This article is intended to impose impact fees for water and
wastewater facilities as established herein, in order to finance public
facilities, the demand for which is generated by new development.
(Ordinance 03-900 adopted 4/15/03)
The city council is authorized to enact this article by chapter
395 of the Texas Local Government Code, as amended (“chapter
395”), which authorizes home-rule cities, among others, to enact
or impose impact fees on land within their corporate boundaries or
extraterritorial jurisdictions, and to persons with whom they have
a water or wastewater supply service contract, as charges or assessments
imposed against new development in order to generate revenue for funding
or recouping the costs of capital improvements or facility expansions
necessitated by and attributable to such new development. The provisions
of this article shall not be construed to limit the power of the city
council to adopt this article pursuant to any other source of local
authority, including the city charter, nor to utilize any other methods
or powers otherwise available for accomplishing the purposes set forth
herein, either in substitution of or in conjunction with this article.
Guidelines may be developed by resolution or otherwise to implement
and administer this article.
(Ordinance 03-900 adopted 4/15/03)
As applied in this article, the following words and terms shall
be used:
The levying or charging of the approved impact fee on new
development pursuant to this article.
Written permission issued by the city for the construction,
repair, alteration or addition to a structure. Written permission
herein shall refer to either a building permit or to a plumbing permit
which is associated with an increase in equivalent dwelling units
on the property.
Costs of constructing capital improvements or facility expansions,
including and limited to the construction contract price, surveying
and engineering fees, land acquisition costs (including land purchases,
court awards and costs, attorneys’ fees, and expert witness
fees), and the fees actually paid or contracted to be paid to an independent
qualified engineer or financial consultant preparing or updating the
capital improvements plan who is not an employee of the city.
Advisory committee, appointed by the city council, consisting
of at least five members, not less than 40 percent of which shall
be representatives of the real estate, development, or building industries
which are not employees of the city, consisting of the planning and
zoning commission and the municipal utilities advisory board (and
including one representative of the extraterritorial jurisdiction
area if impact fees are to be applied within the extraterritorial
jurisdiction of the city), which committee is appointed to regularly
review and update the land use assumptions, capital improvements plan,
and impact fees in accordance with the requirements of chapter 395
of the Local Government Code.
Plan adopted by Resolution No. 03-010, dated February 4,
2003, which identifies wastewater collection and treatment and water
supply, pump and storage facilities capital improvements or facility
expansions pursuant to which impact fees may be assessed. The capital
improvements plan is composed of a separate wastewater improvement
plan and water improvement plan.
City engineer of the city.
City manager of the city, or his designee.
The comprehensive long-range plan, adopted by the city council,
which is intended to guide the growth and development of the city,
which may include analyses, recommendations and proposals for the
city regarding such topics as population, economy, housing, transportation,
community facilities and land use.
The amount of the reduction of an impact fee for fees, payments
or charges for the same type of capital improvements for which the
fee has been assessed.
Basis for establishing equivalency among and within various
customer classes based upon the relationship of the continuous duty
maximum flow rate in gallons per minute for a water meter of a given
size and type compared to the continuous duty maximum flow rate in
gallons per minute for a 3/4" diameter simple water meter, using American
Water Works Association Manual M22, page 45. EDU’s for water
meters are as follows:
|
Meter size
|
EDU’s
|
|---|---|
|
3/4"
|
1.0
|
|
1"
|
2.5
|
|
2"
|
8.0
|
|
3"
|
16.0
|
|
4"
|
25.00
|
All development within the service area which has a water
or wastewater tap on the city’s water or wastewater system,
or on another centralized water or wastewater system, as of the date
of the adoption of this article (April 15, 2003).
The expansion of the capacity of an existing facility which
serves the same function as an otherwise necessary new capital improvement
in order that the existing facility may serve new development. Facility
expansion does not include the repair, maintenance, or modernization
of an existing facility to better serve existing development.
The map, drawing or chart meeting the requirements of the
city’s subdivision ordinance on which is provided a subdivider’s
plan of a subdivision, and which has received final approval by the
planning and zoning commission or city council and which is recorded
with the office of the county clerk.
