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Home My WebLink AboutOrd 402-2008 Amending Code of Ordinances-Revising Platting Fees.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 402-2008 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CITY OF ANNA CODE OF ORDINANCES BY AMENDING PART III -A, ARTICLE XI (SUBDIVISION ORDINANCE) AND PART IV, ARTICLE IV, SECTION 5 (SCHEDULE OF FEES); REVISING PLATTING 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") has previously adopted ordinances, rules and regulations governing the required fees for development plats filed with the City; 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, Article XI (Subdivision Ordinance) and Part IV, Article IV, Section 5 (Schedule of Fees) of the City of Anna Code of Ordinances ("Anna Code") by revising the required fees for development plats filed with the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendment to Part III -A, Article XI (Subdivision Ordinance). In accordance with Part II, Article 1, Section 9 of Anna Code, the following amendment is made to Part III -A, Article XI (Subdivision Ordinance): City when any Plat is tendered to the Planning and Zoning Commission, City Council, or any other authorized board or agency of the City in accordance with the schedule of fees set forth in Part IV Article IV, Section 5 of the Anna Code of Ordinances. Each of the fees and charges provided herein in said schedule shall be paid in advance, and no action of the Commission, the City Council, or any other board or agency shall be valid until the fee or fees shall have been paid to the officer designated herein. (b) These fees shall be charged on all Plats, regardless of the action taken the Plat is approved or denied. (c) The Subdivider shall cause a check to be made payable to the City of Anna to cover all recording fees involved in finishing the platting process and have this delivered to the City Secretary prior to the submission for approval. (d) The City's consulting engineer shall calculate the fees and charges, in accordance with the fellewing-schedule of fees set forth in Part IV Article IV Section 5 of the Anna Code of Ordinances. ... ..... 4 M A construction fee equal to 3% 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. 4) Q The City shall hold 25% of the Subdivider's inspection fee in an Escrow account. iii) (3) 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 3% of actual costs. e . . Ir rr• .... -. rr Section 3. In accordance with Part 11, Article 1, Section 8 of Anna Code, the following amendment is made to Part IV, Article IV, Section 5 (Schedule of Fees). 1.Application for a Develooment Pia $100.00 per plat (Ord. No. 334-2007, adopted 7110/2007) The following schedule of fees and charges shall be paid to the city when any plat is tendered to the Planning and Zoning Commission, City Council, or any other authorized board or agency of the city. Each of the fees and charges provided herein shall be paid in advance, and no action of the Commission, the City Council or any other board or agency shall be valid until the fee or fees shall have been paid to the officer designated therein. Ord. 402-2006 AmwW Code of OMs. revisitV PWfing FmAoc 3 0909-08 These fees shall be charged on all plats, regardless of the action taken by the Planning and Zoning Commission and the City Council, and whether the plat is approved or denied. The subdivider shall cause a check to be made payable to the city to cover all recording fees involved in finishing the platting process and have this delivered to the Planning and Development Department prior to the submission for final approval. Fees and charges shall be calculated in accordance with the following schedule: 1. Preliminary Plats $60:00 $325.00 per Plat, plus $300 $5.00 per lot. 2. Final Plats $200.00$325.00 per Plat, plus $5.00 per lot. 3. Combination Preliminary and Final Plats $100.00$325.00 er Plat, plus $34015.00 per lot. 4. Manufactured Home Subdivision $100.00 per plat, plus $3.00 per lot or mobile home space. 5. Manufactured Home Parks $100.00 per plat, plus $3.00 per mobile home space. 6. Minor Platt Replat (no new public infrastructure) $300. 325 per Plat, plus $5.00 per new lot created. 7. Fire Service Capital Improvements Fee $100 per lot 8. Amended Plat Amended Plat shall be $325, plus $5 per lot, to be paid at the time such application is submitted to the Planning and Development Department. 9. In addition to any other fees. a $2.500 deposit will be paid at the time of submission of a preliminary plat, final plat or combination preliminary and final plat for review by City Consultants of any facilities agreement and/or civil construction plans. At the time of final approval of the any given plat the deposit will be adjusted up or down based on actual costs of review(s) by Cily Consultants. An invoice for costs over L2,500 will be provided to Each violation is considered a separate offense and will be punished separately Section S. 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 N 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 section, subsection, sentence, clause, or phrase be declared unconstitutional or invalid. Section 6. 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 9th day of September, 2008. ATTESTED: APPROVED: CV Secretary, Natha Wilkison Mayor Pro Tem, Kevin Anderson