(a) 
Impact fees shall not be collected from any local taxing unit, as defined in the state Tax Code, that is authorized to impose and is imposing ad valorem taxes on property.
(b) 
No wastewater impact fee shall be charged for an irrigation meter.
(c) 
No impact fee shall be charged for a fire line meter that serves only a fire suppression system.
(d) 
The city may adopt and administer guidelines to encourage the construction of affordable housing and to encourage water efficient development and may, pursuant to said adopted guidelines, enter into an agreement to refund a percentage of the impact fees paid for construction of new single-family dwellings that qualify under said guidelines.
(Ordinance 101007-1 adopted 10/7/10)
(a) 
A property owner or applicant for new development may appeal the following decisions to the city council:
(1) 
The applicability of an impact fee to the development;
(2) 
The amount of the impact fee due;
(3) 
The availability of, the amount of, or the expiration of an offset or credit;
(4) 
The application of an offset or credit against an impact fee due;
(5) 
The amount of the impact fee in proportion to the benefit received by the new development;
(6) 
The amount of a refund due, if any;
(7) 
The applicability of an exception or exemption.
(b) 
The appellant must file a notice of appeal with the city secretary within thirty (30) days following the decision being appealed. If the notice of appeal is accompanied by a bond or other surety instrument, satisfactory to the city, in an amount equal to the original determination of the impact fee due, the development application may be processed and approved while the appeal is pending.
(c) 
The appeal shall be heard by the city council at its next regular meeting that is scheduled at least 15 days from the date that the appeal is filed. The appellant may present evidence directly relevant and material to the grounds for the appeal. The city council may limit the appellant’s presentment of evidence to a reasonable time period. The burden of proof shall be on the appellant to demonstrate that the decision being appealed was not in accordance with this article or other standards or guidelines adopted under or referred to in this article.
(d) 
The city council, after a public hearing, may grant the appeal in whole or in part, or deny the appeal. If the amount of an impact fee is reduced, any portion of the impact fee paid under protest shall be refunded to the appellant.
(Ordinance 101007-1 adopted 10/7/10)
(a) 
Any person who has paid an impact fee or a property owner of land upon which an impact fee has been paid may submit a written petition to the city council to determine whether any duty required by this article has been performed within the time so prescribed. The petition shall be submitted to the city secretary and shall state the nature of the unperformed duty. The city council shall hear the petition within sixty (60) days of the request. If the council determines that the duty is required by this article and is late in being performed, the council shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion. This subsection shall not apply to matters which may be appealed under section 16.02.082 above.
(b) 
The city council may grant a variance or waiver in whole or in part from any requirement of this article, upon written request by a property owner, following a public hearing. The council will grant a variance only upon finding that a strict application of a requirement would, when regarded as a whole, result in confiscation of the property owner’s property.
(c) 
If the city council grants a variance to the amount of the impact fee due for a new development under this section, the council may transfer the amount of the reduction in the impact fee to the proper impact fee account from other city funds.
(Ordinance 101007-1 adopted 10/7/10)