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OR BK 4134 PG 1 92- <br /> 2of3 <br /> B. Funds may be :withdrawnfrom this account for:use solely in <br /> accordance with the provisions of Section VII of this Ordinance; provided, that the <br /> disbursement of such funds shall require approval of the City Manager. <br /> C. Any funds on deposit not immediately necessary for expenditure shall <br /> be invested in interest bearing sources. All income derived shall be deposited in the <br /> trust fund: <br /> D. Fees collected pursuant to this Ordinance may be returned to the then <br /> present owner if fees have not been encumbered by the end of the calendar quarter <br /> immediately following five (5)years from the date the fees were paid and expended <br /> in eight (8) years. Refunds shall be made in accordance with_the following <br /> procedures;.,..,.,..: .. . _ _.._.__.--._..-_._._... <br /> 1. The present owner must petition City Council forthe refund within <br /> one(1)year following the end of the eighth year from the date on which the <br /> fee was paid. - <br /> 2. The petition must be submitted to the City Manager, or his sdesignee, <br /> and must contain: <br /> a. a notarized sworn statement that the petitioner is the current owner of <br /> - he property; . - - <br /> b. a copy of the dated receipt issued for payment of the fee, or other <br /> evidence of payment acceptable to the City Manager or his designee; <br /> c. a certified copy of the latest recorded deed; and <br /> d. a copy of the most recent ad valorem tax bill. <br /> 3. Within three (3) months from the date of receipt of a petition for <br /> refund the City Manager, or his designee, will advise the petitioner-and"City Council <br /> of the status of the fee requested for refund. For the purposes of this Section, fees <br /> collected-shall be'deemed to be spent=on the basis ofthe firstfee,in l allbe the first <br /> fee out. In other words, the first money placed in the trust fund account shall be the <br /> first money taken out of that account when withdrawals have been made in <br /> accordance with subparagraph B above. <br /> 4. When the money requested is still in the trust fund account and has not <br /> been spent (encumbered) by the end of the calendar quarter immediately following <br /> eight (8) years from the"date the fees were paid, the money shall be returned with <br /> interest at the rate of six percent (6%) per annum. <br /> E. The fees collected pursuant to this Ordinance may be returned to the <br /> present owner if the land development activity generating traffic is cancelled due to <br /> non-commencement of construction before the funds have been committed or spent <br /> pursuant to Section VI. Refunds may be made in accordance with Sections VIII. D. <br />