§ 25B-25. Disbursement of funds.

(a)

No funds authorized under Section 25B-22 may be disbursed to any recipient unless the recipient agrees:

(1)

That grants for all programs in Section 25B-22 shall be made available at least once every twelve (12) months with public notice from the County.

(2)

To maintain and operate in perpetuity the property acquired, developed, improved, rehabilitated or restored with the funds, except where leases are in effect. The recipient or its successors in interest in the property may transfer the responsibility to maintain and operate the property to another public agency or another not-for-profit organization in accordance with this section. The recipient agency must provide adequate programming for any new facilities constructed with proceeds of the bonds.

(3)

To use the property only for the purposes of this article and to make no other use, sale, or disposition of the property, except as provided in subdivision (b) of this section.

(4)

Any beach, park or other public facility acquired, developed, rehabilitated or restored with funds from this act shall be open and accessible to the public without discrimination as to race, color, gender, age, religious belief, residence, national origin, marital status, or disability.

(5)

In order to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds, notes or other evidences of indebtedness issued for purposes of this article, each recipient of funds pursuant to this article covenants to comply with each applicable requirement of Section 103 and Sections 141 through 150 of the Internal Revenue Code of 1986, as amended. Each recipient of funds shall agree in writing to the conditions specified in paragraphs (2), (3), and (4) of this section.

The conditions specified in paragraphs (2), (3), (4) and (5) of this section shall not prevent the transfer of property acquired, developed, improved, rehabilitated or restored with funds authorized pursuant to Section 25B-22 of this article from the recipient to any other public agency, to a not-for-profit organization authorized to acquire, develop, improve or restore public real property for park, wildlife, recreation, open space or gang prevention and intervention purposes, to the State of Florida or to the National Park Service, provided that any such successor to the recipient assumes the obligations imposed by such conditions.

(b)

Any changes in use of any property acquired through grants pursuant to this article must be maintained in perpetuity for public park and recreation purposes. If the use of the property acquired through grants pursuant to this article is changed to one (1) other than a use permitted under the category from which the funds were provided, or the property is sold or otherwise disposed of, an amount equal to the (1) amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the portion of such property acquired, developed, improved, rehabilitated or restored with the grant, whichever is greater, shall be used by the recipient, subject to subdivision (a) of this section, for a purpose authorized in that category or shall be reimbursed to the Trust Account and be available for appropriation only for a use authorized in that category.

If the property sold or otherwise disposed of is less than the entire interest in the property originally acquired, developed, improved, rehabilitated or restored with the grant, an amount equal to the proceeds or the fair market value of the property interest sold or otherwise disposed of, whichever is greater, shall be used by the grantee, subject to subdivision (a) of this section, for a purpose authorized in that category or shall be reimbursed to the general fund and be available for appropriation only for a use authorized in that category. Nothing in this Section 25B-25 shall limit a public agency from transferring property acquired pursuant to this article to the National Park Service or the State Park System, with or without consideration.

(c)

Awards pursuant to this article shall first be available during the fiscal year in which bond proceeds are initially available.

(Ord. No. 96-115, § 6, 7-16-96)