HomeMy WebLinkAboutOrd 799-2019 Amend Code Part IV, Article 7, Adding Sec 14 Roadway Impact FeesCITY OF ANNA, TEXAS
ORDINANCE NO.'] qg ~ ~019
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING UPDATED LAND
USE ASSUMPTIONS, CAPITAL IMPROVEMENT PLANS, AND ROADWAY IMPACT
FEES; AMENDING THE ANNA CITY CODE OF ORDINANCES PART IV, ARTICLE 7,
ADDING A NEW SECTION 14 (ROADWAY 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 provisions
relating to the imposition of roadway impact fees on developments within the City;
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
IV, Article 7 by adding a new Section 14 (Roadway Impact Fees) to The Anna City
Code of Ordinances ("Anna Code");
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 roadway facilities, the City Council hereby adopts updates to the land use
assumptions and capital improvements plan as set forth in the Roadway 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 water and wastewater facilities
and this ordinance does not amend or otherwise modify the City's existing water or
wastewater impact fees.
CITY OF ANNA, TEXAS ORDINANCE No.!l!l ll Page 1 of 3
Section 3. 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 previously adopted
assessment rates:
Service Area 1 (maximum $905.00) = ___ _
Service Area 2 (maximum $842.00) = ___ _
These assessment rates shall be effective on new development in the City in
accordance with Anna Code and state law.
Section 4. 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 IV, Article 7, by adding a new Section 14
(Roadway Impact Fees), as shown below, with any added language shown in
underlined text (example) and any deleted language shown in strikethrough text
(example):
Section 14. Roadway Impact Fees
Facilit',/ Categor',I Service Area Maximum lm[!act Fee Per Ado[!ted lm[!act Fee Per
Eguivalent Service Unit Eguivalent Service Unit
Roadwa',I .! $905 $ (,/ ()fl
Faciliti es
Roadwall l $842 Sg':f.Q
Faciliti es
( Ord. No. , adopted 11/13/2018; Cross Reference : Part II, Article 49, Section
8.05
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.
CITY OF ANNA, TEXAS ORDINANCE No.7.!J_.1 Page 2 of 3
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.
ATTESTED:
Carrie Smith
City Secretary
CITY OF ANNA, TEXAS ORDINANCE No.7!/_q Page 3 of 3