(a)
The impact fees collected within each service area may be used to
finance, pay for or to recoup the costs of any capital improvements
identified in the capital improvement plans for the service area,
including the construction contract price, surveying, and engineering
fees.
(b)
Impact fees may be used to pay for the contract services of an independent
qualified engineer or financial consultant preparing or updating the
capital improvement plans who is not an employee of the political
subdivision.
(c)
Impact fees also may 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 in
the capital improvement plans.
(d)
The city’s finance department shall establish an account to
which interest is allocated for each service area which interest earned
on the impact fees shall be considered funds of the account and shall
be used solely for the purposes authorized in this article.
(e)
The city’s finance department shall maintain and keep financial
records for impact fees which show the source and disbursement of
all fees collected in or expended from each service area to be provided
in the semiannual report to the CIAC.
(f)
The city will present the financial records for impact fees to the
CIAC twice a year and shall be open for public inspection.
(Ordinance 2021-27 adopted 8/10/21; Ordinance 2022-12 adopted 5/24/22)
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,
water meters, or certificates of occupancy. Such impact fees are intended
to be consistent with and to further the policies of the Envision
Odessa 2016 Comprehensive Master Plan, the Master Thoroughfare Plan,
Transportation Master Plan, Water Master Plan, Wastewater Master Plan,
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.
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 and policies of the city, which shall
be operative and remain in full force and effect without limitation
with respect to all such development.
(Ordinance 2021-27 adopted 8/10/21; Ordinance 2022-12 adopted 5/24/22)
(a)
The city shall update its land use assumptions and capital improvement
plans in accordance with Texas Local Government Code chapter 395.
(b)
The collection rates in section 10-4-33 of this article may be amended without revising the land use assumptions and capital improvement plans at any time provided the public hearing process is followed as outlined in Texas Local Government Code chapter 395 and collection rates do not exceed the maximum assessable impact fees. Any update to the collection rate or impact fee ordinance shall require a public hearing following the process outlined with Texas Local Government Code chapter 395, including a collection rate review by the CIAC.
(Ordinance 2021-27 adopted 8/10/21; Ordinance 2022-12 adopted 5/24/22)
(a)
Refunds.
On the written request of an owner on which
an impact fee has been paid, the city will refund the impact fee if:
(1) the impact fee has not been expended within ten (10) years after
payment; or (2) existing facilities are available and service is denied;
or (3) the city has, after collecting the fee when service was not
available, failed to commence construction of facilities required
for service within two (2) years of payment of the impact fee, or
if such construction is not completed 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 (5) years from
the date of the impact fee payment.
(b)
Persons entitled to refunds.
All refunds for paid impact
fees shall be made to the record owner at the time the refund is paid.
However, if impact fees were paid by another governmental entity,
then the refund shall be made to the governmental entity.
(c)
Application for refunds.
The application for a refund
pursuant to this division shall be submitted to the city within sixty
(60) days after the expiration of the ten (10) year period for expenditure
of the fee. An impact fee shall be considered expended on a first-in,
first-out basis.
(d)
Refunds not available for impact fees expended.
An impact
fee collected pursuant to this division shall also be deemed expended
if the total expenditures for capital improvements or facility expansions
within the service area within ten (10) years following the date of
payment exceed the total fees collected within the service area for
such improvements or expansions during such period.
(e)
Calculation of refunds.
If a refund is due pursuant
to this section, the city shall pro-rate 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 total refund payable to any such owner shall be calculated
by multiplying the refund due per service unit by the number of service
units for the property for which the fee was paid, and shall include
interest upon that amount, to be calculated from the date of payment
to the date of the refund at the statutory rate as set forth in the
Texas Finance Code section 302.002 or its successor statute.
(f)
Appeals.
The owner for new development may appeal the
applicability or amount of the impact fee or the availability of offsets
or refunds to the city manager using the following:
(1)
Burden of proof.
The burden of proof shall be on the
owner to demonstrate that the owner is entitled to relief.
(2)
Notice of appeal.
Within thirty (30) days following
the decision being appealed, the owner shall submit to the city manager
a written notice of appeal that states the basis for the appeal with
particularity. To the extent the owner relies on any studies or other
documents as evidence that the owner is entitled to relief, the owner
shall submit such studies and documents with the notice of appeal.
(3)
Resolution of appeal.
The city manager or his/her designee
will respond to the appeal within thirty (30) days of receipt of completed
appeal packet as described above.
(4)
Consideration of appeal by city council.
Following the determination of the city manager, the owner may petition the city council. The petition of appeal to city council shall be filed within thirty (30) days of the city manager’s written decision on the appeal submitted in accordance with subsection (f)(2) above. To the extent that the city council’s action on the appeal requires the owner to pay an impact fee, the owner shall promptly pay the impact fee within five (5) business days after the city council’s action on the appeal. The city council’s action on the appeal shall constitute the city’s final decision on the matter appealed.
(Ordinance 2021-27 adopted 8/10/21; Ordinance 2022-12 adopted 5/24/22)
