Alexander Ct-CS0710252010) Ken Griffin - Notification of Opinion (Texas Attorney General's Office) GA -0577 Page 1
From: Texas Attorney General <webmaster @oag. state. tx.us>
To: <jwitt @ci.coppell.tx.us>
Date: 10/25/2007 2:48 PM
Subject: Notification of Opinion (Texas Attorney General's Office) GA -0577
Good afternoon:
We issued 1 Attorney General Opinion: GA -0577 (RQ- 0587 -GA)
Opinion No. GA -0577
Go to: http / /www.oag.state.tx.us /opinions /op50abbott/ga- 0577.htm
Re: Assessment and collection of impact fees for land platted after June 20, 1987 (RQ- 0587 -GA)
http
Summary: A municipality's assessment and collection of impact fees are not governed by Local
Government Code section 395.016(b) when the municipality approves and imposes the impact fee dollar
amounts after June 20, 1987.
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2010) Ken Griffin - Re: Fw: Notification of Opinion (Texas Attorney General's Office) GA -0577 Page 1
From: Jim Witt
To: Ken Griffin
Date: 10/25/2007 4:46 PM
Subject: Re: Fw: Notification of Opinion (Texas Attorney General's Office) GA -0577
Ok
- - - -- Original Message---- -
From: Ken Griffin
To: Jim Witt <JWITT @ci.coppell.tx.us>
Sent: 10/25/2007 4:34:34 PM
Subject: Re: Fw: Notification of Opinion (Texas Attorney General's Office) GA -0577
Jim
don't think this opinion applies to us. I think we fall under Section 395.016 (c) not (b). Section (c) is for
impact fees adopted after June 20, 1987. We adopted our first impact fee ordinance on 6/12/1990.
However, we did charge and collect water and sewer pro -rata and roadway assessments prior to
6/12/1990.
guess the attorneys would need to see if any of the opinion applies to us.
ken g
>>> Jim Witt 10/25/2007 2:58 PM >>>
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THE SENATE
OF TEXAS
CAPITOL OFFICE
P.O. BOX 12068
AUSTIN, TEXAS 78711
512/463 -0111
FAX: 512/475 -3727
MIKE. JACKS ONQSENATE. STATE.TX. US
DIAL 711 FOR RELAY CALLS
MIKE JACKSON
April 30, 2007
COMMTTTEES
SUBCOMMITTEE ON AGRICULTURE
AND COASTAL RESOURCES, CHAIR
NATURAL RESOURCES, VICE -CHAIR
STATEAFFAIRS
GOVERNMENT ORGANIZATION
NOMINATIONS
The Honorable Greg Abbott RECEIVED FILE # M- 4 5 21 0 -D4-
Attorney General of the State of Texas MAY O 2 2007 L � 5 2 O
Attn: Nancy Fuller
Opinions Committee OPINION COMMITTEE
P. O. Box 12548
Austin, Texas 78711 R Qam 0 VV 44~ fxA
Re: Assessment and collection of capital recovery fees under Capter 395 of the
Texas Local Government Code
Dear Attorney General Abbott:
I would appreciate an Attorney General's opinion regarding the following discrepancy
our city, the City of League City, has encountered.
On or about January 12, 1984, the City of League City, Texas, a home -rule municipality
(the "City ") adopted an ordinance providing for the assessment and collection of capital
recovery fees for the "construction, design and inspection of General Benefit Facilities
for water and wastewater." The amount of the fee charged has been increased a number
of times since the adoption of the original ordinance through various ordinances
amending the original ordinance. The most recent ordinance was passed in July of 2006.
On or about June 20, 1987, the Texas Legislature adopted. Senate Bill 336 in order to
establish guidelines to make local governments accountable for the assessment and use of
capital recovery fees, or impact fees, and to require that local governments show that the
amount of fees are reasonably related to the costs of providing services to ' new
development and that the funds obtained from impact fees were spent on projects for
which they were raised.
The state law is now codified in Chapter 395 of the Texas Local Government Code.
Section 395.016 entitled "Time for Assessment and Collection of Fee" defines the term
"assessment" and includes various provisions for both the assessment and the collection
of impact fees. The statute appears to distinguish betweei7 four (4) different categories:
(1) fees adopted and land platted before June 20, 1987, (2) fees adopted before June 20,
1987 but land platted after that date, (3) fees adopted and land platted after June 20, 1997
and (4) land on which new development occurs without platting.
LEAGUE CITY DISTRICT OFFICE
201 ENTERPRISE, SUITE #600 -A
PASADENA DISTRICT OFFICE
LEAGUE CITY, TEXAS 77573
1109 FAIRMONT PARKWAY
281/334-0011
PASADENA, TEXAS 77504
FAX: 281/334 -3043 SENATE DISTRICT u
FAX; 713/948 -0004
Page 2
As previously mentioned, the City adopted impact fees before June 20, 1987 and they
have been amended several times since then as required by Chapter 395 (See §§ 395.052,
395.054 through 395.057). The City's first question is whether the assessment and
collection of impact fees for land platted' after June 20, 1987 is controlled by the
provisions of §395.016(b), which subsection applies to impact fees adopted before June
20, 1987 and land platted after that date.
That section states, in part, as follows:
"(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."
The City's second question is as follows: if the assessment and collection of impact fees
for land platted after June 20, 1987 is controlled by the provisions of §395.016(b), then is
the City prohibited from assessing impact fees at a time other than "before or at the time
of recordation" of a subdivision plat?
Your attention in this regard is greatly appreciated. Please do not hesitate to contact
Holly Jeffcoat in my Capitol Office at 463.0111 if you have artyquestions regarding this
matter.
Sincerely,_
Mike Jackson
State Senator
District 11
cc: Mr. Dick Gregg, Jr., City Attorney for the City ofLeagbe City
The Honorable Jerry Shults, Mayor of the City of League City