Fee to be imposed upon new development, calculated based
upon the costs of facilities in proportion to development creating
the need for such facilities. Impact fees do not include dedication
of rights-of-way or easements, or construction or dedication of on-site
or off-site water distribution or wastewater collection facilities
required by other ordinances of the city and necessitated by and attributable
to the new development; lot or acreage fees placed in trust funds
for the purpose of reimbursing developers for oversizing or constructing
water or wastewater mains or lines; or other pro rata fees for reimbursement
of water or wastewater mains or lines extended by the city.
Description of the service area and projections of changes
in land uses, densities, intensities, and population therein over
at least a 10-year period, adopted by the city council, as may be
amended from time to time, upon which the capital improvements plan
is based. The land use assumptions used in the calculation of impact
fees in this article were adopted by the city council in Resolution
No. 03-010, dated February 4, 2003.
Subdivision of land, or the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or enlargement
of any structure; or any use or extension of the use of land; any
of which increases the number of service units for water supply or
wastewater service. New development includes increasing the size of
the water meter serving the property. However, new development does
not include the sale of water taps resulting from the conversion of
an individual well to the city’s water utility. New development
also does not include the sale of wastewater taps resulting from the
conversion of an individual septic or other individual waste disposal
system to the city’s wastewater utility.
For purposes of this article, all development which is not
residential.
Improvement or facility which is for the primary use or benefit
of a new development and/or which is for the primary purpose of safe
and adequate provision of water or wastewater facilities to serve
the new development, and which is not included in the capital improvements
plan, and for which the developer or property owner is solely responsible
under subdivision and other applicable regulations.
For purposes of this article, a lot developed for use and
occupancy as a residence or residences, according to the city’s
zoning ordinance.
The area within the corporate boundaries and the extraterritorial
jurisdiction of the city to be served by the capital improvements
or facility expansions specified in the capital improvements plan.
A systemwide service area used for calculation of impact fees is set
forth in the land use assumptions set forth in exhibit A to Ordinance
03-900, which exhibit is on file in the office of the city secretary.
Standardized measure of consumption, use, generation, or
discharge attributable to an individual unit of development calculated
in accordance with generally accepted engineering or planning standards
and based on historical data and trends applicable to the city during
the previous ten years. In this article, a service unit is based on
setting a 3/4" water meter as the standard size meter for single-family
residential properties. American Water Works Association (AWWA) meter
equivalency data are utilized to compare the demand that larger water
meters place on the system to the demand that a standard 3/4" meter
places on the system. Meter equivalencies are also used to set wastewater
impact fee charges, because wastewater return flow is directly related
to the amount of water used by each customer. The service units utilized
in this article are based upon the comparison table of water meter
size set forth in the definition of equivalent dwelling unit (EDU).
A capital improvement or facility expansion which is designated
in the capital improvements plan. A system-related facility may include
a capital improvement, which is located off site, within or on the
perimeter of the development site.
The filing with the city of a written application for water
or wastewater tap and the acceptance of applicable fees by the city.
The term “tap purchase” shall not be applicable to a meter
purchased for and exclusively dedicated to fire protection.
Improvement for providing wastewater collection or treatment,
including, but not limited to, land or easements necessary for same.
Expansion of the capacity of any existing wastewater facility
for the purpose of serving new development, not including the repair,
maintenance, modernization or expansion of an existing wastewater
facility to serve existing development.
Improvement for providing water supply service, including,
but not limited to, pumping facilities and storage facilities, and
necessary land or easements.
Expansion of the capacity of any existing water facility
for the purpose of serving new development, not including the repair,
maintenance, modernization or expansion of an existing water facility
to serve existing development.
Utility which provides the city with bulk water or wastewater
service at its wholesale service rate, for the city’s resale
to its customers.
(Ordinance 03-900 adopted 4/15/03)
(a)
This article shall be uniformly applicable to new development which
occurs within the service area adopted by the city.
