The purpose of this article is to govern the procedures to request from the city a determination of municipal infrastructure cost apportionment and the procedures of an appeal by a developer of its proportionate share of the costs of municipal infrastructure improvements as provided by state law.
(Ordinance 2024-0702-05 adopted 7/2/2024)
(a) 
A developer who is required to pay a proportionate share of municipal infrastructure pursuant to Local Government Code section 212.904, as amended, may request from the city a determination of the developer's proportionate share. The request for a determination shall be emailed to the director of engineering.
(b) 
The city's determination of the developer's proportionate share shall be completed within thirty (30) days following the submission of the developer's request for a determination of the developer's proportionate share.
(Ordinance 2024-0702-05 adopted 7/2/2024)
(a) 
In the event that a developer disputes the determination of the city for its costs of municipal infrastructure improvements for a property development project, the developer must file a written appeal with the director of engineering requesting a determination by the city council.
(b) 
A written appeal shall set forth the infrastructure improvements, charges or costs of the municipal infrastructure improvements the developer seeks to contest.
(c) 
Failure of the developer to appear on the scheduled date and time at the appeal hearing before the city council shall be grounds for dismissal.
(Ordinance 2024-0702-05 adopted 7/2/2024)
The developer shall bear the burden of proof to demonstrate that the city's municipal infrastructure cost apportionment determination is not roughly proportionate. The party appealing to the city council shall have the burden of first presenting evidence as provided by these rules. The city council shall evaluate the contested infrastructure cost apportionment determination under the following standards:
(1) 
Whether the infrastructure cost apportionment determination relates to the needs created by the property development project.
(2) 
Whether the infrastructure cost apportionment determination is roughly proportionate to the impact of the property development project.
(Ordinance 2024-0702-05 adopted 7/2/2024)
The following procedural rules shall apply to appeals under this article:
(1) 
Opening of the hearing.
The presiding officer of the city council shall call the agenda item and open the hearing. The developer and the city may opt to have all or portions of the hearing conducted by a representative.
(2) 
Developer's presentation.
(A) 
The developer shall present written evidence and oral or written testimony regarding the infrastructure administrative apportionment determination to the city council.
(B) 
If more than one apportionment determination is being contested by the developer, the developer shall present as part of his presentation an enumerated list of contested apportionment determinations.
(C) 
The developer may present oral testimony, written document, or both during the presentation of evidence and testimony.
(D) 
If the developer wishes to introduce written documentation, it must be provided to the city secretary no later than seven calendar days in advance of the hearing to ensure that councilmembers have time to review the material prior to the hearing.
(E) 
If the developer wishes to introduce expert testimony, it must file written testimony no later than seven days prior to the appeal hearing.
(Ordinance 2024-0702-05 adopted 7/2/2024)
City staff, witnesses, and representatives may offer evidence and testimony regarding the apportionment determination or other relevant issue raised by the developer during his presentation or as directed by city council. The city's presentation may be on a different day as approved by the city council.
(Ordinance 2024-0702-05 adopted 7/2/2024)
The developer may question or cross-examine the city staff, witnesses, or representatives regarding the apportionment determination, the disputed issues raised by the developer, and any other area of testimony or evidence they addressed in their presentation or in response to city council examination. The developer may also introduce rebuttal evidence during this stage of the proceeding.
(Ordinance 2024-0702-05 adopted 7/2/2024)
Following the conclusion of the city council's re-examination, the developer shall be given the option to conduct further questioning or cross-examination of any previously called witness. The developer shall also be given the option to make a brief summation of his arguments or a closing statement.
(Ordinance 2024-0702-05 adopted 7/2/2024)
Upon conclusion of the developer's case, the presiding officer shall inquire whether the developer has submitted all the evidence and testimony he wishes the council to consider. If the developer indicates all evidence and testimony has been submitted, the council shall issue a determination within 30 days of the conclusion of the hearing.
(Ordinance 2024-0702-05 adopted 7/2/2024)
The city council shall have the authority to affirm or overturn the findings of the city staff in making the infrastructure apportionment determination in whole or in part, and may make or modify an award or refund to the developer in order to confirm with the standards of rough proportionality set forth in Texas Local Government Code, § 212.904, and the standards set forth herein. The applicable determination by the city council shall be made within thirty (30) days following the final submission of any testimony or evidence by the developer.
(Ordinance 2024-0702-05 adopted 7/2/2024)