This division is intended to impose water and wastewater impact fees, as established in this division, in order to finance public facilities, the demand for which is generated by new development in the designated service area or areas.
(2001 Code, sec. 13.1001)
The city is authorized to enact this division by chapter 395 of the Texas Local Government Code, as amended (“chapter 395”), which authorizes it to enact or impose impact fees on land within its corporate boundaries or extraterritorial jurisdiction, or on land owned by persons with whom it has a water or wastewater 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 division shall not be construed to limit the power of the city to adopt such ordinance pursuant to any other source of local authority, 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 division. Guidelines may be developed by resolution or otherwise to implement and administer this division.
(2001 Code, sec. 13.1002)
As applied in this division, the following words and terms shall be used:
Assessment.
The levying or charging of the approved impact fee per service unit which can be imposed on new development pursuant to this division.
Building permit.
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 a plumbing permit which is associated with an increase in meter unit equivalents on the property.
Capital construction cost of service.
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, attorney’s fees, and expert witness fees), interest charges and other finance costs for bonds, notes or other obligations issued to finance capital improvements identified in the capital improvement plan and not used to reimburse bond funds expended for facilities that are not identified in the capital improvements plan, 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.
Capital improvement plan (CIP).
The plan or plans adopted in section 10.04.038 of this division which identify 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 improvement plan may be composed of a separate water and wastewater capital improvement plan.
Capital improvements advisory committee (advisory committee).
An 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, and, if impact fees are to be applied within the extraterritorial jurisdiction of the city, including one member representing the extraterritorial jurisdiction; or consisting of the planning and zoning commission, including one regular or ad hoc member who is not an employee of the city and which is representative of the real estate, development, or building industry, and, if impact fees are to be applied within the extraterritorial jurisdiction of the city, one representative of the extraterritorial jurisdiction area; which committee is appointed to regularly review and update the capital improvement plan in accordance with the requirements of chapter 395.
City council (council).
The governing body of the City of Azle.
Commercial development.
For the purposes of this division, all development which is neither residential nor industrial.
Comprehensive plan (master plan).
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.
Credit.
The amount of the reduction of a impact fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed.
Existing development.
All development within the service area which has a water or wastewater tap on the city’s water or wastewater system, as of the date of the adoption of this division.
Facility expansion.
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, modernization, or expansion of an existing facility to better serve existing development.
Final plat.
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. A final plat shall not include an amended plat which does not show any lots in addition to those on the original plat.
Impact fees.
The 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 land for public parks or payment in lieu of the dedication to serve park needs; dedication of rights-of-way or easements, or construction or dedication of site-related water distribution or wastewater collection facilities required by other ordinances of the city; or lot or acreage fees placed in trust funds for the purpose of reimbursing developers for overriding [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.
Industrial development.
Development which will be assigned to the industrial customer class of the water or wastewater utilities; generally, development in which goods are manufactured, or development which is ancillary to such manufacturing activity.
Land use assumptions.
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, as may be amended from time to time, upon which the capital improvement plan is based.
Meter unit equivalent (MUE).
The basis for establishing equivalency among and within various customer classes and land uses. For water and wastewater uses, a MUE is based upon the relationship of the continuous daily maximum flow rate in gallons per minute for a water meter of a given size and type and to the continuous daily maximum flow rate in gallons per minute for a 3/4" diameter simple water meter, using American Water Works Association C700-C703 standards. The table of equivalencies for water and wastewater included in exhibit A are on file in the office of the city secretary.
New development.
The 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 or wastewater service or requires the purchase of a new water or wastewater tap. New development also includes increasing the size of the water or sewer meter serving the property. New development includes the purchase of a water tap resulting from the conversion of an individual well to the city’s water utility but does not include the purchase of a wastewater tap resulting from the conversion of an individual septic or other individual waste disposal system to the city’s wastewater utility.
Offset.
The amount of the reduction of an impact fee designed to fairly reflect the value of system-related facilities, pursuant to rules herein established or administrative guidelines, provided and funded by a developer pursuant to the city’s subdivision regulations or requirements.
Public services director.
The public services director of the city or his or her designee.
Residential development.
A lot developed for use and occupancy as a residence or residences, according to the city’s zoning ordinance.
Service area.
An area defined in this division within the corporate boundaries or extraterritorial jurisdiction of the city or other areas served by the city for water and wastewater facilities to be served by the capital improvements or facility expansions specified in the capital improvement plan. The service area used for the calculation of water and wastewater fees is set forth in exhibit A on file in the office of the city secretary.
