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Ordinance NS-2178 <br />Page 3 397 <br /> <br />projects in the service area and the portion of the cost of <br />the Memory Lane Interceptor allocated to the City of Santa <br />Ana. <br /> <br />Sec. 39-82. Imposition of fee. <br /> <br /> There is imposed upon each development project in the fee <br />area a development fee in the amount of $98.00 per fixture <br />unit. The fee imposed by this section is in addition to any <br />other development fees imposed by this code, except that it <br />shall be in place of the sewer connection fee established by <br />section 39-53. No building permit shall be issued for any <br />part of a development project in the fee area until the fee <br />imposed by this section has been paid; provided, however, the <br />city may require earlier payment of the fee through conditions <br />imposed on any discretionary approval of the development <br />project by the City or through a development agreement between <br />the City and the developer. <br /> <br />Sec. 39-83. Memory Lane Interceptor fee fund. <br /> <br /> Ail money received by the City pursuant to section 39-82 <br />shall be deposited in a separate account known as the Memory <br />Lane Interceptor fee fund. Money in such account may be <br />invested in the same manner as other City money and any <br />interest earned thereon shall likewise accrue to the Memory <br />Lane Interceptor fee fund. Money in the Memory Lane <br />Interceptor fee fund may be used solely for the purpose of <br />paying the City allocation until the City allocation, <br />exclusive of the Agency payment, has been paid in full, except <br />as otherwise provided in section 39-83.5. <br /> <br />Sec. 39-83.5. City prepayment of City allocation. <br /> <br /> If and to the extent that the City has paid the City <br />allocation to the District (exclusive of the Agency payment) <br />with funds other than those paid into the Memory Lane <br />Interceptor fee fund pursuant to section 39-83, then payments <br />into that fund shall be used to reimburse the city for such <br />payment. <br /> <br /> SECTION 2: If any section, subsection, sentence, clause, <br />phrase or portion of this ordinance is for any reason held to be <br />invalid or unconstitutional by the decision of any court of <br />competent jurisdiction, such decision shall not affect the validity <br />of the remaining portions of this ordinance. The City Council of <br />the City of Santa Ana hereby declares that it would have adopted <br />this ordinance and each section, subsection, sentence, clause, <br /> <br /> <br />