(b)
No new development shall be exempt from the assessment of impact
fees as defined in this article. However, the city council may pay
fees from nonutility funds on behalf of any new development for reasons
of general community welfare.
(Ordinance 03-900 adopted 4/15/03)
No application for new development shall be approved within
the city without assessment of impact fees pursuant to this article,
and no water and wastewater tap shall be issued and no building permit
shall be issued unless the applicant or builder has paid the impact
fees calculated and imposed hereunder.
(Ordinance 03-900 adopted 4/15/03)
The water and wastewater service areas set forth in exhibit
A to Ordinance 03-900, which exhibit is on file in the office of the
city secretary, used for the calculation of impact fees may be revised
by the city council from time to time pursuant to the procedures set
forth in chapter 395.
(Ordinance 03-900 adopted 4/15/03)
The land use assumptions set forth in exhibit A to Ordinance 24-14, which exhibit is on file in the
office of the city secretary, used in the development of impact fees
may be revised by the city council from time-to-time pursuant to the
procedures set forth in chapter 395.
(Ordinance 03-900 adopted 4/15/03; Ordinance
24-14 adopted 2/20/2024)
The capital improvements plan set forth in exhibit A to Ordinance 24-14, which exhibit is on file
in the office of the city secretary, used in the development of impact
fees may be revised by the city council from time-to-time pursuant
to the procedures set forth in chapter 395.
(Ordinance 03-900 adopted 4/15/03; Ordinance
24-14 adopted 2/20/2024)
(a)
Service units are established in accordance with generally accepted
engineering and planning standards.
(b)
The water and wastewater impact fees per service unit shall be calculated
based on standard water meter sizes as set forth in the definition
of equivalent dwelling unit (EDU).
(c)
No impact fee shall be assessed or collected from properties utilizing
water service solely for firefighting purposes. If a fire demand meter
(tap) is purchased for a property, an impact fee may be assessed for
additional water usage. The number of service units shall be calculated
based upon the meter size necessary to meet demand for regular service
to the property. To avoid the use of flow volumes for domestic usage,
the owner of any property for which a fire demand meter is purchased
shall be required to execute a restrictive covenant on a form approved
by the city attorney, which covenant shall acknowledge the right of
the city to assess such fees to subsequent owners of the property.
Said covenant shall be executed prior to the purchase of the fire
demand meter and shall be filed in the deed records of the county.
(d)
Upon wastewater tap purchase for lots for which no water meter has been purchased, service units shall be established by an engineering report as provided in subsection (b) above.
(e)
The city council may revise the calculation of service units pursuant
to the procedures set forth in chapter 395.
(Ordinance 03-900 adopted 4/15/03)
(a)
The assessed impact fee per service unit is computed by dividing
the costs of the part of the capital improvements shown on the capital
improvements plan that are necessitated by and attributable to the
projected new service units in the land use assumptions by the number
of projected new service units.
(Ordinance 03-900 adopted 4/15/03)
(a)
The approval of any subdivision of land for any new development shall
include, as a condition, the assessment of the impact fees applicable
to such development.
(b)
Assessment of the impact fees for any new development shall be made as follows and shall be based upon the impact fee per service unit set forth in section 13.14.024 at the time of assessment:
(1)
For a new development which has received final plat approval prior
to the effective date of this article (April 15, 2003) and for which
no replatting is necessary prior to water or wastewater tap purchase,
assessment shall be upon the effective date of this section.
(2)
For a development which is final platted pursuant to the city’s
subdivision regulations following the effective date of this section,
assessment shall be at the time of final plat recordation.
(c)
Following assessment of the impact fees pursuant to subsection (b) of this section, no additional impact fees or increases thereof shall be assessed against that development unless the number of service units increases.
(d)
Following the lapse or expiration of approval for a plat, a new assessment
must be performed at the time a new application for such development
is filed.
(Ordinance 03-900 adopted 4/15/03)
(a)
Following a request for a building permit or tap purchase for new
development, the city manager shall compute impact fees due for the
new development in the following manner:
(b)
Separate impact fees shall be calculated for water and wastewater
service.
