HomeMy WebLinkAboutOrd 819-2019 Amendment to Ord 671-2014 Scrivener ErrorORDINANCE NO._�11__daig
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING ORDINANCE
NO. 671-2014 TO CORRECT SCRIVENER ERRORS RELATIVE TO THE
DOLLAR AMOUNT OF ROADWAY IMPACT FEE ASSESSMENTS FOR
SERVICE AREA 1 AND SERVICE AREA 2; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in 1987 the Texas Legislature adopted Senate Bill 336,
subsequently amended and adopted as Chapter 395 of the Local Government
Code authorizing impact fees for water and wastewater facilities and roadways;
and
WHEREAS, the City established an impact fee program under Chapter 395,
including without limitation the assessment of roadway impact fees; and
WHEREAS, on September 23, 2014 the City Council enacted Ordinance No.
671-2014 updating and amending roadway impact fees, wherein scrivener errors
were made in setting forth the amount of roadway impact fee assessments; and
WHEREAS, in the enactment of Ordinance No. 671-2014 at its meeting of
September 23, 2014, the objective and intent of the City Council was to set the
dollar amount of assessment of roadway impact fees at $333.34 (rounded to the
nearest dollar) per service unit in service area 1 and $333.34 (rounded to the
nearest dollar) per service unit in service area 2 (collectively, the "Intended
Assessment Amounts"); and
WHEREAS, the Intended Assessment Amounts were applicable from the
adoption of Ordinance No. 671-2014 on September 23, 2014 until the effective
date of Ordinance No. 756-2018 (the "Relevant Assessment Period"), which said
ordinance increased the dollar amounts of assessments of roadway impact fees
to $702.00 34 (rounded to the nearest dollar) per service unit in service area 1
and $616.50 34 (rounded to the nearest dollar) per service unit in service area 2;
and
WHEREAS, the amount of the assessment of roadway impact fees has been
further modified by ordinance(s) adopted after Ordinance No. 756-2018; and
WHEREAS, during the Relevant Assessment Period, the City assessed new
development in the amount of the Intended Assessment Amounts per service
unit despite the above -referenced scrivener errors; and
WHEREAS, as to any areas of new development that were assessed roadway
impact fees during the Relevant Assessment Period the City will continue to
collect impact fees when due in the Intended Assessment Amounts; and
CITY OF ANNA ORDINANCE NO. Page 1 of 3
WHEREAS, the City Council desires to make a record of the above -referenced
scrivener errors to avoid confusion over the dollar amount of the Intended
Assessment Amounts;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
Section 1. The City Council for the City of Anna herein amends Section 6(b) of
Ordinance No. 671-2014 to correct scrivener errors by deleting the
dollar amounts mistakenly set forth therein and substituting the
Intended Assessment Amounts such that Section 6(b) shall
hereinafter read in its entirety as follows in accordance with the City
Council's original intent:
"(b) For new development on land that is platted in accordance with
Subchapter A, Chapter 212 of the Texas Local Government Code,
the City shall assess the roadway impact fees before or at the time
of recordation of a subdivision plat. Subject to the limitation on the
amount as set forth in subsection (a), above, the amount of the
roadway impact fees will be calculated and assessed pursuant to
this ordinance or as modified by a future ordinance adopted by the
Council. Unless and until modified by a future ordinance, the
amount of the roadway impact fee that shall be assessed and
collected are: (1) $ 333.34 rounded to the nearest dollar per service
unit equivalent for service area 1; and (2) $333.34 rounded to the
nearest dollar per service unit equivalent for service area 2."
Section 2. Notwithstanding any provision of this ordinance or any other
ordinance, the adoption of this ordinance only applies to impact
fees assessed during the Relevant Assessment Period and this
ordinance does not amend any aspect of any ordinance other than
Ordinance No. 671-2014. This ordinance shall not be construed to
change the amount of the assessment as to any roadway impact
fees assessed on or after the effective date of Ordinance No. 756-
2018.
Section 3. This Ordinance shall be effective upon its passage by the City
Council and publication as required by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS 14th
DAY OF MAY 2019.
CITY OF ANNA ORDINANCE NO, Page 2 of 3
ATTEST:
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Carrie L. Smith, City Secretary
APPROVED: /
Pike, Mayor
CITY OF ANNA ORDINANCE NO.04
Page 3 of 3
CITY OF ANNA, TEXAS
ORDINANCE NO. 671-2014
AN ORDINANCE OF THE CITY OF ANNA, TEXAS APPROVING ADOPTED LAND USE
ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN FOR ROADWAY IMPACT FEES;
APPROVING AND IMPOSING ROADWAY IMPACT FEES IN SERVICE AREA 1 AND
SERVICE AREA 2; ESTABLISHING PROCEDURES FOR ASSESSMENT, CALCULATION
AND COLLECTION OF SAID FEES; AMENDING THE ANNA CITY CODE OF
ORDINANCES, PART 11, ARTICLE 49, SECTION 8 REGARDING IMPACT FEES;
PROVIDING FOR A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City Council ("Council") of the City of Anna, Texas ("City") has previously
adopted water and sanitary sewer impact fees in accordance with Chapter 395 of the Texas
Local Government Code ("Chapter 395"); and
WHEREAS, the Council now desires to adopt roadway impact fees in two service areas
within the City's corporate limits; and
WHEREAS, the City's duly appointed Impact Advisory Committee reviewed the land use
assumptions and capital improvements plan as relates to the roadway impact fees that
are the subject of this ordinance and said committee provided its written comments on the
proposed impact fees before the fifth day before the date of the public hearing on the
imposition of the fees; and
WHEREAS, the City has fully complied with Chapter 395 concerning the notice, adoption,
promulgation and methodology necessary to adopt said land use assumptions and capital
improvements plan in preparation for the adoption and imposition of roadway impact fees;
and
WHEREAS, on July 22, 2014, the Council held a duly noticed public hearing on the adoption
said land use assumptions and capital improvements plan and adopted same with the
passage of City of Anna Resolution No. 2014-07-04; and
WHEREAS, on September 9, 2014, the Council held a duly noticed public hearing on the
adoption of said roadway impact fees; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated; Statement of Purpose.
The recitals above are incorporated herein as if set forth in full for all purposes. This
Ordinance is intended to assure the provision of adequate public roadway facilities to serve
new development in the City by requiring each such development to pay its share of the costs
of such improvements necessitated by and attributable to such new development.
Section 2. Land Use Assumptions.
ORD. 671-2014 Road Impact Fees Page 1 of 6
/ I/-
09-23-14
The land use assumptions adopted with the passage of Resolution No. 2014-07-04 are
approved as originally adopted by the Council and as shown in the attached Exhibit A,
incorporated herein as if set forth in full.
