§ 98-516. Appeals.

(a)

The property owner or applicant for new development may appeal the following decisions to the city manager:

(1)

The applicability of an impact fee to the development;

(2)

The value of the impact fee due;

(3)

The calculation of applicable service units attributable to the development;

(4)

The availability or value of an offset or credit; or

(5)

The application of an offset or credit against an impact fee.

All appeals shall be filed with the city manager within 30 days of notice of the action from which the appeal is taken.

(b)

The burden of proof shall be on the appellant to demonstrate that the fee is not applicable or that the value of the fee or the value of the offset or credit was not calculated according to the applicable impact fee schedule or the guidelines established for determining offsets and credits.

(c)

The appellant may appeal the decision of the city manager to the city council. The applicant must file a notice of appeal to the city council with the city secretary within 30 days following the city manager's decision.

(d)

The city council shall hear the appeal within 30 days of receipt by the city secretary. Notice of the hearing shall be mailed to the applicant at least seven days prior to the hearing.

(e)

At the hearing, the city council shall consider all relevant evidence and shall allow testimony from the applicant, city personnel and other interested persons relevant to the appeal. The hearing may be continued from time to time.

(f)

The burden of proof shall be on the appellant to demonstrate that the fee is not applicable or that the determination of service units or the value of the fee or of the offset or credit was not calculated according to the applicable impact fee schedule or the guidelines established in this article. The applicant shall submit an engineering report prepared by a qualified professional engineer licensed to perform such engineering services in the State of Texas, which demonstrates that the applicant's burden has been met.

(g)

Following the hearing, the city council shall consider all evidence and determine whether the appeal should be granted (in whole or in part) or denied.

(h)

If the appeal is accompanied by a bond or other sufficient security satisfactory to the city attorney in an amount equal to the original determination of the impact fee due, the development application or tap purchase or building permit issuance may be processed while the appeal is pending.

(Ord. No. O-2002-011-16, § 1, 3-26-02)