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HomeMy WebLinkAboutOrd 865-2020 Amend Code Ch 9, Article 9.02, Div 4, Sec Parks Development FundsCITY OF ANNA, TEXAS ORDINANCE NO, V400�JCoj AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING CHAPTER 9 (PLANNING AND DEVELOPMENT REGULATION), ARTICLE 9.02 (SUBDIVISION REGULATIONS), DIVISION 4 (PUBLIC SITES AND OPEN SPACES), SECTION 9.02.135 (PARK LAND AND PUBLIC FACILITY DEDICATION), SUBSECTION (E) (PARK DEVELOPMENT FUND); PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500, PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (the "City") previously adopted ordinances governing the Parks Development Fund; and WHEREAS, funds from the Parks Development Fund may be used for purposes related to planning and developing parks and recreation facilities and for maintenance equipment; and WHEREAS, the population of Anna has grown at a high rate, and Anna Neighbors have expressed a desire for more recreational offerings and events; and WHEREAS, the Parks Advisory Board has discussed changes to this Ordinance and recommends the Parks Development Fund be allowed to be used for recreational offerings and events; and WHEREAS, the City of Anna, Texas City Council has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend Chapter 9 (Planning and Development Regulations), Article 9.02 (Subdivision Regulations), Division 4 (Public Sites and Open Spaces), Section 9.02.135 (Park Land and Public Facility Dedication), Subsection (e) Park Development Fund of The Anna City Code of Ordinances ("Anna Code") by amending regulations related to the Parks Development Fund; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendment to Chapter 9 (Planning and Development Regulations), Article 9.02 (Subdivision Regulations), Division 4 (Public Sites and Open Spaces), Section 9.02.135 (Park Land and Public Facility Dedication), Subsection (e) Park CITY OF ANNA, TEXAS ORDINANCE NO. �<p�" PAGE 1 Page 126 of 150 Development Fund of the Anna Code. In accordance with Article 1.01 of the Anna Code, the following amendments are made to Chapter 9 (Planning and Development Regulations), Article 9.02 (Subdivision Regulations), Division 4 (Public Sites and Open Spaces), Section 9.02.135 Park Land and Public Facility Dedication), Subsection (e) Park Development Fund: (e) Park development fund (1) All funds collected by this dedication process or collected under subsection (c)(4) above will be deposited into the city's park development fund and used for parks and recreation purposes related to the following: (A) Land acquisition; (B) Capital improvements; (C) Planning, engineering recreation facilities; and design of parks and (D) Construction of new parks and recreation facilities; (E) Rehabilitation and modernization of existing parks and recreation facilities; (F) Maintenance and equipment for new parks and recreation facilities; (G) Maintenance and equipment for existing, and recently rehabilitated and modernized parks and recreation facilities; (H) Long-range planning for land, facilities, recreation and related programs; or (I) Feasibility studies, market studies and economic impact analysis relating to parks and recreation projects and programs; or Creation, planning, management administration, operation, marketing and promotion of events and recreational activities CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 Page 127 of 150 (2) Except as may relate to the creation, planning, management, administration, operation, marketing and promotion of events and recreational activities, amounts deposited into the parks development fund shall not be used for staffing and daily operations. All expenditures from said fund will adhere to the city's procurement policies and practices. Section 3. Penalty. Any violation of any of the terms of this ordinance; whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $500 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 28th day of June 2020. Mayor Nate Pike CITY OF ANNA, TEXAS ORDINANCE NO. ��p�' PAGE 3 Page 128 of 150 ATTESTED LI d 4�Lw; City Secretary Carrie L. Land CITY OF ANNA, TEXAS ORDINANCE NO. �'(P�'" PAGE 4 Page 129 of 150 ..CITY OF ANNA, TEXAS ORDINANCE NO. a�X19 AN ORDNANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART III -A SUBDIVISION REGULATIONS, ARTICLE 4 PUBLIC SITES AND OPEN SPACES, SECTIONS 5.03 (d) AND 5.05; AMENDING PART IV SCHEDULE OF FEES, ARTICLE 4 DEVELOPMENT FEES, SECTION 6 PARKS, SCHOOL SITES, PUBLIC AREAS PERMIT FEES; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (the "City") previously adopted ordinances, rules and regulations governing the Subdivision Regulations and Schedule of Fees; and WHEREAS, the City of Anna, Texas City Council has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend Part III -A Subdivision Regulations, Article 4 Public Sites and Open Spaces, Section 5.03 (d) Dedication of Land and Payment of Park Development Fee, Section 5.05 Park Development Fund, and Part IV Schedule of Fees, Article 4 Development Fees, Section 6 Parks, School Sites, Public Areas Permit Fees of The Anna City Code of Ordinances ("Anna Code") by amending regulations related to park development fees and the park development trust fund; NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Secfiion 2. Amendment fio Part I11 -A, Article 4, Section 5.03(d). In accordance with The Anna City Code of Ordinances ("Anna Code"), the following amendments are made to Part III -A Subdivision Regulations, Article 4, Public Sites and Open Spaces, Section 5.03 (d): 5.03 General Requirement: Dedication of Land and Payment of Park Development Fee (d) Park Development Fee. In Addatien-addition to the required dedication of land, as set forth above, there shall also be a park development fee paid to the City of Anna as a condition of Plat approval. Such park development fee shall be set from time to time by ordinance of the City Council and shall be sufficient to provide for CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 4 Page 130 of 150 the development of amenities and improvements on the dedicated land to meet the standards for a neighborhood park to serve the area in which the Subdivision is Located. Park development fees are found in Part IV (Schedule of Fees) of this Code. Such fee shall be paid at the time of application for a building permit. Section 3. Amendment to Part 111-A, Article 4, Section 5.05. In accordance with