The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Assessment
means a determination of the amount of the impact fee in effect on the date or occurrence provided in this section and is the maximum amount that can be charged per service unit of such development. No specific act by the city waterworks system is required for assessment to occur.
Building permit
means the building permit required in accordance with the International Building Code as adopted and amended by the city.
Capital improvement
means water supply, treatment, and distribution facilities, and wastewater collection and treatment facilities that have a life expectancy of three years or more and are owned and operated by the city waterworks system, whether or not they are located within the service area.
Capital improvements plan
means a plan required in accordance with this article that identifies capital improvements or facility expansions for which impact fees may be assessed.
Certificate of occupancy
means a certificate of occupancy issued in accordance with the International Building Code as adopted and amended by the city.
Connection to water and/or sewer system
means the physical connection of a building, structure, or use of land to the city waterworks system's water or sewer lines, no matter if such connection is made directly or by intermediate lines.
Facility expansion
means the expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. The term "facility expansion" does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development.
Impact fee
means a charge or assessment imposed by the city waterworks system pursuant to this article against new development in order to generate revenue for funding or recouping all or a portion of the costs of capital improvements or facility expansions necessitated by and attributable to the new development, including amortized charges, lump-sum charges, capital recovery fees, contributions in aid of construction and any other fee that functions as described herein. An item included in the capital improvements plan may not be required to be constructed except in accordance with section 48-48(e), and an owner may not be required to construct or dedicate facilities and to pay impact fees for those facilities.
Land use assumptions
means a description of the service area and projections of changes in land uses, densities, intensities and population in the service area over at least a ten-year period.
New development
means the subdivision of land; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units.
Service area
means the area within the corporate boundaries or extraterritorial jurisdiction, as determined under Texas Local Government Code ch. 42, as amended, of the city to be served by the capital improvements or facilities expansions specified in the capital improvements plan.
Service unit
means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements or facility expansions.
(Code 1973, § 30-152; Code 1997, § 51.076; Ordinance 90-83, adopted 9/11/1990)
The capital improvements plan attached to Ord. No. 90-83, and as subsequently amended in strict compliance with Texas Local Government Code ch. 395, shall form the basis of all impact fees enacted in accordance with said statute.
(Code 1973, § 30-151; Code 1997, § 51.075; Ordinance 90-83, adopted 9/11/1990)
(a) 
The city waterworks system shall update the land use assumptions and capital improvements plan at least every three years in accordance with Texas Local Government Code ch. 395. The initial three-year period begins on the day the capital improvements plan is adopted.
(b) 
If at a time an update under subsection (a) of this section is required, the city commission determines that no change to the land use assumptions, capital improvements plan or impact fees is needed, it may make a formal determination thereof in accordance with Texas Local Government Code § 395.0575.
(c) 
Additionally, the city commission shall review and update the percentages of the maximum impact fees set forth in the capital improvements plan that are enacted as actual impact fees on an annual basis.
(Code 1973, § 30-158; Code 1997, § 51.082; Ordinance 90-83, adopted 9/11/1990)
(a) 
Any person who, after the effective date of the ordinance from which this division is derived, seeks to connect to the city waterworks water system is required to pay a water facilities impact fee in the amount set forth in section 48-47.
(b) 
Any person who, after the effective date of the ordinance from which this division is derived, seeks to connect to the Harlingen Waterworks Sewer System is hereby required to pay a sewer facilities impact fee in the manner and in the amount set forth in section 48-47.
(c) 
Water and sewer connections will not be provided to new development until the above-mentioned impact fees have been paid or an agreement has been entered into with the city waterworks system regarding payment thereof.
(Code 1973, § 30-153; Code 1997, § 51.077; Ordinance 90-83, adopted 9/11/1990)
(a) 
For a new development, an impact fee may be assessed and collected at either the time of connection to the city waterworks system water or sewer system or at the time a building permit or certificate of occupancy is issued.
(b) 
For land platted after the date of adoption hereof, impact fees shall be assessed before or at the time of recordation of a subdivision plat or other plat in the official records of the county clerk. Except as provided in subsection (f) of this section, the city waterworks system may collect the impact fees at either the time of recordation of a subdivision plat or connection to the city waterworks system water or sewer system or at the time the building permit or certificate of occupancy is issued.
(c) 
For land on which new development occurs or is proposed to occur without platting, the city waterworks system may assess the impact fees at any time during the development and building process and may collect the fees at either the time of connection to the city waterworks system water or sewer system or at the time the building permit or certificate of occupancy is issued.
(d) 
The city waterworks system may enter into an agreement with the owner of a tract of land for which the plat has been recorded providing for the time and method of payment of the impact fees assessed in accordance with this section.