(c)
When a water service or wastewater service is sized up to meet the
demand of new development, the impact fee shall be calculated based
upon the difference between the assessed fee for the new larger sized
water meter and the assessed fee for the size of the existing water
meter. Notwithstanding the above, no new water or wastewater impact
fee shall be charged when a larger water meter is purchased for a
single-family residential property.
(d)
Notwithstanding anything in this article to the contrary, the maximum
impact fee for churches and public schools shall be calculated based
upon a two-inch water meter, regardless of the size of the water meter
purchased.
(Ordinance 03-900 adopted 4/15/03)
(a)
No building permit shall be issued or water or wastewater tap allowed
until all impact fees have been paid to the city except as specifically
authorized in this article or as otherwise provided by contract.
(b)
Impact fees shall be collected at the time of issuance of the building
permit.
(c)
On property that was platted prior to the effective date of this
article (April 15, 2003), no impact fees shall be collected on any
development for which a valid building permit is issued within one
(1) year of the effective date of this article. If a building permit
obtained within one (1) year of the effective date of this article
subsequently expires, and no new application is made and approved
within such period, the new development shall be subject to the payment
of the impact fees adopted in this article.
(d)
Because fire protection is of critical concern to the community as
a whole, water demand related solely to fire protection is not subject
to assessment of an impact fee. However, if the fire protection capacity
of the fire demand meter is routinely utilized for regular residential,
commercial or industrial purposes as evidenced by the record of consumption
recorded on the city’s meter-reading and billing systems, the
then-current impact fee should be assessed and collected from the
current owner of the property for routine usage as domestic capacity.
(e)
Notwithstanding anything in this article to the contrary, the city
may enter into a contract with the owner of a tract of land for which
a plat has been recorded providing for a different time and method
of payment of the impact fees.
(Ordinance 03-900 adopted 4/15/03)
(a)
The city manager shall establish separate interest-bearing accounts
for water and wastewater impact fees.
(b)
Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds authorized in section 13.14.015.
(c)
The city manager shall establish adequate financial and accounting
controls to ensure that impact fees disbursed from the account are
utilized solely for the purposes authorized in this article. Disbursement
of funds shall be authorized by the city manager at such times as
are reasonably necessary to carry out the purposes and intent of this
article; provided, however, that any fee paid shall be expended within
a reasonable period of time, but not to exceed ten (10) years from
the date the fee is deposited into the account.
(d)
The city manager shall maintain and keep adequate financial records
for each such account, which shall show the source and disbursement
of all revenues, which shall account for all monies received, and
which shall ensure that the disbursement of funds from each account
shall be used solely and exclusively for the provision of uses specified
in the capital improvements plan as system-related capital projects.
(Ordinance 03-900 adopted 4/15/03)
(a)
The impact fees collected pursuant to this article may be used to
finance or to recoup capital construction costs of service. 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 facilities
expansions.
(b)
Impact fees collected pursuant to this article shall not be used
to pay for any of the following expenses:
(1)
Construction, acquisition or expansion of capital improvements or
assets other than those identified for the appropriate utility in
the capital improvements plan;
(2)
Repair, operation, or maintenance of existing or new capital improvements
or facilities expansions;
(3)
Upgrading, expanding or replacing existing capital improvements to
serve existing development in order to meet stricter safety, efficiency,
environmental or regulatory standards;
(4)
Upgrading, expanding or replacing 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.
(Ordinance 03-900 adopted 4/15/03)
(a)
The city may credit impact, pro rata, acreage or lot fees which have
been paid pursuant to city ordinances against the value of impact
fees due for that category of capital improvement, subject to guidelines
established by the city.
(b)
The city shall give a credit for the dedication or construction by
a developer of any water or wastewater facilities that are identified
in the capital improvements plan as eligible for impact fee funding.
(c)
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 improvement 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
subsection has been filed within this period, no rebate shall become
due.
