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HomeMy WebLinkAboutOrd 798-2019 Amend Code Part IV, Article 7, Sec 13 Water and Sewer Impact FeesCITY OF ANNA, TEXAS ORDINANCE No.1qg-/1019 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING UPDATED LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENT PLANS, AND WATER AND WASTEWATER IMPACT FEES; AMENDING THE ANNA CITY CODE OF ORDINANCES PART IV, ARTICLE 7, SECTION 13 (WATER AND 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 as authorized under Chapter 395 of the Texas Local Government Code; and WHEREAS, the City of Anna, Texas City Council ("the City Council") has held a public hearing and determined that it would be advantageous and beneficial to the City and its citizens to adopt updated land use assumptions and water and wastewater capital improvement plans, and to impose amended impact fees; and WHEREAS, the City Council has further determined that it would be advantageous and beneficial to the City and its citizens to amend Part IV, Article 7, Section 13 (Water and Sewer Impact Fees) of the Anna Code to specify new water and wastewater impact fee rates; 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. Adoption of Land Use Assumptions and Capital Improvements Plan. As relates to water and wastewater facilities, the City Council hereby adopts updates to the land use assumptions and capital improvements plan as set forth in the Water and Wastewater Impact Fee Update 2018-2028, a copy of which is attached hereto as Exhibit A. The adoption of said land use assumptions and capital improvements plan is cumulative of any land use assumptions and capital improvements plan regarding roadway facilities and this ordinance does not amend or otherwise modify the City's existing roadway service area(s) or roadway impact fees. CITY OF ANNA, TEXAS ORD. NO. ·-t q <:/ Page 1 of 4 Section 3. Amendments to Part IV of the Anna Code. In accordance with Part II, Article 1, Section 9 of the Anna Code, Part IV, Article 7, Section 13 is deleted and replaced with the following: Schedule A WATER/WASTEWATER LAND USE EQUIVALENCY TABLE Meter Meter Maximum Impact Fee Land Use Type Size LUE Water Wastewater Single Family Residential Simple 3/4" 1 $4,510 $4,079 Single Family Residential Simple l" 1.7 $7,667 $6,933 Single Family Residential Simple 1-1/2" 3.3 $14,883 $13,459 Single Family Residential Simple 2" 5.3 $23,904 $21,616 Commercial/Retail Compound 2" 5.3 $23,904 $21,616 Commercial/Retail Turbine 2" 6.7 $30,218 $27,326 Commercial/Retail/Multi Fan Compound 3" 10.7 $48,259 $43,640 Commercial/Retail/Multi Fan Turbine 3" 16 $72,162 $65,256 Commercial/Retail/Multi Fan Compound 4" 16.7 $75,319 $68,111 Commercial/Retail/Multi Fan Turbine 4" 28 $126,284 $114,198 Industrial Compound 6" 33.3 $150,188 $135,814 Industrial Turbine 6" 61.3 $276,472 $250,012 Industrial Compound 8" 53 .3 $240,391 $217,384 Industrial Turbine 8" 106.7 $481,232 $435,176 Industrial Compound 10" 153 .3 $691,405 $625,234 Industrial Turbine 10" 166.7 $751,840 $679,886 Industrial Turbine 12" 220 $992,231 $897,270 Schedule B WATER/WASTEWATER IMPACT FEE RATES Facility Category Service Area Maximum Impact Fee Adopted Impact Fee Per Living .Unit Per Living Unit Equivalent Equivalent Water All $4,510 $~5i0 Facilities Wastewater All $4,079 $':litJ1'1 Facilities CITY OF ANNA, TEXAS ORD. NO. 7 q 8' Total $8,589 $14,601 $28,343 $45,520 $45,520 $57,544 $91,898 $137,418 $143,430 $240,482 $286,002 $526,484 $457,775 $916,408 $1,316,639 $1,431,726 $1,889,501 Page 2 of 4 Section 4. In accordance with Part 11, Article 1, Section 9 of the Anna Code, the following amendments are made to the Anna Code, Part II, Article 49, Section 8.05, subsection (a) as shown below, with any added language shown in underlined text (example) and any deleted language shown in strikethrough text (example): 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 B- lmpact Fee Rates, as set forth in Anna Code, Part IV, Schedule of Fees, Article 7, Section 14Section 13. (Ord. No. 671-2014, adopted 09/21/2014; Ord. No. 690-2015 (adopted 06/09/2015); see also Ord. No. 756-2018, adopted 06/12/2018; Ord. No. -2018, adopted 11/13/2018) Section 5. 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, 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 7. 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 8th day of January 2019. CITY OF ANNA, TEXAS ORD. NO. '1ft Page 3 of4 CITY OF ANNA, TEXAS ORD. NO. Jqg' Page 4 of 4