This article implements a policy of the city to impose impact
fees upon new development in compliance with Chapter 395 of the Local
Government Code of Texas, or its successor, in order to pay certain
costs of constructing and expanding capital improvements to serve
new development.
(1995 Code of Ordinances, Chapter 11, Article 11.700,
Section 11.701)
The following definitions apply in this article:
The city planning and zoning commission or other committee
appointed by the city council in accordance with this article.
The roadway facilities and water and wastewater facilities
(including expansions of existing roadway facilities and water and
wastewater facilities to provide additional capacity) that are identified
as capital improvements or facility expansions in the capital improvements
plan.
The capital improvements plan adopted by the city council,
as updated and amended pursuant to this article. The capital improvements
plan identifies those capital improvements for which impact fees may
be imposed by the city, service areas, the maximum fee rate allowed
in accordance with the impact fee statute, and other pertinent information.
The City of DeSoto, Texas.
A contract relating to capital improvements and impact fees
entered into by the city and a property owner in accordance with this
article.
The expansion of the capacity of an existing facility that
serves the same function as an otherwise necessary new capital improvements,
in order that the existing facility may serve new development. The
term does not include the repair, maintenance, modernization, or expansion
of an existing facility to better serve existing development.
Chapter 395 of the Texas Local Government Code, as amended.
The report prepared by Freese & Nichols, Inc. dated July
2021 titled Roadway, Water and Wastewater Impact Fee Report prepared
for the city, a true and correct copy of which is on file in the office
of the city secretary and is incorporated herein by reference.
The projections of population and employment growth and associated
changes in land uses, densities and intensities adopted by the city,
as set forth in Chapter of the Impact Fee Study, as amended from time
to time, upon which the impact fee capital improvements plans are
based.
A table converting the demands for capital improvements generated
by various land uses to numbers of service units, as may be amended
from time to time. The land use equivalency table may be incorporated
in a schedule of impact fee rates.
The dollar rate per service unit determined by the capital
improvements plan as the maximum rate for calculating and assessing
impact fees allowed in accordance with the impact fee statute. Maximum
fee rates for roadway facilities are established in Schedule 1 found
in found in the fee schedule found in the appendix of this code. Maximum
fee rates for water facilities are established in Schedule 3 found
in found in the fee schedule found in the appendix of this code. The
maximum fee rates for wastewater facilities are established in Schedule
5 found in found in the fee schedule found in the appendix of this
code.
The subdivision of land within the territorial boundaries
of the city that increases the number of service units for which an
impact fee may be payable, the construction, reconstruction, relocation,
structural alteration, remodeling, or other physical change in any
structure located within the territorial boundaries of the city that
increases the number of service units for which an impact fee may
be payable, or any use, extensions of the use or change in use of
land or structures located within the territorial boundaries of the
city that increases the number of service units for which an impact
fee may be payable.
Any property that is not residential property. Property located
in a multi-family zoning district is considered non-residential property
for purposes of this article.
The dollar rate per service unit established by this article
for paying and collecting impact fees. The payment and collection
rate is less than or equal to the maximum fee rate. Payment and collection
rates for roadway facilities are established in Schedule 2 found in
found in the fee schedule found in the appendix of this code. Payment
and collection rates for water facilities are established in Schedule
4 found in the fee schedule found in the appendix of this code. The
payment and collection rates for wastewater facilities are established
in Schedule 6 found in the fee schedule found in the appendix of this
code.
Any final subdivision plat or final subdivision replat of
any lot or tract within the territorial boundaries of the city approved
by the city planning commission under the provisions of Chapter 212
of the Texas Local Government Code and this code, excluding, however,
any subdivision plat or replat solely for any of the purposes described
in Subsections 212.016(a)(1)-(9) of the Texas Local Government Code
(relating to corrections of errors and similar matters).
Property located within a single family, duplex, town house,
patio or a planned development zoning district (or identifiable portion
of such a district) limited to single-family, duplex, town house or
patio use; and property used for single-family, duplex, town house,
or patio use on the effective date of this article, although not located
within such zoning district .