Section 3. Capital ImprovemenU.
The capital improvements plan for roadways adopted with the passage of Resolution No.
2014-07-04 are approved as originally adopted by the Council and as shown in the attached
Exhibit B, incorporated herein as if set forth in full.
Section 4. Maximum Roadway Impact Fee Established.
In accordance with the land use assumptions and capital improvements plan for roadways,
the Council hereby sets the maximum impact fee amount per service unit equivalent at
$702.00 for service area 1.
In accordance with the land use assumptions and capital improvements plan for roadways,
the Council hereby sets the maximum impact fee amount per service unit equivalent at
$616.50 for service area 2.
Section 5. Roadway Impact Fee as Condition of Development Approval/Permit
Issuance.
No final plat for new development shall be released for filing with the appropriate county
without assessment of an impact fee pursuant to this ordinance or a separate ordinance
providing for such assessment. No building permit shall be issued for new development until
the property owner has paid the impact fee imposed by and calculated herein or a contract
for payment is approved by the City and executed by the parties.
Section 6. Assessment of Roadway Impact Fees.
(a) The Council shall determine the amounts to be assessed and collected in accordance
with this ordinance; provided, however, that the amount of any roadway impact fee assessed
or collected shall not exceed the maximum amounts established under Section 4 of this
ordinance for service area 1 and service area 2, respectively.
(b) For new development on land that is platted in accordance with Subchapter A, Chapter
212 of the Texas Local Government Code, the City shall assess the roadway impact fees
before or at the time of recordation of a subdivision plat. Subject to the limitation on the
amount as set forth in subsection (a), above, the amount of the roadway impact fees will be
calculated and assessed pursuant to this ordinance or as modified by a future ordinance
adopted by the Council. Unless and until modified by a future ordinance, the amount of the
roadway impact fee that shall be assessed and collected are: (1) $ 702.00 per service unit
equivalent for service area 1; and (2) $616.50 per service unit equivalent for service area 2.
(c) For land on which new development occurs or is proposed to occur without platting, the
City may assess the impact fees at any time during the development and building process
and may collect the fees at either the time of recordation of the subdivision plat or connection
to the political subdivision's water or sewer system or at the time the political subdivision
issues either the building permit or the certificate of occupancy.
ORD, 671-2014 Road Impact Fees Page 2 of 6 09-23-14
(d) Following initial assessment of the impact fee for a new development pursuant to this
section, the amount of the impact fee per service unit for that development cannot be
increased unless the approved final plat expires or lapses under applicable ordinances or law
or the owner proposes to change the approved development by the submission of a new
development application or application to increase the number of service units, in which case
the impact fee will be reassessed for increased service units at the impact fee amount as
assessed at that time.
(e) Following the lapse or expiration of a final plat covering any area of undeveloped property
that has been approved or a final plat deemed approved due to the City's failure to act, a new
assessment shall be performed at the time of new final plat approval in accordance with this
ordinance, as amended.
Section 7. Collection of Roadway Impact Fees.
(a) The roadway impact fees due on new development shall be collected at the time of
application for a building permit or, in the Gases for which no plat is submitted to the City, at
the time of application for building permit, utility connection or certificate of occupancy,
whichever occurs first, unless an agreement binding the property owner and the City has
been executed providing for a different time of payment.
(b) At the time that roadway impact fees are due, the City shall compute the impact fees due
for the new development in the following manner:
(1) By multiplying the number of each type of service units generated by the amount of
the roadway impact fee assessed or deemed to have been assessed by the City
for the applicable service area.
(2) The amount of each impact fee due shall be reduced by any allowable credits for
roadway capital improvements in the manner provided by City regulations and
state law.
(c) Whenever a property owner proposes to increase the number of service units for a new
development, the additional impact fees collected for such new service units shall be
determined by using the amount of impact fee per service unit then in effect, and such
additional fee shall be collected at the time of issuance of a new building permit.
Section 8. Incorporation of Other Regulations.
Except as set forth in this ordinance, the regulations applicable to roadway impact fees in The
Anna City Code of Ordinances ("Anna Code"), Part 11, Article 49, Section 8 shall apply. To the
extent that this ordinance conflicts with said Section 8 of the Anna Code this ordinance shall
govern.
Section 9. Amendments to Anna Code.
ORD. 671-2014 Road Impact Fees Page 3 of 6 09-23-14
(a) In accordance with Part II, Article 1, Section 9 of the Anna Code, this ordinance amends
Part II (General Ordinances) of the Anna Code by amending the title of Part II, Article 49,
Section 8, as follows:
Section 8, Water and San1taFY Sewer Impact Fees on New Development
(b) In accordance with Part II, Article 1, Section 9 of the Anna Code, this ordinance amends
Part II (General Ordinances) of the Anna Code by amending the definition of
"Assessment" in Part II, Article 49, Section 8.02 (Definitions) as follows:
Assessment means the determination of the amount of the maximum impact fee
that can be impased-collected on New Development pursuant to this section.
(c) In accordance with Part 11, Article 1, Section 9 of the Anna Code, this ordinance amends
Part II (General Ordinances) of the Anna Code by amending Part II, Article 49, Section
8.04(a) and (b), and adding a new subsection (c) as follows:
8.04 Impact Fee Required
(a) Water and sewer Impact Fees shall be assessed for New Development at the
time Final Plats for single family residential are released for recordation and
due and payable at the time a building permit is issued, or for land platted
outside the corporate limits, at the time an application is filed for an individual
meter connection to the water or wastewater system. Water and sewer
Impact Fees for other than single family residential shall be assessed at any
time and shall be due and payable prior to connection to the City's water or
sanitary sewer. Irrigation meters in single family residential are additional
Service Units and will be assessed and fees collected at time of connection
to the City's water or sanitary sewer. Except as set forth in City of Anna
Ordinance No. 671-2014, as amended, Roadway Impact Fees shall be
assessed for New Development at the time Final Plats are released for
recordation and due and payable at the time a building permit is issued.
(b) Once an assessment has been made for New Development of a tract,
additional Additional: Impact Fees or increases in fees shall not be assessed
unless the number: of SeWiG8 Units to be developed an the traGt inGreases.
Should the SeFV!Ge Units be iAGFeased, impa6t Fees shall be inGreasedi
amount equal to the rwrent impart fee per: Servire Unit multiplied by the
diffeFenGe in the number: Gf SeNiGe Units unless the approved final plat
expires or lapses under applicable ordinances or law or the owner proposes
to change the approved development by the submission of a new
development application or application to increase the number of service
ORD. 671-2014 Road Impact Fees Page 4 of 6 09-23-14
size or additional meters or service units at the impact fee amount as
assessed at that time.
