HomeMy WebLinkAboutOrd 1089-2023-12 Reauthorize City Building Permit Fees in Accordance with HB 1922CITY OF ANNA, TEXAS
ORDINANCE NO. 10 ICI a? -
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, REAUTHORIZING
BUILDING PERMIT FEES; PROVIDING FOR SAVINGS, SEVERABILITY, AND
REPEALER CLAUSES; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna ("City") is a Texas home -rule municipality which
regulates the development of property within its territory, which includes the
issuance of building permits and assessment of application fees and other building
permit fees as conditions to constructing, renovating, or remodeling a structure in
the territory governed by the City; and
WHEREAS, in the course of the 88th Regular Session of the Texas Legislature
conducted in early 2023, House Bill 1922 was passed and signed by Governor
Abbott to become effective January 1, 2024, which will add a new Section 214.908
to the Texas Local Government Code ("HB 1922"); and
WHEREAS, HB 1922 provides that any building permit fee charged by the City shall
automatically be abolished on the 10th anniversary after the date of its adoption, or
the 10th anniversary after it was most recently reauthorized under the new statute,
unless the governing body of the City hold a public hearing on the reauthorization of
the fee and takes a vote to reauthorize such fees; and
WHEREAS, the City of Anna, Texas City Council ("the City Council") has held the
required public hearing, and has investigated and determined that it would be
advantageous and beneficial to the City and its citizens, and in the interest of good
governance, the public health, safety, and general welfare, to amend the Anna City
Code of Ordinances ("Anna Code") and thereby reauthorize its existing building
permit fees;
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 the findings of the City
Council as if set forth in full.
Section 2. Ordinance adopted.
2.01 Amendments to Chapter 4 of the Anna Code.
The City Council now declares that the Anna City Code of Ordinances is hereby
amended by adding a section, to be numbered Sec. 4.01.003, which said section shall
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read as follows and shall be placed in Chapter 4 ("Building Regulations") of the Anna
Code, to become and be made part of the Anna Code as of the effective date set
forth below:
CHAPTER 4 BUILDING REGULATIONS
ARTICLE 4.01 GENERAL PROVISIONS
4.01.003 Reauthorization of Building Permit Fees.
(a) All building permit fees, as that term is defined for purposes of Texas
Local Government Code § 214.908 (as amended), are reauthorized by
vote of the city council.
(b) The City Secretary shall take appropriate steps to ensure that a public
hearing is scheduled and timely noticed to be held no later than the 9th
anniversary of the effective date of this section (on or before January 1,
2033) so that the City Council may thereafter determine whether to
reauthorize some or all of the City's building permit fees to prevent
abolition by operation of Texas Local Government Code § 214.908 (as
amended).
Section 3. Savings, Severability and Repealing Clauses.
All ordinances, resolutions, and prior enactments of the City in conflict with the
provisions of this ordinance are hereby 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, 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 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective immediately after Texas Local
Government Code § 214.908, as enacted by House Bill 1922 of the 88t" Regular
Session of the Texas Legislature and as may be amended thereafter, becomes
effective and applicable to the City of Anna. As of the date of the passage of this
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ordinance, the effective date of said statute is January 1, 2024.
PASSED by the City Council of the City of Anna, Texas, this '1-h day of
E_ • 2023.
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