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HomeMy WebLinkAboutOrd 938-2021 Amending Code Ch 9, Article 9.02, Div 4, Sec 9.02.135 Park Development Fund..CITY OF ANNA, TEXAS ORDINANCE NO. 3 � a AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING 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); 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 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 Development Fund of the Anna Code. CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 1 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 and design of parks a recreation facilities; (D) Construction of new parks and recreation facilities; (E) Rehabilitation and modernization of existing pa and recreation facilities; (F) Maintenance and equipment for new parks and recreation facilities; (G) Maintenance and equipment for existing, a recently rehabilitated and modernized parks a recreation facilities; (H) Long-range planning for land, facilities, recreation and related programs;-e� (I) Feasibility studies, market studies and economi impact analysis relating to parks and recreatio projects and programs; or (J) Creation, planning, management, administration, operation, marketing and promotion of events and recreational activities. CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 (2) Except as may relate to the staffing of the parks and recreation department or the creation, planning, management, administration, operation, marketing and promotion of parks, park facilities, park amenities, park funding and development, 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 $500 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 14t" day of September 2021. APPROVED �, Nate Pike, Mayor ATTESTED CITY OF ANNA, TEXAS ORDINANCE NO. Cf a$ PAGE 3