(c) Following the lapse or expiration of a final plat covering any area of
undeveloped property that has been approved or a final plat deemed
approved due to the City's failure to act a new assessment shall be
performed at the time of new final plat approval in accordance with this
ordinance, as amended.
(d) In accordance with Part II, Article 1, Section 9 of the Anna Code, this ordinance amends
Part 11 (General Ordinances) of the Anna Code by amending Part 11, Article 49, Section
8.05 by adding a new subsection (b) as follows:
(b) Roadway Impact Fees shall be determined as set forth in City of Anna
Ordinance No. 671-2014 as amended,
(e) In accordance with Part 11, Article 1, Section 9 of the Anna Code, this ordinance amends
Part II (General Ordinances) of the Anna Code by amending Part 11, Article 49, Section
8.09 as follows:
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 231d day
of September, 2014.
ATTEST:
N a i kison, City Secretary
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ORD. 671-2014 Road Impact Fees
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Page 6 of 6
09.23.14
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ROADWAY,, WATER, AND WASTEWATER;
LAND .USE ASSUMPTIONS
January 2014
Advisory Committee
Justin Burr — Chairman & Planning and Zoning Commissioner
Sandy Setliff — Member from Real Estate Community & Planning and Zoning Commissioner
Tiffany Burleson — Planning and Zoning Commissioner
Elaine Gothard — Planning and Zoning Commissioner
John Johnson — Planning and Zoning Commissioner
Darrin Columbo — Planning and Zoning Commissioner
Lee Miller — Planning and Zoning Commissioner
Gary Billups — Member from Extraterritorial Jurisdiction
Staff
Philip Sanders — City Manager
Kenny Jenks — Police Chief — Deputy City Manager
Tim Gothard — Fire Chief
Maurice Schwanke — Director of Planning and Development
Rob Woods — Public Works Director
Clayton Fulton — Finance Director
Page 1 of 15
LAND USE ASSUMPTIONS FOR IMPACT FEES
PURPOSE
The purpose of this study is to analyze both existing and future land use, and to forecast growth trends for the City of
Anna. This land use data provides a basis for determining and scheduling the capital improvements required to serve
the existing and future population of the City of Anna. This study fulfills the requirements of Chapter 395 of the Texas
Local Government Code which prescribes the process by which cities in Texas roust formulate impact fees. The
purpose of impact fees is to provide an equitable funding method for future capital improvement facilities for: water
transmission, distribution, production and storage; wastewater collection, transmission and treatment, and thoroughfares
to serve new developments in the City of Anna.
These land use assumptions, which also include population, and basic, service, and retail land use projections, will
become the basis for the preparation of impact fee capital improvement plans for water, wastewater, and roadway
facilities.
To assist the City of Anna in determining the need and timing of capital improvements to serve fixture development, a
reasonable estimation of future growth is required. The purpose of this report is to formulate growth and development
projections based upon assumptions pertaining to the type, location, quantity and timing of various fixture land uses
within the community, and to establish and document the methodology used for preparing the growth and land use
assumptions.
ELEMENTS OF THE LAND USE ASSUMPTIONS REPORT
This report contains the following components:
I. Methodology -- Explanation of the general methodology used to prepare the land use assumptions.
II. Data Collection Service Area Maps (Figures 1, and 2) -- Explanation of division of the City into impact fee
service areas for roadway, water and wastewater facilities.
III. Base Year Data -- Information on population, employment, and land use for Anna as of 2014 for each capital
facility service area.
W. Ten -Year Growth Assumptions -- Population and employment growth assumptions for ten years by impact fee
service areas.
V. Summary -- Brief synopsis of the land use assumptions report.
Page 2of15
I. METHODOLOGY
Based upon the growth assumptions and the capital improvements needed to support growth, it is possible to develop an
impact fee structure which fairly allocates improvement costs to growth areas in relationship to their impact upon the
entire infrastructure system. The database and projections in this report have been formulated using reasonable and
generally accepted planning principles. These land use assumptions and future growth projections take into
consideration several factors influencing development patterns, including the following:
• The character, type, density, and quantity of existing development
• Existing zoning patterns
• Anticipated fixture land use (as shown on the City's Future Land Use Plan)
• Availability of land for future expansion
• Current and historical growth trends within the City
• Building permit activity trends
• Basic, Retail, and Service land use absorption rates
• Physical holding capacity of the City
• Known or anticipated development projects
Following is the general methodology used for the preparation of this report:
1. Update impact fee service areas as necessary for roadway, water and wastewater facilities (see Section II -- Service
Area Maps).
2. Collect/determine benchmark data on population, basic, retail and service land use as of 2014 (see Section III-- Base
Year Data).
3. Project population and basic, retail and service land use growth for ten years by impact fee service area (see Section
IV --
Ten-Year Growth Assumptions).
More detailed discussion for each of the above is contained within the respective sections.
Page 3 of 15
H. SERVICE AREA MAPS
Service Area Maps
Figure 1, entitled "Roadway Impact Fee Service Area Structure", details the two (2) service areas for roadway facilities.
Although the capital improvements plan and impact fees will be prepared as a separate document for roadway facilities,
the geographic boundaries of the roadway service areas are shown as Figure 1.
Figure 2 show the service areas for water and wastewater facilities. The boundary for water and wastewater facilities
service area is the combination of the existing city limits and the extraterritorial jurisdiction. Documents containing the
capital improvements plan for water and wastewater facilities will also be prepared separately.
Data Format
The existing data base, as well as the fixture projections, was formulated according to the following format
and categories:
Service Area Correlates to the proposed roadway, water and wastewater service areas
identified on the attached maps.
Housing Units (2014) All housing units including single-family, duplex, multi -family and group quarters. The
number of existing housing units has been shown for the base year (January 1, 2014).
Housing Units (2024) Projected housing units by service zone for January 2024 (ten-year growth projections).
Population (2014) Existing population for the base year (January 2014).
Population (2024) Projected population by service area for the year 2024 (ten-year growth
projections).
Employment (2014, 2024) Employment data is aggregated to three employment sectors and include:
Basic, Retail and Service. The following details which North American
Industry Classification (NAIL) codes fall within each of the three sectors.
Basic (#210000 to #422999) -- Land use activities that produce goods and services
such as those that are exported outside the local economy; manufacturing, construction,
transportation, wholesale trade, warehousing and other industrial uses.
