§ 33-165. Exceptions.

(a)

To encourage economic development, the city may reduce impact fees for a new development that meets the minimum standards for a tax abatement incentive under the city's policy on economic development incentives:

(1)

For a new development utilizing a water meter that is less than or equal to two (2) inches in size, the city may reduce impact fees due by an amount not to exceed forty (40) percent.

(2)

For a new development utilizing a water meter that is greater than two (2) inches in size, the city may reduce impact fees due by an amount not to exceed twenty-five (25) percent.

(b)

To encourage affordable housing, the city shall refund eighty (80) percent of impact fees paid by a builder for construction of a new single-family dwelling that is subsequently purchased by any household with household income of eighty (80) percent or less of the household median income for Ellis County, Texas, upon written application of the builder, which application shall be presented to the city within three (3) months of the original date of purchase by the homeowner.

(c)

No water impact fee shall be charged for a ¾-inch by 5/8 -inch displacement type water meter devoted exclusively to irrigation purposes to serve a single-family dwelling.

(d)

No wastewater impact feel shall be charged for an irrigation meter.

(e)

The Waxahachie Independent School District shall pay only thirty (30) percent of the full impact fee rate charged by the city. The percentage paid shall be reviewed annually.

The rate paid shall be calculated so that the estimated percentage of residents living outside the city limits but within the WISD boundary is the percentage to be paid. It is presently calculated and agreed that the thirty (30) percent of the full impact fee rate paid by the school district compensates for the estimated thirty (30) percent of those residents that live outside of the Waxahachie city limits but within the WISD boundary.

This calculation is currently based on voter registration records. If more accurate population projection information becomes available, that information will be used to recalculate the formula. The city staff shall consult with school officials on any recalculation, but the decision of the city staff is binding. The current calculation shall govern until such recalculation is made.

(f)

Pursuant to V.T.C.A., Local Government Code § 395.022, as amended, a school district is not required to pay impact fees imposed under this article unless the board of trustees of the district consents to the payment of the fees by entering a contract with the city imposing the fees.

(g)

An exception is provided for "infill construction" of new construction within the areas provided in Ordinance No. 2596. The areas provided for in said Ordinance No. 2596 are exempt from impact fees, except that multifamily, commercial or industrial uses in buildings of eight thousand (8,000) square feet or more shall still be subject to all impact fees.

An emergency is declared to exist affecting the public health and safety, as this subsection (g) is needed to encourage construction of new improvements in the "infill" areas in older areas of town, which will encourage the cleaning up and use of vacant lots for new buildings in the older areas of town.

(Ord. No. 2092, 8-20-01; Ord. No. 2141, 9-16-02; Ord. No. 2494, § 1l., 11-17-08; Ord. No. 2607, 4-4-11; Ord. No. 2725 , § 1l., 10-21-13)