§ 86.304. Refunds.

(a)

Generally. Upon written request, any impact fee or portion thereof collected under this division, which has not been expended 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 to a governmental entity, if the entity paid the fee, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in V.T.C.A., Finance Code, § 302.002 or its successor statute. The application for refund under 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)

First in, first out rule. An impact fee collected under this division shall be considered expended if the total expenditures for capital improvements or facility expansions authorized in section 86.302 within ten years after the date of payment exceeds the total fees collected for such improvements or expansions during that period.

(c)

Refund for lack of service. Upon written request, all or part of an impact fee collected under this division shall be refunded if:

(1)

Existing service is available and service is denied;

(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 this period shall not extend more than five years from the date of fee payment.

(d)

Computation of refund. If a refund is due under subsections (a), (b), or (c), the city shall divide the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount.

( Ord. No. 2013-70, § 1, 12-17-13 )