Service unit.
A 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 for a particular category of capital improvements or facility expansions. In this division, a service unit is based on setting a 3/4" water meter as the standard size meter for single-family residential properties. 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. Service units for water and wastewater impact fees are expressed in meter unit equivalents (MUEs).
Site-related facility.
An improvement or facility which is for the primary use or benefit of a new development and for 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.
System-related facility.
A capital improvement or facility expansion which is designated in the capital improvement plan and which is not a site-related facility. A system-related facility may include a capital improvement which is located off-site, within or on the perimeter of the development site.
Tap purchase.
The filing with the city of a written application for a water or wastewater tap and the acceptance of applicable fees by the city.
Wastewater facility.
An improvement for providing wastewater collection and treatment service, including, but not limited to, treatment facilities, lift stations, or interceptor mains and necessary land or easements therefor. Wastewater facility excludes wastewater collection lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Wastewater facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site wastewater collection facilities required by valid ordinances of the city and necessitated by and attributable to the new development.
Wastewater facility expansion.
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.
Wastewater improvement plan.
A portion of the capital improvement plan, as may be amended from time to time, which identifies the wastewater facilities or wastewater expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this division.
Water facility.
An improvement for providing water service, including, but not limited to, water supply facilities, treatment facilities, pumping facilities, storage facilities, or transmission mains and necessary land or easements therefor. Water facility excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Water facilities also exclude dedication of rights-of-way or easements or construction or dedication of on-site water distribution facilities required by valid ordinances of the city and necessitated by and attributable to the new development.
Water facility expansion.
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.
Water improvement plan.
A portion of the capital improvement plan, as may be amended from time to time, which identifies the water facilities or water expansions and their associated costs which are necessitated by and which are attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this division.
(2001 Code, sec. 13.1003)
(a) 
This division shall be uniformly applicable to new development which occurs within the corporate limits of the city and its extraterritorial jurisdiction, and other areas served by the city’s water and wastewater facilities.
(b) 
No new development shall be exempt from the assessment of impact fees as defined in this division.
(2001 Code, sec. 13.1004)
No application for new development shall be approved within the city without assessment of impact fees pursuant to this division, and no water and wastewater tap shall be issued and no building permit shall be issued unless the applicant has paid the applicable impact fees imposed by and calculated hereunder.
(2001 Code, sec. 13.1005)
(a) 
Service areas for water and wastewater impact fees are hereby established as depicted and included in exhibit A, on file in the office of the city secretary, which is incorporated herein for all purposes.
(b) 
The service areas shall be established consistent with any facility service area defined in the capital improvement plan for each utility or facility. Additions or revisions to the service areas may be approved by the city council consistent with the procedures set forth in chapter 395.
(2001 Code, sec. 13.1006)
The land use assumptions used in the development of the impact fees, included in exhibit A to this article, on file in the office of the city secretary, are hereby adopted and replace the land use assumptions previously codified in this section. These assumptions may be revised by the city council according to the procedures set forth in chapter 395.
(Ordinance 2018-01 adopted 1/16/18)
(a) 
The capital improvement plan for the city is hereby adopted as two separate components, the water capital improvement plan and the wastewater capital improvement plan, which are included in exhibit A to this article, on file in the office of the city secretary, and are hereby adopted and replace the capital improvement plans previously codified in this section.
(b) 
The water and wastewater capital improvement plan may be amended by the city council from time to time, pursuant to the procedures set forth in chapter 395.
(Ordinance 2018-01 adopted 1/16/18)
(a) 
Service units are established in accordance with generally accepted engineering and planning standards. Service units for water and wastewater impact fees are expressed in meter unit equivalents (MUEs).
(b) 
The city council may revise the service units designation according to the procedures set forth in chapter 395.
(c) 
Service units for water and wastewater fees shall be calculated based on meter unit equivalents as determined by the size of the water meter(s) for the development. The meter types used to calculate the number of MUEs shall be either simple displacement, compound displacement or turbine meters.
(d) 
The meter unit equivalents used for the calculation of water and wastewater impact fees are set forth in the Table of Equivalencies - Water and Wastewater, included in exhibit A, on file in the office of the city secretary.
(e) 
If the public services director determines that the water pressure in the city’s transmission main is significantly higher or lower than standard pressure such that the size of the water meter is not indicative of actual service demand, the public services director may adjust the number of MUEs based on a smaller or larger sized meter which more accurately reflects the flow rate and typical system pressure conditions.
