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
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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
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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.
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Ayes
Nays
Abstentions Q
ATTEST:
City Secretary
APPROVED:
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