HomeMy WebLinkAboutOrd 756-2018 Amend Code Part II, Article 49, Sec 8 Impact Fees on New DevelopmentCITY OF ANNA, TEXAS
ORDINANCE NO. �6L-00 9
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING A NEW
ASSESSMENT RATE FOR ROADWAY IMPACT FEES, AMENDING THE ANNA CITY
CODE OF ORDINANCES PART 11, ARTICLE 49, SECTION 8 (IMPACT FEES ON
NEW DEVELOPMENT); 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 provisions
relating to the imposition of roadway impact fees on developments within the City;
and
WHEREAS, City adopted by ordinance maximum impact fees per service unit
equivalents in two service areas, by its Ordinance No. 671-2014, being $702.00
(seven hundred and two dollars and zero cents) for service area 1 and $616.50 (six
hundred and sixteen dollars and fifty cents) for service area 2;
WHEREAS, by vote of its City Council on September 23, 2014, the City's initial
assessment of roadway impact fees at a rate of $333.34 per service unit rounded to
the nearest dollar for both service areas was substantially lower than the rate
authorized by state law and justified by the City's adopted Capital Improvement
Plan; and
WHEREAS, in comparison to nearby communities, the City's roadway impact fees
are substantially lower, allowing for some margin in increasing the City's roadway
impact fees without substantial competitive disadvantage in competing for new
development; and
WHEREAS, the costs borne by current taxpaying residents of the City of Anna
associated with new roadway improvements that primarily benefit and are
necessitated by new development would be reduced if the City increased its
roadway 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 adopt a new assessment rate for roadway impact fees and amend Part II,
Article 49 Public Works, Section 8 (Impact Fees on New Development) of The Anna
City Code of Ordinances ("Anna Code");
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
CITY OF ANNA, TEXAS ORDINANCE NO.lCp Page 1 of 3
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment to Assessment Rate of Roadway Impact Fees.
The City hereby adopts the following assessment rates per service unit for the service
areas listed below, to be rounded to the nearest dollar after calculating the total number
of service units subject to the assessment, which shall replace the current assessment
rate of $333.34 per service unit adopted on September 23, 2014:
Service Area 1 (maximum $702.00) =
Service Area 2 (maximum $616.50) =
These assessment rates shall be effective on new development in the City in
accordance with Anna Code and state law for any projects lacking rights which vested
prior to the effective date of this ordinance.
Section 3. Anna Code Amendments.
In accordance with Part II, Article 1, Section 9 of the Anna Code, the following
amendments are made to the Anna Code, Part II, Article 49, Section 8 (Impact Fees on
New Development), as shown below, with any added language shown in underlined text
(example) and any deleted language shown in strikethrough text (ex -ample):
Section 8. Impact Fees on New Development
8.05 Calculation and Assessment of Impact Fees
(a) Impact Fees for water and sanitary sewer wastewater shall be determined
by multiplying the number of Service Unit equivalents in the proposed
development by the amount per Service Unit equivalent due by referring to
Schedules A — Water/Wastewater Equivalency Table and Schedule 13 -
Impact Fee Rates, as set forth in Anna Code, Part IV, Schedule of Fees,
Article 7, Section 14.
(b) Roadway Impact Fees shall be determined and assessed as set forth in City of
Anna Ordinance No. 671-2014 as amended.
(Ord. No. 671-2014, adopted 09/21/2014; Ord. No. 690-2015 (adopted 06/09/2015); see
also Ord. No. -2018, adopted / /2018)
CITY OF ANNA, TEXAS ORDINANCE NO 752 Page 2 of 3
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 $2,000 for each incidence of violation. Each violation
is considered a separate offense and will be punished separately.
Section 5. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to the
extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect the same
as if such invalid or unconstitutional provision had never been a part hereof. The City declares
that it would have passed this ordinance, and each section, subsection, sentence, clause, or
phrase thereof irrespective of the fact that any one or more section, subsection, sentence,
clause, and phrase be declared unconstitutional or invalid.
Section 6. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon the
posting and/or publication, if required by law, of its caption and the City Secretary is hereby
directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 42$ day of 1 2018.
ATTESTED:�, APPROVED:
Carrie Smith, City Secretary MaRhan Pike, Mayor
CITY OF ANNA, TEXAS ORDINANCE NO.15�, Page 3 of 3