§ 17-51. Use of mobility fee funds.

(a)

Amounts on deposit in the mobility fee funds shall be used by the county solely for the capital expenses of transportation facilities, or portions thereof, that are located in the unincorporated area of the corresponding mobility fee district, included in the county's capital improvement plan or comprehensive plan, and benefit new development located within the corresponding mobility fee district. Amounts on deposit in the mobility fee funds shall not be used for any expenditure that would be classified as a transportation operation and maintenance expense. Mobility fee funds shall not be utilized to purchase or buy-back mobility fee credits.

(1)

If the capital expenses of a transportation facility will be fully paid from a mobility fee fund, the county manager shall make a written determination that

a.

The demand for the transportation facility is reasonably attributable to new development in the mobility fee district from which the mobility fees have been collected, and

b.

The transportation facility will not alleviate an existing deficiency in the county's transportation network.

(2)

If a portion of the demand for the transportation facility is reasonably attributable to new development in the mobility fee district from which the mobility fees have been collected and a portion of the transportation facility will alleviate an existing deficiency in the county's transportation network, the county manager shall make a written determination of the percentage of the transportation facility attributable to new development and that percentage of the capital expenses (but not the deficiency portion) may be paid from the mobility fee fund.

(b)

Any expenditure from a mobility fee fund not specifically authorized by this division shall be repaid to the mobility fee fund from lawfully available revenue of the county.

(Ord. No. 2015-22, § 1, 3-16-15)