Ord. 1625 2023-04-10
1
ORDINANCE NO. 1625
An Ordinance of the City Council of the City of Pearland, Texas, revising the
Capital Improvements Plan for the City of Pearland; updating impact fees in
accordance with State Law; making certain findings; providing a penalty for
violation; containing a savings clause, a severability clause and a repealer
clause; providing for publication, codification and an effective date.
WHEREAS, by virtue of Vernon's Texas Codes Annotated, Volume 3, Local Government
Code, Chapter 395 ("State Law"), the City Council has found it necessary and appropriate to revise
the City's capital improvements plan and update impact fees to comply with the provisions of said
State Law; and
WHEREAS, the City Council has employed qualified professionals to revise the capital
improvements plan and calculate updated impact fees, and has held a public hearing, as required
by State Law, at which hearing all persons desiring to be heard were heard; and
WHEREAS, the City Council now desires to adopt the revised capital improvements plan
and levy an updated impact fee in accordance with said State Law; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby
found to be true and correct.
Section 2. The capital improvements plan, included in a study by Freese and Nichols
entitled 2023 Water and Wastewater Impact Fee Study Update (the "Study"), is incorporated herein
as Exhibit "A.” and made a part hereof for all purposes.
Section 3. The updated impact fee calculations, included in the Study made a part hereof
for all purposes, are hereby approved and adopted.
Section 4. The updated impact fee calculations shall be subject to the following provisions:
a) No impact fee shall be charged for separate dedicated fire line meters; and
b) If a combination fire line and domestic water meter is proposed for
installation, the property owner’s engineer shall determine, subject to approval of
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ORDINANCE NO. 1625
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the City’s Engineering Department, the domestic water meter size required to
support proposed development; and
c) Impact fee payments for businesses are due and payable to the City at the
time of permitting; except that an agreement with a business to pay an impact
fee over time shall require the impact fee to be paid in full prior to the issuance
of a Certificate of Occupancy by the City.
Section 5. The impact fees set forth in the Study are hereby levied against new
development on lands located within the corporate boundaries of the City of Pearland. The impact
fees levied hereby are subject to the applicable provisions of State Law.
Section 6. Penalty. Any person who shall violate the provisions of this section shall be
deemed guilty of a misdemeanor and shall, upon conviction by a court of competent jurisdiction, be
punished by a fine in any sum not exceeding Five Hundred Dollars ($500.00).
Section 7. Savings. All rights and remedies which have accrued in favor of the City under
this Chapter and amendments thereto shall be and are preserved for the benefit of the City.
Section 8. Severability. If any section, subsection, sentence, clause, phrase or portion of
this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portions thereof.
Section 9. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby
repealed but only to the extent of such conflict.
Section 10. Codification. It is the intent of the City Council of the City of Pearland, Texas,
that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as
provided hereinabove.
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ORDINANCE NO. 1625
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Section 11. Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of the City of
Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10)
days after its publication, or the publication of its caption and penalty, in the official City newspaper.
PASSED and APPROVED on its First Reading this the 27th day of March, A. D., 2023.
___________________________________
J.KEVIN COLE
MAYOR
ATTEST:
_________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
PASSED and APPROVED on its Second and Final Reading this the 10th day of April, A.D., 2023.
____________________________________
J.KEVIN COLE
MAYOR
ATTEST:
_________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
_________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63
Exhibit A
DocuSign Envelope ID: 6235879A-ADC6-4F39-8021-A9DCE0B56F63
PREPARED FOR:
City of Pearland
PREPARED BY:
Freese and Nichols, Inc.
11200 Broadway St., Suite 2320
Pearland, Texas 77584
832-456-4700
2023 WATER AND WASTEWATER
IMPACT FEE UPDATE
2023 WATER AND WASTEWATER
IMPACT FEE UPDATE
Prepared for:
City of Pearland
Prepared by:
FREESE AND NICHOLS, INC.
11200 Broadway St, Suite 2320
Pearland, Texas 77584
832-456-4700
FNI Project No.: PRL22547
02/22/2023
2023 Water and Wastewater Impact Fee Update
City of Pearland
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TABLE OF CONTENTS
1.0 BACKGROUND AND SCOPE .................................................................................................. 1-1
1.1 Texas Local Government Code ....................................................................................................... 1-1
1.2 Impact Fee Development .................................................................................................................. 1-2
1.3 List of Abbreviations ........................................................................................................................... 1-3
2.0 LAND USE ASSUMPTIONS ..................................................................................................... 2-1
2.1 Impact Fee Service Area .................................................................................................................... 2-1
2.2 Projected Future Development ...................................................................................................... 2-1
2.3 Service Unit Equivalents ................................................................................................................... 2-6
3.0 CAPITAL IMPROVEMENTS PLAN ....................................................................................... 3-1
3.1 Water and Wastewater System Improvements ...................................................................... 3-1
4.0 WATER AND WASTEWATER IMPACT FEE ANALYSIS ................................................. 4-1
4.1 Water and Wastewater Capacity Analysis ................................................................................ 4-1
4.2 Maximum Allowable Impact Fee Calculations ......................................................................... 4-4
4.2.1 Maximum Allowable Water Impact Fee ............................................................................ 4-5
4.2.2 Maximum Allowable Wastewater Impact Fee................................................................ 4-5
4.2.3 Schedule of Maximum Allowable Water and Wastewater Impact Fees .............. 4-6
4.3 Water and Wastewater Impact Fee Benchmarking .............................................................. 4-6
List of Figures
Figure 2-1: Impact Fee Service Area ........................................................................................ 2-2
Figure 2-2: Historical and Projected 10-Year Population ......................................................... 2-3
Figure 2-3: Future Land Use ..................................................................................................... 2-4
Figure 2-4: Anticipated Future Developments ......................................................................... 2-5
Figure 3-1: Water Capital Improvements Plan (CIP) ................................................................ 3-4
Figure 3-2: Wastewater Capital Improvements Plan (CIP) ....................................................... 3-5
Figure 4-1: Comparison of Water and Wastewater Impact Fees per Service Unit Equivalent . 4-7
2023 Water and Wastewater Impact Fee Update
City of Pearland
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List of Tables
Table 1-1: List of Abbreviations ............................................................................................ 1-3
Table 2-1: Historical Population ........................................................................................... 2-1
Table 2-2: Projected 10-Year Growth ................................................................................... 2-3
Table 2-3: Service Unit Equivalencies ................................................................................... 2-7
Table 2-4: Summary of Projected Water and Wastewater SUEs .......................................... 2-8
Table 3-1: Water Capital Improvements Plan Summary ...................................................... 3-2
Table 3-2: Wastewater Capital Improvements Plan Summary ............................................. 3-3
Table 4-1: Cost Allocation for Water Impact Fee Calculation ............................................... 4-2
Table 4-2: Cost Allocation for Wastewater Impact Fee Calculation ..................................... 4-3
Table 4-3: Maximum Allowable Water Impact Fee .............................................................. 4-5
Table 4-4: Maximum Allowable Wastewater Impact Fee .................................................... 4-5
Table 4-5: Schedule of Water and Wastewater Impact Fees by Meter Size ......................... 4-6
Appendices
Appendix A Chapter 395, Texas Local Government Code
Appendix B Water CIP Opinions of Probable Construction Costs (OPCCs)
Appendix C Wastewater CIP Opinions of Probable Construction Costs (OPCCs)
CAPITAL IMPROVEMENTS ADVISORY COMMITTEE MEMBERS
Henry Fuertes
Brandon Dansby
Derrell Isenberg
Ashlee Boswell
Angela McCathran
Andrew B. Earles
Jennifer Henrichs
2023 Water and Wastewater Impact Fee Update
City of Pearland
1-1
1.0 BACKGROUND AND SCOPE
The City of Pearland (City) currently assesses water and wastewater impact fees as per Texas Local
Government Code (TLGC) Chapter 395. The City authorized Freese and Nichols, Inc. (FNI) to perform an
impact fee update for the City’s water and wastewater systems. The methodology used herein satisfies
the requirements of TLGC Chapter 395 (Section 1.1) for the update of water and wastewater impact fees.
1.1 TEXAS LOCAL GOVERNMENT CODE
TLGC Chapter 395 (Appendix A) requires an impact fee analysis before impact fees can be created,
updated, and assessed. TLGC Chapter 395 defines an impact fee as “a charge or assessment imposed by
a political subdivision against new development in order to generate revenue for funding or recouping
the costs of capital improvements or facility expansions necessitated by and attributable to the new
development.” In September 2001, TLGC Chapter 395 was amended creating the current procedure for
implementing impact fees. TLGC Chapter 395 identifies the following items as impact fee eligible costs:
• Construction contract price
• Surveying and engineering fees
• Land acquisition costs
• Fees paid to the consultant preparing or updating the capital improvements plan (CIP)
• Projected interest charges and other finance costs for projects identified in the CIP
TLGC Chapter 395 also identifies items that impact fees cannot be used to pay for, such as:
• Construction, acquisition, or expansion of public facilities or assets other than those identified on
the capital improvements plan
• Repair, operation, or maintenance of existing or new capital improvements
• Upgrading, updating, expanding, or replacing existing capital improvements to serve existing
development in order to meet stricter safety, efficiency, environmental, or regulatory standards
• Upgrading, updating, expanding, or replacing existing capital improvements to provide better
service to existing development
• Administrative and operating costs of the political subdivision
• Principal payments and interest or other finance charges on bonds or other indebtedness, except
as allowed above
2023 Water and Wastewater Impact Fee Update
City of Pearland
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As a funding mechanism for capital improvements, impact fees allow cities to recover the costs associated
with new facilities or facility expansions in order to serve future development. Statutory requirements
mandate that impact fees be based on a specific list of improvements identified in a capital improvements
program and only the cost attributed (and necessitated) by new growth over a 10-year period may be
considered.
Periodic Updates
According to TLGC §395.052(a) “A political subdivision imposing an impact fee shall update the land use
assumptions and capital improvements plan at least every five years...” As capital improvement projects
in the plan are completed, planned costs are updated with actual costs to reflect the capital expenditure
of the program more accurately. Additionally, new capital improvement projects may be added to the
impact fee eligible capital improvement plan (CIP) during the periodic updates.
1.2 IMPACT FEE DEVELOPMENT
The impact fee update process includes preparation of land use assumptions and development of impact
fee eligible capital improvement plans (CIPs) and associated CIP costs. The impact fee calculation is limited
to project recommendations within the next 10 years that will serve projected growth. During this study,
project recommendations developed as part of the City’s 2019 Water Master Plan and 2020 Wastewater
Master Plan Update were utilized and evaluated for impact fee eligibility. This report documents the
calculation of the maximum allowable impact fee per service unit equivalent (SUE) based on the updated
land use assumptions and water and wastewater CIPs from the City’s master plans. The TLGC §395.014
allows for a credit equal to 50% of the total projected cost of implementing the CIP. This method was
utilized for the impact fee calculation.
The impact fee update process includes workshops with the City’s appointed Capital Improvements
Advisory Committee (CIAC) and City Council. The CIAC’s role includes reviewing the land use assumptions
and impact fee CIPs and providing written comments on the proposed impact fees to the City Council.
The City Council sets the impact fees to be collected.
2023 Water and Wastewater Impact Fee Update
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1.3 LIST OF ABBREVIATIONS
The list of abbreviations used in this report are presented in Table 1-1.
Table 1-1: List of Abbreviations
Abbreviation Actual
AWWA American Water Works Association
CIP Capital Improvements Plan
CIAC Capital Improvements Advisory Committee
CR County Road
ETJ Extraterritorial Jurisdiction
FM Farm-to-Market
FNI Freese and Nichols, Inc.
gpm Gallons per Minute
GST Ground Storage Tank
MGD Million Gallons per Day
OPCC Opinion of Probable Construction Cost
SH State Highway
SUE Service Unit Equivalent
TLGC Texas Local Government Code
WRF Water Reclamation Facility
2023 Water and Wastewater Impact Fee Update
City of Pearland
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2.0 LAND USE ASSUMPTIONS
Population and projected land use are important elements in the analysis of water distribution and
wastewater collection systems. In order to identify impact fee eligible water and wastewater capital
projects, a reasonable estimation of 10-year growth is required. FNI worked with the City’s Community
Development Department and incorporated information from the ongoing Pearland2040 Comprehensive
Plan Update to document 10-year growth projections and land use assumptions during this study.
Following this effort, FNI utilized the development projections to identify ongoing/recently completed and
planned impact fee eligible improvement projects.
These land use assumptions were utilized to project the 10-year service unit equivalent (SUEs) projections.
A service unit equivalent is defined as the equivalent to a water or wastewater connection for a single-
family residence.
2.1 IMPACT FEE SERVICE AREA
The service area for the 2023 water and wastewater impact fee update consists of the City limits and is
shown on Figure 2-1. The water and wastewater impact fee service areas have the same boundaries and
encompass approximately 49 square miles or 31,360 acres.
2.2 PROJECTED FUTURE DEVELOPMENT
Historical Population
Historical population information for Pearland’s City limits is summarized in Table 2-1. The City’s
population data shows that since 2018, Pearland has experienced an ~1.3% annual average growth in
population.