(f) 
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 residential, commercial or industrial 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.
(g) 
Upon wastewater tap purchase for lots for which no water meter has been purchased, service units shall be calculated based on a 3/4" water meter unless other data is submitted by a professional engineer licensed in the state, which is reviewed and approved by the public services director.
(h) 
The public services director or the city council may approve an alternative calculation of meter unit equivalents for a particular development based upon an engineering report prepared by a qualified professional engineer licensed to perform such engineering services in the state which demonstrates that the number of MUEs for the development will be different than shown in exhibit A, on file in the office of the city secretary.
(2001 Code, sec. 13.1009)
(a) 
The maximum impact fee per service unit for each service area shall be computed by subtracting fifty percent 50% of the total projected cost of implementing the capital improvement plan from the capital construction cost in the capital improvement plan for that category of capital improvements, and dividing that amount by the total number of projected service units anticipated within the service area which are necessitated by and attributable to new development, used on the land use assumptions for that service area. The total impact fee assessed per service unit shall be a combination of the water and sewer impact fees. The assessed impact fees per service unit established by category of capital improvements are on file in the office of the city secretary, and as set forth in the fee schedule in appendix A to this code.
(b) 
The maximum assessable impact fees in exhibit A, on file in the office of the city secretary, are hereby by adopted and shall replace the maximum assessable impact fees previously codified in this section. The maximum assessable impact fees may be amended by the city council according to the procedures set forth in chapter 395.
(Ordinance 2018-01 adopted 1/16/18)
(a) 
The approval of any subdivision of land or of any new development shall include as a condition the assessment of the impact fees applicable to such development.
(b) 
Assessment of impact fees for any new development shall be at the time of final plat approval and shall be the impact fee per service unit then in effect, as set forth in exhibit A, on file in the office of the city secretary, and section 10.04.040 of this division.
(1) 
Where a final plat is approved after the effective date of this division for a development which had applied for such approval prior to the effective date of this division, impact fees shall be assessed at the rate in effect on the date of application.
(2) 
For a development which received final plat approval prior to adoption of impact fees by the city, or for which no plat approval is required, assessment of impact fees shall be at the time of water or wastewater tap purchase in the amount set forth in exhibit A, on file in the office of the city secretary, and section 10.04.040 of this division.
(3) 
After a development has been assessed impact fees under this or any prior ordinances, no new impact fee shall be assessed against that development unless:
(A) 
The final plat lapses or expires or a new application for final plat approval is submitted on the property; or
(B) 
The number of service units to be developed on the property increases.
(4) 
For purposes of this section, a final plat shall not include an amended plat submitted under the city’s subdivision ordinance that does not increase the number of lots on the plat being amended.
(c) 
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.
(2001 Code, sec. 13.1011)
(a) 
Following a request for a building permit, [or] water or wastewater tap purchase for new development, the city shall compute water and wastewater impact fees due for the new development in the following manner:
(1) 
The number of MUEs shall be determined by the size of the water meter(s) based on the table set forth in exhibit A, on file in the office of the city secretary, or as otherwise determined by the city council or public services director as provided in section 10.04.039(h) of this division.
(2) 
MUEs shall be summed for all meters purchased for the development.
(3) 
The total number of MUEs shall be multiplied by the impact fee per MUE (3/4" water meter) set forth in the applicable fee schedule in exhibit A, on file in the office of the city secretary.
(4) 
Fee credits and offsets shall be subtracted as determined by the process set forth in section 10.04.044 of this division.
(b) 
The value of each impact fee due for a new development shall not exceed a value computed by multiplying the fee assessed per service unit pursuant to section 10.04.041 by the number of service units generated by the development.
(c) 
Separate impact fees shall be calculated for water and wastewater service.
(d) 
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 meter. Notwithstanding the above, for a single-family residential property which is an active customer of the water or wastewater utilities and which purchases a larger water meter, no new water or wastewater impact fee shall be charged.
(2001 Code, sec. 13.1012)
(a) 
No building permit or water or wastewater tap shall be issued until all impact fees have been paid to the city except as provided otherwise by contract.
(b) 
Except as provided below, impact fees shall be collected at the time of the issuance of the building permit for new development, or, if no building permit is required, at the time of tap purchase.
(c) 
The city may provide for a different date of fee collection under any of the following circumstances:
(1) 
The city may collect impact fees at the time of platting for any development which will utilize capital improvements which are subject to pro rata reimbursement.
