R2003-0134 09-29-03 RESOLUTION NO. R2003-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, CERTIFYING COMPLIANCE WITH CHAPTER 395 OF THE
LOCAL GOVERNMENT CODE AS IT APPLIES IMPACT FEES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the Certification of Compliance, a copy of which is attached
hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and
approved.
PASSED, APPROVED and ADOPTED this the 29th day of September ,
A.D., 2003.
TOM REID
MAYOR
ATTEST:
Y~NG ,~1~ ¥"G~ ,,~M~'
TY S~ETARYt/
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
September 22, 2003
Office of the Attorney General
P.O. Box 12548
Austin, TX 78711-2548
RE: Chapter 395 Compliance Certification
Pursuant to Section 395.082 of the Local Government Code, please allow this letter to
serve as the City's Certification of Compliance with Chapter 395 of the Local Government as it
applies to the implementation and administration of impact fees.
If you' have any questions or comments regarding the City's certification, please contact
my office at your convenience.
Sincerely,
x om Reid
Mayor
3519 LIBERTY DRIVE · PEARLAND, TEXAS 77581-5416 · 281-652-1600 · www. ci.pearland.tx.us
{Pdnted on Recycled Paper
PLANNING & DEVELOPMENT
Title 12
.h. 345, § 9, eff. Sept. 1, 2001
)ry Notes
ernml's Ann.Civ.St. art. 1269j-4.11, § 3(k).
cts 1989, 71st Leg., ch. 1, § 82(a).
^ing on the imposition of an impact fee,
ring by certified mail to any person who
ail to the municipal secretary or other
;t.ing notice of the hearing within two
r resolution setting the public hearing,
the hearing before the 30th day before
i s of general circulation in each county
•r authority that is authorized elsewhere
es may publish the required newspaper
s.
JPTION OF IMPACT FEES"
s to consider the adoption of an impact
•vice unit; and
s the right to appear at the hearing and
!cl fee.
)01.
Impact Fees
.058 shall file its written comments on
y before the date of the public hearing
)01.
the date of the public hearing on the
n ove the imposition of an impact fee.
imposition of an impact fee may not be
)01.
ch. 345, § 9, eff. Sept. 1, 2001
ry Notes
as derived from Acts 1989, 71st Leg., ch.
1(c).
sumptions and Capital Improve-
sha11 update the land use assumptions
rs. The initial five-year period begins
to its current land use assumptions and
Ian to be prepared in accordance with
PLANNING .& DEVELOPMENT
Title 12
§ 395.055. Notice of Hearing on Amendments to Land Use Assumptions,
Capital Improvements Plan, or Impact Fee
(a) The notice and healing 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
unpact 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 hearnng;
(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.
Amended by Acts 2001, 77th Leg., ch. 345, § 7, eff. Sept. 1, 2001.
SUBCHAPTER D. OTHER PROVISIONS
§ 395.082
§ 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.
Amended by Acts 2001, 77th Leg., ch. 441, § 2, eff. Sept. 1, 2001.
§ 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
population 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, di ainage, and flood control facilities, is authorized to impose impact fees to
provide storm water , drainage, and flood cont of 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 cont actually obligate all 01 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.
Amended by Acts 2001, 77th Leg., ch. 669, § 107, eff. Sept. 1, 2001.
§ 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 clay of the political subdivision's fiscal year
213
§ 395.082 PLANNING & DEVELOPMENT
Title :12
(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 ceitification 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 chai ged. The attorney general shall collect the civil penalty and
deposit the amount collected to the et edit of the housing trust fund.
Added by Acts 2001, 77th Leg., ch. 345, § 8, eff. Sept. 1, 2001.