Retail (#440000 to #454390) -- Land use activities which provide for the retail sale of
goods that primarily serve households and whose location choice is oriented toward the
household sector such as grocery stores, restaurants, etc.
Service (#520000 to #928199) -- Land use activities which provide personal and
professional services such as financial, insurance, government, and other professional
and administrative offices.
Page 4 of 15
III. BASE YEAR DATA
This section documents the City's historical growth trends and data from the base year of January 1, 2014.
This "benchmark" information provides a starting basis of data for the ten-year growth assumptions that will
be presented within the following section.
Population Growth
The existing and past population levels for Anna are depicted in Table 1. As indicated, between 1940 and
2010 the population growth has been substantial, increasing from 509 persons in 1940 to 8,249 persons in
2010. The 2013 estimated population estimated the North Central Council of Governments is 9,360 persons,
which represents a significant increase (13.5%) since the 2010 estimate. Currently, the total population is
estimated to be 10,300 based on the housing count prepared in this report. This estimate uses an average
household population of 3.15 and an occupancy rate of 94 percent. Additionally, within the City and the ETJ
the population is estimated to be over 13,632 persons.
TABLE 1
ANNA
POPULATION GROWTH
YEAR
POPULATION
1940
509
1950
525
1960
639
1970
736
1980
855
1990
904
2000
1,225 Y
2010
8,249
2013
9,360 **
2014
10,300 ***
* Source: U.S. Census
** North Central Texas Council of Governments Population Estimates
*** The January 2014 population estimate shown above was derived using data from this 2014 Land Use
Assumptions Report. Source: City of Anna
Existing Land Use
In any evaluation and projection of future land use patterns, a documentation of existing conditions is
essential. Documentation of existing land use patterns and population was made from the City's
Comprehensive Plan as amended and used as a base line for fixture growth projections.
Table 2 represents a summary of existing population and employment acreages for Anna and the associated
water and wastewater planning areas. The appendices detail data by various impact fee service areas.
Page 7 of 15
TABLE 2
ANNA
EXISTING POPULATION & EMPLOYMENT -2014
BY AREAS
Roadway Boundary - City Limits
Housing Units
3,479
Population
10,300
Total Employment Acreage
101.6
Basic Employment Acreage
37.5
Retail Employment Acreage
44.7
Service Employment Acreage
19.4
Water Boundary — City Limits and ETJ
Housing Units
4,604
Population
13,632
Waste Water Boundary— City Limits and ETJ
Housing Units
4,604
Population
1
13,632
Source: City of Amia
IV. TEN-YEAR GROWTH ASSUMPTIONS
Growth is characterized in two forms: population (residential land use) and employment (nonresidential land
use). A series of assumptions were made to arrive at reasonable growth rates for population and employment.
The following assumptions have been made as a basis from which ten-year projections could be developed.
_ Future land uses will occur as identified on the Future Land Use Plan adopted in 2010 with updates
_ The City will be able to fmance the necessary improvements to accommodate growth,
_ School facilities will accommodate increases in population, and
_ Densities will be as projected as detailed in the Comprehensive Plan.
The ten-year projections, or land use assumptions, are based upon the establishment of a reasonable growth
rate which is based upon past trends or other considerations. Given the impact on growth due to the economic
fluctuations in the late 2000's, analysis of annual growth based on data from building permit data and U.S.
Census was undertaken to provide further insight into growth trends experienced within the City.
The single-family building permit activity since 2005 in Anna has fluctuated with time, going from 506 in
2005 to as low as 7 in 2009. Table 3 represents this fluctuation in growth and the data used to find the average
number of permits over the nine-year period, of 232 building permits. Several different scenarios were
produced to estimate the fixture population using a range of building permits from 200 to 300 and also
percentage increases of 6, 7 and 9 as shown in Table 4. The scenario that best fits the last two years of
building permits and the anticipated growth is the 7 percent therefore it was the growth rate used for this
analysis.
Page 8 of 15
TABLE 3
ANNA
BUILDING PERMIT RECENT HISTORY
Year
Single Family
Building Permits
2005
506
2006
346
2007
148
2008
77
2009
7
2010
26
2011
100
2012
351
2013*
300
Average
232
*Projected for Years End.
SOURCE: Planning and Development Department
TABLE 4
ANNA
POPULATION PROJECTIONS
Year
200 unit/yr
300 units/yr
5% after 2013
6% after 2013
7% after 2013
9% after 2013
2014
10,300
10,300
10,300
10,300
10,300
10,300
2015
10,900
11,200
10,815
10,918
11,021
11,227
2016
11,500
12,100
11,356
11,573
11,792
12,237
2017
12,100
13,000
11,924
12,267
12,618
13,339
2018
12,700
13,900
12,520
13,004
13,501
14,539
2019
13,300
14,800
13,146
13,784
14,446
15,848
2020
13,900
15,700
13,803
14,611
15,458
17,274
2021
14,500
16,600
14,493
15,487
16,540
18,829
2022
15,100
17,500
15,218
16,417
17,697
20,523
2023
15,700
18,400
15,979
17,402 1
18,936
22,371
2024
16,300
19,300
16,778
18,446
20,262
24,384
Source: City of Anna
Page 9 of 15
FIGURA 3
ANNA
POPULATION PROJECTIONS
Source: City of Anna
The development of ten-year housing estimates were calculated using the seven percent growth rate derived
above. However the growth was not projected to occur evenly throughout the roadway service areas of the
city. While growth will generally occur throughout the city, the current city staff provided knowledge of the
key growth areas within the community.
Many new developments are in the plamiing phases with preliminary plats being currently submitted. The
following is a list of the major projects interests:
• Lake View Preliminary Plat —168 lots
• West Crossing Phase 4 — Final Plat Construction Plans under review — 70 lots
• Anna Crossing Phase 1 & 1B Preliminary Plat -175 lots
Anna Crossing Phase 1 Construction Plans under review
• Anna Crossing Phase 2A Construction Plans under review — 59 lots
• Discussions on future phase of North Point Crossing — 498 lots
• Discussions on Villages of Hurricane Creek— 1,008 lots
• Discussions on Oak Ridge — 2,635 lots
Page 10 of 15
Other conversations with developers are occurring regularly on other large land holdings. The ten-year
population estimates were determined by growing service areas to represent current development patterns
while also maintaining the 7 percent overall growth rate. The household growth figures are shown by
roadway service area in Table S.
