(a) 
All drainage impact fees collected within the drainage service area shall be deposited in a dedicated fund to which interest is allocated. All such amounts, together with all interest earned thereon, shall be used solely for the purposes set forth in subsection (b).
(b) 
The drainage impact fees collected pursuant to this article shall be used to finance or recoup the costs of any drainage impact fee improvements identified in the drainage impact fee improvement plan for the applicable drainage service area, including but not limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorneys’ fees, and expert witness fees) and fees paid to an independent qualified engineer or financial consultant for preparing or updating the drainage impact fee improvement plan.
(c) 
Disbursement of funds shall be authorized by the department at such times as are reasonably necessary to carry out the purposes intended by this article; provided, however, that funds shall be expended within a reasonable period of time, but not to exceed ten years from the date drainage impact fees are deposited in the fund.
(d) 
An owner of property for which a drainage impact fee has been paid is entitled to a refund for all or a portion of the fee in the following circumstances:
(1) 
The city denies service to the property on which the impact fees were paid; and
(A) 
The city has the drainage facilities to provide service to the property;
(B) 
The city has not constructed the drainage facilities within five years of the date the impact fees were collected; or
(C) 
The city has not spent the impact fees within ten years of the date the impact fees were collected.
(2) 
After receiving a completed application for an impact fee refund, the department shall issue a refund to the record property owner. The refund shall include interest calculated from the date of collection to the date of refund at the statutory rate provided in Texas Local Government Code section 395.024, or its successor statute. A drainage impact fee shall be considered expended on a first-in, first-out basis.
(3) 
If a refund is due pursuant to paragraph (2), the department shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of stormwater service units for which drainage impact fees have been paid within the service area for the period to determine the refund due per service unit. The refund to the owner shall be calculated by:
(A) 
Multiplying the refund due per stormwater service unit by the number of stormwater service units of the development for which the fee was paid; and
(B) 
Determining interest due based on the amount calculated under subsection (d)(3)(A).
(4) 
Upon completion of all the drainage facilities identified in the drainage impact fee improvement plan for the drainage service area, the department shall recalculate the drainage impact fee per service unit using the actual costs for the drainage facilities. If the maximum drainage impact fee per service unit based upon actual cost is less than the drainage impact fee per service unit paid, the city shall refund the difference if such difference exceeds the drainage impact fee paid by more than ten percent. If the difference is less than ten percent, no refund shall be due. Refund to the record owner shall be calculated by:
(A) 
Multiplying such difference by the number of service units of the development for which the drainage impact fee was paid; and
(B) 
Determining interest due based on the amount calculated under subsection (d)(4)(A).
(e) 
The department shall establish adequate financial and accounting controls to ensure that drainage impact fees disbursed from the fund are utilized solely for the purposes authorized. The department shall maintain and keep financial records for drainage impact fees that shall show the source and disbursement of all fees collected or expended within a certain drainage service area. The records of the fund into which drainage impact fees are deposited shall be open for public inspection and copying during ordinary business hours.
(f) 
Nothing in this article shall prevent the city from paying all or part of the drainage impact fees due for a new development pursuant to criteria adopted by city council.
(Ordinance 838-21 adopted 9/14/21)
(a) 
The property owner or applicant for a new development may appeal the following decisions:
(1) 
The applicability of a drainage impact fee to the new development;
(2) 
The amount of the drainage impact fee due;
(3) 
The determination of stormwater service units;
(4) 
The applicability of any credit or offset to the new development;
(5) 
The amount of any credit or offset; or
(6) 
The amount of a refund due, if any.
(b) 
The burden of proof shall be upon the applicant to demonstrate that the decision was not made in accordance with this article or applicable state law.
(c) 
The applicant shall file a written notice of appeal with the city manager within 30 days following the date of the decision from which an appeal is made that states the basis for the appeal with particularity. To the extent the property owner relies on any studies or other documents as evidence that the property owner is entitled to relief, the property owner shall submit such studies and documents with the notice of appeal. If the notice of appeal is accompanied by cash or a letter of credit issued by a financial institution that has an office for presentment located in Willow Park, Texas in an amount equal to the original determination of the drainage impact fee due, the development application may be processed while the appeal is pending.
(Ordinance 838-21 adopted 9/14/21)
(a) 
Within 10 days of receipt of the notice of appeal, the city manager shall issue a written decision granting relief, granting partial relief, or denying relief and shall send the decision to the owner by certified mail, return receipt requested, or by email if the property owner’s email address is provided on the notice of appeal or the building permit application that gave rise to the matter being appealed. The city manager’s written decision shall ask the property owner to respond in writing within 10 days of the date of the written decision regarding whether the property owner agrees or disagrees with the city manager’s decision.
(b) 
If the property owner agrees in writing with the city manager’s decision or fails to notify the city manager within 10 days of the date of the written decision that they disagree with the city manager’s decision:
(1) 
The appeal shall be considered resolved and the city manager’s decision shall be final on the matter appealed;
(2) 
To the extent that the city manager’s decision grants relief or partial relief to the property owner, the city manager shall ensure that the property owner receives such relief or partial relief; and
(3) 
To the extent that the city manager’s decision requires the property owner to pay a drainage impact fee, the property owner shall promptly pay the impact fee. The property owner’s failure to pay the drainage impact fee within 5 business days after agreeing with the city manager’s decision or failing to notify the city manager within 10 days of the date of the written decision that they disagree with the city manager’s decision shall serve as the authority for the city to present the letter of credit to the financial institution for performance with no order [other] or further notice or contact with the property owner.
(Ordinance 838-21 adopted 9/14/21)
(a) 
If the property owner responds in writing to the city manager that they disagree with the city manager’s decision within 10 days after the date of the decision of the city manager, the city council shall hold a hearing to consider the appeal and shall act on the appeal within 60 days of the date of the letter of the property owner notifying the city manager of the disagreement.
(b) 
The city council shall act on the appeal by granting relief, granting partial relief, or denying relief.
(c) 
To the extent that the city council grants relief or partial relief to the property owner, the city manager shall ensure that the property owner receives such relief or partial relief.
(d) 
To the extent that the city council’s action on the appeal requires the property owner to pay a drainage impact fee, the property owner shall promptly pay the impact fee. The property owner’s failure to pay the drainage impact fee within 5 business days after the date of the city council’s action on the appeal shall serve as authority for the city to present the letter of credit to the financial institution for performance with no other or further notice or contact with the property owner.
(e) 
The city council’s action on the appeal shall constitute the city’s final decision on the matter appealed.
(f) 
A property owner shall bear all costs of the property owner’s appeal under this section.
(Ordinance 838-21 adopted 9/14/21)
(a) 
A property owner for which a drainage impact fee has been paid, may petition the city council to determine whether any duty required by this article or by chapter 395 of the Texas Local Government Code has not been performed within the time so prescribed. The petition shall be in writing and delivered to the city secretary and shall state the nature of the unperformed duties and request that the duties be performed within 60 days of the request. If the city council determines that the performance of the duty is required pursuant to this article and is late in being performed, it shall cause performance of the duty to commence within 60 days of the date of the request and to continue until completion. This subsection shall not apply to matters subject to appeal pursuant to section 13.14.021 of this code.
(b) 
The city council may grant a variance from any requirement of this article, upon written request by the property owner subject to this article following a public hearing, but only upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation or an unconstitutional taking of the property.
(c) 
If city council grants a variance to the amount of the drainage impact fee due for a new development under this section, it shall cause to be appropriated from other city funds the amount of the reduction in the drainage impact fee to the fund for the drainage service area in which the property is located.
(Ordinance 838-21 adopted 9/14/21)