CHAPTER 396. REDEVELOPMENT AUTHORITIES CREATED
BY MORE THAN ONE POLITICAL SUBDIVISION
SUBCHAPTER A. LUBBOCK REESE
REDEVELOPMENT AUTHORITY
Section
396.001. Definitions.
396.002. Establishment.
396.003. Board.
396.004. Purpose and Nature of Authority.
396.005. Powers of Authority.
396.006. Exemption From Taxation.
396.007. Dissolution.
396.008. Successor.
396.009. Description of Tracts.
396.010. Findings Related to Tracts.
[Sections 396.011 to 396.030 reserved for expan-
sion]
SUBCHAPTER B. WESTWORTH VILLAGE —
WHITE SETTLEMENT REDEVELOPMENT
AUTHORITY
396.031. Definitions.
396.032. Establishment.
Section
396.033. Board.
396.034. Purpose.
396.035. Powers of Authority.
396.036. Exemption From Taxation.
396.037. Competitive Bids.
396.038. Dissolution.
[Sections 396.039 to 396.060 reserved for expan-
sion]
396.061.
396.062.
396.063.
396.064.
396.065.
396.066.
396.067.
396.068.
SUBCHAPTER C. RED RIVER
REDEVELOPMENT
AUTHORITY
Definitions.
Establishment.
Board.
Purpose.
Powers of Authority.
Exemption F'rom Taxation.
Dissolution.
Successor.
SUBCHAPTER A. LUBBOCK REESE REDEVELOPMENT AUTHORITY
§ 396.001. Definitions
In this subchapter:
(1) "Authority" means the Lubbock Reese Redevelopment Authority.
(2) "Base property' means land described by Section 396.009.
(3) "Board" means the boai d of directors of the authority.
(4) "County" means Lubbock County
(5) "Municipality" means the City of Lubbock.
(6) "Eligible project" means a project necessary or incidental to the industrial, commer-
cial, or business development, redevelopment, maintenance, and expansion of new and
existing businesses on the property now or formerly known as Reese Air Force Base
described in Section 396.009, including the acquisition construction, operation, mainte-
nance enhancement, or disposal of'
(A) roads, bridges, and rights -of -way;
(B) housing;
(C) real and personal property;
(D) police, fire, medical cultural, educational, and research services, equipment,
institutions, and resources;
(E) other community support services;
(F) flood control, water, wastewater treatment, and all other utility facilities; and
214
pLANNING & DEV
Title 12
(G) other infra
Added by Acts 1999, 761
ch. 473, § 1, eff. Sept. 1,
1999 Legislation
Section 7(a) and (b) o
473 provides:
"(a) Except as provic
(c) of this section, this
1, 1999.
§ 396.002. Establ
The authority is e
boundaries of the re:
both the municipality
Added by Acts 1999, 761
§ 396.003. Board
(a) The board con:
and control of the au:
(b) The board is cc
(1) seven membt
(2) one member
(3) one member
(c) A vacancy on t
(d) All terms of o
vacancy for an unex
may be appointed to
term
(e) The members
president. The vice
(f) The board sh:
persons to carry out
Added by Acts 1999, 7(
ch. 472, § 1, eff. Sept.
1999 Legislation
Section 3(a) and (b)
472 provides:
"(a) Except as prov
(c) of this section, this
1, 1999.
"(b) Section 1 of thi
Act of the 76th Legish
relating to nonsubstan
tions in enacted codes
Acts 1999, 76th Leg
stantive additions to
codes, took effect Sept
§ 396 004. Purpi
(a) The authority
from the United Sty
•
Young Lorfing
City Secretary
(281) 652-1655
Telecopier (281) 652-1706
October 1, 2003
Office of Attorney General
P.O. Box 12548
Austin, Texas 78711-2548
Dear Attorney General:
VIA USPS CERTIFIED MAIL, RRR
No. 7003 0500 0000 5853 4503
I am enclosing a certified copy of Resolution No. R2003-134 certifying compliance with
Chapter 395 of the Local Government Code as it applies to Impact fees.
Respectfully,
.0
ity
rfing, .i' MC
cretary
Enclosure
cc: Alan Mueller, Deputy City Manager
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 • 281-652-1600 • www.ci.pearland.tx.us
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Office of Attorney General
P.O. Box 12 548
Austin, Texas 78711-2548
PS Form 3800, June 2002
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