17.08.385 PUBLIC LIBRARY FACILITIES SERVICES AREAS — PAYMENT OF FEES REQUIRED.
   .010   Where the City Council finds that, upon development of an undeveloped or substantially undeveloped area of the City, said area cannot be adequately or properly served by existing public library services, the City Council may by resolution establish a public library services plan for the providing of public library services for said area. Said public library services plan shall establish the boundaries of the area of benefit, the actual or estimated cost of said public library services, and the method of apportionment of the cost of said services. The term "public library services " as used herein shall include the land, structures, equipment, collections, and any other items as determined by the City Council to be reasonably necessary to provide adequate public library services for the area of benefit.
   .020   The City shall require a subdivider or developer of property (hereinafter referred to jointly as "subdivider") to pay such fees as established in the public library services  plan, as a condition of approval of any final map or parcel map having boundaries wholly or partly within an established area of benefit or, in the event said property is to be developed without subdivision, as a condition of issuance of building permits for such development; provided, however, in the event such fees are, in whole or part, imposed upon or measured by any buildings, including but not limited to, the number, type or size of such buildings, to be constructed upon property within an established area of benefit, such fees shall be required to be paid prior to, and as a condition of, issuance of building permits for any such building. The term "building" as used herein shall have the same meaning as set forth in the Uniform Building Code adopted pursuant to Title 15 of this Code.
   .025   Notwithstanding the requirements of subsection .020 of this section, in the event the subdivider or developer of property enters into an agreement with the City prior to the date payment of said fees would otherwise be required pursuant to subsection .020 of this section, and such agreement provides for a payment date different from the date otherwise specified in subsection .020 of this section, payment of said fees shall be required at the time specified in said agreement.
   .030   The City, at its sole discretion, may accept considerations consistent with, or necessary for, implementation of said public library services plan in lieu of the payment, in whole or part, of fees otherwise required by this section. Said considerations may include, but are not limited to, the dedication of land to the City as a public library site.
   .040   All fees collected by the City pursuant to this section shall be deposited in a public library services fund. A separate fund shall be established for each area of benefit within a public library services plan. Moneys in such fund shall be expended solely for the construction, equipping and supplying of said services, as set forth in said public library services plan, or to reimburse the City for the cost thereof, except that any funds remaining in, or accruing to, said fund following payment of all of the aforesaid costs and expenses may be used by the City for the maintenance, repair, staffing or other costs directly relating to said services. The term "construction" as used herein shall include design, acquisition of land, administration of construction contracts, and actual construction costs. (Ord. 4482 § 1; February 21, 1984; Ord. 4546 § 1; October 16 1984; Ord. 4993 § 1; (part); February 7, 1989; Ord. 5966 § 29; April 26, 2005.)