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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)
Any building permit application which was duly accepted for filing prior to the effective date of this division and which is subsequently granted, shall be exempt from the assessment and payment of an impact fee, unless such application thereafter expires.
(Ord. 10601, § 1(1.22), passed 6-5-1990)
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