TABLE 5
ANNA
PROJECTED GROWTH BY SERVICE AREA
SERVICE AREA
2014
HOUSEHOLDS
ANTICIPATED
DEVELOPMENT
PERMITS
2024
HOUSEHOLDS
ANNUAL
GROWTH RATE
2014-2024
A
123
595
718
19.29%
B
68
320
388
19.02%
C
1,704
625
2,329
3.17%
D
1,193
525
1,718
3.71%
E
522
650
1,172
8.42%
F
321
175
496
4.45%
G
184
535
719
14.60%
H
377
50
427
1.25%
I
104
50
154
4.00%
Total
4,596
3,525
8,121
5.86%
Source: City of Anna
TABLE 6
ANNA
TEN-YEAR POPULATION PROJECTIONS
Source: City of Anna
Based on values in the Anna Comprehensive Plan the commercial land use which includes retail and service
that Anna has is approximately 0.7 acres per 100 persons and the industrial (basic) category had 0.2 acres per
100 acres. The City has been underserved with retail/office space and the absorption rate is anticipated to be
closer to 1.4 acres per hundred persons with 1.2 acres per hundred for retail and 0.2 acres for service. Basic
land use per 100 persons is recommended to be .5 acres. It should also be mentioned that the location of the
Page 11 of 15
2014
2024
ROADWAY
SERVICE
TOTAL
AREA
HOUSING
NEW
PROJECTED
UNITS
POPULATION
HOUSING
HOUSING
POPULATION
UNITS
UNITS
1
2,752
8,148
2,015
4,767
14,113
2
727
2,152
1,350
2,077
6,149
Total
3,479
10,300
3,365
6,844
20,262
Source: City of Anna
Based on values in the Anna Comprehensive Plan the commercial land use which includes retail and service
that Anna has is approximately 0.7 acres per 100 persons and the industrial (basic) category had 0.2 acres per
100 acres. The City has been underserved with retail/office space and the absorption rate is anticipated to be
closer to 1.4 acres per hundred persons with 1.2 acres per hundred for retail and 0.2 acres for service. Basic
land use per 100 persons is recommended to be .5 acres. It should also be mentioned that the location of the
Page 11 of 15
basic, retail and service acreages are not distributed proportionately by area population but by zoning patterns
and anticipated developments.
TABLE 7
ANNA
TEN-YEAR BASIC/RETAIL/SERVICE
LAND USE PROJECTIONS
ROADWAY
SERVICE
BASIC
ACRES
RETAIL
ACRES
SERVICE
ACRES
TOTAL
ACRES
AREA
2014 2024
2014 2024
2014 2024
2014 2024
1
30.8 57
42.6 190
12.3 27
85.7 274
2
6.7 44
2.1 53
7.1 14
15.9 111
TOTAL 1
37.5 101
44.7 243 1
19.4 41
1 101.6 385
Source: City of Anna
V. SUMMARY
• Anna presently contains approximately 15.01 square miles of land within the City limits and a total land
area witivn the city limits and extraterritorial jurisdiction of 60.94 square miles.
• The existing population of Anna is approximately 10,300 persons, and the existing estimated acreage of
basic, retail and service is 101.6 acres within the City Limits.
• An average annual growth rate of 7 percent was used to calculate the Anna's ten-year population growth
projections.
• The ten-year (2024) growth projection of Anna is 20,262 persons, and the ten-year projected acreage of
basic, retail and service land use is 385 acres.
Page 12 of 15
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CITY OF ANNA, TEXAS
ORDINANCE NO. 690-2015
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODER. ORDINANCES PART 11, ARTICLE 49, SECTION 8 (WATER AND
SA12&ND %AR K kSEWER IMPACT FEES); PROVIDING FOR A PENALTY FOR ANY
,!,# LATION F THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR
07AVINGS,2i'll'
VERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
�FECTIV ATJ,AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
WHEREAq,., he Cityof na, Texas ("the City") has previously adopted ordinances,
rules and lilegulatio�s goy t ing water, sewer and other utility billing rates,
payments, ul tct'pra , including provisions related to impact fees; and
WHEREAS, the City �� T
and determined thOItt would'
citizens to amend Part 11, Arti(
Sewer Impact Fees) of The )
regard to refunds and local res!
NOW, THEREFORE, BE IT O
ANNA, TEXAS, THAT:
City Council ("the City Council") has investigated
IvR#tageous and beneficial to the City and its
ublic Works, Section 8 (Water and Sanitary
City Code of Ordinances ("Anna Code") with
ons; -
Section 1. Recitals Incorporated.
The above -referenced recitals are
purposes.
Section 2. Amendments.
In accordance with Part II, Article
amendments are made to Section 8 Ir
:D Bl E
CITY COUNCIL OF THE CITY OF
Section 8. Impact Fees on New Development
8.01 Purpose
in full for all
This section is adopted pursuant to the provisions of Chapter 395 of the TEXAS KCAL
GOVERNMENT CODE, V.A.T.S., as amended, as well as under the authority of Vii, le
11, Section 5 of the Texas Constitution, and applies to all new development withinle
corporate boundaries of the city and within its extraterritorial iurisdiction. This section
implements a policy of the City to impose fees on each New Development project to pay
the costs of constructing Capital Improvements and Facility Expansions necessary to
serve New Development. The provisions of this Section 8 shall not be construed to limit
the bower of the Citv to utilize other methods authorized under state law or Dursuant to
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 1 of 15
ift
other city powers to accomplish the purposes set forth herein, either in substitution or in
coniunction with this article. Guidelines may be developed by ordinance, resolution, or
otherwise to implement and administer this Section 8. Impact Fees established by this
section are additional and supplemental to, and not in substitution of, any other
requirements imposed by the City on the development of land or the issuance of building
per. - 1, or certificates of occupancy. Impact Fees are intended to be consistent with and
toOffifUrf r the policies of the City's comprehensive plan, Capital Improvements Plan,
ming OIinance, Subdivision Ordinance, and other City policies, ordinances and
esolution�w which the City seeks to ensure the provision of adequate public facilities in
coniunctio kith the development of land.
Aff 45:1-;Av
%n 201 adopted - -15)
8.02 De i nitions
For purpo of ttiollowing definitions apply:
Advisory Committeeseferred as Impact Fee Advisory Committee) means those
appointed by the #y;Cou q icy ovo advice to the City Council regarding Impact
Fees as required by the enabliiegis nn for this section.
Assessment means the determ* of the amount of the limpact Ffee that can be
collected on New Developmerasuant to this s"ion. "Assessable," whether or not it is
capitalized, means subject to 4 sessment. Cal, tions are based on the measure of
impact on demand for City faciliti . such avA ways and utilities, created by the Nevv
Development.
