Sec. 47-395. - Credits and/or offsets against water impact fees.
(a) A property owner who has paid a connection charge pursuant to city ordinances referenced in section 47-42 prior to June 20, 1990 for a city-constructed water facility, or who has paid an equivalent charge for a facility included in the water capital improvements plan to a district created under authority of article III, section 52, or article XVI, section 59 of the Texas Constitution, for which no reimbursement was received, may reduce the water impact fee due for the lot or tract for which the fee was paid by a like amount.
(b) A property owner who constructs or finances a water facility included in the water capital improvements plan pursuant to a development agreement approved by the city on or after June 20, 1990 may offset the value of such improvement against the water impact fee due from the development. The offset shall be associated with the plat of the property that is to be served by the water facility constructed or financed. The amount of the offset shall be determined pursuant to rules established in this section and administrative guidelines promulgated by the director. The city may also agree to offset the value of a water facility to be constructed or financed by the property owner, which has not been included in the water capital improvements plan, against water impact fees if it is reasonably anticipated that the facility shall be included within the next revision to such plan. In no event shall the offset allowable under this subsection exceed the amount of the water impact fees due, and no property owner shall be entitled to reimbursement for such excess amount unless the city otherwise agrees.
(c) The development agreement required by subsection (b) may provide for participation by the city in the costs of oversizing the water facility to be constructed or financed by the property owner, or may provide for reimbursement according to the terms of the agreement. The amount of any offset shall be reduced by the amount of the city's participation, or provision for reimbursement.
(d) A credit or offset associated with a plat shall be applied against a water impact fee due at the time that the first fee for the new development is collected, and thereafter to all subsequently collected fees, until the credit or offset is exhausted.
(Ord. No. 90-676, § 1, 6-6-90; Ord. No. 90-717, § 1, 6-20-90)