Texas Local Government Code 399.006 – Establishment of Program
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(a) The governing body of a local government may determine that it is convenient and advantageous to establish a program under this chapter.
(b) An authorized representative of the local government that establishes a program may enter into a written contract with a record owner of real property in a region designated under this chapter to impose an assessment to repay the owner’s financing of a qualified project on the owner’s property. The financing to be repaid through assessments may be provided by a third party or, if authorized by the program, by the local government.
Terms Used In Texas Local Government Code 399.006
- Contract: A legal written agreement that becomes binding when signed.
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the program provides for third-party financing, the authorized representative of the local government that enters into a written contract with a property owner under Subsection (b) must also enter into a written contract with the party that provides financing for a qualified project under the program to service the debt through assessments.
(d) If the program provides for local government financing, the written contract described by Subsection (b) must be a contract to finance the qualified project through assessments.
(e) The financing for which assessments are imposed may include:
(1) the cost of materials and labor necessary for installation or modification of a qualified improvement;
(2) permit fees;
(3) inspection fees;
(4) lender’s fees;
(5) program application and administrative fees;
(6) project development and engineering fees;
(7) third-party review fees, including verification review fees, under Section 399.011; and
(8) any other fees or costs that may be incurred by the property owner incident to the installation, modification, or improvement on a specific or pro rata basis, as determined by the local government.