An improvement or appurtenance to a roadway which includes,
but is not limited to, rights-of-way, whether conveyed by deed or
easement; intersection improvements; traffic signals; turn lanes;
drainage facilities associated with the roadway facility; street lighting
or curbs; and water and wastewater improvements affected by the roadway
facility.
The term “roadway facility” also includes any improvement
or appurtenance to an intersection with a roadway officially enumerated
in the federal or state highway system, and to any improvements or
appurtenances to such federal or state highway, to the extent that
the city has incurred capital costs for such facilities, including
without limitation local matching funds and costs related to utility
line relocation and the establishment of curbs, gutters, sidewalks,
drainage appurtenances and rights-of-way.
The term “roadway facility” does not include those
improvements or appurtenances to any roadway which is a site-related
facility.
In the case of impact fees for water and wastewater facilities,
the entire area within the territorial boundaries of the city. In
the case of impact fees for roadway facilities, any of the several
roadway facility service areas described on the service area map.
The service area map included in the capital improvements
plan, which shows the territorial boundaries of the city (the water
and wastewater facilities service area) and the boundaries of each
of the roadway facilities service areas.
In the case of impact fees for water and wastewater facilities,
the service unit shall be a "five-eighths inch (5/8") water meter
equivalent," as more particularly described in the capital improvements
plan. In the case of impact fees for roadway facilities, the service
unit shall be a "vehicle-mile in the p.m. peak hour," as more particularly
described in the capital improvements plan.
Ratio of a service unit to various types of land uses which
serves as an equivalent measure of consumption, use or general attributable
to the new development. For roadway facilities, the SUE is established
in Schedule 7 found in the fee schedule found in the appendix of this
code and for water and wastewater facilities the SUE is established
in Schedule 8 found in the fee schedule found in the appendix of this
code.
Any buildings or other improvements to land, including sidewalks,
paving, lighting, irrigation systems, drainage and storm water detention
facilities, and utility and communication lines and equipment.
Water supply, treatment, holding, and distribution or collection
facilities identified in the capital improvements plan, as well as
any related land, easements, treatment plants, pumps, or other necessary
appurtenances.
(1995 Code of Ordinances, Chapter 11, Article 11.700,
Section 11.702; Ordinance 2243-21 adopted 9/21/21)
(a)
The
advisory committee shall consist of the city planning and zoning commission.
The composition of the advisory committee shall comply with applicable
requirements of the impact fee statutes, including any requirements
for representation of the real estate, development, or building industries
by persons who are not employees or officials of a political subdivision
or governmental entity.
(b)
The
advisory committee shall serve only in an advisory capacity, and shall:
(1)
Monitor and evaluate implementation of the capital improvements plan
and this article.
(2)
File semi-annual reports about the implementation of the capital
improvements plan and this article, including any inequities perceived
by the advisory committee. The semi-annual report may consist of,
or be reflected in, the minutes of a meeting of the advisory committee.
(3)
Report annually to the city council concerning the need to update
or revise the land use assumptions, the capital improvements plan,
or this article. The annual report may be delivered orally at a meeting
of the city council or in writing.
(4)
Provide advice and assistance in connection with any amendment of
the land use assumptions, the capital improvements plan, or this article.
(5)
File written comments on any amendment of the land use assumptions,
the capital improvements plan, or this article.
(6)
Take such other actions as may be required by the impact fee statute
or other applicable law.
(c)
All
professional reports concerning the development, implementation, or
amendment or the land use assumptions, the capital improvements plan,
or this article shall be made available to the advisory committee.
(1995 Code of Ordinances, Chapter 11, Article 11.700,
Section 11.703)
The planning department shall be responsible for the administration
of this article, and shall:
(1)
Provide
assistance and administrative support to the advisory committee.
(2)
On
behalf of the city, receive all reports and recommendations of the
advisory committee.