(d)
All credits against impact fees shall be subject to the following
limitations and shall be granted based on this article and additional
standards promulgated by the city, which may be adopted as administrative
guidelines:
(1)
No credit shall be given for the dedication or construction of site-related
facilities unless such facilities are identified in the capital improvements
plan as eligible for impact fee funding.
(2)
The unit costs used to calculate the credits shall not exceed those
assumed for the capital improvements included in the capital improvements
plan for the category of facility for which the impact fee is imposed.
(3)
If a credit applicable to a plat has not been exhausted within ten
(10) years from the date of plat filing, or within such period as
may be otherwise designated by contract, such credit shall expire.
(4)
The city will not reimburse the property owner or developer for a
credit when no impact fees for the new development can be collected
pursuant to this article or for any value exceeding the total impact
fees due for the development for that category of capital improvement,
unless otherwise agreed to by the city.
(5)
No credit shall be provided against fees assessed by the city’s
water and wastewater wholesale service providers.
(e)
An applicant for new development must apply for a credit against
impact fees due for the development either at or before the time of
fee assessment, or the entitlement to such credit shall be deemed
waived. The applicant shall file an application for credits with the
city manager. The contents of the application shall be established
by administrative guidelines. The city manager shall provide the applicant,
in writing, with a decision on the credit request, including the reasons
for the decision. The decision shall specify the maximum value of
the credit which may be applied against an impact fee, which value
and the date of the determination shall be associated with the plat
for the new development.
(f)
The available credit associated with the plat shall be applied against
an impact fee in the following manner:
(1)
Such credit shall be prorated equally among all service units and
remain applicable to such service units, to be applied at time of
filing and acceptance of an application for a building permit or tap
purchase, as appropriate, against impact fees due.
(2)
If the total number of service units used by the city in the original credit calculation described in subsection (f)(1) is eventually exceeded by the number of total service units realized by the actual development, the city may, at its sole discretion, collect the full impact fee, exclusive of any associated credits, for the excess service units.
(g)
At its sole discretion, the city may authorize alternative credits
upon petition by the owner in accordance with guidelines promulgated
by the city.
(Ordinance 03-900 adopted 4/15/03)
(a)
The property owner or applicant for new development may appeal the
following decisions to the city manager:
(1)
The applicability of an impact fee to the development;
(2)
The value of the impact fee due;
(3)
The calculation of applicable service units attributable to the development;
(4)
The availability or value of a credit; or
(5)
The application of a credit against an impact fee.
|
All appeals shall be filed with the city manager within thirty
(30) days of notice of the action from which the appeal is taken.
|
(b)
The burden of proof shall be on the appellant to demonstrate that
the fee is not applicable or that the value of the fee was not calculated
according to the applicable impact fee schedule.
(c)
The appellant may appeal the decision of the city manager to the
city council. The applicant must file a notice of appeal to the city
council with the city secretary within thirty (30) days following
the city manager’s decision.
(d)
The city council shall hear the appeal within 35 days of receipt
by the city secretary. Notice of the hearing shall be sent to the
applicant at least seven (7) days prior to the hearing.
(e)
At the hearing, the city council shall consider all relevant evidence
and shall allow testimony from the applicant, city personnel and other
interested persons relevant to the appeal. The hearing may be continued
from time to time.
(f)
The burden of proof shall be on the appellant to demonstrate that
the fee is not applicable or that the determination of service units
or the value of the fee or of the credit was not calculated according
to the applicable impact fee schedule or the guidelines established
in this article. The applicant shall submit an engineering report
prepared by a qualified professional engineer licensed to perform
such engineering services in the state which demonstrates that the
applicant’s burden has been met.
(g)
Following the hearing, the city council shall consider all evidence
and determine whether the appeal should be granted (in whole or in
part) or denied.
(h)
If the appeal is accompanied by a bond or other sufficient security
satisfactory to the city attorney in an amount equal to the original
determination of the impact fee due, the development application or
tap purchase or building permit issuance may be processed while the
appeal is pending.
