R2004-137 08-23-04RESOLUTION NO. R2004-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, CERTIFYING COMPLIANCE WITH CHAPTER 395 OF THE
LOCAL GOVERNMENT CODE AS IT APPLIES TO WATER AND SEWER
IMPACT FEES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council certifies the City's compliance with Chapter 395
of the Local Government Code as it applies to water and sewer impact fees.
PASSED, APPROVED and ADOPTED this the 23rd day of ^uqust ,
A.D., 2004.
TOM REID
MAYOR
ATTEST:
,NG'
SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
August 12, 2004
Office of the Attorney General
P.O. Box 12548
Austin, Texas 78711-2548
RE: Chapter 395 Compliance Certification
Pursuant to Section 395.082 of the Local Government Code, please allow this
letter to serve as the City's Certification of Compliance with Chapter 395 of the Local
Government Code as it applies to the implementation and administration of impact fees.
If you have any questions or comments regarding the City's certification, please
contact my office at your convenience.
Sincerely,
Mayor
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581 o 281-652-1600 · www.ci.pearland.tx.us
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sewer or waterline or drainage or roadway facilities, from the
municipality to a development located within or outside the
municipality's boundaries, in its discretion, may allow a landowner
whose land adjoins the capital improvement or is within a specified
distance from the capital improvement, as determined by the
governing body of the municipality, to connect to the capital
improvement if:
(1) the governing body of the municipality has adopted a
finding under Subsection (c) ; and
(2) the landowner agrees to pay a proportional share of
the cost of the capital improvement as determined by the governing
body of the municipality and agreed to by the landowner.
(c) Before a municipality may allow a landowner to connect to
a capital improvement under Subsection (b) , the municipality shall
adopt a finding that the municipality will benefit from allowing
the landowner to connect to the capital improvement. The finding
shall describe the benefit to be received by the municipality.
(d) A determination of the governing body of a municipality,
or its officers or employees, under this section is a discretionary
function of the municipality and the municipality and its officers
or employees are not liable for a determination made under this
section.
Added by Acts 1997, 75th Leg. , ch. 1150, Sec. 1, eff. June 19,
1997 . _
CSec CERTIFICATION. 395. 082 . OF COMPLIANCE REQUIRED;F (a) A
political subdivision that imposes an impact fee shall submit a
written certification verifying compliance with this chapter to the
attorney general each year not later than the last day of the
political subdivision' s fiscal year.
(b) The certification must be signed by the presiding officer
of the governing body of a political subdivision and include a
statement that reads substantially similar to the following: "This
statement certifies compliance with Chapter 395, Local Government
Code. "
(c) A political subdivision that fails to submit a
certification as required by this section is liable to the state
for a civil penalty in an amount equal to 10 percent of the amount
of the impact fees erroneously charged. The attorney general shall
collect the civil penalty and deposit the amount collected to the
credit of the housing trust fund.
Added by Acts 2001, 77th Leg. , ch-. 345, Sec. 8, eff. Sept. 1, 2001.