(3)
Keep
the land use assumptions, the capital improvements plan, and the service
area map on file, and afford the public reasonable access to those
documents.
(4)
Provide
for the calculation, collection, investment, disbursement, and refund
of impact fees in accordance with this article.
(5)
Provide
for the maintenance of appropriate accounting and other records.
(6)
Direct
and coordinate activities of other city departments involved in the
implementation of this article.
(7)
Take
such other actions as may be necessary or desirable to carry out the
provisions of this article.
(1995 Code of Ordinances, Chapter 11, Article 11.700,
Section 11.704)
(a)
For
roadway facilities, the amount of the impact fee payable (exclusive
of any credits) shall be calculated by multiplying the number of service
units attributable to the new development by the payment and collection
rate established in schedule 2 found in the fee schedule found in
the appendix of this code. The number of service units attributable
to the new development shall be determined by multiplying the applicable
service unit equivalency factor established in schedule 7 found in
the fee schedule found in the appendix of this code for each land
use of the new development by the size or amount of the new development
(in dwelling units, floor area, or other units of measurement as appropriate
for the service unit equivalency factor).
(b)
The
impact fee per service unit which is to be paid by each new development
within a service area shall be that established by ordinance by the
city council, as such may be amended from time to time, and shall
be an amount less than or equal to the maximum impact fee per service
unit established in section (a) of this section.
(c)
If
no service unit equivalency factor in schedule 7 found in the fee
schedule found in the appendix of this code applies, the determination
of the appropriate category will be made by the director of planning
based on the most similar listed use. The applicant may submit studies
for land use equivalencies not listed based on traffic engineering
methodologies pursuant to city guidelines.
(d)
For
water and wastewater facilities, the amount of the impact fee payable
(exclusive of any credits) shall be calculated by multiplying the
number of service units attributable to the new development by the
payment and collection rate established in schedules 4 and 6 found
in the fee schedule found in the appendix of this code. The number
of service units attributable to the new development shall be the
equivalent number of service units for the water meter size (or in
the case of a replacement water meter, the incremental increase in
water meter size) serving the new development determined in accordance
with Schedule 8 found in the fee schedule found in the appendix of
this code.
(e)
The
payment and collection rate used in calculating impact fees payable
may change as the result of future amendments to this article. If
the payment and collection rate established in this article changes,
the applicable payment and collection rate for purposes of calculating
impact fees payable shall be the lesser of (1) the payment and collection
rate in effect under this article at the time the impact fee is payable
and (2) the rate assessed as follows:
(1)
If a plat is approved by the city planning and zoning commission
after the effective date of this article, the assessed rate for the
property on that plan shall be the maximum fee rate as shown in schedules
1, 3 and 5 found in the fee schedule found in the appendix of this
code in effect on the date that the plat is approved unless a subsequent
plat or zoning change occurs that increases the number of service
units that may be attributable to that property. In that case, the
assessed rate for the additional service units only shall be the maximum
fee rate in effect on the date of approval of the subsequent plat
or zoning change, and for all other service units, the assessed rate
shall be the maximum fee rate in effect on the date that the initial
plat was approved.
(2)
In all other circumstances, the assessed rate shall be the maximum
fee rate in effect on the date that the impact fee is payable.
(Ordinance 2243-21 adopted 9/21/21)
(a)
Credits
against impact fees payable shall be allowed as follows:
(1)
Credit against impact fees for roadway facilities shall be allowed
for land and/or improvements that the city requires an owner to dedicate
and/or construct at the owner's expense (or that an owner dedicates
and/or constructs pursuant to a development agreement) for:
(A)
Roadway facilities in the capital improvements plan.
(B)
Rights-of-way and other road improvements for roads of the city not
included in the capital improvements plan but designated in the city's
major thoroughfare plan, as amended, as "Type E" or wider that are
actually dedicated and constructed to the width shown on the city's
major thoroughfare plan.
(C)
Rights-of-way for numerically designated state highways.
