(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)