Capital Improvements means the following fi ties that ha a life expectancy of three
or more years and are owned and operated b on behalf ohe City:
(1) Water supply and distribution facilitie las water4gg facilities; and
storm water, drainage, flood control facilities as the ��a1e tofie construction of
Roadway Facilities; whether or not they are loc d��n t,04-0 Service Area; and
(2) Roadway Facilities.'
Capital Improvements Plan means a plan that identifies Capitalhr provem �s or Fadility
Expansions for which Impact Fees may be assessed, as adopted by the � from timeA-
time.
City means the City of Anna, Collin'County, Texas. ,05 e
2
for or construction of the same type Of fadfity.
3
Credit(s) means:
(1) When used in the context of determining the assessable Impact Fee per service
unit, an amount equal to:
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 2 of 15
(a) That portion of ad valorem tax and utility service revenues generated by new
service units during the Program period that is used for the Payment of
improvements, including the payment of debt, that are included in the Capital
Improvements Plan: or
;hob) In the alternative, a credit equal to 50 percent of the total projected cost of
implementing the capital improvements plan; o
l (2) Wf@ 4 b used in the context of determining the offset for Capital Improvements or
FaMitv Expansion, the amount of the reduction of an Impact Fee designed to
ik K refl- the value of any construction of, contributions to, or dedications of
apitAJ V
26 rr'provements or Facility Expansions agreed to or required by the City as
a B.0dition of development approval, pursuant to rules herein established or
WS66ant to Cit v,,!.0 uncil- Pproved administrative guidelines bV which value shall
r uce m- es Otherwise due from the development and which credits are
hg+:bpoafte�ddrrecll an "offset" or "offsets" to reduce the possibility o
c o n
Facility Expansioneate an of capacity of an existing facility (including
'QL
but not limited to len t nin ninrerouting a roadway) that serves the same
-&-
function as an otherwise necessa%A/.!U�u
Capital apital Improvement, in order that the existing
facility may serve New Developrgeffit: The term does not include the repair, maintenance,
modernization, or expansion o
fi�&V`6xisting facilityJ e
better serve existing development
APF
Final Plat Approval or Approval 63T-%kFinal P/ g%reans the point at which the applicant has
complied with all the conditions of doroyg d -�' ffil"k-b-as been approved by the City
and released by the City for recordA wit e count%g erk,
Impact FeeLsJ means a charge or Assessmd'Iimposed a0inst New Development in
i nk
order to generate revenue for funding or recov"Vg the costs of Capital, Improvements or
Facility Expansions necessitated by and attrili New'Pe-V' ment. The term
includes amortized charges, lump sum charges, MNli"al re-
contributions in
41
aid of construction, and any other fee that functions asci d his detition. The
Q
term does not include:
-M
ML
(1) Required dedications of land for public parks or payment
de in lie
OP
(2)
(2) Dedication of rights-of-way or easements, or the construction ori,"j"
., Vdation of
9001
Site or Off -Site water distribution, Wastewater collection or dndftidge faciliti r
streets, sidewalks, or curbs if the dedication or construction is required by lid
ordinance and is necessitated by and attributable to the New Develop
(3) Lot or acreage fees or pro-rata fees to be placed in trust funds for the pu se of
reimbursing Developers for constructing or over-sizing water or sewer maw., or
lines; or
(4) Other pro rata fees for reimbursement of water or sewer mains or lines extended
by the City. Land Use Assumptions mean a description of the Service Area and
projections of changes in land uses, densities, intensities, and population in the
Service Area over at least a 10-year period which has been adopted by the City
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 3 of 15
and upon which the Capital Improvements Plan is based.
New Development means the subdivision of land, the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or enlargement of a
structure; or any use or extension of the use of land; any of which increases the number
of Sia=ce Units.
t ans the amount of the reduction of an Impact Fee designed to fairly reflect
e value any construction of, contributions to, or dedications of a system facility
agreed to, required by the City as a condition of development approval, pursuant to
rules herffh estAftshed or pursuant to City Council -approved administrative guidelines,
1C due 'h be credited against Impact fees otherwise due from the developmen
for the sam i W-Warietv of Capital Improvement or System Expansion.
AM
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Off -Site moans locatpantiro
on property which is not included within the bounds of the
'ad ee Assessment.
plat bein s i d q.1010 r ljq-,I�
p7
_7W
AN
TO
a
On -Site means locat ast parally on the plat which is being considered for Impact
Fee Assessment.
Roadway Facilities means arterial qWIlector streets or roads that have been designated
on the City's officially adopted , OPThoroughfare Plan, together with all necessary
7MW
appurtenances. The term inclu- - - - - - he City's sharW
,p
f costs for roadways and associated
improvements designated o federal or s highway system, including local
matching funds and costs relate ',,.-,-,Ufility [in ocation and the establishment of Curbs,
gutters, sidewalks, drainage appur _Mc nd a TE ay. The term includes but is
not limited to interest in land, traffic IaA' %
c*-, gutterg-ffintersection improvements,
traffic control devices, turn lanes,drainage facil" s associate the roadway or street
P0
lighting.
Service Area means:
NIM,
I WWRINW-1 AM
(1) for water supply treatment and distribution fa 1 ter collection and
treatment the entire area within the corporate limitsthe Clfq;�' '
'and its
extraterritorial jurisdiction to be served by the Capital Imp ments anfi- ilities
11
expansions specified in the Capital Improvements Plan,
4M
(2) for Roadway Facilities: each individual Service Area designated trithe CapJ
Improvements Plan served by the Roadway Facilities design 4 in the Capt
Improvements Plan. The Service Area is limited to an area within the cor7�te
A,
boundaries and shall not exceed six miles. '1111,�
(3) for drainage facilities: the Service Area is limited to an area within thecoi orate
boundaries and its extraterritorial jurisdiction,but shall not exceed the tuaI
served by the storm water, drainage and flood control facilities designated in fie
Capital Improvements Plan but shall not extend across watershed boundaries.
The boundaries of any Service Area may be amended from time to time pursuant
to section 8,03(e) below.
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2016 Page 4 of 16
Service Unit means for purposes of Impact Fee Assessment the applicable standard
units of measure shown on the conversion table in the Capital Improvements Plan and
limpact Ffee calculation which can be converted to equivalent single family residential
PM peak hour average vehicle trip ends per acre for Roadway Facilities and 3/ inch
water meter equivalents as the context indicates, which serves as the standardized unit
of rp sure of consumption or discharge for water and wastewater facilities and based on
h �drM',g ata and trends during the previous 10 years.