(2)
Credit against impact fees for water and wastewater facilities shall
be allowed for the portion of water and wastewater facilities in the
capital improvements plan that the city requires an owner to construct
at the owner's expense (or that an owner constructs pursuant to a
development agreement) and that are not reimbursable to the owner
from water or wastewater pro-rata charges collected under other ordinances
of the city or the provisions of this article.
(b)
In
the case of water and sewer capital recovery fees paid prior to the
adoption of this article, the amount of the credit allowed shall equal
the amount of the fees previously paid. In all other cases, the amount
of the credit allowed shall equal the product obtained by multiplying
the following:
(1)
The value or cost of the land and improvements used in the capital
improvements plan for the calculation of the maximum fee rate assessed
under this article (regardless of the actual value of land and improvements
dedicated and constructed); by
(2)
A fraction with a numerator equal to the payment and collection rate
used in calculating the impact fee payable and with a denominator
equal to the maximum fee rate assessed under this article.
(c)
If
impact fees have been collected on residential property at the time
of platting, and if the property is subsequently rezoned as non-residential
property before construction of single-family, duplex, patio or town
home dwellings, credit shall be allowed to the extent of any impact
fees previously paid.
(d)
Except
for water and sewer capital recovery fees paid prior to the effective
date of this article, no credit shall be allowed for land, improvements,
fees, or other charges or assessments dedicated, constructed, or paid
prior to the effective date of this article.
(e)
Credits
shall be allowed only to the extent that land and completed improvements
have been accepted by the city at the time the impact fee is payable
unless:
(1)
Impact fees are paid for residential property at the time a plat
is released for recording, in which case credit shall be allowed at
the time of payment of the impact fees, and completion and acceptance
of the land and improvements by the city shall be a condition to the
issuance of any building permit for construction of dwellings on such
residential property; or
(2)
The city otherwise agrees in a development agreement.
(f)
Unless
the city otherwise agrees in a development agreement, allowed credits
shall be applied to reduce impact fees only when an impact fee is
actually paid, and no one shall be entitled to any refund or reimbursement
of any credit allowed but not so applied. Any unapplied credit may,
however, be applied against impact fees attributable to any additional
new development on the same land in the future.
(g)
Unless
the city otherwise agrees in a development agreement, credits under
this article shall be an incident of ownership of the land on which
new development occurs, and may not be assigned or transferred separately
from the land. Any transfer, however, shall be limited to the same
service area. Unless the city otherwise agrees in a development agreement,
if any land area for which a credit has been allowed is owned by more
than one owner, the city shall allocate the credit pro rata based
on land area to the owner then obligated to pay impact fees. The city
shall never have any duty to investigate the ownership of land, but
may rely fully on information submitted by the party requesting a
credit under this article.
(h)
No
credit shall be allowed under this article unless an application is
first submitted to city requesting the credit. The application shall
be accompanied by any materials that the city requires to verify the
applicants entitlement to the credit or the amount of the credit.
(i)
An
applicant for new development must apply for a credit against impact
fees due for the development either at the time of application for
final plat approval or (1) for roadway facilities fees, at the time
of the building permit application, or if no building permit is required,
at the time a certificate of occupancy is issued, and (2) for water
and wastewater facilities, at the time of application for building
permit application, or if no building permit is required, then at
the time of connection, unless the city agrees to a different time.
The applicant shall file an application for credits with the city
on a form provided for such purpose. The contents of the application
shall be established by administrative guidelines. The city must provide
the applicant, in writing, with a decision of 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.
(j)
The
available credit associated with the plat shall be applied against
an impact fee in the following manner:
(1)
For residential property in a new development which received final
plat approval, such credit shall be prorated equally among such property
and shall remain applicable to such property, to be applied at the
time of filing an acceptance of an application for a building permit
or connection, as appropriate against impact fees due.