Table 2-1: Historical Population
Year City Limits Population(1) Annual Growth Rate
2018 125,000 -
2020 125,828 0.3%
2021 127,600 1.4%
2022 129,600 1.6%
2023 132,300 2.1%
Average Annual Growth Rate 1.3%
(1) Population received from City. 2019 population unavailable.
8
8
8
35
35
268
6
FIGURE 2-1
CITY OF PEARLAND
2023 W/WW IMPACT FEE UPDATE
IMPACT FEE SERVICE AREA
LEGEND
Impact Fee
Service Area
City Limit
Other City Limit
ETJ
Created By Freese and Nichols, Inc.Job No.: PRL22547Location: H:\W_WW_PLANNING\01_DELIVERABLES\00_DRAFT_REPORT\00_Pro_Projects\Impact_Fee_Service_Area_and_Future_Dev\Impact_Fee_Service_Area_and_Future_Dev.aprxUpdated: Tuesday, January 24, 2023 9:09 AMUser Name: 038980 5,000
SCALE IN FEET
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Population and Commercial Acreage Projections
FNI worked with the City’s Community Development Department and the Pearland Economic
Development Corporation to develop population and commercial acreage projections within the impact
fee service area. City staff identified areas where future residential and non-residential developments are
anticipated to occur within the next 10 years. Where available, the City supplied development-specific
information such as number of single-family lots, number of multi-family units, and commercial acreage.
FNI utilized future land use information from the City’s ongoing Pearland2040 Comprehensive Plan Update
as shown on Figure 2-3 to calculate projected population and commercial acreage where development
information was unknown.
Table 2-2 summarizes the 10-year growth in population and commercial acreage. The 10-year population
projections are graphed along with historical population data on Figure 2-2. The anticipated 10-year
residential and commercial developments are shown on Figure 2-4.
Table 2-2: Projected 10-Year Growth
City Limits Population Commercial Acreage
22,820 475
Figure 2-2: Historical and Projected 10-Year Population
UV8UV8
UV8
UV35
UV35UV268
UV6
FRIENDSWOODFRIENDSWOOD
ARCOLAARCOLA
BROOKSIDE
VILLAGE
BROOKSIDE
VILLAGE
IOWA COLONYIOWA COLONY
HOUSTONHOUSTON
MANVELMANVEL
ALVINALVIN
FIGURE 2-3
CITY OF PEARLAND
2023 W/WW IMPACT FEE UPDATE
FUTURE LAND USE
LEGEND
City Limit
ETJ
Other City Limit
County Boundary!I
Created By Freese and Nichols, Inc.Job No.: PRL22547Location: H:\W_WW_PLANNING\01_DELIVERABLES\00_DRAFT_REPORT\00_Pro_Projects\Land_Use\Land_Use.aprxUpdated: Wednesday, February 22, 2023 9:59 AMUser Name: 038120 5,000
SCALE IN FEET
FUTURE LAND USE
Business Park
Commercial Center
Compact Residential
Established Residential Estate
Manufacturing & Warehouse
Mixed-Use Center
Natural Areas
Parks and Open Space
Professional Services & Industrial
Public Use
Town Center
Traditional Residential
Urban LivingFuture land use from the City's ongoing Pearland2040 Comprehensive Plan Update
Date of Preparation: 2/22/2023
UV8UV8
UV8
UV35
UV35UV268
UV6
FRIENDSWOODFRIENDSWOOD
ARCOLAARCOLA
BROOKSIDE
VILLAGE
BROOKSIDE
VILLAGE
IOWA COLONYIOWA COLONY
HOUSTONHOUSTON
LEAGUE CITYLEAGUE CITY
MANVELMANVEL
ALVINALVIN
FIGURE 2-4
CITY OF PEARLAND
2023 W/WW IMPACT FEE UPDATE
ANTICIPATED FUTURE DEVELOPMENTS
LEGEND
10-Year Development
City Limit
ETJ
Other City Limit !I
Created By Freese and Nichols, Inc.Job No.: PRL22547Location: H:\W_WW_PLANNING\01_DELIVERABLES\00_DRAFT_REPORT\00_Pro_Projects\Impact_Fee_Service_Area_and_Future_Dev\Impact_Fee_Service_Area_and_Future_Dev.aprxUpdated: Wednesday, February 22, 2023 10:45 AMUser Name: 038120 5,000
SCALE IN FEET
2023 Water and Wastewater Impact Fee Update
City of Pearland
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2.3 SERVICE UNIT EQUIVALENTS
According to TLGC Chapter 395, the maximum impact fee may not exceed the amount determined by
dividing the cost of required capital improvements by the total number of service units attributed to new
development during the impact fee eligibility period.
Definition of Service Unit Equivalents
A water service unit is defined as the service equivalent to a water connection for a single -family
residence. This is also known as a service unit equivalent (SUE). The City of Pearland utilizes 5/8-inch
meters for single-family connections. For the impact fee calculation, the 5/8-inch meter equates to one
SUE. The City bills wastewater services based on the customer’s water consumption, as wastewater flows
are not directly metered. Therefore, a single wastewater SUE is defined as the wastewater service
provided to a single-family residence.
Impact Fee Assessment Method
Chapter 395 requires that cities assess impact fees based on the time of platting of a property and collect
the impact fees when a building permit is issued. The City of Pearland has historically assessed impact fees
based on development type. As part of this 2023 update to water and wastewater impact fees, the City
of Pearland has decided to move to the water meter based assessment method. Both methods
(development type and water meters) assess impact fees based on water usage. The following
considerations apply to the water meter based impact fee assessment method*:
Residential development with the standard 5/8-inch water meter will continue to be assessed
impact fees based on a single SUE.
Water meter based impact fees are easier for the development community to understand than
the development type methodology.
Water meter based impact fees are more efficient for City staff to administer.
Water meter based impact fees are the most common impact fee assessment method in Texas.
For properties being redeveloped, additional impact fees would only be assessed if the water
meter size is increased.
*The above considerations will apply to properties platted in the Pearland City limits after the 2023 water
and wastewater impact fee update is adopted and effective.
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Calculation of SUEs
The water meter impact fee assessment method considers developments’ impact on the water system by
utilizing the safe maximum operating capacity of each meter to calculate SUEs for all water meters larger
than 5/8-inch. The SUE is the ratio of the safe maximum operating capacity for the larger meter to the
safe maximum operating capacity of a 5/8-inch meter.
The City of Pearland utilizes Badger E-Series ultrasonic water meters. Each water meter size has a safe
maximum operating capacity as defined by the manufacturer. Table 2-3 shows the safe maximum
operating capacities for the water meter sizes utilized by the City of Pearland, and the resulting SUEs.
Table 2-3: Service Unit Equivalents
Water Meter Size
Safe Maximum
Operating Capacity(1)
(gpm)
Service Unit
Equivalents(2)
5/8" 25 1.0
1" 55 2.2
2" 160 6.4
3" 560 22.4
4" 1,100 44.0
6" 2,000 80.0
8" 3,500 140.0
10" 3,500 140.0
(1) Safe maximum operating capacity for 5/8-inch through 8-inch meters based
on water meter specifications for Badger E-Series Ultrasonic meters.
(2) Service unit equivalents are rounded down to nearest single decimal point.
Projected 10-Year Service Units
The City provided data that included the quantity and size of the existing water meters in Pearland. The
10-year land use assumptions discussed in Section 2.2 were utilized to estimate the number of water
meters in Pearland in 2033. Table 2-4 shows the water service units for 2023 and 2033. The service units
for 2023 and 2033 were calculated by multiplying the number of meters of each meter size by the
corresponding service unit equivalent (as shown in Table 2-3). The projected 10-year growth in service
units is the difference between the service units in 2033 and 2023. A summary of the existing and
projected SUEs is included in Table 2-5.
2023 Water and Wastewater Impact Fee Update
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Table 2-4: Existing and Projected Water and Wastewater SUEs
Water
Meter Size
Service Unit
Equivalents(1)
Existing | 2023 Projected | 2033 Projected 10-Year
Growth in Service
Units(3) Meter Count(2) No. of
Service Units Meter Count No. of
Service Units
5/8" 1.0 36,740 36,740 43,049 43,049 6,309
1" 2.2 1,164 2,561 1,341 2,950 389
1-1/2" 4.0 82 328 82 328 0
2" 6.4 1,425 9,120 1,626 10,406 1,286
3" 22.4 72 1,613 82 1,837 224
4" 44.0 42 1,848 48 2,112 264
6" 80.0 20 1,600 23 1,840 240
8" 140.0 10 1,400 12 1,680 280
10” 140.0 2 280 2 280 0
Total - 39,557 55,490 46,265 64,482 8,992
(1) Service unit equivalents calculated based on the safe maximum operating capacity of the water meter, as shown in Table 2-3.
(2) Meter count based on Pearland’s currently installed water meters.
(3) The City discontinued use of 1-1/2” meters.
Table 2-5: Summary of Projected Water and Wastewater Service Units
Year Water & Wastewater
Service Units
2023 55,490
2033 64,482
10-Year Growth in Service Units 8,992
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3.0 CAPITAL IMPROVEMENTS PLAN
The City developed water and wastewater capital improvement plans (CIPs) as part of the 2019 Water
Master Plan and 2020 Wastewater Master Plan Update that included both rehabilitation and capacity
projects. FNI worked with the City to identify the capacity projects needed within the next 10 years to
serve the projected growth discussed in Section 2.0. In addition to these future capacity projects, FNI
worked with the City to identify water and wastewater capital projects that were recently constructed or
are currently under design which will also serve the projected 10-year growth.
3.1 WATER AND WASTEWATER SYSTEM IMPROVEMENTS
The impact fee eligible CIP projects were divided into two categories: 1) Existing/Under Design Projects
and 2) Proposed Future Projects. All impact fee eligible water CIP projects are shown on Figure 3-1 and in
Table 3-1 all impact fee eligible wastewater CIP projects are shown on Figure 3-2 and in Table 3-2.
Existing/Under Design Projects
Existing and under design capital improvement projects that are projected to serve growth within the next
10 years are also considered impact fee eligible. These projects are shown in orange. As capital
improvement projects in the plan are completed, planned costs are updated with actual costs to reflect
the capital expenditure of the program more accurately. FNI worked with City staff to document the costs
of the existing/under design projects based on the City’s latest information.
Proposed Future Projects
Proposed future water projects are shown in blue, and proposed future wastewater projects are shown
in green. FNI coordinated the planning level capital costs for these projects with Public Works and
Engineering staff and aligned them with Pearland’s CIP. Opinions of probable construction cost (OPCCs)
for the future water and wastewater projects are also included in Appendix B and Appendix C,
respectively. The planning level capital cost estimates do not include individual service connections or
subdivision lines. The costs are provided as estimates based on previous similar engineering experience
in 2023 dollars and include an allowance for engineering, surveying, and contingencies.
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Table 3-1: Water Capital Improvements Plan Summary
Project
Type
Impact Fee
Eligible CIP
No.
Description of Project Total Capital Cost(1)
(2023 Dollars) Existing/Under Design Projects A Old Alvin Road 20" Water Line $3,304,051
B McHard Road 16" Water Line Phase I $5,260,200
C Houston 30" Interconnect Transmission Line $18,964,365
D Bailey Rd 24" & 30" Water Transmission Lines $360,145
E SH 35 16" Water Line - South of Magnolia Road $325,244
F Surface Water Plant Phase 1 (10 MGD) $175,500,000
G SE Water Plant City of Houston (Purchased 10 MGD) $26,809,000
H FM 521 20" Water Line - Broadway to Mooring Pointe $2,337,103
I McHard Rd. 16" Water Line Phase II - Cullen Parkway to Mykawa Road $2,468,238
J Hughes Ranch Road West 12" Water Line $2,054,100
K FM 521 Ground Storage Tank Expansion $5,292,097
L FM 1128 16" Water Line - Bailey to CR 100 $90,635
M CR 100 16" Water Line - Veterans Drive to FM 1128 $349,088
N Pearland Parkway 12" Water Line Extension $190,366
O Water and Wastewater Impact Fee Update $82,436
Existing/Under Design Projects Subtotal $243,387,068 Proposed Future Projects 1 Cullen Ground Storage Tank Replacement $2,497,500
2 Surface Water Treatment Plant - Forebay Storage Facility (Phase 2a) $70,495,400
3 Hughes Ranch Road East 12" Water Line Phase II $2,965,200
Proposed Future Projects Subtotal $75,958,100
Total Impact Fee Eligible Water Capital Improvement Project Costs $319,345,168
(1) Class 5 estimates were developed for proposed future projects and include material costs and general contingency. Additional
expenses related to engineering, environmental, geotechnical, change order contingency, soft costs, and legal fees are not included.
Note: FNI has no control over the cost of labor, materials, equipment, or over the Contractor’s methods of determining prices or over
competitive bidding or market conditions. Opinions of probable construction costs provided are based on the information available
at the time of preparation and represent only FNI’s judgment based on industry experience. FNI cannot and does not guarantee the
proposals, bids, or actual construction costs will not vary from the opinion of probable construction costs.
2023 Water and Wastewater Impact Fee Update
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Table 3-2: Wastewater Capital Improvements Plan Summary
Project
Type
Impact Fee
Eligible CIP
No.
