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HomeMy WebLinkAboutOrd 408-2008 Amending Code of Ord. Subdivision Regulations.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 408-2008 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE CODE OF ORDINANCES FOR THE CITY OF ANNA BY AMENDING PART IIIA, SUBDIVISION REGULATIONS, ARTICLE VI BY ADDING SECTION S - REQUIRING BUILDING PERMITS TO BE ISSUED IN SUBDIVISIONS IN THE CITY'S EXTRATERRITORIAL JURISDICTION; RATIFYING ORDINANCE NO. 402-2008, 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 $2,000; 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 ("City") has previously adopted ordinances, rules and regulations governing the City's Subdivision Regulations codified in Part III -A of the Code of Ordinances for the City of Anna ("Anna Code"), and fees for development plats and related fees codified in Part IV, Schedule of Fees, of the Anna Code; WHEREAS, after a duty noticed public hearing, the City of Anna, Texas City Council ("City Council") has investigated and determined that it would be advantageous and beneficial to the City and its citizens and necessary for public health and safety to amend Part III -A of the Anna Code, the Subdivision Regulations ("Subdivision Regulations'), to require the issuance of building permits in subdivisions in the City's extraterritorial jurisdiction; WHEREAS, the City desires to ratify Ordinance 402-2008, and, if necessary, readopt an amendment to Part IIIA, Article XI and Part IV, Article IV, Section 5 of the Anna Code to revise platting fees; and WHEREAS, the City has held the requisite public hearing(s) pertaining to the amendments to and other acts taken herein regarding the Subdivision Regulations of 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. Od. No. 40&2008 Subdivision Reg. -Building Permits in EfJ s d! PWAV Fees.doc 1 1614-08 Section 2. in accordance with Part 11, Article 1, Section 9 of the Anna Code, the following amendment is made to Part III -A (Subdivision Regulations), Article VI, by adding Section 6 as follows: Section 6. Building Permits Required in City's Extraterritorial Jurisdiction (a) Before construction of any structure proposed to be located in a subdivision within the City's extraterritorial iurisdiction may begin, plans for construction shall be submitted for review by the City or its designated plan reviewer. The plans shall meet the same requirements and are subject to the same standards of review as plans for structures located within the City's corporate limits. (b) Fees shall be collected for building permit review and inspections at the same rate charged for structures located within the City's corporate limits. (c) Before the issuance of a building permit, the property upon which the proposed structure is planned to be located shall have been platted in accordance with all City requirements applicable to development in the City's extraterritorial jurisdiction. (Ord. No. 408-2008. adopted 10-14-2008) Cross Reference Part 11 Article 8 Section 18 Section 3. Ratification of adoption of Ordinance 402-2008. After holding public hearing(s) as required by law, and to the extent necessary to fully effectuate and validate City Ordinance No. 402-2008, relating to platting fees and related fees, the City Council hereby ratifies the adoption of said ordinance and, if necessary, readopts Sections 2 and 3 of said Ordinance as N set forth in full herein as an amendment to the Anna Code. Section 4. 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 $2,000 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 6. 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, Ord. No. 4W2M Subftaiw ft.-Wdi,g Pannft in ETJ and PW&n Fees.doc 2 1614-08 subsection, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, and 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 PA00CC! Uy ute l.tly liuUiltill Uf"uro <hy U1 nrn �a, ,i#aa, uuo " day-vrtia.rJ�aa,�'cwu. Filth*1r"A C' Secretary, Natha Wilkison APPROVED: C Mayor Pro Tem, Kevin Anderson OM. No. 408--2008 SubAftion Reg. -B Ming Penna In ETJ and PWft Pees.dw 3 10.1408