§ 150.11  REFUNDS.
   (A)   On the request of an owner of property on which an impact fee has been paid, impact fees shall be refunded if existing facilities are available and service is denied or if the city failed to commence construction of facilities required for service within two years of payment of the fee or if the construction is not completed within a reasonable time but not in any event in more than five years from the date of payment of the fee.
   (B)   Upon completion of capital improvements or facility expansions identified in the capital improvements plan, the impact fee shall be recalculated utilizing actual costs. If the impact fee based on actual cost is less than the impact fee paid, the city shall, upon request, refund the difference if the difference exceeds the impact fee paid by more than 10%.
   (C)   Any impact fee funds not expended within ten years after payment shall be refunded upon request.
   (D)   Refunds shall bear interest calculated from the date of collection to the date of refund at the statutory rate set forth in Tex. Local Gov’t. Code, § 392.025 or its successor statute.
   (E)   All refunds shall be made to the record owner of the property at the time the refund is paid. However, if the impact fees were paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity.
   (F)   The owner of the property on which an impact fee has been paid or another political subdivision or governmental entity that paid the impact fee has standing to sue for a refund under this section.
(2005 Code, § 7-1-11)  (Ord. 900904, passed 9-4-1990)