(A) Upon application, any impact fee or portion thereof collected pursuant to these regulations, which has not been expended within the service area within ten years from the date of payment, shall be refunded to the record owner of the property for which the impact fee was paid or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Tex. Finance Code § 302.002, or its successor statute. The application for refund pursuant to this section shall be submitted within 60 days after the expiration of the ten-year period for expenditure of the fee. An impact fee shall be considered expended on a first-in, first-out basis.
(B) An impact fee collected pursuant to these regulations shall also be considered expended if the total expenditures for capital improvements or facility expansion authorized in § 158.012 within the service area within ten years following the date of payment exceeds the total fees collected within the service area for such improvements or expansions during such period.
(C) If a refund is due pursuant to divisions (A) or (B), the city shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount.
(D) Upon completion of all the capital improvements or facility expansion identified in the capital improvements plan for the service area, the city shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the city shall refund the difference, if such difference exceeds the impact fee paid by more than 10%. If the difference is less than 10%, no refund shall be due. The refund to the record owner shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount.
(E) If a tract of land for which an impact fee has been paid is replatted, resulting in a reduction in the number of service units, and the new impact fee to be collected is less than that paid, the city shall refund the difference, provided that water meters to serve the development have not been installed.
(F) No refunds or credits against impact fees due shall be given for decreasing the number or size of water meters serving a development, except as provided in division (E).
(G) A petition for a refund shall be submitted to the Director of Public Works. Within one month of the date of receipt of a petition for refund, the Director of Public Works must provide the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the Director of Public Works shall notify the Finance Director and request that a refund payment be made to the petitioner. The petitioner may appeal the Director's determination to the Council, as set forth in this chapter.
(Ord. 05-2018-36, passed 5-8-18)