§ 14-16. Refunds.

(a)

Upon written application, any impact fee or portion thereof collected pursuant to these regulations, which has not been expended within the service area within ten years from the date of payment, shall be refunded to the record owner of the property for which the impact fee was paid or, if the impact fee was paid by another governmental entity, to such governmental entity, together with the interest calculated from the date of the collection to the date of refund at the statutory rate as set forth in Chapter 1.03, Title 79, Revised Statutes (Chapter 5069-1.03, Vernon's Texas Civil Statutes) or its successor statute. The application for refund pursuant to this section shall be submitted within 60 days after the expiration of the ten-year period for expenditure of the fee. An impact fee shall be considered expended on a first-in, first-out basis.

(b)

An impact fee collected pursuant to these regulations shall also be considered expended if the total expenditures for capital improvements or facility expansion authorized in section 14-14 within the service area within ten years following the date of payment exceeds the total fees collected within the service area for such improvements or expansions during such period.

(c)

Upon written application, any impact fee or portion thereof collected pursuant to these regulations shall be refunded if:

(1)

Existing service is available and service is denied; or

(2)

Service was not available when the fee was collected and the city has failed to commence construction of facilities to provide service within two years of fee payment; or

(3)

Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in any event later than five years from the date of fee payment.

( Ord. No. 2597, § 16, 4-1-14 )