§ 70-37. Trust funds; use of funds.

(a)

Trust funds. There is hereby established a fire/rescue service impact fee trust fund and is incorporated in this article by reference. Subsequent to the adoption of the ordinance from which this article is derived, should any parcel or area of land located within the unincorporated area of Volusia County be annexed into a municipality which, at the initial effective date of the ordinance from which this article is derived, was located within an adjacent unincorporated area of Volusia County, the boundaries of the municipality shall be deemed amended as of the date of annexation so as to include the land annexed within the municipality. Such amendment shall be for the purposes of this article only and shall not affect any prior payment of fees or expenditure of funds attributable to the annexed property.

(b)

Use of funds; administrative fee.

(1)

The fire services administrator shall, each fiscal year, prepare a preliminary capital improvement program for facilities to be funded from the fire/rescue service impact fee trust fund. The county manager shall present to the county council the proposed capital improvement program in the capital improvement element of the comprehensive plan for fire/rescue facilities, assigning funds, including any accrued interest, from the fire/rescue service impact fee trust fund to specific improvements and related expenses. Moneys, including any accrued interest, not assigned in any fiscal period shall be retained in the fire/rescue service impact fee trust funds until the next fiscal period except as provided by the refund provisions of this article.

(2)

Funds shall be used exclusively for capital improvements, or expansion, or equipment within the unincorporated area of Volusia County or appropriate municipalities from which funds were collected. Funds shall be deemed expended in the order in which they are collected.

(3)

The county shall be entitled to collect and retain a three percent administrative fee, which is in addition to the fee otherwise owed. This fee is collected to offset the costs of administering this article.

(Ord. No. 89-22, § 106.00, 5-4-89; Ord. No. 91-29, § XVI, 10-17-91; Ord. No. 93-6, 3-4-93; Ord. No. 98-13, § V, 7-23-98; Ord. No. 01-16, § 6, 8-2-01)