(2) 
The city may defer collection of impact fees to a later date where service for which the fee is assessed will not be available within a reasonable period of time.
(3) 
The city may, at is sole discretion, enter into contracts with the owners of tracts of land for which a plat has been recorded to establish a different date and method of payment of the impact fees.
(d) 
The city shall collect the lesser of the impact fee assessed under section 10.04.041 of this division or the impact fee which would have been assessed were the final plat approved the same day the impact fee is collected.
(e) 
The wastewater impact fee will be waived where the customer is disconnecting from a septic tank system and is connecting to the public wastewater system.
(f) 
The city council shall have the authority to waive impact fees for individual hardship, purposes of promoting general economic development, or automatic lawn or landscape sprinkler systems.
(g) 
If fees are not completely waived as provided in subsection (f) above and the applicant demonstrates to the city council that the payment of the full amount of the fee at the time of building permit issuance or tap purchase will work a financial hardship against the applicant, the city council may approve an alternate payment agreement.
(1) 
Upon approval by the city council, the impact fees for such customers may be paid in increments over a period of not more than one year for residential customers or five years for other customers, with interest computed on the unpaid balance at the statutory rate as set forth in section 302.002, Texas Finance Code.
(2) 
If the city approves the extended payment plan, the applicant shall, as a condition of tap sale, sign and file with the city secretary, and consent to the recordation of, a “notice of impact fee due,” which shall be recorded as a lien against the subject property. The city shall release the lien held only upon payment in full of the impact fees and any late penalties and applicable interest.
(3) 
Late payment shall subject the applicant to a penalty of ten percent of the amount due and additional interest in addition to all other remedies available to the city as lienholder.
(Ordinance 2013-05 adopted 3/19/13)
(a) 
The city may offset the present value of any system-related facilities, pursuant to rules established in this section, which have been dedicated to and have been received by the city, including the value of rights-of-way and capital improvements constructed pursuant to an agreement with the city, against the value of the impact fee due for that category of capital improvement.
(b) 
The city may credit impact, perimeter roadway, 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.
(c) 
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 improvement plan as eligible for impact fee funding.
(d) 
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.
(e) 
All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this division and additional standards promulgated by the city, which may be adopted as administrative guidelines:
(1) 
No offset or credit shall be given for the dedication or construction of site-related facilities unless such facilities are identified in the capital improvement plans as eligible for impact fee funding.
(2) 
The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the capital improvement plans for the category of facility for which the impact fee is imposed.
(3) 
If an offset or 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 offset or credit shall expire.
(4) 
The city will not reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to this division 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.
(f) 
An applicant for new development must apply for an offset or credit against impact fees due for the development either at or before the time of fee assessment, or the entitlement to such offset or credit shall be deemed waived, unless the city agrees to a different time. The applicant shall file an application for offsets or 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 offset or credit request, including the reasons for the decision. The decision shall specify the maximum value of the offset or 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.
(g) 
The available offset or credit associated with the plat shall be applied against an impact fee in the following manner:
(1) 
Such offset or 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 offset or credit calculation described in subsection (g)(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 offset or credits, for the excess service units.
(h) 
At its sole discretion, the city may authorize alternative credits or offsets upon petition by the owner in accordance with guidelines promulgated by the city.
(2001 Code, sec. 13.1014)
(a) 
The city shall establish separate interest-bearing accounts, in a bank authorized to receive deposits of city funds, 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 10.04.046.
(c) 
The city shall maintain and keep adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in section 10.04.046. 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 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 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 improvement plan as system-related capital projects. The city finance department shall also maintain such records as are necessary to ensure that refunds are appropriately made under the provisions in section 10.04.048 of this division, and such other information as may be necessary for the proper implementation of this division.
(2001 Code, sec. 13.1015)
(a) 
The impact fees collected pursuant to this division 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 division 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 facility 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.
(2001 Code, sec. 13.1016)
(a) 
The property owner or applicant for new development may appeal the following decisions of the public services director to the city manager:
(1) 
The applicability of an impact fee to the development;
(2) 
The calculation of applicable service units attributable to the development;
(3) 
The value of the impact fee due;
(4) 
The availability or the value of an offset or credit;
(5) 
The application of an offset or credit against an impact fee due:
(6) 
The amount of the refund due under section 10.04.048, if any.
(b) 
An appeal to the city manager must be filed by the applicant with the city secretary within thirty (30) days following the public services director’s decision. The city council shall hear the appeal within 45 days of receipt by the city secretary. Notice of the hearing shall be mailed to the applicant at least seven (7) days prior to the hearing.