Description of Project Total Capital Cost(1)
(2023 Dollars) Existing/Under Design Projects A SH 35 Sewer Phase II $4,935,371
B Reflection Bay Water Reclamation Expansion from 2 to 6 MGD $52,953,405
C McHard Rd Trunk Sewer (Garden to Southdown WRF) $4,383,028
D Barry Rose WRF Expansion $160,487,122
E JHEC WRF Expansion - WWM Project 29A $80,593,236
F Mykawa Lift Stations $6,557,446
G Water and Wastewater Impact Fee Update $82,436
Existing/Under Design Projects Subtotal $309,992,044 Proposed Future Projects 1 Replacement 18/24/36/42-inch Plum Street and Barry Rose Road
Gravity Lines $10,418,000
2 Southdown Diversion Sewer Infrastructure $15,002,600
3 New Cullen Road 18-inch Gravity Line $3,847,700
4 Cullen Pumping Capacity Expansion to 4.0 MGD $2,380,100
Proposed Future Projects Subtotal $31,648,400
Total Impact Fee Eligible Wastewater Capital Improvement Project Costs $341,640,444
(2) Class 5 estimates were developed for proposed future projects and include material costs and general contingency. Additional
expenses related to engineering, environmental, geotechnical, change order contingency, soft costs, and legal fees are not included.
Note: FNI has no control over the cost of labor, materials, equipment, or over the Contractor’s methods of determining prices or
over competitive bidding or market conditions. Opinions of probable construction costs provided are based on the information
available at the time of preparation and represent only FNI’s judgment based on industry experience. FNI cannot and does not
guarantee the proposals, bids, or actual construction costs will not vary from the opinion of probable construction costs.
!I
Created By Freese and Nichols, Inc.Job N o.: PRL22547Location: H :\W _W W _PLANNING\01_DELIVERABLES\00_DRAFT_REPORT\MXDs\(Figure_3-1)-Water_CIP_Ongoing_Recently_Compeleted_Update.mxdUpdated: Wednesday, Februar y 1, 2023 12:32:15 PM
LEGEND
Proposed 10-Year CIP Projects
UT Elevated Storage Tank
Water Line
Existing/Under Design
UT Ground Storage Tank
3Q Water Treatment Plant
Water Line
Existing System
UT Ground Storage Tank
(#UT Elevated Storage Tank
3Q Water Treatment Plant
8" and SmallerWater Line
10" and LargerWater Line
Railroad
Stream
Lake
City Limit
ETJ
Other City Limit
County Bo
FIGURE 3-1CITY OF PEARLAND2023 W/WW IMPACT FEE UPDATEWATER CAPITAL IMPROVEMENTS PLAN
0 2,500 5,000
SCALE IN FEET
The timing of projects shown is subject to change based on development patterns.The utility alignments shown in this figure are for illustration purposes onlyand do not set the alignments. The alignment of each utility will be determinedat the time of the engineering design.
Water and Wastewater Impact Fee U pdate(O
Created By Freese and Nichols, Inc.Job N o.: PRL22547Location: H :\W _W W _PLANNING\01_DELIVERABLES\00_DRAFT_REPORT\MXDs\(Figure_3-2)-IF_Wastewater_CIP_Update.mxdUpdated: Wednesday, Februar y 1, 2023 12:06:19 PM
LEGEND
Proposed 10-Year CIP Projects
Vä Lift Statio n
RWRF7 Wa ter Recla ma tio n Facility
Gravity Main
Force Main
Existing/Under Design Improvements
Vä Lift Statio n
RWRF7 Wa ter Recla ma tio n Facility
Gravity Main
Force Main
Existing System
Vä Lift Statio n
RWRF7 Wa ter Recla ma tio n Facility
8" an d SmallerWastewater Lin e
10" a nd LargerWastewater Lin e
8" an d SmallerForce Main
10" a nd LargerForce Main
Railro ad
City Limit
ETJ
Other C ity Limit
County B
FIGURE 3-2CITY OF PEARLAND2023 W/WW IMPACT FEE UPDATEWASTEWATER CAPITAL IMPROVEMENTS PLAN
WRF SERVICE AREAS
Ba rry Rose
JH EC
Longw ood
Reflection Bay
So uth down
!I02,500 5,000
SCALE IN FEET
The timing of projects shown is subject to change based on development patterns.The utility alignments shown in this figure are for illustration purposes onlyand do not set the alignments. The alignment of each utility will be determinedat the time of the engineering design.
2023 Water and Wastewater Impact Fee Update
City of Pearland
4-1
4.0 WATER AND WASTEWATER IMPACT FEE ANALYSIS
The water and wastewater impact fee analyses involve assessing the utilization of existing and proposed
projects within the impact fee eligible capital improvement plans (Section 3.0) required to serve new
development over the next 10-year time period. For these projects, the impact fee is calculated as a
percentage of the project cost, based upon the percentage of the project’s capacity to serve development
projected to occur between 2023 and 2033. The capacity serving existing development and development
projected to occur beyond the 10-year period is not impact fee eligible.
4.1 WATER AND WASTEWATER CAPACITY ANALYSIS
FNI assessed the impact fee eligible water and wastewater projects to quantify the portion of the projects
that are projected to be utilized within the next 10 years. The 10-year utilization is the percentage of the
project cost that is impact fee eligible.
Summaries of the water and wastewater costs for infrastructure to serve the projected 10-year growth
are shown in Table 4-1 and Table 4-2, respectively. The percent utilization columns in the tables are
defined as follows:
• The 2023 Percent Utilization is the portion of the project’s capacity that serves existing
development and is therefore not included in the impact fee eligible cost.
• The 2033 Percent Utilization is the portion of the project’s capacity that is projected to be utilized
by 2033.
• The 2023 to 2033 Percent Utilization is the portion of the project’s capacity that is projected to
serve the 10-year growth. This percentage is multiplied by the total project cost to calculate the
impact fee eligible portion of the project.
The 10-year Impact Fee Eligible Cost column is the portion of the capital project cost that is utilized in the
calculation of the maximum allowable impact fee. Proposed future project costs include 1.5% legal fees
and annual inflation of 3.5% based on the projected future start year of the project.
2023 Water and Wastewater Impact Fee Update
City of Pearland
4-2
Table 4-1: Cost Allocation for Water Impact Fee Calculation
Water Project
No. Description of Project
Percent Utilization
10-Year Impact Fee Eligible Cost (1)
(2023-2033) 2023(1) 2033 2023-2033 Existing/Under Design Projects A Old Alvin Road 20" Water Line 40% 65% 25% $826,012
B McHard Road 16" Water Line Phase I 20% 30% 10% $526,020
C Houston 30" Interconnect Transmission Line 65% 85% 20% $3,792,873
D Bailey Rd 24" & 30" Water Transmission Lines 85% 95% 10% $36,014
E SH 35 16" Water Line - South of Magnolia Road 20% 35% 15% $48,786
F Surface Water Plant Phase 1 (10 MGD) 55% 70% 15% $26,325,000
G SE Water Plant City of Houston (Purchased 10 MGD) 65% 95% 30% $8,042,700
H FM 521 20" Water Line - Broadway to Mooring Pointe 55% 70% 15% $350,565
I McHard Rd. 16" Water Line Phase II - Cullen Parkway to Mykawa Road 20% 30% 10% $246,823
J Hughes Ranch Road West 12" Water Line 45% 80% 35% $718,935
K FM 521 Ground Storage Tank Expansion 90% 100% 10% $529,209
L FM 1128 16" Water Line - Bailey to CR 100 0% 100% 100% $90,635
M CR 100 16" Water Line - Veterans Drive to FM 1128 0% 100% 100% $349,088
N Pearland Parkway 12" Water Line Extension 90% 95% 5% $9,518
O Water and Wastewater Impact Fee Update 0% 100% 100% $82,436
Existing/Under Design Projects Subtotal $41,974,614 Proposed Future Projects 1 Cullen Ground Storage Tank Replacement 50% 100% 50% $1,311,843
2 Surface Water Treatment Plant - Forebay Storage Facility (Phase 2a) 55% 70% 15% $11,899,785
3 Hughes Ranch Road East 12" Water Line Phase II 45% 55% 10% $345,367
Proposed Future Projects Subtotal(1) $13,556,995
Total 10-Year Impact Fee Eligible Water Capital Improvement Project Costs $55,531,609
(1) Proposed future project costs include 1.5% legal fees and annual inflation of 3.5% based on the projected future start year of the project.
2023 Water and Wastewater Impact Fee Update
City of Pearland
4-3
Table 4-2: Cost Allocation for Wastewater Impact Fee Calculation
Water
Project No. Description of Project
Percent Utilization
10-Year Impact Fee Eligible Cost
(2023-2033) 2023(1) 2033 2023-2033 Existing/Under Design Projects A SH 35 Sewer Phase II 20% 35% 15% $740,305
B Reflection Bay Water Reclamation Expansion from 2 to 6 MGD 55% 80% 25% $13,238,351
C McHard Rd Trunk Sewer (Garden to Southdown WRF) 20% 30% 10% $438,302
D Barry Rose WRF Expansion 50% 65% 15% $24,073,068
E JHEC WRF Expansion - WWM Project 29A 0% 50% 50% $40,296,618
F Mykawa Lift Stations 45% 70% 25% $1,639,361
G Water and Wastewater Impact Fee Update 0% 100% 100% $82,436
Existing/Under Design Projects Subtotal $80,508,441 Proposed Future Projects 1 Replacement 18/24/36/42-inch Plum Street and Barry Rose
Road Gravity Lines 90% 95% 5% $547,218
2 Southdown Diversion Sewer Infrastructure 60% 75% 15% $2,446,834
3 New Cullen Road 15-inch Gravity Line 30% 35% 5% $202,105
4 Cullen Pumping Capacity Expansion to 4.0 MGD 25% 50% 25% $851,931
Proposed Future Projects Subtotal(1) $4,048,088
Total 10-Year Impact Fee Eligible Wastewater Capital Improvement Project Costs $84,556,529
(1) Proposed future project costs include 1.5% legal fees and annual inflation of 3.5% based on the projected future start year of the project.
2023 Water and Wastewater Impact Fee Update
City of Pearland
4-4
4.2 MAXIMUM ALLOWABLE IMPACT FEE CALCULATIONS
TLGC Chapter 395 states that the maximum impact fee may not exceed the amount determined by
dividing the cost of capital improvements required by the total number of service units attributed to new
development during the impact fee eligibility period (2023 – 2033). TLGC provides two options for
calculating water and wastewater impact fees. A City may utilize:
• §395.014(a)(7)(A) “a credit for the portion of ad valorem tax and utility service revenues
generated by new service units during the program period that is used for the payment of
improvements, including the payment of debt, that are included in the capital improvements plan;
or”
• §395.014(a)(7)(B) “in the alternative, a credit equal to 50 percent of the total projected cost of
implementing the capital improvements plan.”
The City of Pearland has elected the 50% credit option. The City has been utilizing this method since
Pearland first adopted water and wastewater impact fees in 1997. The 2023 maximum allowable water
and wastewater impact fees for the City of Pearland are calculated in Section 4.2.1 and Section 4.2.2
respectively.
2023 Water and Wastewater Impact Fee Update
City of Pearland
4-5
4.2.1 Maximum Allowable Water Impact Fee
The total maximum allowable water impact fee calculation is summarized in Table 4-3. The total eligible
impact fee costs are the portion of the capital improvement costs for water projects that will serve the
projected 10-year developments and include financing costs for debt service.
Table 4-3: Maximum Allowable Water Impact Fee
2023 Water Impact Fee Calculation
Total Eligible Impact Fee Costs(1) $70,613,216
50% Credit $35,306,608
Total Eligible Impact Fee Costs with 50% Credit Applied $35,306,608
10-Year Growth in Service Unit Equivalents 8,992
Maximum Allowable Water Impact Fee $3,926
(1) Includes financing costs for debt service.
4.2.2 Maximum Allowable Wastewater Impact Fee
The total maximum allowable wastewater impact fee calculation is summarized in Table 4-4. The total
eligible impact fee costs are the portion of the capital improvement costs for wastewater projects that
will serve the projected 10-year developments and include financing costs for debt service.
Table 4-4: Maximum Allowable Wastewater Impact Fee
2023 Wastewater Impact Fee Calculation
Total Eligible Impact Fee Costs(1) $96,029,360
50% Credit $48,014,680
Total Eligible Impact Fee Costs with 50% Credit Applied $48,014,680
10-Year Growth in Service Unit Equivalents 8,992
Maximum Allowable Wastewater Impact Fee $5,339
(1) Includes financing costs for debt service.
2023 Water and Wastewater Impact Fee Update
City of Pearland
4-6
4.2.3 Schedule of Maximum Allowable Water and Wastewater Impact Fees
Table 4-5 shows the schedule of 2023 maximum allowable water and wastewater impact fees by water
meter size, based on the service unit equivalents discussed in Section 2.3.
