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(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)
(a) The city may finance capital improvements or facility expansion designated in the capital improvements plan through the issuance of bonds, through the information of public utility districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees.
(b) Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property.
(Ord. 10601, § 1(1.19), passed 6-5-1990)
Impact fees established by this division are additional and supplemental to, and not in substitution of, any other requirements imposed by the city on the development of land, the issuance of building permits or the connection of utilities. Such fee is intended to be consistent with and to further the policies of city’s comprehensive land use plan, the capital improvements plan, the zoning ordinance, subdivision regulations and other city policies, ordinances and resolutions by which the city seeks to ensure the provision of adequate public facilities in conjunction with the development of land.
(Ord. 10601, § 1(1.20), passed 6-5-1990)
(a) Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the city council to determine whether any duty required by this division, other than those matters which may be appealed pursuant to § 35-70.10, has not been performed within the time so prescribed. The petition shall be in writing and shall state the nature of the unperformed duty and request that the duty be performed within 60 days of the request. If the city council determines that the duty is required pursuant to this division and is late in being performed, it shall cause the duty to commence within 60 days of the date of the request and to continue until completion.
(b) The city council may grant a variance from any requirement of this division, upon written request by a property owner subject to this division, following a public hearing, and only upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property.
(c) If the city council grants a variance that reduces the amount of the impact fee due for a new development under this division, it shall cause to be appropriated from other city funds the amount of the reduction in the impact fee and deposit such funds in the account for the benefit area in which the property is located.
(Ord. 10601, § 1(1.21), passed 6-5-1990)
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