§ 27-138. Appeals.

(a)

The property owner or applicant for new development may appeal the following decisions to the impact fee advisory committee:

(1)

The applicability of a capital recovery fee to the development;

(2)

The value of the capital recovery fee due;

(3)

The availability or the value of an offset or credit;

(4)

The application of an offset or credit against a capital recovery fee due;

(5)

The amount of the refund due, if any.

(b)

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

(c)

The appellant may appeal the decision of the impact fee advisory committee to the council. A notice of appeal to the council must be filed by the applicant with the city secretary within thirty (30) days following the committee's decision. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the city attorney in an amount equal to the original determination of the capital recovery fee due, the development application or water tap purchase may be processed while the appeal is pending.

(d)

Any further appeals shall comply with section 395.077 of the Texas Local Government Code, as amended, or any successor statute.

(Ord. No. 90-10, § 1(1.18), 8-28-1990; Ord. No. 2018-13, § 2(Exh. 3), 4-17-2018)