Sanitary Wer Facility means an improvement for providing wastewater collection,
including not,�mited to, land or easements, lift stations, or interceptor mains. Sanitary
Sewer Ppi itydudes lines or mains which are reimbursed from pro rata charges paid
C�petopeor owners of property in other subdivisions as a condition of connection to
or use osfich facility_ The term "Sanitary Sewer" may also be referenced as
Water Faciptiansimpfo�lment for providing water supply, treatment and
distribution services tilling bu of limited to, land or easements water treatment
facilities, water supra" facihf� nater distribution lines. Water Facility excludes water
lines or mains whici are contefed Developers the costs of which are reimbursed
from prorate charges paid by Develp yrs or owners of property in other subdivisions as a
condition of connection to or use s' ch facility,
(Ord. No. 476-2009, adopted 09)(Ord. No 9-2094. adopted 9-23-94)
8.03 Advisory Committee
ffigr V
(a) The Capital Improvements Advisory'Com[ittee (Advisof Committee) shall consist
of seven Persons selected by the City Co9N cil, including t least one representative
of the real estate, development or building iustry who is not an employee or official
of a political subdivision or governmental eni t y Iimpaet-F.R., to be applied in
the extraterritorial jurisdiction of the City, a representatfvJ-Rrohe area shall be
appointed by the City Council. � � ' k
(b) The Advisory Committee serves in an advisory capacity ands establish c#o; (1)
advise and assist the adoption of Land Use Assumptions 2) review t4`eI'apital
Improvements Plan and file written comments; (3) 0nitor3 evalite
implementation of the Capital Improvements Plan; (4) file semi -anis reports wit
respect to the progress of the Capital Improvements Plan and ort to the,��t i
Council any perceived inequities in implementing the plan or imposing the 14--, ct
Fees; and (5) advise the City staff and Council of the need to update or r& elf ft.
Land Use Assumptions, Capital Improvements Plan and limpact F#ee. ry
(c) All professional reports concerning the development and implementation
Capital Improvements Plan shall be made available to the Advisory Committee.
(d) The Advisory Committee shall elect a chairperson to preside at its meetings and a
vice chairperson to serve in their absence.
el Periodic Updates Reauired.
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 5 of 16
{#� The Land Use Assumptions and Capital Improvements Plan shall be updated at least
every five years, and updates may include but are not limited to modification of the
boundaries of Service Areas. The currently effective Land Use Assumptions and
Capital Improvements Plan are incorporated herein by reference and shall be
at.-omatically superseded by updated versions as each becomes effective, without
r. amendment of this Section 8. The City may review its Land Use Assumptions,
Capita Improvements Plan, and other factors such as market conditions more
z frequently than as provided by this subsection to determine whether any update is
approo to and if any recalculation of Impact Fees is necessary, or whether anx
Impact}ee.ah`N6uld be increased, decreased, or otherwise recalculated.
No 6 2009 adopted 11-10-09) (Ord. No. _-2095, adopted _ =-15)
8.04 Ict Fee R.40i , ceptions
x} a
w.
(a) Water airlrqa4Feesall be assessed for New Development at the time of
Approval of a Fin",a` �le family residential aFe released for FeGordatio
and are due ar �ayabC�t tztime a building permit is issued, or for land platted
outside the corporate limifsthe�rne an application is filed for an individual meter
connection to the water or was#neat system. Water and sewer Impact Fees for
other than single family resei#al shall be assessed at any time and shall be due
and payable prior to conne,tt to the City's wester or sanitary sewer. Irrigation meters
in single family residential aeadditional Sere Units and will be assessed and fees
collected at time of connecti- o the Crt water or sanitary sewer. Except as set
forth in City of Anna Ordinance i`o 6 01--:pded, Roadway Impact Fees
shall be assessed for New Develo n time al Plats are released for
recordation and due and payable at the till a building p mit is issued. No building
permit shall be issued unless the applicant --has paid all pact Fees assessed and
due; provided, however, that said prohibition issuance of building permits shall not
apply when deemed appropriate by the City lafd nl oto the extaflf�a ovided for under
a written development agreement.
e
(b) Once an assessment has been made for New Develop001
m9 � a tract;--' dditional
Impact Fees or increases in fees shall not be assessed unless -Aloe approved], ft l plat
expires or lapses under applicable ordinances or law or owner fio� jo
change the approved development by the submission o�' a new���velopmdnt
application or application to increase the number of Sservice Uunit. which cas
the (impact F#ee will be reassessed for increased meter size o-4 itional meter WZ
Sservice Uunits at the limpact F#ee amount as assessed at tlaatthe time o
application. ,
(c) Following the lapse or expiration of a final plat covering any area of undeoped '
property that has been approved or a final plat deemed approved due to t
failure to act, a new assessment shall be performed at the time of a new final plat
approval in accordance with this ordinance, as amended.
{e) fAl Except for Roadway Facilities, Impact Fees may be assessed but not collected for
property where service is not available unless:
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 6 of 16
4
(1) The City commits to commence construction of necessary facilities identified in
the Capital Improvements Plan within two years and have service available in five
years; or
(2,) The City agrees in writing to permit the owner of the property to construct or
�MJinance the Capital Improvement or Facility Expansion and agrees that the costs
-V incurred or funds advanced will either:
be credited against the Impact Fees otherwise due from New
Development; or
A
reimburse the owner for such costs from Impact Fees paid from other New
Developments that will use such Capital Improvements of Facility
Expansio-6 in which case fees shall be reimbursed to the owner at the
time c of] ei ed.as other New Development plats are recorded; or
(iii) " r 'bwneO-V;lunf6fily requests that the City reserve capacity to serve
6��Qb
future pment'$�Ad enters into a valid written agreement.
{d) (e) The owner of proper there is a recorded plat may enter into an
agreement with the_City p if ' r the time and method of payment of Impact
Fees, which agreement shall,_ it over the provisions of this section.
]v
Al"
(Ord. No. 671-2014, adopted Q .714)(Ord. No_M_ ` p -2015, adopted -15)
7-�
1
8.05 Calculation and Assessmen IrnP#- Fees;
'Wk
(a) 4n,+paGt-F-ee-s-fer-wafer-and-sanit hall--be-determine4-by
r
muitplying4-he-numbe-r-of-Se4v4Gc-LJt4'�t-eq alents-i -epesed-develepment by
the-amount-per-SePAGe-Unit--e ale due-by-referringI- SGhedule-s A
VVate4A/a&tewester— e vai&nGy-Table-and-dG6 4"6.304 et-foFth
in-Anna-Cede-,-P-at4-t�Ghedule-ef-F-e&&,A4iGI e maximum Imr)act
--- '-'
Fees for the water and wastewater facilities are cal '."er)afyfeIv bv,dividing the
cost of the Capital Improvements or Facility Expansions necessitated an&- ributable
to New Development in the Service Area within the ten-year. 0_I16nning per r by the
number of Service Units anticipated to be added to the OW within saicf-%6 Vear
period as set forth in more detail in the Capital ImproM-nents R1,4ff whi6Wi
incorporated into this Section 8 as if set forth in full for all purposes.,41F' amounts df'.'�-
water and wastewater Impact Fees to be assessed and collected am each sizeW
type of water meter are as set forth in Schedule A - Water/Wastewater Equivar cy
Table and Schedule B -Impact Fee Rates, as set forth in Anna Cocle,_],-�. `VV, --
Schedule of Fees, Article 7, Section 13, as amended or recodified.