(2)
For non-residential development which have received final plat approval,
the credit shall be applied to the impact fee due at the time of issuance
of the first building permit or connection to which the credit is
applicable, and thereafter to all subsequently issued building permits
or connections, until the credit has been exhausted.
(3)
At its sole discretion, the city may authorize alternative credit
upon request by the owner in accordance with guidelines promulgated
by the city. Credits can only be used to reduce impact fees assessed
under this article; and
(4)
The city shall not refund any unused available credit or be liable
for the same unless otherwise provided by Chapter 395 of the Local
Government Code of Texas, or its successor.
(1995 Code of Ordinances, Chapter 11, Article 11.700,
Section 11.706)
(a)
Impact
fees shall be due and payable as follows:
(1)
Prior Platted Residential Property. For new development on residential
property located on a plat recorded before the effective date of this
article, impact fees shall be due and payable:
(A)
For roadway facilities, on the issuance of any building permit for
the new development, or if a building permit is not required for the
new development, on issuance of the certificate of occupancy.
(B)
For water and wastewater facilities on the issuance of a building
permit for the new development, or if a building permit is not required
for new development, then on connection of any initial new water meter
or on connection of any new replacement or additional new water meter
incident to any increase in water consumption capacity.
(C)
Exceptions: No impact fee shall be payable for new development on
a properly platted lot of residential property appearing on a plat
approved prior to the effective date of this article and impact fees
would otherwise be payable for such development on or before the first
anniversary of the effective date of this article.
(2)
For new development on residential property located on a plat recorded
on or after the effective date of this article, impact fees shall
be due and payable:
(A)
For roadway facilities, on the issuance of any building permit for
the new development, or if a building permit is not required for the
new development, on the issuance of the certificate of occupancy.
(B)
For water and wastewater facilities, on the issuance of a building
permit for the new development, or if a building permit is not required
for the new development, then on the connection of any initial new
water meter or on connection of any new replacement or additional
new water meter incident to any increase in water consumption capacity.
(3)
For new development on non-residential property regardless of when
the plat was recorded, impact fees shall be due and payable:
(A)
For roadway facilities, on the issuance of any building permit for
the new development, or if a building permit is not required for the
new development, on issuance of the certificate of occupancy.
(B)
For water and wastewater facilities, on the issuance of a building
permit for new development, or if a building permit is not required
for the new development, then on connection of any initial new water
meter or on connection of any new replacement or additional new water
meter incident to any increase in water consumption capacity.
(C)
Exception: No impact fees shall be payable for new development located
on a properly platted non-residential property appearing on a plat
approved prior to the effective date of this article, and impact fees
would be payable, for such new development on or before the first
anniversary of the effective date of this article.
(b)
Receipt
by the city of the impact fees payable under this article is a condition
to the issuance of a building permit or certificate of occupancy,
or to water utility connection and service, as the case may be.
(c)
No
application for new development shall be approved within the city
without assessment of an impact fee pursuant to this article, and
no building permit shall be issued unless the applicant has paid the
impact fee imposed by and calculated herein.
(1995 Code of Ordinances, Chapter 11, Article 11.700,
Section 11.707)
(a)
An
owner of property in connection with which impact fees have been paid
as a condition to issuance of a building permit or certificate of
occupancy shall be entitled to a refund by submitting a written application
to the city if the building permit or certificate of occupancy authorizing
the new development has lapsed or expired without completion of the
new development for which the impact fee was paid. No refund shall
be available under this paragraph if a building permit or certificate
of occupancy is refused, withdrawn, or revoked because of any noncompliance
with the Code of Ordinances.
