NEW BRAUNFELS UTILITIES POLICY

WITH RESPECT TO CAPITAL RECOVERY FEES

 

ARTICLE III

ADMINISTRATIVE MATTERS

 

 

Section 3.01 Establishment of Accounts

 

NBU shall establish separate interest-bearing accounts with its authorized depository for each major category of capital facility for which a capital recovery fee is imposed pursuant to the Ordinance. Accounting for interest earned and financial and accounting controls with respect to monies deposited in such accounts shall be maintained in accordance with the Ordinance and the Act. The records of the accounts into which capital recovery fees are deposited shall be open to public inspection and copying during ordinary business hours as required by the Ordinance.

 

Section 3.02 Use of Proceeds of Capital Recovery Fee Accounts

 

Capital recovery fees collected, pursuant to the Ordinance may only be used as set forth in the Ordinance and the Act.

 

Section 3.03 Appeals

 

(A)       A person who has exhausted all administrative remedies with NBU staff may appeal the following decisions-to the NBU Board of Trustees:

(1)        the applicability of a capital recovery fee to the development;

(2)        the amount of the capital recovery fee due;

(3)        the amount of any capital recovery fee adjustment; or

(4)        the amount of any rebate of capital recovery fees.

(B)       The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the adjustment or refund was not calculated according to the applicable capital recovery fee schedule or the guidelines established for determining adjustments or refunds.

(C)       The appellant must file a notice of appeal with the Chief Executive Officer of NBU within thirty (30) days following the decision. If the notice of appeal is accompanied by a bond or other sufficient surety satisfaction to NBU in an amount equal to the original determination of the capital recovery fee due, the tap or service connection may be processed while the appeal is pending.

(D)       The appellant who is aggrieved by final decision of the NBU Board of Trustees is entitled to trial de novo under the Act.