the Anna Code the following amendments are made to Part III- A Subdivision Regulations, Article 4 Public Sites and Open Spaces, Dedication of .and and Payment of Park Development Fee, Section 5.05 Park Development Fund. 5.05 Park Development Fund Da* Development F Jnr! All funds collected by this dedication process or collected under Section 5.03(d) will be deposited into the City of Anna's Park Development Trust Fund and used for parks and recreation purposes related to the following: 1) Land acquisition; 2) Capital improvements; 3) Planning, engineering and design of parks and recreation facilities 4) Construction of new parks and recreation facilities; 5) Rehabilitation and modernization of existing parks and recreation facilities; 6) Maintenance and equipment for new parks and recreation facilities: 7) Maintenance and equipment for existing, and recently rehabilitated and modernized parks and recreation facilities; 8) Long-range planning for land, facilities, recreation and related programs; or 9) Feasibility studies, market studies and economic impact anal relating to parks and recreation proiects and programs. Amounts deposited into the Parks Development Trust Fund shall not be used for staffing and daily operations. All expenditures from said fund will adhere to the City's procurement policies and practices. Section 4. Amendment to Part IV, Article 4 Development Fees, Section 6 Parks, School Sites, Public Areas Permit Fees. In accordance with the Anna Code the following amendments are made to Part IV Schedule of Fees, Article 4 Development Fees, Section 6 Parks, School Sites, Public Areas Permit Fees: CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 4 Page 131 of 150 - �- - 0111 NO KW M UMPAT2 AS 5.05 Park Development Fund Da* Development F Jnr! All funds collected by this dedication process or collected under Section 5.03(d) will be deposited into the City of Anna's Park Development Trust Fund and used for parks and recreation purposes related to the following: 1) Land acquisition; 2) Capital improvements; 3) Planning, engineering and design of parks and recreation facilities 4) Construction of new parks and recreation facilities; 5) Rehabilitation and modernization of existing parks and recreation facilities; 6) Maintenance and equipment for new parks and recreation facilities: 7) Maintenance and equipment for existing, and recently rehabilitated and modernized parks and recreation facilities; 8) Long-range planning for land, facilities, recreation and related programs; or 9) Feasibility studies, market studies and economic impact anal relating to parks and recreation proiects and programs. Amounts deposited into the Parks Development Trust Fund shall not be used for staffing and daily operations. All expenditures from said fund will adhere to the City's procurement policies and practices. Section 4. Amendment to Part IV, Article 4 Development Fees, Section 6 Parks, School Sites, Public Areas Permit Fees. In accordance with the Anna Code the following amendments are made to Part IV Schedule of Fees, Article 4 Development Fees, Section 6 Parks, School Sites, Public Areas Permit Fees: CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 4 Page 131 of 150 Part IV Article 4 Development Fees, Section 6 Section 6. Parks, School Sites, Public Areas Permit Fees A fee in the amount of $1,500 for each single-family residential unit and $2,000 for each multifamily unit built in the city shall be paid to the City of Anna at the time of application for a building permit; said fees shall be deposited into the Park Development Fund. Section 5. Penalty. Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $500 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 6. Savings, Severability and Repealing Clauses, Ali ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 7. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and and upon the posting and/or publication, the City Secretary is hereby directed publication. effective from and after its passage if required by law, of its caption and to implement such posting and/or CITY OF ANNA, TEXAS ORDINANCE NO. - Page 3 of 4 Page 132 of 150 . . Part IV Article 4 Development Fees, Section 6 Section 6. Parks, School Sites, Public Areas Permit Fees A fee in the amount of $1,500 for each single-family residential unit and $2,000 for each multifamily unit built in the city shall be paid to the City of Anna at the time of application for a building permit; said fees shall be deposited into the Park Development Fund. Section 5. Penalty. Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $500 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 6. Savings, Severability and Repealing Clauses, Ali ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 7. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and and upon the posting and/or publication, the City Secretary is hereby directed publication. effective from and after its passage if required by law, of its caption and to implement such posting and/or CITY OF ANNA, TEXAS ORDINANCE NO. - Page 3 of 4 Page 132 of 150 .. _ ��� . .. _ Part IV Article 4 Development Fees, Section 6 Section 6. Parks, School Sites, Public Areas Permit Fees A fee in the amount of $1,500 for each single-family residential unit and $2,000 for each multifamily unit built in the city shall be paid to the City of Anna at the time of application for a building permit; said fees shall be deposited into the Park Development Fund. Section 5. Penalty. Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $500 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 6. Savings, Severability and Repealing Clauses, Ali ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 7. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and and upon the posting and/or publication, the City Secretary is hereby directed publication. effective from and after its passage if required by law, of its caption and to implement such posting and/or CITY OF ANNA, TEXAS ORDINANCE NO. - Page 3 of 4 Page 132 of 150 PASSED by the City Council of the City of Anna, Texas this 11th day of June 2019. Mayor Nate Pike ATTESTED City Secretary Carrie Smith �nuuuuui�ua,� Orr AN ., CITY OF ANNA, TEXAS ORDINANCE NO. Page 4 of 4 Page 133 of 150 w C O O G W N w w Q Y w Q 43 ? " •`-' oIj w " w n o. o7S Yn ! u Y o w v u o w v u ;. � 6 a F, u E E F= '" 4 n E �+' .po fl. 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