(b)
Upon
completion of all water and wastewater facilities in the service area
for water and wastewater facilities or upon completion of all roadway
facilities in any service area for roadway facilities, the projected
costs of the completed capital improvements reflected in capital improvements
plan shall be compared with actual costs (taking into account finance
costs and those types of costs included in the projected costs which
are eligible for consideration under Chapter 395 of the Local Government
Code of Texas, or its successor). A calculation shall then be made
to determine the amount of impact fees in the applicable service area
that would have been payable if the actual costs had been included
in the capital improvements plan for purposes of determining the maximum
rate and if the payment and collection rate under this article had
at all times been equal to such maximum rate. If the total amount
of impact fees actually paid in the applicable service area exceeds
the total amount so calculated, and if the difference between the
two amounts is more than ten percent (10%) of the amount paid, the
entire difference shall be refunded. The refund shall be allocated
among properties in proportion to the amount of impact fees paid in
the applicable service area. Any credits under other provisions of
this article shall be treated as impact fees for purposes of this
section.
(c)
At
the end of each fiscal year, the total amount of impact fees collected
during that year shall be determined in each service area. At the
end of the ninth fiscal year following such initial fiscal year, the
total amount of impact fees expended in each service area during the
ten (10) year period consisting of the initial year and the nine (9)
subsequent years shall be determined. If the amount of impact fees
expended during the ten (10) year period is less than the amount of
impact fees collected during the initial year (after deducting any
refunds under the other provisions of this article), the difference
shall be refunded. The refund shall be allocated among properties
for which fees have been paid in the initial year in proportion to
the amount of impact fees so paid (after deducting any refunds under
the other provisions of this article). Any credits under other provisions
of this article shall be treated as impact fees for purposes of this
section. The calculations in this section shall be performed separately
for roadway facilities impact fees and for water and wastewater facilities
impact fees by service area.
(d)
Refunds
shall bear interest calculated from the date of collection to the
date of refund at the statutory rate in Article 5069-1.03, Vernon's
Texas Civil Statutes, as amended.
(e)
All refunds shall be made to the record owner of the property at the time the refund is paid unless impact fees with respect to the property were paid by a political subdivision or other governmental entity and the refund to be paid can in fact be traced and identified as a refund of all or part of the specific impact fees paid by that governmental entity or other political subdivision. The availability of refunds under subsection (b) or (c) preceding shall be published in the same manner provided in the impact fee statute for hearings on the capital improvements plan. The city shall not be required to give any other notice to any person of any entitlement to a refund. As a condition to payment of any refund, the city may require submission of an application form containing proof of record ownership and other information determined to be relevant or appropriate to verifying the applicant's entitlement to the refund.
(f)
Nothing
in this article shall create an obligation on the general funds of
the city, and unless the city council otherwise specifically so authorizes,
the obligation of the city to pay any refund under this article is
limited to the amount of impact fees collected and interest earned
less expenditures for capital improvements and other refunds previously
paid.
(1995 Code of Ordinances, Chapter 11, Article 11.700,
Section 11.708)
(a)
All
impact fees collected shall be deposited in interest-bearing accounts.
Clearly identified separate accounts shall be established for each
category of capital improvements (water and wastewater facilities
and roadway facilities) and for each service area.
(b)
Impact
fees and any interest earned may be spent only for capital improvements
within the service area for which the impact fees have been collected,
as reflected in the capital improvements plan. Impact fees and any
interest earned may be spent only for those purposes permitted by
Chapter 395 of the Local Government Code of Texas, as amended. Interest
earned on the account into which the impact fees are deposited shall
be considered funds of the account and shall be used solely for the
purposes authorized.
(c)
The
city's finance department shall maintain and keep financial records
for impact fees, which shall show the source and disbursement of all
fees collected in or expended from such service area.
(d)
The
records of the accounts into which impact fees are deposited shall
be open for public inspection and copying during ordinary business
hours.
(e)
The
city's finance department shall establish adequate financial and accounting
controls to ensure that impact fees disbursed from the account are
utilized solely for the authorized purposes. 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 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.
(1995 Code of Ordinances, Chapter 11, Article 11.700,
Section 11.709)
(a)
The
city may enter into development agreements with private property owners
relating to impact fees. The city has no obligation to enter into
any development agreement, and each development agreement must be
approved by the city council. Development agreements are intended
to be used only in unusual or special cases, and the city shall develop
administrative policies relating to the circumstances and terms on
which the city will consider entering into development agreements.