(e) 
Water and sewer impact fees may be assessed but may not be collected in areas where services are not currently available unless:
(1) 
The collection is made to pay for some portion of capital improvement facility expansion that has been identified in the capital improvements plan and the city waterworks system commits to commence construction within two years and to have the service available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed that will in no event be longer than five years.
(2) 
The city waterworks system agrees that the owner of a new development may construct or finance the final improvements or facility expansions and agrees that the cost incurred or funds advanced will be credited against the impact fees otherwise due from the new development or agrees to reimburse the owner for such cost from impact fees paid from other new development that will use such capital improvements for facility expansion, which fees shall be collected and reimbursed to the owner at the time the other new development records its plat which shall in no case be more than 20 years after said final improvements or facility expansions are constructed.
(3) 
An owner voluntarily requests the city waterworks system to reserve capacity to serve future development, and the city waterworks system and owner enter into a valid written agreement covering such reserve capacity. The rights to the use of such reserve capacity shall not be transferred to a third party without the written approval of the director of the city waterworks system.
(f) 
Impact fees shall not be collected for land platted prior to the date this division is adopted if a building permit is issued within one year from said date of adoption.
(Code 1973, § 30-155; Code 1997, § 51.079; Ordinance 90-83, adopted 9/11/1990)
(a) 
All funds collected through impact fees shall be deposited in interest-bearing accounts clearly identifying the category of capital improvements or facility expansion within the service area for which the fees were adopted.
(b) 
Interest earned on impact fees is considered funds of the account on which it was earned and is subject to all restrictions on use of impact fees thereunder.
(c) 
Impact fee funds may be used only for the purposes for which the impact fee was imposed as shown by the capital improvements plan and as authorized hereunder.
(Code 1973, § 30-156; Code 1997, § 51.080; Ordinance 90-83, adopted 9/11/1990)
(a) 
Upon request from an owner of the property for which an impact fee has been paid, the city waterworks system shall refund the impact fee within a reasonable period considering the type of capital improvement or facility expansion to be constructed, but in no event later than five years from the date of payment under section 48-48, if:
(1) 
Existing facilities are available and service is denied.
(2) 
The city waterworks system has, after collecting the fee when service was not available, failed to commence construction within two years.
(3) 
Service is not available.
(b) 
On completion of the capital improvements or facility expansion identified in the capital improvements plan, the city waterworks system shall recalculate the exact impact fee using the actual cost of the capital improvement or facility expansion. If the impact fee calculated on actual cost is less than the impact fee paid, the city waterworks system shall refund the difference if the difference exceeds the impact fee paid by more than ten percent.
(c) 
The city waterworks system shall refund any impact fee or part thereof that is not spent as authorized hereunder within ten years after the date of payment.
(d) 
Any refund shall bear interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Texas Revised Civil Statutes art. 5069-1.03, as amended.
(e) 
All refunds shall be made to the record owner of the property at the time the refund is paid.
(f) 
If the impact fees were paid by another political subdivision or governmental entity, any refund amount shall be paid to the political subdivision or governmental entity.
(Code 1973, § 30-157; Code 1997, § 51.081; Ordinance 90-83, adopted 9/11/1990)
(a) 
Funds collected from water and sewer facility impact fees shall be used solely for the purpose of constructing capital improvements or facility expansions to water and sewer facilities under the jurisdiction of the city waterworks system, including and limited to:
(1) 
Construction contract price.
(2) 
Surveying and engineering fees.
(3) 
Land acquisition costs, including land purchases, court awards and costs, attorney's fees and expert witness fees.
(4) 
Fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the city waterworks system.
(b) 
Impact fees may not be adopted or used to pay for the following items:
(1) 
Construction, acquisition, or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan.
(2) 
Repair, operation, or maintenance of existing or new capital improvements or facility expansions.
(3) 
Upgrading, updating, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards.
(4) 
Upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development.
(5) 
Administrative and operating costs of the city waterworks system.
(6) 
Principal payments and interest or other finance charges on bonds or other indebtedness except from those used for the payment of principal and interest on bonds, notes or other obligations issued by or on behalf of the city waterworks system to finance the capital improvements or facility expansions identified in the capital improvements plan.
(c) 
Funds shall be expended in the order in which they are collected.
(d) 
Funds may be used to provide refunds as described in section 48-50.
(e) 
Funds may be used to rebate developer costs for providing water or sewer capital facilities in excess of the capacity required to the individual developer making the provision. Any rebates must be pursuant to a refunding agreement between the developer and the city waterworks system after the effective date of the ordinance from which this division is derived.
(Code 1973, § 30-159; Code 1997, § 51.083; Ordinance 90-83, adopted 9/11/1990)