There is hereby established a community impact fee which shall be imposed against new development in order to generate revenues for funding or recouping the costs of capital improvements or facilities expansions necessitated by and attributable to such new development.
(Ordinance 2011-9-20A, pt. 2, sec. 2.1, adopted 9/20/11)
The community impact fee shall be assessed on the basis of living unit equivalents. The number of living unit equivalents shall be determined at the time of assessment as hereinafter set out.
(Ordinance 2011-9-20A, pt. 2, sec. 2.2, adopted 9/20/11)
The community impact fee for each living unit equivalent shall, as amended from time to time in accordance with chapter 395 [of the Texas Local Government Code], be as established in article 9.04 of this code for wastewater service.
(Ordinance 2011-9-20A, pt. 2, sec. 2.3, adopted 9/20/11; Ordinance adopting Code)
All payments pursuant to this article shall be made to the city secretary or his/her designee.
(Ordinance 2011-9-20A, pt. 2, sec. 2.4, adopted 9/20/11)
(a) 
Any building permit application which was duly accepted for filing prior to the effective date of this article and subsequently granted, shall be exempt from the assessment and payment of an impact fee under this article, unless such application thereafter expires. The applicant for any such building permit described in the preceding sentence shall be required to pay the impact fee specified by Ordinance 2005-018 [on file in the offices of the city].
(b) 
The city council may grant a waiver from any requirement of this article on other grounds, as may be set forth in administrative guidelines.
(c) 
If the city council grants a variance or waiver to the amount of the impact fee due for a new development under this section, it shall cause to be appropriated from the other city funds the amount of the reduction in the impact fee to the capital improvements account.
(Ordinance 2011-9-20A, pt. 2, sec. 2.5, adopted 9/20/11)
(a) 
The city shall establish an account to which interest is allocated for each category of capital facility for which an impact fee is imposed pursuant to this article. Each impact fee collected within the service area shall be deposited in such account.
(b) 
Interest earned on the impact fee account shall be considered funds of the account and shall be used solely for the purposes authorized in section 9.05.032.
(c) 
The city shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in section 9.05.032. 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.
(d) 
The city shall maintain and keep financial records for impact fees, which shall show the source and disbursement of all fees collected or expended.
(Ordinance 2011-9-20A, pt. 2, sec. 2.6, adopted 9/20/11)
(a) 
The impact fees collected pursuant to this article may be used to finance or to recoup the costs of any capital improvements or facilities expansions identified in the impact fee capital improvements plan for the service area, including 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), and the fees actually paid or contracted to be paid to an independent qualified engineer or other consultants preparing or updating the impact fee capital improvements plan who is not an employee of the city. Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the city to finance such capital improvements or facilities expansions.
(b) 
Impact fees collected pursuant to this article shall not be used to pay for any of the following expenses:
(1) 
Construction, acquisition or expansion of capital improvements or assets other than those identified in the capital improvements plan;
(2) 
Repair, operation, or maintenance of existing or new capital improvements or facilities expansions;
(3) 
Upgrading, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;
(4) 
Upgrading, expanding or replacing existing capital improvements to provide better service to existing development; provided, however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or
(5) 
Administrative and operating costs of the city.
(Ordinance 2011-9-20A, pt. 2, sec. 2.7, adopted 9/20/11)