Table 4-5: Schedule of Maximum Allowable Water and Wastewater Impact Fees by Meter Size
Meter
Size
Service Unit
Equivalents(1)
Maximum Allowable Impact Fees
Water Wastewater Total
5/8" 1.0 $3,926 $5,339 $9,265
1" 2.2 $8,637 $11,745 $20,382
2" 6.4 $25,126 $34,169 $59,295
3" 22.4 $87,942 $119,593 $207,535
4" 44.0 $172,744 $234,916 $407,660
6" 80.0 $314,080 $427,120 $741,200
8" 140.0 $549,640 $747,460 $1,297,100
10" 140.0 $549,640 $747,460 $1,297,100
(1) Service unit equivalents are rounded down to nearest single decimal point
4.3 WATER AND WASTEWATER IMPACT FEE BENCHMARKING
A comparison graph showing adopted water and wastewater impact fees in benchmark cities is presented
on Figure 4-1. The graph also shows where the City of Pearland’s 2023 maximum allowable water and
wastewater impact fees compare to the adopted fees of the benchmark cities.
2023 Water and Wastewater Impact Fee Update
City of Pearland
4-7
Figure 4-1: Comparison of Water and Wastewater Impact Fees per Service Unit Equivalent
2023 Water and Wastewater Impact Fee Update
City of Pearland
APPENDIX A
Chapter 395, Texas Local Government Code
1
CHAPTER 395. FINANCING CAPITAL IMPROVEMENTS REQUIRED BY NEW
DEVELOPMENT IN MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL
GOVERNMENTS
SUBCHAPTER A. GENERAL PROVISIONS
§ 395.001. Definitions
In this chapter:
(1) "Capital improvement" means any of the following facilities that have a life expectancy of three or
more years and are owned and operated by or on behalf of a political subdivision:
(A) water supply, treatment, and distribution facilities; wastewater collection and treatment facilities;
and storm water, drainage, and flood control facilities; whether or not they are located within the service
area; and
(B) roadway facilities.
(2) "Capital improvements plan" means a plan required by this chapter that identifies capital
improvements or facility expansions for which impact fees may be assessed.
(3) "Facility expansion" means the expansion of the capacity of an existing facility that serves the same
function as an otherwise necessary new capital improvement, in order that the existing facility m ay serve
new development. The term does not include the repair, maintenance, modernization, or expansion of an
existing facility to better serve existing development.
(4) "Impact fee" means a charge or assessment imposed by a political subdivision against new
development in order to generate revenue for funding or recouping the costs of capital improvements or
facility expansions necessitated by and attributable to the new development. The term includes
amortized charges, lump-sum charges, capital recovery fees, contributions in aid of construction, and
any other fee that functions as described by this definition. The term does not include:
(A) dedication of land for public parks or payment in lieu of the dedication to serve park needs;
(B) dedication of rights-of-way or easements or construction or dedication of on-site or off-site water
distribution, wastewater collection or drainage facilities, or streets, sidewalks, or curbs if the dedication
or construction is required by a valid ordinance and is necessitated by and attributable to the new
development;
(C) lot or acreage fees to be placed in trust funds for the purpose of reimbursing developers for
oversizing or constructing water or sewer mains or lines; or
(D) other pro rata fees for reimbursement of water or sewer mains or lines extended by the political
subdivision.
2
However, an item included in the capital improvements plan may not be required to be constructed
except in accordance with Section 395.019(2), and an owner may not be required to construct or
dedicate facilities and to pay impact fees for those facilities.
(5) "Land use assumptions" includes a description of the service area and projections of changes in land
uses, densities, intensities, and population in the service area over at least a 10-year period.
(6) "New development" means the subdivision of land; the construction, reconstruction, redevelopment,
conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of
the use of land; any of which increases the number of service units.
(7) "Political subdivision" means a municipality, a district or authority created under Article III, Section
52, or Article XVI, Section 59, of the Texas Constitution, or, for the purposes set forth by Section
395.079, certain counties described by that section.
(8) "Roadway facilities" means arterial or collector streets or roads that have been designated on an
officially adopted roadway plan of the political subdivision, together with all necessary appurtenances.
The term includes the political subdivision's share of costs for roadways and associated improvements
designated on the federal or Texas highway system, including local matching funds and costs related to
utility line relocation and the establishment of curbs, gutters, sidewalks, drainage appurtenances, and
rights-of-way.
(9) "Service area" means the area within the corporate boundaries or extraterritorial jurisdiction, as
determined under Chapter 42, of the political subdivision to be served by the capital improvements or
facilities expansions specified in the capital improvements plan, except roadway facilities and storm
water, drainage, and flood control facilities. The service area, for the purposes of this chapter, may
include all or part of the land within the political subdivision or its extraterritorial jurisdiction, except for
roadway facilities and storm water, drainage, and flood control facilities. For roadway facilities, the
service area is limited to an area within the corporate boundaries of the political subdivision and shall
not exceed six miles. For storm water, drainage, and flood control facilities, the service area may include
all or part of the land within the political subdivision or its extraterritorial jurisdiction, but shall not
exceed the area actually served by the storm water, drainage, and flood control facilities designated in
the capital improvements plan and shall not extend across watershed boundaries.
(10) "Service unit" means a standardized measure of consumption, use, generation, or discharge
attributable to an individual unit of development calculated in accordance with generally accepted
engineering or planning standards and based on historical data and trends applicable to the political
subdivision in which the individual unit of development is located during the previous 10 years.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. Amended by Acts 1989, 71st Leg., ch.
566, § 1(e), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 345, § 1, eff. Sept. 1, 2001.
3
SUBCHAPTER B. AUTHORIZATION OF IMPACT FEE
§ 395.011. Authorization of Fee
(a) Unless otherwise specifically authorized by state law or this chapter, a governmental entity or
political subdivision may not enact or impose an impact fee.
(b) Political subdivisions may enact or impose impact fees on land within their corporate boundaries or
extraterritorial jurisdictions only by complying with this chapter, except that impact fees may not be
enacted or imposed in the extraterritorial jurisdiction for roadway facilities.
(c) A municipality may contract to provide capital improvements, except roadway facilities, to an area
outside its corporate boundaries and extraterritorial jurisdiction and may charge an impact fee under the
contract, but if an impact fee is charged in that area, the municipality must comply with this chapter.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.012. Items Payable by Fee
(a) An impact fee may be imposed only to pay the costs of con structing capital improvements or facility
expansions, including and limited to the:
(1) construction contract price;
(2) surveying and engineering fees;
(3) land acquisition costs, including land purchases, court awards and costs, attorney's fees, and expert
witness fees; and
(4) fees actually paid or contracted to be paid to an independent qualified engineer or financial
consultant preparing or updating the capital improvements plan who is not an employee of the political
subdivision.
(b) Projected interest charges and other finance costs may be included in determining the amount of
impact fees only if the impact fees are used for the payment of principal and interest on bonds, notes, or
other obligations issued by or on behalf of the political subdivision to finance the capital improvements
or facility expansions identified in the capital improvements plan and are not used to reimburse bond
funds expended for facilities that are not identified in the capital improvements plan.
(c) Notwithstanding any other provision of this chapter, the Edwards Underground Water District or a
river authority that is authorized elsewhere by state law to charge fees that function as impact fees may
use impact fees to pay a staff engineer who prepares or updates a capital improvements plan under this
chapter.
(d) A municipality may pledge an impact fee as security for the payment of debt service on a bond, note,
or other obligation issued to finance a capital improvement or public facility expansion if:
(1) the improvement or expansion is identified in a capital improvements plan; and
4
(2) at the time of the pledge, the governing body of the municipality certifies in a written order,
ordinance, or resolution that none of the impact fee will be used or expended for an imp rovement or
expansion not identified in the plan.
(e) A certification under Subsection (d)(2) is sufficient evidence that an impact fee pledged will not be
used or expended for an improvement or expansion that is not identified in the capital improvements
plan.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. Amended by Acts 1995, 74th Leg.,
ch. 90, § 1, eff. May 16, 1995.
§ 395.013. Items Not Payable by Fee
Impact fees may not be adopted or used to pay for:
(1) construction, acquisition, or expansion of public facilities or assets other than capital improvements
or facility expansions identified in the capital improvements plan;
(2) repair, operation, or maintenance of existing or new capital improvements or facility expansions;
(3) upgrading, updating, expanding, or replacing existing capital improvements to serve existing
development in order to meet stricter safety, efficiency, environmental, or regulatory standards;
(4) upgrading, updating, expanding, or replacing existing capital improvements to provide better service
to existing development;
(5) administrative and operating costs of the political subdivision, except the Edwards Underground
Water District or a river authority that is authorized elsewhere by state law to charge fees that function
as impact fees may use impact fees to pay its administrative and operating costs;
(6) principal payments and interest or other finance charges on bonds or other indebtedness, except as
allowed by Section 395.012.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.014. Capital Improvements Plan
(a) The political subdivision shall use qualified professionals to prepare the capital improvements plan
and to calculate the impact fee. The capital improvements plan must contain specific enumeration of the
following items:
(1) a description of the existing capital improvements within the service area and the costs to upgrade,
update, improve, expand, or replace the improvements to meet existing needs and usage and stricter
safety, efficiency, environmental, or regulatory standards, which shall be prepared by a qualified
professional engineer licensed to perform the professional engineering services in this state;
5
(2) an analysis of the total capacity, the level of current usage, and commitments for usage of capacity of
the existing capital improvements, which shall be prepared by a qualified professional engineer licensed
to perform the professional engineering services in this state;
(3) a description of all or the parts of the capital improvements or facility expansions and their costs
necessitated by and attributable to new development in the service area based on the approved land use
assumptions, which shall be prepared by a qualified professional engineer licensed t o perform the
professional engineering services in this state;
(4) a definitive table establishing the specific level or quantity of use, consumption, generation, or
discharge of a service unit for each category of capital improvements or facility expansi ons and an
equivalency or conversion table establishing the ratio of a service unit to various types of land uses,
including residential, commercial, and industrial;
(5) the total number of projected service units necessitated by and attributable to new development
within the service area based on the approved land use assumptions and calculated in accordance with
generally accepted engineering or planning criteria;
(6) the projected demand for capital improvements or facility expansions required by new s ervice units
projected over a reasonable period of time, not to exceed 10 years; and
(7) a plan for awarding:
(A) a credit for the portion of ad valorem tax and utility service revenues generated by new service units
during the program period that is used for the payment of improvements, including the payment of debt,
that are included in the capital improvements plan; or
(B) in the alternative, a credit equal to 50 percent of the total projected cost of implementing the capital
improvements plan.
(b) The analysis required by Subsection (a)(3) may be prepared on a systemwide basis within the service
area for each major category of capital improvement or facility expansion for the designated service
area.
(c) The governing body of the political subdivision is responsible for supervising the implementation of
the capital improvements plan in a timely manner.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 345, § 2, eff. Sept. 1, 2001.
§ 395.015. Maximum Fee Per Service Unit
(a) The impact fee per service unit may not exceed the amount determined by subtracting the amount in
Section 395.014(a)(7) from the costs of the capital improvements described by Section 395.014(a)(3)
and dividing that amount by the total number of projected service units described by Section
395.014(a)(5).
6
(b) If the number of new service units projected over a reasonable period of time is less than the total
number of new service units shown by the approved land use assumptions at full development of the
service area, the maximum impact fee per service unit shall be calculated by dividing the costs of the
part of the capital improvements necessitated by and attributable to projected new service units
described by Section 395.014(a)(6) by the projected new service units described in that section.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 345, § 3, eff. Sept. 1, 2001.
§ 395.016. Time for Assessment and Collection of Fee
(a) This subsection applies only to impact fees adopted and land platted before June 20, 1987. For land
that has been platted in accordance with Subchapter A, Chapter 212, or the subdivision or platting
procedures of a political subdivision before June 20, 1987, or land on which new development occurs or
is proposed without platting, the political subdivision may assess the impact fees at any time during the
development approval and building process. Except as provided by Section 395.019, the political
subdivision may collect the fees at either the time of recordation of the subdivision plat or connection to
the political subdivision's water or sewer system or at the time the political subdivision issues either the
building permit or the certificate of occupancy.
(b) This subsection applies only to impact fees adopted before June 20, 1987, and land platted after that
date. For new development which is platted in accordance with Subchapter A, Chapter 212, or the
subdivision or platting procedures of a political subdivision after June 20, 1987, the political subdivision
may assess the impact fees before or at the time of recordation. Except as provided by Section 395.019,
the political subdivision may collect the fees at either the time of recordation of the subdivision plat or
connection to the political subdivision's water or sewer system or at the time the political subdivision
issues either the building permit or the certificate of occupancy.
(c) This subsection applies only to impact fees adopted after June 20, 1987. For new development which
is platted in accordance with Subchapter A, Chapter 212, or the subdivision or platting procedures of a
political subdivision before the adoption of an impact fee, an impact fee may not be collected on any
service unit for which a valid building permit is issued within one year after the date of adoption of the
impact fee.
(d) This subsection applies only to land platted in accordance with Subchapter A, Chapter 212, or the
subdivision or platting procedures of a political subdivision after adoption of an impact fee adopted after
June 20, 1987. The political subdivision shall assess the impact fees before or at the time of recordation
of a subdivision plat or other plat under Subchapter A, Chapter 212, or the subdivision or platting
ordinance or procedures of any political subdivision in the official records of the county clerk of the
county in which the tract is located. Except as provided by Section 395.019, if the political subdivision
has water and wastewater capacity available:
(1) the political subdivision shall collect the fees at the time the political subdivision issues a building
permit;
7
(2) for land platted outside the corporate boundaries of a municipality, the municipality shall collect the
fees at the time an application for an individual meter connection to the municipality's water or
wastewater system is filed; or
(3) a political subdivision that lacks authority to issue building permits in the area where the impact fee
applies shall collect the fees at the time an application is filed for an individual meter connection to the
political subdivision's water or wastewater system.
