§ 15.22.150. Refund of fees.  


Latest version.
  • A.

    Refund if service denied or service not available.

    1.

    On the request of an owner of the property on which an impact fee has been paid, the city shall refund the impact fee paid if:

    a.

    Existing facilities are available and service is denied; or

    b.

    The city has, after collecting the impact fee when service was not available, failed to commence construction within two years; or

    c.

    Service is not available 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 of the impact fee.

    2.

    A request for a refund shall be submitted to the El Paso Water Utilities on a form provided for by the El Paso Water Utilities for such purpose.

    3.

    Any refund shall bear 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.

    B.

    Refund if funds not spent.

    1.

    The city shall refund any impact fee or part of it that is not spent as authorized by this chapter within ten years after the date of payment.

    2.

    All refunds shall be made to the record owner of the property at the time the refund is paid. However, if the impact fees were paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity.

    3.

    Any refund shall bear 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.

    4.

    For purposes of this section, an impact fee collected shall be considered expended if the total expenditures for capital improvements or facility expansions within a service area within ten years following the date of payment of the impact fee, equal or exceed the total impact fees collected within the service area for such improvements or facility expansions during such period.