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)
Following the developer's presentation, the city council
may ask questions of the developer, and the developer's witnesses
and representatives.
(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 city council may question the city staff, witnesses, or
representatives regarding the apportionment determination or other
relevant issue raised in the presentations.
(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)
The city council may conduct further questioning of any previously
called witness or seek any further explanation on any issue raised
in the hearing.
(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)