Private Acts of 1987 Chapter 120

WHEREAS, the orderly growth patterns within Williamson County are essential to the
welfare of the county and its citizens; and
WHEREAS, tremendous growth in construction of houses, condominiums, apartments,
and businesses is occurring in many areas of the state and the construction of new residences and
businesses and the expansion of existing businesses has created and imposes severe financial
pressure on Williamson County to provide urban type services, such as water, sewage, drainage,
parks and roads; and
WHEREAS, Williamson County in spite of its geographic advantage and its recent entry
into the business of providing urban type services, is not equipped, either fiscally or
administratively, to be responsive to the pace of growth; and
WHEREAS, in order to protect the public health, safety, and general welfare of the
citizens and residents of Williamson County, it is necessary that an additional method of
financing public improvements for urban type services be granted and that Williamson County
be authorized to levy impact fees upon new developments, with the fees collected and earmarked
for the funding of such services necessitated by the new development; now, therefore:
SECTION 1. This chapter shall be known and cited as "Williamson County Construction
Impact Fee Act".
SECTION 2. As used in this Act, unless a different meaning appears from the context:
(a) "Governmental entity" means Williamson County.
(b) "Governing body" means the county legislative governing body of Williamson
County.
(c) "Capital or public improvements" means the construction, reconstruction, building,
replacement, extension, enlargement, or repair of any street, road, alley, sidewalk, gutter, and
other similar improvements; schools; parks and playgrounds; waterworks, water distribution
systems, sewers, sewerage, storm water or drainage system authorized by the governing body;
and includes any one (1) or more or any combination of these public improvements.
(d) "Developer" means the person, corporation, partnership, or other entity responsible
for any new land development.
SECTION 3. It is the intent and purpose of this Act to grant to the governing body of
Williamson County the authority to establish a regulatory procedure or system to collect fees
from the developer of any new land development activity so as to require the developer to share
in the burdens of growth by paying his pro rata share for the reasonably anticipated expansion
cost of public improvements generated by the new land development activity.
SECTION 4. Williamson County may perform or order the construction, reconstruction,
building, replacement, extension, enlargement, or repair of any capital or public improvement
and provide for the payment of the cost of any such public improvements by levying and
collecting an impact fee on new land development.
SECTION 5. When the governing body of Williamson County determines to make any
public improvement authorized by this Act and defray the expense thereof by an impact fee, the
governing body shall adopt a resolution to so declare by stating the nature of the proposed public
improvement. The resolution shall establish the portion of expense thereof to be paid by the
impact fee, the manner in which the impact fee shall be made, and when the impact fees are to be
paid. The governing body shall establish an impact fee formula that requires the developer to
pay an impact fee that does not exceed a pro rata share of the reasonably anticipated cost for the
public improvements created by the new land development activity.
SECTION 6. The governing body shall provide a schedule and method for the payment
of the fees in a manner appropriate to the particular circumstances of the proposed new
development. The resolution may not require the payment of an impact fee before a building
permit is issued. The governing body shall require security ensuring payment of the fees
subsequent to the issuance of a building permit. The security may be in the form of a cash bond,
security bond, an irrevocable letter of credit, or a lien or mortgage on the lands to be covered by
the building permit.
SECTION 7. The fee established in this Act shall be collected at the time of application
for a building permit for development as herein defined or, if a building permit is not required, at
the time of application for a certificate of occupancy by the county or city official duly
authorized in such jurisdiction to issue building permits or certificates of occupancy. If the fee is
collected by the county, the county building official or other responsible official shall receive
payment in full in cash or other negotiable instrument as specified by resolution of the county
and as approved by the county attorney. If the fee is collected by a city, the city shall, before
issuance of the building permit or certificate of occupancy, receive payment in cash or by a
negotiable instrument payable to the county and subject to the approval of the county attorney in
the full amount of the fee due. On the last business day of each week the city shall transfer such
cash and negotiable instruments to the county collector. No building permit for development as
herein defined, or certificate of occupancy if no building permit is required, shall be issued in
Williamson County unless the fee has been paid in full to the county or a negotiable instrument
approved by the county attorney and payable to the county has been received.
SECTION 8. The impact fees collected by Williamson County pursuant to this Act shall
be kept in a separate fund from other revenue of the governmental entity. Funds collected by
impact fees shall be used for the acquisition, expansion, and development of the capital or public
improvements for which they were collected and shall be withdrawn and expended as may be
designated by resolution of the governing body.
SECTION 9. The provisions of this Act shall in no manner repeal, modify, or interfere
with the operation of any general abutting property law or any special or local assessment or
abutting property law enacted for the benefit of Williamson County. This Act shall be deemed to
create an additional and alternative method for Williamson County to collect fees for the purpose
of defraying the costs of capital or public improvements.
SECTION 10. If any word, phrase, sentence, paragraph, or other provision of this Act or
the application thereof to any person or circumstance is held invalid, such invalidity shall not
affect any other word, phrase, paragraph, or other provision or application of this Act which can
be given effect without the invalid provision or application, and to that end the provisions of this
Act are declared to be severable.
SECTION 11. This Act shall have no effect unless it is approved by a two-thirds (2/3)
vote of the county legislative body of Williamson County before October 1, 1987. Its approval
or nonapproval shall be proclaimed by the presiding officer of the county legislative body and
certified by him to the Secretary of State.
SECTION 12. For the purpose of approving or rejecting the provisions of this Act, it
shall be effective upon becoming a law, the public welfare requiring it. For all other purposes, it
shall become effective upon being approved as provided in Section 11.
Passed: May 7, 1987.