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(4) Upgrade, expansion, or replacement of existing capital improvements to provide better <br />service to existing development; provided, however, that impact fees may be used to pay the <br />costs of upgrading, expanding or replacing existing capital improvements in order to meet the <br />need for capital improvements generated by new development; or <br />(5) Administrative and operating costs of the city. <br />Sec. 86.303. - Appeals. <br />(a) The property owner or applicant for new development may appeal the following <br />administrative decisions to the city council: <br />(1) The applicability of an impact fee to the development; <br />(2) The amount of the impact fee due; <br />(3) The availability of, the amount of, or the expiration of an offset or credit; <br />(4) The application of an offset or credit against an impact fee due; <br />(5) The amount of the impact fee in proportion to the benefit received by the new <br />development; <br />(6) The amount of a refund due, if any; or <br />(7) The applicability of an exception or exemption. <br />(b) The appellant must file a written notice of appeal with the city clerk within 30 days after the <br />decision being appealed. If the notice of appeal is accompanied by a payment or other security <br />satisfactory to the city attorney in an amount equal to the original determination of the impact fee <br />due, the development application may be processed and approved while the appeal is pending. <br />(c) The appeal shall be heard by the city council at its next regular meeting that is scheduled at <br />least 15 days from the date the appeal is filed. The appellant may present evidence directly <br />relevant and material to the grounds for the appeal. The burden of proof shall be on the appellant <br />to demonstrate that the decision being appealed was not in accordance with this division or <br />standards or guidelines adopted under or referred to in this division. <br />(d) The city council, after public hearing, may grant the appeal in whole or in part, or deny the <br />appeal. If the amount of an impact fee is reduced, any portion of the impact fee paid under <br />protest shall be refunded to the appellant. <br />Sec. 86.304. - Refunds. <br />(a) Generally. Upon written request, any impact fee or portion thereof collected under this <br />division, which has not been expended within ten years from the date of payment, shall be <br />refunded to the record owner of the property for which the impact fee was paid, or to a <br />governmental entity, if the entity paid the fee, together with interest calculated from the date of <br />collection to the date of refund at the statutory rate as set forth in SECTION 302.002 OF THE TEXAS <br />FINANCE CODE, or its successor statute. The application for refund under this section shall be <br />12 <br />