(e) For land on which new development occurs or is proposed to occur without platting, the political
subdivision may assess the impact fees at any time during the development and building process and
may collect the fees at either the time of recordation of the subdivision plat or connection to the political
subdivision's water or sewer system or at the time the political subd ivision issues either the building
permit or the certificate of occupancy.
(f) An "assessment" means a determination of the amount of the impact fee in effect on the date or
occurrence provided in this section and is the maximum amount that can be charged per service unit of
such development. No specific act by the political subdivision is required.
(g) Notwithstanding Subsections (a)-(e) and Section 395.017, the political subdivision may reduce or
waive an impact fee for any service unit that would qualify as affordable housing under 42 U.S.C.
Section 12745, as amended, once the service unit is constructed. If affordable housing as defined by 42
U.S.C. Section 12745, as amended, is not constructed, the political subdivision may reverse its decision
to waive or reduce the impact fee, and the political subdivision may assess an impact fee at any time
during the development approval or building process or after the building process if an impact fee was
not already assessed.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. Amended by Acts 1997, 75th Leg.,
ch. 980, § 52, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 345, § 4, eff. Sept. 1, 2001.
§ 395.017. Additional Fee Prohibited; Exception
After assessment of the impact fees attributable to the new development or execution of an agreement
for payment of impact fees, additional impact fees or increases in fees may not be assessed against the
tract for any reason unless the number of service units to be developed on the tract increases. In the
event of the increase in the number of service units, the impact fees to be imposed are limited to the
amount attributable to the additional service units.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.018. Agreement With Owner Regarding Payment
A political subdivision is authorized to enter into an agreement with the owner of a tract of land for
which the plat has been recorded providing for the time and method of payment of the impact fees.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
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§ 395.019. Collection of Fees if Services Not Available
Except for roadway facilities, impact fees may be assessed but may not be collected in areas where
services are not currently available unless:
(1) the collection is made to pay for a capital improvement or facility expansion that has been identified
in the capital improvements plan and the political subdivision commits to commence construction within
two years, under duly awarded and executed contracts or commitments of staff time covering
substantially all of the work required to provide service, and to have the service available within a
reasonable period of time considering the type of capital improvement or facility expansion to be
constructed, but in no event longer than five years;
(2) the political subdivision agrees that the owner of a new development may construct or finance the
capital improvements or facility expansions and agrees that the costs incurred or funds advanced will be
credited against the impact fees otherwise due from the new development or agrees to reimburse the
owner for such costs from impact fees paid from other new developments that will use such capital
improvements or facility expansions, which fees shall be collected and reimbursed to the owner at the
time the other new development records its plat; or
(3) an owner voluntarily requests the political subdivision to reserve capacity to serve future
development, and the political subdivision and owner enter into a valid written agreement.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.020. Entitlement to Services
Any new development for which an impact fee has been paid is entitled to the permanent use and benefit
of the services for which the fee was exacted and is entitled to receive immediate service from any
existing facilities with actual capacity to serve the new service units, subject to compliance with other
valid regulations.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.021. Authority of Political Subdivisions to Spend Funds to Reduce Fees
Political subdivisions may spend funds from any lawful source to pay for all or a part of the capital
improvements or facility expansions to reduce the amount of impact fees.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.022. Authority of Political Subdivision to Pay Fees
Political subdivisions and other governmental entities may pay impact fees imposed under this chapter.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
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§ 395.023. Credits Against Roadway Facilities Fees
Any construction of, contributions to, or dedications of off-site roadway facilities agreed to or required
by a political subdivision as a condition of development approval shall be credited against roadway
facilities impact fees otherwise due from the development.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.024. Accounting For Fees and Interest
(a) The order, ordinance, or resolution levying an impact fee must provide that all funds collected
through the adoption of an impact fee shall be deposited in interest-bearing accounts clearly identifying
the category of capital improvements or facility expansions within the service area for which the fee was
adopted.
(b) Interest earned on impact fees is considered funds of the account on which it is earned and is subject
to all restrictions placed on use of impact fees under this chapter.
(c) Impact fee funds may be spent only for the purposes for which the impact fee was imposed as shown
by the capital improvements plan and as authorized by this chapter.
(d) The records of the accounts into which impact fees are deposited shall be open for public inspection
and copying during ordinary business hours.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.025. Refunds
(a) On the request of an owner of the property on which an impact fee has been paid, the political
subdivision shall refund the impact fee if existing facilities are available and service is denied or the
political subdivision has, after collecting the fee when service was not available, failed to commence
construction within two years or service is not available within a reasonable period considerin g the type
of capital improvement or facility expansion to be constructed, but in no event later than five years from
the date of payment under Section 395.019(1).
(b) Repealed by Acts 2001, 77th Leg., ch. 345, § 9, eff. Sept. 1, 2001.
(c) The political subdivision shall refund any impact fee or part of it that is not spent as authorized by
this chapter within 10 years after the date of payment.
(d) Any refund shall bear interest calculated from the date of collection to the date of refund at the
statutory rate as set forth in Section 302.002, Finance Code, or its successor statute.
(e) All refunds shall be made to the record owner of the property at the time the refund is paid. However,
if the impact fees were paid by another political subdivision or go vernmental entity, payment shall be
made to the political subdivision or governmental entity.
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(f) The owner of the property on which an impact fee has been paid or another political subdivision or
governmental entity that paid the impact fee has standing to sue for a refund under this section.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. Amended by Acts 1997, 75th Leg.,
ch. 1396, § 37, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 62, § 7.82, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 345, § 9,
eff. Sept. 1, 2001.
SUBCHAPTER C. PROCEDURES FOR ADOPTION OF IMPACT FEE
§ 395.041. Compliance With Procedures Required
Except as otherwise provided by this chapter, a political subdivision must comply with this subchapter
to levy an impact fee.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.0411. Capital Improvements Plan
The political subdivision shall provide for a capital improvements plan to be developed by qualified
professionals using generally accepted engineering and planning practices in accordance with Section
395.014.
Added by Acts 2001, 77th Leg., ch. 345, § 5, eff. Sept. 1, 2001.
§ 395.042. Hearing on Land Use Assumptions and Capital Improvements Plan
To impose an impact fee, a political subdivision must adopt an order, ordinance, or resolution
establishing a public hearing date to consider the land use assumptions and capital improvements plan
for the designated service area.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 345, § 5, eff. Sept. 1, 2001.
§ 395.043. Information About Land Use Assumptions and Capital Improvements Plan Available
to Public
On or before the date of the first publication of the notice of the hearing on the land use assumptions and
capital improvements plan, the political subdivision shall make available to the public its land use
assumptions, the time period of the projections, and a description of the capital improvement facilities
that may be proposed.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 345, § 5, eff. Sept. 1, 2001.
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§ 395.044. Notice of Hearing on Land Use Assumptions and Capital Improvements Plan
(a) Before the 30th day before the date of the hearing on the land use assumptions and capital
improvements plan, the political subdivision shall send a notice of the hearing by certified mail to any
person who has given written notice by certified or registered mail to the municipal secretary or other
designated official of the political subdivision requesting notice of the hearing within two years
preceding the date of adoption of the order, ordinance, or resolution setting the public hearing.
(b) The political subdivision shall publish notice of the hearing before the 30th day before the date set
for the hearing, in one or more newspapers of general circulation in each county in which the political
subdivision lies. However, a river authority that is authorized elsewhere by state law t o charge fees that
function as impact fees may publish the required newspaper notice only in each county in which the
service area lies.
(c) The notice must contain:
(1) a headline to read as follows:
"NOTICE OF PUBLIC HEARING ON LAND USE ASSUMPTIONS AND CAPITAL
IMPROVEMENTS PLAN RELATING TO POSSIBLE ADOPTION OF IMPACT FEES"
(2) the time, date, and location of the hearing;
(3) a statement that the purpose of the hearing is to consider the land use assumptions and capital
improvements plan under which an impact fee may be imposed; and
(4) a statement that any member of the public has the right to appear at the hearing and present evidence
for or against the land use assumptions and capital improvements plan.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 345, § 5, eff. Sept. 1, 2001.
§ 395.045. Approval of Land Use Assumptions and Capital Improvements Plan Required
(a) After the public hearing on the land use assumptions and capital improvements plan, the political
subdivision shall determine whether to adopt or reject an ordinance, order, or resolution approving the
land use assumptions and capital improvements plan.
(b) The political subdivision, within 30 days after the date of the public hearing, shall approve or
disapprove the land use assumptions and capital improvements plan.
(c) An ordinance, order, or resolution approving the land use assumptions and capital improvements
plan may not be adopted as an emergency measure.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 345, § 5, eff. Sept. 1, 2001.
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§ 395.0455. Systemwide Land Use Assumptions
(a) In lieu of adopting land use assumptions for each service area, a political subdivision may, except for
storm water, drainage, flood control, and roadway facilities, adopt systemwide land use assumptions,
which cover all of the area subject to the jurisdiction of the political subdivision for the purpose of
imposing impact fees under this chapter.
(b) Prior to adopting systemwide land use assumptions, a political subdivision shall follow the public
notice, hearing, and other requirements for adopting land use assumptions.
(c) After adoption of systemwide land use assumptions, a political subdivision is not required to adopt
additional land use assumptions for a service area for water supply, treatment, and distribution facilities
or wastewater collection and treatment facilities as a prerequisite to the adoption of a capital
improvements plan or impact fee, provided the capital improvements plan and impact fee are consistent
with the systemwide land use assumptions.
Added by Acts 1989, 71st Leg., ch. 566, § 1(b), eff. Aug. 28, 1989.
§ 395.047. Hearing on Impact Fee
On adoption of the land use assumptions and capital improvements plan, the governing body shall adopt
an order or resolution setting a public hearing to discuss the imposition of the impact fee. The public
hearing must be held by the governing body of the political subdivision to discuss the proposed
ordinance, order, or resolution imposing an impact fee.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 345, § 5, eff. Sept. 1, 2001.
§ 395.049. Notice of Hearing on Impact Fee
(a) Before the 30th day before the date of the hearing on the imposition of an impact fee, the political
subdivision shall send a notice of the hearing by certified mail to any person who has given written
notice by certified or registered mail to the m unicipal secretary or other designated official of the
political subdivision requesting notice of the hearing within two years preceding the date of adoption of
the order or resolution setting the public hearing.
(b) The political subdivision shall publish notice of the hearing before the 30th day before the date set
for the hearing, in one or more newspapers of general circulation in each county in which the political
subdivision lies. However, a river authority that is authorized elsewhere by state law t o charge fees that
function as impact fees may publish the required newspaper notice only in each county in which the
service area lies.
(c) The notice must contain the following:
(1) a headline to read as follows:
"NOTICE OF PUBLIC HEARING ON ADOPTION OF IMPACT FEES"
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(2) the time, date, and location of the hearing;
(3) a statement that the purpose of the hearing is to consider the adoption of an impact fee;
(4) the amount of the proposed impact fee per service unit; and
(5) a statement that any member of the public has the right to appear at the hearing and present evidence
for or against the plan and proposed fee.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 345, § 5, eff. Sept. 1, 2001.
§ 395.050. Advisory Committee Comments on Impact Fees
The advisory committee created under Section 395.058 shall file its written comments on the proposed
impact fees before the fifth business day before the date of the public hearing on the imposition of the
fees.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 345, § 5, eff. Sept. 1, 2001.
§ 395.051. Approval of Impact Fee Required
(a) The political subdivision, within 30 days after the date of the public hearing on the imposition of an
impact fee, shall approve or disapprove the imposition of an impact fee.
(b) An ordinance, order, or resolution approving the imposition of an impact fee may not be adopted as
an emergency measure.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 345, § 5, eff. Sept. 1, 2001.
§ 395.052. Periodic Update of Land Use Assumptions and Capital Improvements Plan Required
(a) A political subdivision imposing an impact fee shall update the land use assumptions and capital
improvements plan at least every five years. The initial five-year period begins on the day the capital
improvements plan is adopted.
(b) The political subdivision shall review and evaluate its current land use assumptions and shall cause
an update of the capital improvements plan to be prepared in accordance with Subchapter B.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 345, § 6, eff. Sept. 1, 2001.
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§ 395.053. Hearing on Updated Land Use Assumptions and Capital Improvements Plan
The governing body of the political subdivision shall, within 60 days after the date it receives the update
of the land use assumptions and the capital improvements plan, adopt an order setting a public hearing to
discuss and review the update and shall determine whether to amend the plan.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.054. Hearing on Amendments to Land Use Assumptions , Capital Improvements Plan, or
Impact Fee
A public hearing must be held by the governing body of the political subdivision to discuss the proposed
ordinance, order, or resolution amending land use assumptions, the capital improvements plan, or the
impact fee. On or before the date of the first publication of the notice of the hearing on the amendments,
the land use assumptions and the capital improvements plan, including the amount of any proposed
amended impact fee per service unit, shall be made available to the public.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.055. Notice of Hearing on Amendments to Land Use Assumptions, Capital Improvements
Plan, or Impact Fee
(a) The notice and hearing procedures prescribed by Sections 395.044(a) and (b) apply to a hearing on
the amendment of land use assumptions, a capital improvements plan, or an impact fee.
