Gilroy Municipal Code Art. XIII Parks and Recreation Development Fund

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Editor’s note: The editor has changed the section numbering of this article from that set out in section 4 of Ord. No. 2005-24 in order to simplify the numbering.

There is hereby established by the city council a fund to be known and designated as the parks and recreation development fund, formerly known as the capital recreation development fund, formerly known as the capital outlay recreation fund, for the purpose of providing money for capital expenditures for recreational facilities in the city. The continued increase in the development of dwelling, commercial and industrial units in the city with the attendant increase in the population of the city has created an urgent need for the planning, acquisition, improvement and expansion of public parks, playgrounds and recreation facilities to serve the increasing population of the city and the means of providing additional revenues with which to finance such public facilities. There shall be deposited in the fund and made a part thereof, such sums as may, from time to time, be collected under the provisions of this article.

(Ord. No. 2005-24, § 4, 11-21-2005)

Except where the context otherwise requires, the definitions given in this section govern the construction of this article.

“Dwelling unit”

means each single-family dwelling and each unit of an apartment, duplex, multiple-dwelling structure or trailer designed as a separate habitation for one or more persons.

“Person”

means every person, firm or corporation constructing a dwelling, commercial and/or industrial unit itself or through the services of an employee, agent or independent contractor.

(Ord. No. 2005-24, § 4, 11-21-2005)

The fees imposed by this article shall be applicable to every dwelling, commercial and industrial unit constructed in the city from and after the effective date of this article. Every person constructing any dwelling, commercial and industrial unit in the city shall pay fees to the city in such rates and amounts as are established by council resolution. The fees imposed by this section shall be due and payable upon application to the city for a building permit for the construction of any such dwelling unit; provided, however, that there shall be a refund of such fees in the event the building permit is not approved or is not used for such construction.

(Ord. No. 2005-24, § 4, 11-21-2005)

In the case of subdivisions of land within the city, maps of which are approved by the council after this article becomes effective, the subdivider, owner or developer of the subdivision may offer to the city for dedication a portion of the subdivision for use for public park and recreational purposes in lieu of the fee hereinbefore provided for to be assessed against each dwelling thereafter constructed upon lots in the subdivision, and if the dedication is accepted by the city council in lieu of the fee, then the property so dedicated shall be used for park and recreational purposes, and no dwelling thereafter constructed in the subdivision shall be subject to the fee provided for in this article.

(Ord. No. 2005-24, § 4, 11-21-2005)

The moneys in the parks and recreation development fund, shall be expended only for equipment and facilities and other capital purposes in connection with any recreation program or undertaking for the people of the city or any group thereof.

(Ord. No. 2005-24, § 4, 11-21-2005)