(Ordinance 03-900 adopted 4/15/03)
The city shall review the land use assumptions and capital improvements
plan for water and wastewater facilities at least every five years,
the first five-year period to commence from the date of adoption of
the capital improvements plan referenced herein. The city council
shall accordingly then make a determination of whether changes to
the land use assumptions, capital improvements plan or impact fees
are needed and shall, in accordance with the procedures set forth
in chapter 395, either update the land use assumptions, capital improvements
plan and impact fees or make a determination that no update is necessary.
(Ordinance 03-900 adopted 4/15/03)
(a)
The functions of the capital improvements advisory committee are
those set forth in chapter 395 and shall include the following:
(1)
Advise and assist the city council in adopting land use assumptions;
(2)
Review the capital improvements plan regarding construction of water
and wastewater supply facilities capital improvements and file written
comments thereon;
(3)
Monitor and evaluate implementation of the capital improvements plan;
(4)
Advise the city of the need to update or revise the land use assumptions,
capital improvements plan and impact fees; and
(5)
Submit to the city council a semiannual report evaluating the progress
of the city in achieving the capital improvements plan and identifying
any problems in implementing the plan or administering the impact
fees.
(b)
The city council shall make available to the advisory committee any
professional reports prepared in the development or implementation
of the Capital Improvements Plan.
(c)
The city council shall adopt procedural rules for the advisory committee
to follow in carrying out its duties.
(Ordinance 03-900 adopted 4/15/03)
(a)
The city council may finance collection of water and wastewater facilities,
and capital improvements or facilities expansions designated in the
capital improvements plan through the issuance of bonds, through the
formation of public improvement 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.
(Ordinance 03-900 adopted 4/15/03)
(a)
Impact fees established by this article are additional and supplemental
to, and not in substitution of, any other requirements imposed by
the city on the development of land or the issuance of building permits
or the sale of water or wastewater taps or the issuance of certificates
of occupancy. Such fees are intended to be consistent with and to
further the policies of the city’s comprehensive plan, capital
improvements plan, 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.
(b)
This article shall not affect, in any manner, the permissible use
of property, density of development, design, and improvement standards
and requirements, or any other aspect of the development of land or
provision of public improvements subject to the zoning and subdivision
regulations or other regulations of the city, which shall be operative
and remain in full force and effect without limitation with respect
to all such development.
(Ordinance 03-900 adopted 4/15/03)
The city shall submit a written certification verifying compliance
with chapter 395 to the attorney general not later than September
30th of each year. The certification shall be signed by the mayor
and include the statement: “This statement certifies compliance
with Chapter 395, Local Government Code.”
(Ordinance 03-900 adopted 4/15/03)
(a)
Any impact fee or portion thereof collected pursuant to this article
which has not been expended within ten (10) years from the date of
payment shall be refunded, upon application, to the record owner of
the property at the time the refund is 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 section 302.002,
Texas Finance Code.
(b)
If a refund is due pursuant to subsection (a), the city shall prorate the same by dividing 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 or governmental entity 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.
(c)
Upon the request of an owner of the property on which an impact fee
has been paid, the city shall refund such fees if:
(1)
Existing service is available and service is denied;
(2)
Service was not available when the fee was collected and the city
has failed to commence construction of facilities to provide service
within two (2) years of fee payment; or
(3)
Service was not available when the fee was collected and has not
subsequently been made available within a reasonable period of time
considering the type of capital improvement or facility expansion
to be constructed, but in any event no later than five (5) years from
the date of fee payment.
(d)
The city shall refund an appropriate proportion of impact fee payments
in the event that a previously purchased water meter is replaced with
a smaller meter, based on the EDU differential of the two (2) meter
sizes and the per-EDU fee at the time of the original fee payment,
less an administrative charge of fifty dollars ($50.00).
(e)
Petition for refunds shall be submitted to the city engineer on a form provided by the city for such purpose. Within one (1) month of the date of receipt of a petition for refund, the city engineer shall 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 city engineer shall notify the finance director and request that a refund payment be made to the petitioner. The petitioner may appeal the determination to the city manager and city council, as set forth in section 13.14.017.
(Ordinance 03-900 adopted 4/15/03)
