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Ordinance No. Page 6 3.22.080 Use of funds. The fees paid pursuant to this chapter shall, except for temporary investments, be placed in a separate fund in a manner to avoid commingling of the fees with other revenues or funds of the city, and shall be used solely for the purpose of acquiring and constructing the public facilities identified by the city council in the capital facilities master plan or facilities included in the city's capital improvement program. Any interest income earned on the fund shall also be deposited therein and shall only be expended for the purposes set forth in this section. 3.22.090 Refunds. Refunds may be made where: A. Development has ceased, the building permit has expired and no extensions have been granted, or if granted, the extension(s) has expired; as to a development for which the fee required under this chapter has been collected; provided that the claim for such a refund is filed no later than six months after the expiration date of the building permit, or any extension thereof as may have been approved by the city, as the case may be; or B. A refund is specifically authorized by resolution of the city council adopted pursuant to Government Code Section 66001(d). Such amounts shall be refunded by the city to the then- current record owners of the development on a prorated basis. The city may effect such refunding by direct payment, or by providing credit towards future public capital facilities fees, or by any other means consistent with the intent of Government Code Section 66001. 3.22.100 Appeals. A developer may appeal to the city council any determination made pursuant to this chapter. All appeals shall be in a form prescribed by the community development director and shall be filed within 15 days of the date of mailing to the developer any written notice of the applicable determination. Any appeal not filed within such period shall be deemed waived. The city council shall set the matter for hearing within 45 days of the date of receipt by the city clerk of the notice of the appeal. 3.22.110 Expiration of fee. The fees required by this chapter shall expire when the public facilities are completed and all debt service related to such public improvements are paid and satisfied. 3.22.120 Supplementary provisions. It is the intent of the city council that the fees required by this chapter shall be supplementary to the fees, dedications or conditions imposed upon development pursuant to the provisions of the Subdivision Map Act, California Environmental Quality Act, and other state laws and city ordinances, policies or conditions which may authorize the imposition of fees, dedications or conditions thereon. 3.22.130 Severability. The provisions of this chapter shall not apply to any person, association, corporation or to any property as to whom or which it is beyond the power of the city to impose the fee provided in this chapter. If any sentence, clause, section or part of this chapter, or any fee imposed upon any person or entity is found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality or invalidity shall affect only such sentence,clause, section or part of this chapter, and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or other parts of this chapter, or its effect on other persons or entities. It is declared to be the intention of the city council that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section or part of this chapter had not been included herein; or had such person or entity been expressly exempted from the application of this chapter. To this end, the provisions of this chapter are severable.