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Ordinance 2010-449 <br />Park Dedication <br />(b) Appeal Process <br />The parkland dedication fee may be appealed to the City Council before the City Council <br />makes a decision on the final plat and shall be calculated as follows: The percentage of <br />land to be dedicated will be multiplied by the fair market value of the net buildable <br />acreage. <br />The fair market value shall be determined by the City Council, following their review of <br />a current appraisal submitted to the city at the developer's expense. The appraisal shall <br />be made by appraisers who are approved members of the SREA or MAI, or equivalent <br />real estate appraisal societies. <br />If the city receives written notice of a dispute over the parkland dedication fee before <br />approval of the final plat, the developer shall pay the fee into an escrow account pending <br />a decision of an appeal of the fee. If an appeal is not filed within 60 days following <br />approval of the final plat, or if the person aggrieved by the fee does not prevail on the <br />appeal, then the funds paid into escrow must be transferred to the city. <br />SECTION 2. Severability. In the event that a court of competent jurisdiction adjudges <br />any part of this Ordinance to be invalid, such judgment shall not affect any other <br />provision of this Ordinance not specifically included with that judgment. <br />SECTION 3. Effective Date. This amendment shall take effect upon its passage and <br />publication. <br />ADOPTED BY THE HUGO CITY COUNCIL ON NOVEMBER 15, 2010 <br />ATTEST: <br />Michele Lindau, City Clerk <br />