(b) The notice of a hearing under this section must contain the following:
(1) a headline to read as follows:
"NOTICE OF PUBLIC HEARING ON AMENDMENT OF IMPACT FEES"
(2) the time, date, and location of the hearing;
(3) a statement that the purpose of the hearing is to consider the amendment of land use assumptions and
a capital improvements plan and the imposition of an impact fee; and
(4) a statement that any member of the public has the right to appear at the hearing and present evidence
for or against the update.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 345, § 7, eff. Sept. 1, 2001.
15
§ 395.056. Advisory Committee Comments on Amendments
The advisory committee created under Section 395.058 shall file its written comments on the proposed
amendments to the land use assumptions, capital improvements plan, and impact fee before the fifth
business day before the date of the public hearing on the amendments.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.057. Approval of Amendments Required
(a) The political subdivision, within 30 days after the date of the public hearing on the amendments,
shall approve or disapprove the amendments of the land use assumptions and the capital improvements
plan and modification of an impact fee.
(b) An ordinance, order, or resolution approving the amendments to the land use assumptions, the capital
improvements plan, and imposition of an impact fee may not be adopted as an emergency measure.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.0575. Determination That No Update of Land Use Assumptions, Capital Improvements Plan
or Impact Fees is Needed
(a) If, at the time an update under Section 395.052 is required, the governing body determines that no
change to the land use assumptions, capital improvements plan, or impact fee is needed, it may, as an
alternative to the updating requirements of Sections 395.052-395.057, do the following:
(1) The governing body of the political subdivision shall, upon determining that an update is
unnecessary and 60 days before publishing the final notice under this section, send notice of its
determination not to update the land use assumptions, capital improvements plan, and impact fee by
certified mail to any person who has, within two years preceding the date that the final notice of this
matter is to be published, give written notice by certified or registered mail to the municipal secretary or
other designated official of the political subdivision requesting notice of hearings related to impact fees.
The notice must contain the information in Subsections (b)(2)-(5).
(2) The political subdivision shall publish notice of its determination once a week for three consecutive
weeks in one or more newspapers with general circulation in each county in which the political
subdivision lies. However, a river authority that is authorized elsewhere by state law to charge fees that
function as impact fees may publish the required newspaper notice only in each county in which the
service area lies. The notice of public hearing may not be in the part of the paper in which legal notices
and classified ads appear and may not be smaller than one-quarter page of a standard-size or tabloid-size
newspaper, and the headline on the notice must be in 18-point or larger type.
16
(b) The notice must contain the following:
(1) a headline to read as follows:
"NOTICE OF DETERMINATION NOT TO UPDATE
LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS
PLAN, OR IMPACT FEES";
(2) a statement that the governing body of the political subdivision has determined that no change to the
land use assumptions, capital improvements plan, or impact fee is necessary;
(3) an easily understandable description and a map of the service area in which the updating has been
determined to be unnecessary;
(4) a statement that if, within a specified date, which date shall be at least 60 days after publication of
the first notice, a person makes a written request to the designated official of the political subdivision
requesting that the land use assumptions, capital improvements plan, or impact fee be updated, the
governing body must comply with the request by following the requirements of Sections 395.052-
395.057; and
(5) a statement identifying the name and mailing address of the official of the political subdivision to
whom a request for an update should be sent.
(c) The advisory committee shall file its written comments on the need for updating the land use
assumptions, capital improvements plans, and impact fee before the fifth business day before the earliest
notice of the government's decision that no update is necessary is mailed or published.
(d) If, by the date specified in Subsection (b)(4), a person requests in writing that the land use
assumptions, capital improvements plan, or impact fee be updated, the governing body shall cause an
update of the land use assumptions and capital improvements plan to be prepared in accordance with
Sections 395.052-395.057.
(e) An ordinance, order, or resolution determining the need for updating land use assumptions, a capital
improvements plan, or an impact fee may not be adopted as an emergency measure.
Added by Acts 1989, 71st Leg., ch. 566, § 1(d), eff. Aug. 28, 1989.
§ 395.058. Advisory Committee
(a) On or before the date on which the order, ordinance, or resolution is adopted under Section 395.042,
the political subdivision shall appoint a capital improvements advisory committee.
(b) The advisory committee is composed of not less than five members who shall be appointed by a
majority vote of the governing body of the political subdivision. Not less than 40 percent of the
membership of the advisory committee must be representatives of the real estate, development, or
building industries who are not employees or officials of a political subdivision or governmental entity.
17
If the political subdivision has a planning and zoning commission, the commission may act as the
advisory committee if the commission includes at least one representative of the real estate,
development, or building industry who is not an employee or official of a political subdivisio n or
governmental entity. If no such representative is a member of the planning and zoning commission, the
commission may still act as the advisory committee if at least one such representative is appointed by
the political subdivision as an ad hoc voting member of the planning and zoning commission when it
acts as the advisory committee. If the impact fee is to be applied in the extraterritorial jurisdiction of the
political subdivision, the membership must include a representative from that area.
(c) The advisory committee serves in an advisory capacity and is established to:
(1) advise and assist the political subdivision in adopting land use assumptions;
(2) review the capital improvements plan and file written comments;
(3) monitor and evaluate implementation of the capital improvements plan;
(4) file semiannual reports with respect to the progress of the capital improvements plan and report to
the political subdivision any perceived inequities in implementing the plan or imposing the impact fee;
and
(5) advise the political subdivision of the need to update or revise the land use assumptions, capital
improvements plan, and impact fee.
(d) The political subdivision shall make available to the advisory committee any professional reports
with respect to developing and implementing the capital improvements plan.
(e) The governing body of the political subdivision shall adopt procedural rules for the advisory
committee to follow in carrying out its duties.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
SUBCHAPTER D. OTHER PROVISIONS
§ 395.071. Duties to be Performed Within Time Limits
If the governing body of the political subdivision does not perform a duty imposed under this chapter
within the prescribed period, a person who has paid an impact fee or an owner of land on which an
impact fee has been paid has the right to present a written request to the governing body of the political
subdivision stating the nature of the unperformed duty and requesting that it be performed withi n 60
days after the date of the request. If the governing body of the political subdivision finds that the duty is
required under this chapter and is late in being performed, it shall cause the duty to commence within 60
days after the date of the request and continue until completion.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
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§ 395.072. Records of Hearings
A record must be made of any public hearing provided for by this chapter. The record shall be
maintained and be made available for public inspection by the political subdivision for at least 10 years
after the date of the hearing.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.073. Cumulative Effect of State and Local Restrictions
Any state or local restrictions that apply to the imposition of an impact fee in a political subdivision
where an impact fee is proposed are cumulative with the restrictions in this chapter.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.074. Prior Impact Fees Replaced by Fees Under This Chapter
An impact fee that is in place on June 20, 1987, must be replaced by an impact fee made under this
chapter on or before June 20, 1990. However, any political subdivision having an impact fee that has not
been replaced under this chapter on or before June 20, 1988, is liable to any party who, after June 20,
1988, pays an impact fee that exceeds the maximum permitted under Subchapter B by more than 10
percent for an amount equal to two times the difference between the maximum impact fee allowed and
the actual impact fee imposed, plus reasonable attorney's fees and court costs.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.075. No Effect on Taxes or Other Charges
This chapter does not prohibit, affect, or regulate any tax, fee, charge, or assessment specifically
authorized by state law.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.076. Moratorium on Development Prohibited
A moratorium may not be placed on new development for the purpose of awaiting the completion of all
or any part of the process necessary to develop, adopt, or update land use assumptions, a capital
improvements plan, or an impact fee.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 441, § 2, eff. Sept. 1, 2001.
§ 395.077. Appeals
(a) A person who has exhausted all administrative remedies within the political subdivision and who is
aggrieved by a final decision is entitled to trial de novo under this chapter.
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(b) A suit to contest an impact fee must be filed within 90 days after the date of adoption of the
ordinance, order, or resolution establishing the impact fee.
(c) Except for roadway facilities, a person who has paid an impact fee or an owner of property on which
an impact fee has been paid is entitled to specific performance of the services by the political
subdivision for which the fee was paid.
(d) This section does not require construction of a specific facility to provide the services.
(e) Any suit must be filed in the county in which the major part of the land area of the political
subdivision is located. A successful litigant shall be entitled to recover reasonable attorney's fees and
court costs.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.078. Substantial Compliance With Notice Requirements
An impact fee may not be held invalid because the public notice requirements were not complied with if
compliance was substantial and in good faith.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
§ 395.079. Impact Fee for Storm Water, Drainage, and Flood Control in Populous County
(a) Any county that has a population of 3.3 million or more or that borders a county with a p opulation of
3.3 million or more, and any district or authority created under Article XVI, Section 59, of the Texas
Constitution within any such county that is authorized to provide storm water, drainage, and flood
control facilities, is authorized to impose impact fees to provide storm water, drainage, and flood control
improvements necessary to accommodate new development.
(b) The imposition of impact fees authorized by Subsection (a) is exempt from the requirements of
Sections 395.025, 395.052-395.057, and 395.074 unless the political subdivision proposes to increase
the impact fee.
(c) Any political subdivision described by Subsection (a) is authorized to pledge or otherwise
contractually obligate all or part of the impact fees to the payment of principal and interest on bonds,
notes, or other obligations issued or incurred by or on behalf of the political subdivision and to the
payment of any other contractual obligations.
(d) An impact fee adopted by a political subdivision under Subsection (a) may not be reduced if:
(1) the political subdivision has pledged or otherwise contractually obligated all or part of the impact
fees to the payment of principal and interest on bonds, notes, or other obligations issued by or on behalf
of the political subdivision; and
(2) the political subdivision agrees in the pledge or contract not to reduce the impact fees during the term
of the bonds, notes, or other contractual obligations.
20
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989.
Amended by Acts 2001, 77th Leg., ch. 669, § 107, eff. Sept. 1, 2001.
§ 395.080. Chapter Not Applicable to Certain Water-Related Special Districts
(a) This chapter does not apply to impact fees, charges, fees, assessments, or contributions:
(1) paid by or charged to a district created under Article XVI, Section 59, of the Texas Constitution to
another district created under that constitutional provision if both districts are required by law to obtain
approval of their bonds by the Texas Natural Resource Conservation Commission; or
(2) charged by an entity if the impact fees, charges, fees, assessments, or contributions are approved by
the Texas Natural Resource Conservation Commission.
(b) Any district created under Article XVI, Section 59, or Article III, Section 52, of the Texas
Constitution may petition the Texas Natural Resource Conservation Commission for approval of any
proposed impact fees, charges, fees, assessments, or contributions. The commission shall adopt rules for
reviewing the petition and may charge the petitioner fees adequate to cover the cost of processing and
considering the petition. The rules shall require notice substantially the same as that required by this
chapter for the adoption of impact fees and shall afford opportunity for all affected parties to participate.
Added by Acts 1989, 71st Leg., ch. 1, § 82(a), eff. Aug. 28, 1989. Amended by Acts 1995, 74th Leg.,
ch. 76, § 11.257, eff. Sept. 1, 1995.
§ 395.081. Fees for Adjoining Landowners in Certain Municipalities
(a) This section applies only to a municipality with a population of 105,000 or less that constitutes more
than three-fourths of the population of the county in which the majority of the area of the municipality is
located.
(b) A municipality that has not adopted an impact fee under this chapter that is constructing a capital
improvement, including 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.
21
(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, § 1, eff. June 19, 1997.
§ 395.082. Certification of Compliance Required
(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, § 8, eff. Sept. 1, 2001.
2023 Water and Wastewater Impact Fee Update
City of Pearland
APPENDIX B
Water Impact Fee Eligible CIP
Planning Level Opinions of Probable Construction Costs (OPCCs)
for Proposed Projects
Water CIP - Opinion of Probable Construction Cost*
CIP Project Number:1 1 10 Year CIP (by 2033)
ITEM QUANTITY UNIT UNIT PRICE TOTAL
1 0 EA -$ -$
2 0 EA -$ -$
3 1 EA 277,500$ 277,500$
4 1 EA 1,850,000$ 1,850,000$
5 0 EA -$ -$
6 1 EA 370,000$ 370,000$
2,497,500$
February 22, 2023
City of Pearland
*Planning Level Cost in 2023 Dollars
Phase:
Project Name:Cullen Ground Storage Tank Replacement
Project Description:
The project is replacing the existing 500,000 gallon bolted galvanized storage tank with a one million gallon prestressed
concrete tank. Add a water mixer to this structure to circulate water and eliminate thermal stratification.
Project Drivers:
This ground storagae tank (GST) was built in the early 2000's, the annual Texas Commission on Environmental Quality
(TCEQ) tank inspection reports shows leakage of the tank around the bolts and gaskets and with the panels. The tank is
showing signs of failure due to the galvanize coating failing causing leaks from other areas. Galvanized tanks are
inexpensive and only last 15-20 years and must be fully replaced.