(c) 
At the hearing, the city manager 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.
(d) 
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 offset or credit was not calculated according to the applicable impact fee schedule or the guidelines established in this division. 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.
(e) 
Following the hearing, the city manager shall consider all relevant evidence and determine whether the appeal should be granted (in whole or in part) or denied.
(f) 
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.
(2001 Code, sec. 13.1017)
(a) 
Any impact fee or portion thereof collected pursuant to this division 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, or any successor statute.
(b) 
If a refund is due pursuant to subsection (a) above, 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 completion of all the capital improvements or facilities expansions identified in the capital improvements plan upon which the fee was based, 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 by more than ten percent (10%). The refund to the record owner or governmental entity 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.
(d) 
Upon the request of an owner of the property on which a water or wastewater 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 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 no event later than five years from the date of fee payment.
(e) 
The city shall refund an appropriate proportion of water impact fee payments in the event that a previously purchased water meter is replaced with a smaller meter, based on the MUE differential of the two meter sizes and the per-MUE fee at the time of the original fee payment, less an administrative charge in the amount established in appendix A to this code.
(f) 
Petition for refunds shall be submitted to the public services director on a form provided by the city for such purpose. Within one month of the date of receipt of a petition for refund, the public services director must 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 public services director shall notify the city secretary and request that a refund payment be made to the petitioner. The petitioner may appeal the determination to the council, as set forth in section 10.04.047.
(2001 Code, sec. 13.1018; Ordinance adopting Code)
The city shall review the land use assumptions and capital improvement 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 improvement plan referenced herein. The city council shall accordingly then make a determination of whether changes to the land use assumptions, capital improvement plan or impact fees are needed and shall, in accordance with the procedures set forth in chapter 395, either update the fees or make a determination that no update is necessary.
(2001 Code, sec. 13.1019)
(a) 
The functions of the advisory committee are those set forth in chapter 395 and shall include the following:
(1) 
Advise and assist the city in adopting land use assumptions;
(2) 
Review the capital improvement plan regarding water and wastewater capital improvements and file written comments thereon;
(3) 
Monitor and evaluate implementation of the capital improvement plan;
(4) 
Advise the city of the need to update or revise the land use assumptions, capital improvement plan and impact fees; and
(5) 
Submit to the city council a semiannual report evaluating the progress of the city in achieving the capital improvement plan and identifying any problems in implementing the plan or administering the impact fees.
(b) 
The city shall make available to the advisory committee any professional reports prepared in the development or implementation of the capital improvement plan.
(c) 
The city council may adopt procedural rules for the committee to follow in carrying out its duties.
(2001 Code, sec. 13.1020)
(a) 
The city council may authorize the owner of a new development to construct or finance some of the public improvements identified in the capital improvement plan. In the case of such approval, the property owner must enter into an agreement with the city prior to collection of impact fees. The agreement shall be on a form approved by the city, and shall establish the estimated cost of the improvements, the schedule for initiation and completion of the improvements, a requirement that the improvements shall be completed to city standards, and any other terms and conditions the city deems necessary. The public services director shall review the improvement plan, verify costs and time schedules, determine if the improvements are contained in the capital improvement plan, and determine the method and timing of reimbursing the owner for construction costs from impact fee or other revenues. The amount of the applicable credit for such improvement to be credited to the otherwise applicable impact fee shall be calculated before submitting the proposed agreement to the city council for approval.
(b) 
The city and such owner either may agree that the costs incurred or funds advanced will be credited against the impact fees otherwise due from the new development, or they may agree that the city shall reimburse the owner for such costs from impact fees paid from other new developments which will use such capital improvements or facility expansions.
(2001 Code, sec. 13.1021)
(a) 
The city may finance water and wastewater capital improvements or facilities expansions designated in the capital improvement 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.
(2001 Code, sec. 13.1022)
(a) 
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 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 improvement 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 division 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.
(2001 Code, sec. 13.1023)
(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 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 act be performed within sixty (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 sixty (60) days of the date of the request and to continue until completion.
(b) 
The city council may grant a variance or waiver from any requirement of this division, upon written request by a developer or owner of property subject to this division, following a public hearing, upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property.
(2001 Code, sec. 13.1024)
The city shall submit a written certification verifying compliance with chapter 395 to the attorney general not later than September 30 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.”
(2001 Code, sec. 13.1025)