(b)
A development agreement must be approved by the city and entered into prior to the date impact fees are due and payable, (i.e. prior to the approval of the plat, or issuance of a building permit or issuance of a certificate of occupancy if a building permit is not required, or prior to connection to water meter, as the case may be) as provided in Section 13.707 herein.
(c)
Development
agreements may provide for:
(1)
Construction and dedication of capital improvements by the city or
by property owners, and for the allowance and application of any resulting
credits against impact fees.
(2)
Whole or partial reimbursement to private parties for the construction
and dedication of capital improvements from impact fees or other sources.
(3)
The construction of roadway facilities or water and wastewater facilities
not identified in the capital improvements plan, and for the terms
and conditions of any reimbursement for any excess service capacity
so constructed.
(4)
Methods of valuation, allocation of credits among property owners,
and other matters relating to the amount or administration of credits.
(5)
Other agreements relating to impact fees not prohibited by this article,
the impact fee statute, or other applicable law.
(d)
Development
agreements may not be used to postpone payment or change the amount
(exclusive of any credits) of any impact fee payable under this article.
(1995 Code of Ordinances, Chapter 11, Article 11.700,
Section 11.710)
(a)
Any
decision or interpretation relating to this article by any administrative
official of the city may be appealed to the city council by the affected
property owner. The city council shall render a decision on the appeal
following a public hearing.
(b)
Following
a public hearing, the city council may authorize the whole or partial
waiver of the impact fees payable by a property owner if the city
council finds that the property owner's new development will provide
benefits to the city that are substantially comparable or equivalent
to the impact fees waived and that the waiver will not materially
and adversely affect the ability of the city to provide the capital
improvements identified in the capital improvements plan.
(c)
Following
a public hearing, the city council may authorize the postponement
or deferred payment of the impact fees payable by a property owner
if the city council finds that the postponement or deferral will be
in the best interests of the city and that the postponement or deferral
will not materially and adversely affect the ultimate collection of
the impact fees owed.
(1995 Code of Ordinances, Chapter 11, Article 11.700,
Section 11.711)
(a)
The
land use assumptions and the capital improvements plan shall be reviewed
and evaluated by the advisory committee at least every three (3) years
beginning on the effective date of this article. The advisory committee
shall recommend to the city council whether updating is necessary
or appropriate.
(b)
If
the city council determines that the land use assumptions and the
capital improvements plan should be updated to reflect changed conditions,
it shall cause the updated land use assumptions and the updated capital
improvements plan to be prepared before the end of the applicable
three (3) year period, following which applicable procedures in the
impact fee statute for amending the land use assumptions, the capital
improvements plan, and this article shall be followed.
(c)
If
the city council determines that the land use assumptions and the
capital improvements plan do not need to be updated, it shall comply
with applicable notice and other procedures incident to that decision
in Chapter 395, Local Government Code of Texas, or its successor.
(d)
Notwithstanding
any amendment of the land use assumptions and the capital improvements
plan, the provisions of this article and the impact fees payable hereunder
can be amended only by an ordinance specifically amending this article.
This article may be amended without complying with the provisions
of Sections 395.052-.0575 of the Local Government Code of Texas, or
its successor, as long as the land use assumptions, the capital improvements
plan, or the maximum fee rate, are not changed or altered by the amendment.
(1995 Code of Ordinances, Chapter 11, Article 11.700,
Section 11.712)
(a)
This
article does not limit the powers of the city under its charter and
the constitution and laws of the State of Texas to regulate development,
to provide for the development and funding of public infrastructure,
and to otherwise carry out the purposes of this article.
(b)
This
article does not limit the ability of the city to finance capital
improvements through the issuance of bonds, through the formation
of public improvement districts or other assessment districts, or
through any other lawful means in addition to, or in lieu of, the
use of impact fees.
(1995 Code of Ordinances, Chapter 11, Article 11.700,
Section 11.713)