Design/Surveying (WA2403)
Construction (WA2403)
Equipment and Furniture (WA2403)
Contingency (WA2403)
Opinion of Probable Construction Cost
DESCRIPTION
Prelim. Engineering Report (WA2403)
Land/Right of Way (WA2403)
Estimated Project Total:
Phase:
Water CIP - Opinion of Probable Construction Cost*February 22, 2023
City of Pearland
*Planning Level Cost in 2023 Dollars
Phase:CIP Project Number:2 2 10 Year CIP (by 2033)
ITEM QUANTITY UNIT UNIT PRICE TOTAL
1 0 EA -$ -$
2 0 EA -$ -$
3 1 EA 7,832,811$ 7,832,811$
4 1 EA 52,218,743$ 52,218,743$
5 0 EA -$ -$
6 1 EA 10,443,749$ 10,443,749$
70,495,400$
Phase:
Project Name:Surface Water Treatment Plant - Forebay Storage Facility (Phase 2a)
Project Description:
The City is constructing a 10 millions of gallons per day (MGD) surface water treatment plant to serve the City with
drinking water in 2023. The Surface Water Treatment Plant (SWTP) currently does not have a large water reservoir
(Forebay) that can store raw water for when the cannel is out of service. The project would be to construct an earthen
reservoir to store raw water from the Gulf Coast Water Authority's (GCWA) canal. The project would include pipping from
the canal to the Forebay, construction of the Forebay, clay liner, and a pump station and piping back to the SWTP. The
City’s water model indicates that under current demands should the SWTP be down the existing groundwater system can
supply current demands. Future year (2030 model) indicates the need for the SWTP and wells to meet the system
demands. A Forebay will be required to have raw water available for canal shutdowns.
Project Drivers:
The SWTP does not have a water reservoir to have several days of raw water storage to send for treatment and then to
the drinking water system. The City is currently relying on the GCWA canal to be full of water. When the canal is down for
maintenance the SWTP will be out of service and the City will need to rely on the ground water wells and the City of
Houston (COH) connections. Staff has conducted a feasibility study to review sites around the SWTP and include the
option of a Tank farm. The study recommended the construction of an earthen Forebay be constructed to have raw
water available when the canal is off line to meet system demands.
Design/Surveying (WA2605)
Construction (WA2605)
Equipment and Furniture (WA2605)
Contingency (WA2605)
Opinion of Probable Construction Cost
DESCRIPTION
Prelim. Engineering Report (WA2605)
Land/Right of Way (WA2605)
Estimated Project Total:
Inflated 2018 Forebay Storage Facility OPCC to 2023 dollars
Water CIP - Opinion of Probable Construction Cost*February 22, 2023
City of Pearland
*Planning Level Cost in 2023 Dollars
Phase:CIP Project Number:3 3 10 Year CIP (by 2033)
ITEM QUANTITY UNIT UNIT PRICE TOTAL
1 0 EA -$ -$
2 1 EA 800,000$ 800,000$
3 1 EA 240,570$ 240,570$
4 1 EA 1,603,800$ 1,603,800$
5 0 EA -$ -$
6 1 EA 320,760$ 320,760$
2,965,200$
Phase:
Project Name:Hughes Ranch Road East 12" Water Line Phase II
Project Description:
Installation of approximately 6,800 LF of a water line, extending along Hughes Ranch Road from Cullen Parkway to Black
Forest Way. Included within this project is the installation of a water line along Hawk Meadows and Lee Rd. This water
line extension will be part of the service to currently unwatered areas and also loop the waterline at Hickory Slough
Sportsplex.
The water line extension will tie the dead-end water line at Hickory Slough Sportsplex entrance into the distribution line
on Cullen Parkway. This line will also provide the ability to service unserved residents within the City limits.
Project Drivers:
Design/Surveying (WA2702)
Construction (WA2702)
Equipment and Furniture (WA2702)
Contingency (WA2702)
Opinion of Probable Construction Cost
DESCRIPTION
Prelim. Engineering Report (WA2702)
Land/Right of Way (WA2702)
Estimated Project Total:
2023 Water and Wastewater Impact Fee Update
City of Pearland
APPENDIX C
Wastewater Impact Fee Eligible CIP
Planning Level Opinions of Probable Construction Costs (OPCCs)
for Proposed Projects
CIP Project Number:1 1 10 Year CIP (by 2033)
ITEM QUANTITY UNIT UNIT PRICE TOTAL
1 1 EA -$ -$
2 1 EA -$ -$
3 1 EA 1,157,550$ 1,157,550$
4 1 EA 7,717,000$ 7,717,000$
5 1 EA -$ -$
6 1 EA 1,543,400$ 1,543,400$
10,418,000$
Wastewater CIP - Opinion of Probable Construction Cost* February 22, 2023
City of Pearland
*Planning Level Cost in 2023 Dollars
Phase:
Project Name:Replacement 18/24/36/42-inch Plum Street and Barry Rose Road Gravity Lines
Project Description:
This project includes the construction of replacement gravity lines along Plum Street and Barry Rose Road. This project is sized to
serve the model predicted buildout (2042) peak wet weather flow. The 18 and 24-inch Plum Street lines are sized to convey
approx. 4.1 MGD. The 36 and 42-inch Barry Rose Road line is sized to convey approx. 9.9 MGD.
Project Drivers:
The calibrated hydraulic wastewater model indicated model-predicted surcharging in these gravity lines under the 2-year 24-
hour design storm conditions. This signifies a lack of capacity to convey peak wet weather wastewater flows. This project will
help the City maintain regulatory compliance regarding the prevention of surcharging and sanitary sewer overflows in a gravity
sewer system (TCEQ §217.53).
Design/Surveying (WW2401)
Construction (WW2401)
Equipment and Furniture (WW2401)
Contingency (WW2401)
Opinion of Probable Construction Cost
DESCRIPTION
Prelim. Engineering Report (WW2401)
Land/Right of Way (WW2401)
Estimated Project Total:
Phase:
Wastewater CIP - Opinion of Probable Construction Cost* February 22, 2023
City of Pearland
*Planning Level Cost in 2023 Dollars
Phase:CIP Project Number:2 2 10 Year CIP (by 2033)
ITEM QUANTITY UNIT UNIT PRICE TOTAL
1 1 EA -$ -$
2 1 EA 50,000$ 50,000$
3 1 EA 1,661,400$ 1,661,400$
4 1 EA 11,076,000$ 11,076,000$
5 1 EA -$ -$
6 1 EA 2,215,200$ 2,215,200$
15,002,600$
Phase:
Project Name:Southdown Diversion Sewer Infrastructure
Project Description:
This project includes the construction of a diversion lift station with a firm capacity of 8.2 MGD. This project also includes
approximately 12,500 feet of 20-inch force main and a 27-inch gravity line between the existing Southdown WRF and the
proposed diversion lift station. The existing Southdown WRF and Lake Park Lift Station are proposed to be decommissioned and
all flow will be sent to the diversion lift station. This project is sized to serve the model predicted buildout (2042) peak wet
weather flow. The 27-inch gravity line is sized to convey a peak wet weather flow of 4.7 MGD.
Project Drivers:
This project is part of the City's plan to consolidate wastewater treatment at three Water Reclamation Facilities (WRFs):
Reflection Bay, JHEC, and Barry Rose. This project will send all wastewater flow generated in the Southdown service area
(between State Highway 288 and Garden Road) to the Reflection Bay WRF.
Design/Surveying (WW2508)
Construction (WW2508)
Equipment and Furniture (WW2508)
Contingency (WW2508)
Opinion of Probable Construction Cost
DESCRIPTION
Prelim. Engineering Report (WW2508)
Land/Right of Way (WW2508)
Estimated Project Total:
Wastewater CIP - Opinion of Probable Construction Cost* February 22, 2023
City of Pearland
*Planning Level Cost in 2023 Dollars
Phase:CIP Project Number:3 3 10 Year CIP (by 2033)
ITEM QUANTITY UNIT UNIT PRICE TOTAL
1 1 EA -$ -$
2 1 EA 200,000$ 200,000$
3 1 EA 405,300$ 405,300$
4 1 EA 2,702,000$ 2,702,000$
5 1 EA -$ -$
6 1 EA 540,400$ 540,400$
3,847,700$
Phase:
Project Name:New Cullen Road 18-inch Gravity Line
Project Description:
This project includes the construction of a new 18-inch gravity line along Cullen Road from Hughes Ranch Road to McHard Road.
This project is sized to serve the model predicted buildout (2042) peak wet weather flow. The 18-inch line is sized to convey
approx. 1.3 MGD.
Project Drivers:
This project will connect the under construction 12-inch Hughes Ranch Road gravity line to the recently constructed McHard
Road gravity sewer line, allowing for the consolidation of the Crystal Lakes North Lift Station. This project will also allow the City
to expand wastewater services to existing septic users and projected future development.
Design/Surveying (WW2403)
Construction (WW2403)
Equipment and Furniture (WW2403)
Contingency (WW2403)
Opinion of Probable Construction Cost
DESCRIPTION
Prelim. Engineering Report (WW2403)
Land/Right of Way (WW2403)
Estimated Project Total:
Wastewater CIP - Opinion of Probable Construction Cost* February 22, 2023
City of Pearland
*Planning Level Cost in 2023 Dollars
Phase:CIP Project Number:4 4 10 Year CIP (by 2033)
ITEM QUANTITY UNIT UNIT PRICE TOTAL
1 1 EA -$ -$
2 1 EA -$ -$
3 1 EA 264,450$ 264,450$
4 1 EA 1,763,000$ 1,763,000$
5 1 EA -$ -$
6 1 EA 352,600$ 352,600$
2,380,100$
Phase:
Project Name:Cullen Pumping Capacity Expansion
Project Description:
This project includes an electrical system upgrade and the expansion of lift station firm pumping capacity to 4.0 MGD. This
project does not include expansion of the lift station wet well.
Project Drivers:
The wastewater flow projections in the Cullen Lift Station Service Area show the need for additional capacity to serve the
projected buildout flows in the area. The calculated wet well capacities indicate that the current lift station wet well is sized
adequately for the proposed firm capacity.
Design/Surveying (Project 4)
Construction (Project 4)
Equipment and Furniture (Project 4)
Contingency (Project 4)
Opinion of Probable Construction Cost
DESCRIPTION
Prelim. Engineering Report (Project 4)
Land/Right of Way (Project 4)
Estimated Project Total:
17
1
May
April 19
1
23
Ordinance 1625
23
(8) As required by Section 1251.052, Texas Government Code, this VoterInformation Document has been prepared for the proposition set forth in thisVoter Information Document (the “Proposition”), which is being submitted to vot-ers pursuant to a Resolution calling a Bond Election to be held within the City ofPearland, Texas; making provisions for the conduct and the giving of notice of theBond Election; and containing other provisions related thereto (the “ElectionResolution”). In addition to the Proposition, one or more other propositions willbe submitted to voters pursuant to the Election Resolution (collectively, theProposition and the other proposition(s) being referred to herein as the“Propositions”). The estimated maximum annual increase in the amount of taxesthat would be imposed on a residence homestead in the City with an appraisedvalue of $100,000 to repay the debt obligations to be authorized pursuant to thePropositions, if all Propositions are approved, based upon the assumptions madeby the governing body of the City in each of the respective voter information doc-uments prepared for each of the Propositions, is $9.75.
(9) Numbers in (1) above only include the Proposition described above and exist-ing debt. Please see the Voter Information Documents for the other Proposition(s)for its/their respective details.
The estimates contained in this Voter Information Document are (i) based on cer-tain assumptions (including the major assumptions listed above and assumptionsconcerning prevailing market and economic conditions at the time(s) of issuanceof the bonds) and derived from projections obtained from the City’s financial advi-sor, (ii) subject to change to the extent that actual facts, circumstances and con-ditions prevailing at the time that the bonds are issued differ from such assump-tions and projections, (iii) provided solely in satisfaction of the requirements ofSection 1251.052, Texas Government Code, and for no other purpose, withoutany assurance that such projections will be realized, and (iv) not intended to (andexpressly do not) give rise to a contract with voters or limit the authority of the Cityto issue bonds in accordance with the Propositions submitted by the City’sElection Resolution.
CITY OF PEARLAND, TEXAS - PROPOSITION B
[]FOR
[]AGAINST
Major assumptions for statements above, including statement 7:
(1) Assumed amortization of the City’s debt obligations, including outstandingdebt obligations and the proposed debt obligations:
(2) Assumed changes in estimated future appraised values within the City: netadjusted taxable assessed valuation is expected to grow approximately 5.00% infiscal year 2023-24, 4.00% in fiscal year 2024-25; 3.00% in in fiscal year 2025-26, 2.50% in in fiscal year 2026-27; 2.00% fiscal year 2027-28, 1.00% in fiscalyear 2028-29 and no growth thereafter.
(3) Assumed interest rate on the debt obligations to be issued: 4.75% for theBonds issued in 2024 and 5.00% for the Bonds issued in 2025 - 2028.
(4) Assumes that the City will grant a 2.5% optional homestead, but will not grantany other property tax exemptions.
(5) Assumes homestead will not qualify for idiosyncratic exemptions, including,but not limited to, the state-mandated homestead exemption for disabled veter-ans and their families, surviving spouses of members of the armed services killedin action and surviving spouses of first responders killed or fatally wounded in theline of duty.
(6) Assumes that applicable law will not change to provide for mandatory proper-ty tax exemptions or property tax freezes that are not available under current law.
(7) Assumes municipal bond insurance will not be obtained for the proposed debtobligations.
