819-02 Establish Wastewater Facility Connection Fees

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o BK 5173 F6 1007 9 of 14 interest-bearing accounts. All interest earned shall be retained in the Trust Fund Account. (d) Use of Funds Collected. The funds collected by reason of the City of Zephyrhills'Wastewater Facility Capacity Fees Ordinance, shall be used exclusively for the purpose of undertaking Wastewater Facilities Projects or for financing directly, or as a pledge against bonds, revenue certificates and other obligations of indebtedness, the project costs of the Wastewater Facilities Projects. SECTION 10. Refunds. (a) Upon application of the current property owner,the City shall refund the portions of the Capacity Fee of any Capacity Fee, which have been on deposit for more than five (5) years, and which remain unexpended, unless the City makes findings: (1) to identify the specific Wastewater Facilities Projects listed in the first two years of the current Capital Improvements Program, for which the Capacity Fee will be expended, and the year in which the Wastewater Facilities Projects will be constructed, and (2) to demonstrate a "rational nexus" between the Capacity Fee and the Waste Water Facilities Projects needed to serve the applicable Principal Use. (1) The current owner of the property must petition the City for the refund within one(1)year following the five(5)year period or extension thereof granted pursuant to subsection(a) of this section. The time for filing a refund petition shall run from the date on which the connection or Capacity Fee was paid. (2) The petition must contain the following information: (i) a notarized sworn statement that the petitioner is the current owner of the property; (ii) a copy of the dated receipt issued for payment of the connection or Capacity Fee; (iii) a certified copy of the latest recorded deed for the property; and (iv) a copy of the most recent ad valorem tax bill for the property. (b) Within one(1)month from the date of receipt of a petition for refund, the City shall advise the petitioner of the status of the refund request. If the petition for refund meets all of the requirements of this Section, the City shall issue the refund within three (3) months from the date of receipt of the petition for refund. (c) Refunds shall be paid with interest at the rate of 1.5%per annum. (d) Refunds requested pursuant to the cancellation or abandonment of a building permit must be submitted within six(6) months of the date of cancellation or abandonment of the building permit. Refund requests under this subsection are not required to submit petitions pursuant to subsection (a) of this section; however, adequate proof of entitlement to the refund must be provided to the Department. SECTION 11. Credits. (a) Any applicant subject to a Capacity Fee,pursuant to this Ordinance, who (1) elects to undertake all or a portion of an Off-Site Facilities Project, (2) at the request of the Department, constructs On-Site Facilities with capacity in excess of that required to serve