HomeMy WebLinkAboutOrd 502-2010 Amend Code Part II, Article 49, Sec 8 Water and Sanitary Sewer Impact FeesCITY OF ANNA, TEXAS
ORDINANCE NO. 502-2010
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES PART II, ARTICLE 49, SECTION 8. fNATER AND
SANITARY SEWER IMPACT 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 ("the City") has previously adopted ordinances,
rules and regulations governing water, sewer and other utility billing rates,
payments, and related procedures, including provisions related to impact fees; and
WHEREAS, the City of Anna, Texas City Council ("the City Council") has investigated
and determined that it would be advantageous and beneficial to the City and its
citizens to amend Part II, Article 49 Public Works, Section 8. (Water and Sanitary
Sewer Impact Fees) of The Anna City Code of Ordinances ("Anna Code") with
regard to refunds and local restrictions;
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. Amendments.
In accordance with Part II, Article 1, Section 9 of the Anna Code, the following
amendments are made to Part II, Article 49 Public Works, Section 8. Water and
Sanitary Sewer Impact Fees:
8.08 Refunds
(a) On the request of an owner of property on which an Impact Fee has been
paid, Impact Fees shall be refunded if existing facilities are available and
service is denied, or, if the City failed to commence construction of facilities
required for service within two years of payment of the fee, or if
construction is not complete within a reasonable time considering the type
of Capital Improvements or Facility Expansion to be constructed, but not in
any event more than five years from date of payment of the fee.
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(b) Any Impact Fee funds not expended within 10 years after payment shall be
refunded.
(c) Refunds shall bear interest calculated from the date of collection to the
date of refund at the statutory rate set forth in Section 302.002 TEX. FIN.
CODE or its successor statutes.
(d) All refunds will be made to the owner of record at the time the refund is
paid. If, however, the Impact Fees were paid by another political
subdivision or governmental entity, payment shall be made to the political
subdivision or governmental entity.
(Ord. No.502-2010, adopted 712712010)
(e) The owner of the preperty on whish the Impast Fee 'J.'aS paid or another
politioal subdi)/ision or gG'lemmental entity that paid the impaot fee ha)~
standing to sue for a refund under this seotion.
8.09 Appeals
Upon written application of the owner of property upon which Impact Fees were
assessed, the City Council shall consider appeals to the interpretations of or
errors in the application of the Impact Fee regulations or schedules used to
calculate the Fees or Credits.
8.10 Local Restrictions
Under a duly adopted development agreement the City Council may. for the
purpose of promoting economic development within the City. forgo its
entitlement to collect some or all of the impact fees that would otherwise
become subject to collection under this Section 8.
(Ord. No. 138-2004, adopted 412712004) (Ord. No.502-2010, adopted 712712010)
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 $2,000 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.
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The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or
more section, subsection, sentence, clause, and phrase 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 27th day of July 2010.
ATTESTED:
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