(8) As required by Section 1251.052, Texas Government Code, this VoterInformation Document has been prepared for the proposition set forth in thisVoter Information Document (the “Proposition”), which is being submitted to vot-ers pursuant to a Resolution calling a Bond Election to be held within the City ofPearland, Texas; making provisions for the conduct and the giving of notice of theBond Election; and containing other provisions related thereto (the “ElectionResolution”). In addition to the Proposition, one or more other propositions willbe submitted to voters pursuant to the Election Resolution (collectively,theProposition and the other proposition(s) being referred to herein as the“Propositions”). The estimated maximum annual increase in the amount of taxesthat would be imposed on a residence homestead in the City with an appraisedvalue of $100,000 to repay the debt obligations to be authorized pursuant to the
Propositions, if all Propositions are approved, based upon the assumptions madeby the governing body of the City in each of the respective voter information doc-uments prepared for each of the Propositions, is $9.75.
(9) Numbers in (1) above only include the Proposition described above and exist-ing debt. Please see the Voter Information Documents for the other Proposition(s)for its/their respective details.
The estimates contained in this Voter Information Document are (i) based on cer-tain assumptions (including the major assumptions listed above and assumptionsconcerning prevailing market and economic conditions at the time(s) of issuanceof the bonds) and derived from projections obtained from the City’s financial advi-sor, (ii) subject to change to the extent that actual facts, circumstances and con-ditions prevailing at the time that the bonds are issued differ from such assump-tions and projections, (iii) provided solely in satisfaction of the requirements ofSection 1251.052, Texas Government Code, and for no other purpose, withoutany assurance that such projections will be realized, and (iv) not intended to (andexpressly do not) give rise to a contract with voters or limit the authority of the Cityto issue bonds in accordance with the Propositions submitted by the City’sElection Resolution.
CITY OF PEARLAND, TEXAS - PROPOSITION C
[]FOR
[]AGAINST
Major assumptions for statements above, including statement 7:
(1) Assumed amortization of the City’s debt obligations, including outstandingdebt obligations and the proposed debt obligations:
(2) Assumed changes in estimated future appraised values within the City: netadjusted taxable assessed valuation is expected to grow approximately 5.00% infiscal year 2023-24, 4.00% in fiscal year 2024-25; 3.00% in in fiscal year 2025-26, 2.50% in in fiscal year 2026-27; 2.00% fiscal year 2027-28, 1.00% in fiscalyear 2028-29 and no growth thereafter.
(3) Assumed interest rate on the debt obligations to be issued: 4.75% for theBonds issued in 2024 and 5.00% for the Bonds issued in 2025 - 2028.
(4) Assumes that the City will grant a 2.5% optional homestead, but will not grantany other property tax exemptions.
(5) Assumes homestead will not qualify for idiosyncratic exemptions, including,but not limited to, the state-mandated homestead exemption for disabled veter-ans and their families, surviving spouses of members of the armed services killedin action and surviving spouses of first responders killed or fatally wounded in theline of duty.
(6) Assumes that applicable law will not change to provide for mandatory proper-ty tax exemptions or property tax freezes that are not available under current law.
(7) Assumes municipal bond insurance will not be obtained for the proposed debtobligations.
(8) As required by Section 1251.052, Texas Government Code, this VoterInformation Document has been prepared for the proposition set forth in thisVoter Information Document (the “Proposition”), which is being submitted to vot-ers pursuant to a Resolution calling a Bond Election to be held within the City ofPearland, Texas; making provisions for the conduct and the giving of notice of theBond Election; and containing other provisions related thereto (the “ElectionResolution”). In addition to the Proposition, one or more other propositions willbe submitted to voters pursuant to the Election Resolution (collectively,theProposition and the other proposition(s) being referred to herein as the“Propositions”). The estimated maximum annual increase in the amount of taxesthat would be imposed on a residence homestead in the City with an appraisedvalue of $100,000 to repay the debt obligations to be authorized pursuant to thePropositions, if all Propositions are approved, based upon the assumptions madeby the governing body of the City in each of the respective voter information doc-uments prepared for each of the Propositions, is $9.75.
(9) Numbers in (1) above only include the Proposition described above and exist-ing debt. Please see the Voter Information Documents for the other Proposition(s)for its/their respective details.
The estimates contained in this Voter Information Document are (i) based on cer-tain assumptions (including the major assumptions listed above and assumptionsconcerning prevailing market and economic conditions at the time(s) of issuanceof the bonds) and derived from projections obtained from the City’s financial advi-
sor, (ii) subject to change to the extent that actual facts, circumstances and con-ditions prevailing at the time that the bonds are issued differ from such assump-tions and projections, (iii) provided solely in satisfaction of the requirements ofSection 1251.052, Texas Government Code, and for no other purpose, withoutany assurance that such projections will be realized, and (iv) not intended to (andexpressly do not) give rise to a contract with voters or limit the authority of the Cityto issue bonds in accordance with the Propositions submitted by the City’sElection Resolution.
CITY OF PEARLAND, TEXAS - PROPOSITION D
[]FOR
[]AGAINST
Major assumptions for statements above, including statement 7:
(1) Assumed amortization of the City’s debt obligations, including outstandingdebt obligations and the proposed debt obligations:
(2) Assumed changes in estimated future appraised values within the City: netadjusted taxable assessed valuation is expected to grow approximately 5.00% infiscal year 2023-24, 4.00% in fiscal year 2024-25; 3.00% in in fiscal year 2025-26, 2.50% in in fiscal year 2026-27; 2.00% fiscal year 2027-28, 1.00% in fiscalyear 2028-29 and no growth thereafter.
(3) Assumed interest rate on the debt obligations to be issued: 5.00% for theBonds issued in 2026 - 2028.
(4) Assumes that the City will grant a 2.5% optional homestead, but will not grantany other property tax exemptions.
(5) Assumes homestead will not qualify for idiosyncratic exemptions, including,but not limited to, the state-mandated homestead exemption for disabled veter-ans and their families, surviving spouses of members of the armed services killedin action and surviving spouses of first responders killed or fatally wounded in theline of duty.
(6) Assumes that applicable law will not change to provide for mandatory proper-ty tax exemptions or property tax freezes that are not available under current law.
(7) Assumes municipal bond insurance will not be obtained for the proposed debtobligations.
(8) As required by Section 1251.052, Texas Government Code, this VoterInformation Document has been prepared for the proposition set forth in thisVoter Information Document (the “Proposition”), which is being submitted to vot-ers pursuant to a Resolution calling a Bond Election to be held within the City ofPearland, Texas; making provisions for the conduct and the giving of notice of theBond Election; and containing other provisions related thereto (the “ElectionResolution”). In addition to the Proposition, one or more other propositions willbe submitted to voters pursuant to the Election Resolution (collectively, theProposition and the other proposition(s) being referred to herein as the“Propositions”). The estimated maximum annual increase in the amount of taxesthat would be imposed on a residence homestead in the City with an appraisedvalue of $100,000 to repay the debt obligations to be authorized pursuant to thePropositions, if all Propositions are approved, based upon the assumptions madeby the governing body of the City in each of the respective voter information doc-uments prepared for each of the Propositions, is $9.75.
(9) Numbers in (1) above only include the Proposition described above and exist-ing debt. Please see the Voter Information Documents for the other Proposition(s)for its/their respective details.
The estimates contained in this Voter Information Document are (i) based on cer-tain assumptions (including the major assumptions listed above and assumptionsconcerning prevailing market and economic conditions at the time(s) of issuanceof the bonds) and derived from projections obtained from the City’s financial advi-sor,(ii) subject to change to the extent that actual facts, circumstances and con-ditions prevailing at the time that the bonds are issued differ from such assump-tions and projections, (iii) provided solely in satisfaction of the requirements ofSection 1251.052, Texas Government Code, and for no other purpose, withoutany assurance that such projections will be realized, and (iv) not intended to (andexpressly do not) give rise to a contract with voters or limit the authority of the Cityto issue bonds in accordance with the Propositions submitted by the City’sElection Resolution.
LEGALS LEGALSPublished April 12 & 19, 2023 LEGALS LEGALS LEGALS LEGALS
THE ISSUANCE OF GENERAL OBLIGATION BONDS INTHE AMOUNT OF $26,146,000 FOR STREET, BRIDGEAND SIDEWALK IMPROVEMENTS IN THE CITY AND ALLMATTERS NECESSARY OR INCIDENT RELATED THERE-TO AND THE IMPOSITION OF TAXES SUFFICIENT TOPAY THE PRINCIPAL OF AND INTEREST ON THE BONDS
THE ISSUANCE OF GENERAL OBLIGATION BONDS INTHE AMOUNT OF $33,705,000 FOR PARK AND RECRE-ATION PURPOSES AND ALL MATTERS NECESSARY ORINCIDENT RELATED THERETO AND THE IMPOSITIONOFTAXES SUFFICIENT TO PAY THE PRINCIPAL OF ANDINTEREST ON THE BONDS.
THE ISSUANCE OF GENERAL OBLIGATION BONDS INTHE AMOUNT OF $15,959,000 FOR CONSTRUCTION,REPAIR AND IMPROVEMENT OF FIRE STATION NO. 7AND ALL MATTERS NECESSARY OR INCIDENT RELAT-ED THERETO AND THE IMPOSITION OF TAXES SUFFI-CIENT TO PAY THE PRINCIPAL OF AND INTEREST ONTHE BONDS.
6 REPORTER NEWS, April 19, 2023
CITY OF PEARLAND, TEXASNOTICE TO BIDDERS
Sealed bids will be received by the City of Pearland Purchasing Division, 3523Liberty Dr., until 2:00 PM on Wednesday May 17, 2023, and all bids will beread aloud via virtual meeting. Interested parties may join meeting by calling:#281-652-1775; Meeting: #1790, Access Code: #0971 on that date for:
ITB 0423-11 Traffic Signal Material
Bid forms, specifications and all necessary information may be obtained fromthe following website: https://pearland.ionwave.net.Vendors are encouragedto return the bid response electronically using the City’s e-bid system, but maysubmit by hard-copy, with either manner due by the closing date and time stat-ed above.
ANon-Mandatory Pre-Bid Conference will be held at Council Chambers locat-ed at 3519 Liberty Drive, Pearland, Texas 77581 at 2:00 PM on Wednesday,May 3,2023.See bid solicitation for virtual link option if preferred.
Vendors should register on the City’s e-bid systemhttps://pearland.ionwave.net.Once registered on the City’s e-bid system, biddocuments may be viewed on the site. If further assistance is needed, pleaseemail ebids@pearlandtx.gov no later than 5:00 PM Monday, May 8, 2023, andrefer to ITB 0423-11. Bid Closing Date: 2:00 PM on Wednesday,May 17,2023.
First Publication:April 19, 2023Second Publication:April 26, 2023
CITY OF PEARLAND, TEXASNOTICE TO BIDDERS
Sealed bids will be received by the City of Pearland Purchasing Division, 3523Liberty Dr., until 2:00 PM on Wednesday,May 24, 2023, and all bids will beread aloud via virtual meeting. Interested parties may join meeting by calling:#281-652-1775; Meeting: #1790, Access Code: #0971 on that date for:
RFP 0423-10 Custodial Services at The City of Pearland Facilities
Bid forms, specifications and all necessary information may be obtained fromthe following website: https://pearland.ionwave.net.Vendors are encouraged toreturn the bid response electronically using the City’s e-bid system, but maysubmit by hard-copy,with either manner due by the closing date and time stat-ed above.
A Non-Mandatory Pre-Bid Conference will be held at Council Chambers locat-ed at 3519 Liberty Drive, Pearland, Texas 77581 at 3:00 PM on Wednesday,May 3, 2023.See bid solicitation for virtual link option if preferred.
Vendors should register on the City’s e-bid systemhttps://pearland.ionwave.net.Once registered on the City’s e-bid system, biddocuments may be viewed on the site. If further assistance is needed, pleaseemail ebids@pearlandtx.gov no later than 5:00 PM Monday, May 15, 2023, andrefer to RFP 0423-10. Bid Closing Date: 2:00 PM on Wednesday,May 14,2023.
First Publication:April 19, 2023Second Publication:April 26, 2023
ORDINANCE NO. 1625
An Ordinance of the City Council of the City of Pearland, Texas, revisingthe Capital Improvements Plan for the City of Pearland; updating impactfees in accordance with State Law; making certain findings; providing apenalty for violation; containing a savings clause, a severability clause andarepealer clause; providing for publication, codification and an effectivedate.
Any person who shall violate the provisions of this section shall be deemedguilty of a misdemeanor and shall, upon conviction by a court of compe-tent jurisdiction, be punished by a fine in any sum not exceeding FiveHundred Dollars ($500.00).
For a full copy of the Ordinance, please contact the Office of the CitySecretary at 281.652.1653.
Frances Aguilar, TRMC, MMCCity SecretaryCity of Pearland, Texas
Huge Living Estate SaleRain/Shine • 8am-4pmApril 20, 21, 223180 CR 145 • Alvin
LEGALS LEGALSPublishedApril 19 &April 26, 2023 LEGALS LEGALSPublishedApril 19 &April 26, 2023 ESTATE SALE ESTATE SALE
LEGALS LEGALSPublishedApril 19, 2023
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