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HomeMy WebLinkAboutOrd 2001-16 Amend Subdivision-Park & Inspec Fee.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 2001-16 AMENDMENTS TO SUBDIVISION REGULATIONS OF THE CITY OF ANNA, TEXAS AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING REVISIONS TO ORDINANCE NO. 2000-01, SPECIFICALLY REVISING SECTION 6.1 RELATING TO PARKS, SCHOOL SITES, AND PUBLIC AREA RESERVATIONS, SECTION 11.9 RELATING TO CONSTRUCTION INSPECTION FEES, AND SECTION 12 RELATING TO MAINTENANCE BONDS, ESTABLISHING A PENALTY FOR VIOLATIONS, AND PROVIDING FOR A SAVINGS CLAUSE Whereas, under the provisions of the Constitution and laws of the State of Texas, including particularly Chapters 212, 242, and 43 of the Local Government Code, as heretofore and hereafter amended, every owner of any tract of land situated within the City of Anna who may hereafter divide the same into two (2) or more tracts described by metes and bounds or otherwise for the purpose of laying out any subdivision of such tract of land or any addition to said City; or for laying out suburban lots or building lots, or any lots, and purchasers or owners of lots fronting thereon or adjacent thereto, are required to submit a plat of such subdivision or addition for approval by the Planning and Zoning Commission and the City Council of the City of Anna; and Whereas, the rules and regulations of the City established by ordinance, governing plats, and subdivisions of the land, be and the same are hereby extended to and shall apply to all of the area under the extraterritorial jurisdiction of said City, as provided for in Chapter 42 of the Local Government Code; and Whereas, the City of Anna has adopted subdivision regulations under the terms of Chapters, 212, 242, 42, and 43 of the Texas Local Government Code, and Whereas, the City Council of the City of Anna has reviewed the existing subdivision regulations and has determined and revisions and clarifications in the existing subdivision regulations are required to protect the health, safety, and welfare of the residents of the residents of the city; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS Section 1. Section 6.1 Amended Section 6.1 of the Subdivision Regulations of the City of Anna shall be amended to read as follows: 6.1. Parks, School Sites, Public Areas D.'Onnat4nna Subdiv OrrMmendmenf l.doc Paae 1 of 4 Preliminary subdivision plats shall provide sites for schools, parks, or other public areas as set out in the City's Comprehensive Plan. A dedication of five percent (5%) of the total tract acreage shall be required and used as parkland. In lieu of the dedication, the subdivider may pay to the City an amount equal to the value of five percent (5%) of the total tract acreage. Said value shall be determined by an independent certified property appraiser, to be selected by the City, in the event that subdivider and City cannot agree on the value of the property. The appraiser's fee shall be shared equally by City and subdivider. It shall be the City's decision whether dedication of acreage or cash payment shall be required. Section 2. Section 11.9 Amended Section 11.9 of the Subdivision Regulations of the City of Anna shall be amended to read as follows: 11.9. Construction/ Inspection Fee A construction fee equal to 3.0% of the cost of the construction (as determined by the City's consulting engineer), including water, sewer, paving, and drainage facilities, shall be paid to the City prior to the construction of any facilities. Subdivider shall submit to the City's consulting engineer an estimate of construction costs. The City's consulting engineer shall either approve or disapprove the estimate and send a copy of said approval or disapproval to subdivider and City. If the estimate is disapproved, the City's consulting engineer shall consult with subdivider and attempt to negotiate an acceptable estimate. If such negotiations are unsuccessful, the subdivider may appeal to the City Council to resolve the dispute. Construction shall not begin until the City's consulting engineer has approved the estimate or in the alternative the City Council has approved the estimate. The City shall hold twenty-five percent (25%) of the subdivider's inspection fee in an escrow account. The subdivider shall submit to City documentation showing actual cost of construction when construction is completed. If actual cost is less than the original estimate, the City shall refund the appropriate amount. If the actual construction cost is greater than the original estimate, subdivider shall pay to the City the appropriate amount, based on three percent (3%) of actual costs. Section 3. Section 12 Amended Section 12 of the Subdivision Regulations of the City of Anna shall be amended to read as follows: SECTION 12 MAINTENANCE BOND In the event a subdivider develops independently of the City of Anna furnishing engineering and inspection of required improvements, the subdivider shall furnish a good and sufficient maintenance bond with a reputable and solvent corporate surety, in favor of the City, to indemnify the City against any repairs which may become necessary to any part of the D.OnnalAnna Subdiv OnAAmendment l.doc Paae 2 of 4 construction work performed in connection with the subdivision, arising from defective workmanship or materials used therein, for a full period of one year from the date of final acceptance of the entire project. Final acceptance will be withheld until said maintenance bond is furnished to the City Attorney for approval. The maintenance bond shall have attached thereto a copy of the contract for such improvements and such other information and data necessary to determine the validity and enforceability of such bond. When the bond has been examined and approved, the City Attorney shall furnish the City Council with a written certification that the maintenance bond is valid and enforceable as regards all improvements required by subdivisions, which have not been approved as provided by law and further, no permits shall be issued by the Building Inspector of the City on any piece of property other than Section 4 Savings Clause If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this ordinance shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion thereof, or provision or regulation contained herein shall become inoperative or fail by reason of the unconstitutionality or invalidity of any section, subsection, sentence, clause, phrase, or provision of this ordinance. Section 5 Severability It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 6 Violation and Penalties Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed the maximum as prescribed by law. Each day of violation may be considered a separate offence under the provisions of this ordinance. Prosecution or conviction under this provision shall not be a bar to any other remedy of relief for violations of this ordinance. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. Passed by the following vote of the City Council of the City of Anna on this the 11th day of September, 2001. DA4nnaOnna SubdivOrrMmendment 1.doc Paae 3 of 4 Ayes Nays Abstentions Q ATTEST: City Secretary APPROVED: DA4nna14nna Subdiv Ordl4mendment ?. doc Paae 4 of 4