(A)   Every person carrying out a residential development in an area where school overcrowding has been determined to exist, shall pay a facilities fee for each elementary and junior high school student and an additional facilities fee for each senior high school student generated by the development.  The amount of the facilities fee per student shall be set by resolution of the city council after consultation with the affected school districts, and shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary, junior high and high school facilities and shall be reasonably related and limited to the need for schools caused by the residential development.  However, fees shall not exceed the amount necessary to pay five annual lease payments for interim facilities prorated per student.  The fee shall be paid at the time of the issuance of a building permit, or when none is required, before occupancy of an existing structure as a condominium or for residential purposes.
   (B)   In lieu of the payment of fees, the builder of the residential development may, at his or her option and at his or her expense, provide interim facilities, owned or controlled by the builder, at the place designated by the school district, and at the conclusion of the fifth school year the builder shall, at the builder's expense, remove the interim facilities from that place.
(`64 Code, Sec. 27-77.13)  (Ord. No. 1781)