the provision of police services, as described in the capital improvements plan for police services. Revenues shall include all fees collected pursuant Section 16 29-703(a). Expenditures shall be made solely for the purposes described in Section 29-703(b) and according to all other applicable provisions of Chapter 29, Article VI. Sec. 8-97. Fire protection capital improvement expansion account. There is hereby created an account within the capital improvement expansion fund to account for the acquisition,construction and development of capital improvements related to the provision of fire protection services to city residents, as described in the capital improvements plan for fire protection. Revenues shall include all fees collected pursuant Section 29-704(a). Expenditures shall be made solely for the purposes described in Section 29-704(b) and according to all other applicable provisions of Chapter 29, Article VI. Section 4. That Chapter 23,Article VIU, Division 3, is hereby amended so that the title of said Division shall read "Acquisition and Development of Neighborhood Parks," and so that Section 23-227(a) and Section 23-228 shall read in their entirety as follows: Sec. 23-227. Collection of fee for utility service. (a) Hereafter,no original permanent connection for utility service shall be permitted by the city for any dwelling unit outside or inside the limits of the city until a fee of eight hundred thirteen dollars ($813.) per dwelling unit connected is paid to the Financial Officer. All such payments shall be deposited by the Financial Officer in the fund created in § 8-80. Only one (1) fee of eight hundred thirteen dollars ($813.) shall be charged for any dwelling unit. No additional fee for acquisition and development of neighborhood parks shall be charged for additional utility connections to the same dwelling unit. If any structure already connected to a city utility is remodeled so that the number of dwelling units within such structure is increased, an additional fee of eight hundred thirteen dollars ($813.) for each additional unit added in the structure shall be payable by the property owner and collected before the building permit for such remodeling is issued. Sec. 23-228. Dedication of land in lieu of fee. In lieu of the payment of any fees required in this Division, an owner of lands may negotiate with the city for the dedication of lands to be used for neighborhood park purposes. If a satisfactory agreement is reached for the dedication of such lands, the price established for such lands may be credited on the fees to be charged under this Division and the agreement reached between the parties shall be set forth in writing and kept on file in the office of the City Clerk. Similarly, a credit on the fees to be 17 charged under this Division may be given on account of the development of lands dedicated for neighborhood park purposes in such amount as may be negotiated for and agreed upon between the city and any developer. Nothing contained in this Section shall be construed to cancel or annul any agreement heretofore entered into by the city concerning the dedication of parkland and credits on fees of the type established by this Division, and all such agreements shall continue in full force and effect, and any credits remaining under such agreement shall apply toward the fee assessed by this Division. Section 5. That Section 8-80 of the Code is hereby amended so as to read in its entirety as follows: Sec. 8-80. Neighborhood parkland fund. There is hereby created a fund to account for the acquisition, development and administration of neighborhood parks known as the neighborhood parkland fund. Revenues shall include neighborhood parkland fees collected pursuant to § 23-227. Expenditures shall be made for approved purposes for the acquisition, development and administration of neighborhood parks, including purchases of new or replacement park site equipment and plantings. Section 6. That the provisions of this Ordinance are hereby found and declared to be in furtherance of the health, safety, welfare and convenience of the citizens of the City and the same shall be liberally construed so as to effectively carry out the purposes of this Ordinance. Section 7. Should any sentence, section, clause, part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part declared to be invalid. Section 8. The fees imposed under the provisions of this Ordinance shall take effect on July 1, 1996,and shall not apply to any complete applications for building permits filed with the City on or before June 28, 1996. 18 Introduced, considered favorably on first reading, and ordered blished this 16th day April, A.D. 1996, and to be presented for final passage on the 21 ay May, A.D. 19 . yor ATTEST: City Clerk Passed and adopted on final reading this 21st day of Ma , .D� 14996. Mayor ATTEST: City Clerk 19