Loading...
A property owner who has paid a wastewater system facility access fee may reduce the amount of a wastewater impact fee due for a new development on that lot or tract by the amount of the access fee paid, following written request and approval by the city, provided that no construction has occurred on the lot or tract and that no utility connection has been made.
(Ord. 10601, § 1(1.12), passed 6-5-1990)
(a) The city shall establish an account to which interest is allocated for each benefit area for each type of capital facility for which an impact fee is imposed pursuant to this division. Each impact fee collected within the benefit area shall be deposited in such account.
(b) Interest earned on the account into which the impact fees are deposited shall be considered funds of the account and shall be issued solely for the purposes authorized in § 35-70.9.
(c) The city shall establish adequate financial and accounting controls to assure that impact fees disbursed from the account are utilized solely for the purposes authorized in § 35-70.9. Disbursement of funds shall be authorized by the city at such times as are reasonably necessary to carry out the purposes and intent of this division; provided, however, that funds shall be expended within a reasonable period of time, but not to exceed ten years from the date that an impact fee has been paid.
(d) The city shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected in or expended from each benefit area. The records of such accounts shall be open for public inspection and copying during ordinary business hours.
(Ord. 10601, § 1(1.13), passed 6-5-1990)
(a) The impact fees collected for each benefit area pursuant to this division may be used to finance or to recoup the costs of any capital improvements or facility expansion identified in the applicable capital improvements plan for the benefit area, including, but not limited to, the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney’s fees and expert witness fees). Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance such capital improvements or facility expansion.
(b) Impact fees collected pursuant to this division shall not be used to pay for any of the following expenses:
(1) Construction, acquisition or expansion of capital improvements other than those identified in the applicable capital improvements plan;
(2) Repair, operation or maintenance of any capital improvements or facility expansion;
(3) Upgrade, expansion or replacement of existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
(4) Upgrade, expansion or replacement of existing capital improvements to provide better service to existing development; provided, however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or
(5) Administrative and operating costs of the city.
(Ord. 10601, § 1(1.14), passed 6-5-1990)
(a) The property owner or applicant for new development may appeal the following decisions to the city council:
(1) The applicability of an impact fee to the development;
(2) The amount of the impact fee due;
(3) The denial of or determination of the amount of a credit;
(4) The application of a credit against an impact fee due; and
(5) The amount of a refund due, if any.
(b) The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the credit was not calculated according to the applicable schedule of impact fees or the guidelines established for determining credits.
(c) The appellant must file a written notice of appeal with the city within 30 days following the decision. The development application may be processed while the appeal is pending, if the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the city attorney in an amount equal to the original determination of the impact fee due.
(Ord. 10601, § 1(1.15), passed 6-5-1990)
(a) Upon application, any impact fee or portion thereof collected pursuant to this division, which has not been expended within the benefit area within ten years from the date of payment, shall be refunded, upon application, 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. Revised Statutes Article 1.03, Title 79 (V.T.C.S. Article 5069-1.03, Vernon’s Texas Civil Statutes), or its successor statute. An impact fee shall be considered as expended on a first-in, first-out basis.
(b) An impact fee collected pursuant to this division shall also be considered expended if, within ten years following the date of payment, the total expenditures for capital improvements or facility expansion authorized in § 35-70.9 within the benefit area exceeds the total fees collected within the benefit area for such improvements or expansions during such period.
(c) If a refund is due pursuant to subsections (a) and (b) above, 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 benefit 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 benefit 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 per service unit 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.
(Ord. 10601, § 1(1.16), passed 6-5-1990)
If the building permit for a new development for which an impact fee has been paid has expired, no utility connections for that category of capital improvements have been made to the development, and a modified or new application has not been approved within six months of such expiration, the city shall, upon written application, rebate the amount of the impact fee to the record owner of the property for which the impact fee was paid. If no application for rebate pursuant to this section has been filed within this period, no rebate shall become due.
(Ord. 10601, § 1(1.17), passed 6-5-1990)
(a) The city shall update its land use assumptions and capital improvements plans at least every five years, commencing from the date of adoption of such plans, and shall recalculate the impact fees based thereon in accordance with the procedures set forth in Tex. Local Government Code, Chapter 395, or in any successor statute.
(b) The city may review its land use assumptions, capital improvements plans, impact fees and other factors such as market conditions more frequently than provided in subsection (a) above to determine whether the land use assumptions and capital improvements plans should be updated and the impact fee recalculated accordingly, or whether Schedules 1 or 2 should be changed.
(c) If, at the time an update is required pursuant to subsection (a) above, the city council determines that no change to the land use assumptions, capital improvements plan or impact fee is needed, it may dispense with such update by following the procedures in Tex. Local Government Code § 395.0575.
(Ord. 10601, § 1(1.18), passed 6-5-1990; Ord. 21239-05-2014, 1, passed 5-13-2014)
Loading...