§ 16-38. Report re disposition of park facility fee revenues; action re unappropriated revenues.

(a)

Report by the Chico Area Recreation and Park District: Commencing July 1, 1990, and on July 1 of each year thereafter, the Chico Area Recreation and Park District shall provide the board of supervisors with a report which sets forth the total amount of all park facility fee revenues that were received and deposited in the park fund in each fiscal year prior to the date of such report, the disbursements from said fund, and the amount which remains unappropriated as of the date of the report.

(b)

Action by the Board of Supervisors: Commencing with the fourth fiscal year following the first year of receipt of any revenues from park facility fees assessed and levied pursuant to the provisions of this article, and in each fiscal year thereafter, the board of supervisors, following receipt of the Chico Area Recreation and Park District's report, shall take one of the following actions with respect to any unappropriated park facility fee revenues in the park fund which were received and deposited in such fund four (4) or more years prior to the date of such report:

(1)

Order the appropriation of all or any part of such unappropriated park facility fee revenues for the acquisition and/or development of community park facilities and/or neighborhood park facilities in the manner hereinbefore provided by this article;

(2)

Make a finding with respect to all or any part of such unappropriated park facility fee revenues which identifies the purpose to which the revenues are to be put and which demonstrates a reasonable relationship between the fees from which the revenues are derived and the purpose for which they were charged; or

(3)

Order the refund of all or any part of such unappropriated park facility fee revenues, together with any interest accrued thereon, to the current owner of any property for which fees were paid; provided, however, that if the administrative costs of refunding such park facility fee revenues exceed the amount to be refunded, the board of supervisors, after considering the matter at a public hearing, notice of which is given in the manner provided for by section 66001(e) of the California Government Code, may order the appropriation of such revenues for any other facility or improvement for which development fees are charged or otherwise imposed pursuant to this Code and which the board of supervisors determines will benefit the properties for which the park facility fees were paid.

(Ord. No. 2750, § 1, 5-23-89)