(b) Roadway Impact Fees shall be determined and assessedasset forth in City 0 --na
Ordinance No. 671-2014, as amended.
I
(c) Assessment of Water and Sanitary Sewer Impact Fees.
(1) In the event that a change in the plans for a New Development reduces the total
number of Service Units and the C�it
� staff determines that there is a
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 7 of 15
AMP,'
corresponding reduction in that same New Development's impact on demand for
services, the City will provide a proportionate credit or offset against Impact Fees
assessed in that same New Development.
(2) Vacating a plat or submission of a replat shall require a new Assessment to be
,A,made usinq the Impact Fee amounts in effect at the time of Final Plat Approval.
d M
jW 13) A roval of an amended plat pursuant to Texas Local Government Code
T, 16 or the City's subdivision ordinance will not require a new Assessment so
to My'as the use of the property remains identical and there is no increase in the
_Aafk redAA r size or meter type, or other measure of Service Unit, for any use
ithInAH, M development.
1
(d) Exce6f s may be 01IQ2ided otherwise in this section, the assessment and collection
of arf npact Fee:allb%additional and supplemental to, and not in substitution of,
-h
any or tax ,fay, -char400-0 assessment
(e) With the express awal of th,--'. itv Council, the City may elect to pay all or any part
of the Impact,&F.6
_ies a%uJokAf New Development taking into consideration the
available Credits and Offsj&tWM-`CriLe_f "and guidelines relating to this subsection may
be developed by City staff. OW
-M
(Ord. No. 476-2009, adopted 0-09) (Ord. 67j! 2 14, adopted 9-23-14)(Ord. No.
g
MOT
2015, adopted_- 15)
ZAP
AW
'
A
8.06 Credits and Offsets pAM
400
(a) Any construction of, contributions to, or d -I- fcations of t 7,4 facility appearing on the
f
Capital Improvements Plan which is req
d by the to be constructed by the
owner as a condition of development s be credited aga� he Impact Fees
otherwise due from the development or m
laimed ffset to reduce
Impact Fees which arise from future Assessment(s). or act Fees due an
owner in one category of Impact Fees may not et lm%qt Fees in
.-
another category. The City shall assigreasonable e for ffik, Capital
Improvement or System Facility, in either dollars or Servicdl , )nits, whichNIffinay be
a7
claimed as a Credit or Offset. 41h,
M
section,
(b) Subiect to Agreement, As an alternative to the foregoing
W
City and owner may enter into an agreement providing that, in addition to the Credit
C
and Offsets, owner will be reimbursed for all or a portion of the costs of such f I
from Impact Fees received from other New Developments that will use s
Improvements of Facility Expansions.
(G) An owner shall be entitled to a Credit against any Gategory ef lMpaGt Fe
any Fitten agreement between the Gity and the owner.
(d) No Credit fGF GonstruG n of ny f-dity shall eXGeed the total arneunt Gf 1mpaGt Fe
due frem the developme f4.'sap_��_ r___at_e'q*ery of
(c) Maximums. No Credit for construction of any Capital Improvement or Facility
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 8 of 15
ii -
Expansion shall exceed the total amount of Impact Fees due from the associated
New Development for the same category of Improvements. No Credits or Offsets
shall exceed the documented and City -approved costs to the developer of the Capital
Improvement or Facility Expansion which was dedicated to and accepted by the City,
or exceed the amount of a direct monetary contribution actually delivered to and
gepted by the City. The costs used to calculate credits or offsets shall not exceed
tos assumed for the Capital Improvements included in the Capital Improvements
y Plant -Impact Fees for the category of facilities within the Service Area for which the
Im ac�Ree is imposed, unless otherwise provided for by agreement and a suitable
amendffient to the Capital Improvements Plan is first adopted.
sARMS
MOO,Wawa T.h#�amount of Credit or Offsets available to an owner shall be calculated at
tie tirrMat the facillty or contribution has been accepted by the City. No Credit or
Offse4nay be awaed unless the corresponding Capital Improvement or Facility
Exi)Aion is refiwi d in he Capital Improvements Plan effective at the time of the
a pliftwn. R inesAw _sf 61ished by this section may be extended in the sole
discreti rvrt�o�h�e Cit �o allo��dditional time for an appropriate amendment to the
Capitallmprovem t� lan.
A MW
All
(e) Expiration. Creits and bes creed pursuant to this section as amended shall
expire within ten years from the -/,c[ fe the Credit or Offset was calculated pursuant to
this section. 1 F
(f) Application Required. Th plicant seekin-cof claim any Credit or Offset applicable
to the Impact Fees for New BWelonment hast submit a petition to the City either at
the time of application for MnOPlat App val ue r time of connection(s) to the
City utility system, whichever occur 'st. T b�= etition `� Credits or Offsets shall
be in the form required by City administratio nd shall s,.. ificallV ldentifV the Capital
Improvement(s) and Facility Expansion claimed asehe basis for the claimed
Credits or Offsets and identify the deve '` ment s for which the applicant seeks to
apply whatever Credits or Offsets that co rded. Their shall provide the
applicant, in writing, with a decision on the reg0estsfor pits c=0ffsets including
the reasons for decision within ninety (90) days Ng -
is,
4-O'complete, or if the
amount of Credits or Offsets claimed in the pets ion cane deteAhned with
certainty until additional time has passed, that petition M be deniecr%mthe
applicant must resubmit a new petition before any Credit or Oset will be awed
(g) Redemption of Credits or Offsets. � PP
x
(1) A Credit or Offset may be redeemed at the time of issuance of the buildinad it
or at the time of connection to the City's utility system, whichever occur&'.081.
City Council may determine with respect to each final plat it a roves -* a case��;
by -case basis, whether such redemption, as relates to service units Min that '
final plat, shall: (i) apply to the full amount of a category of Impact Fees thaf wuld
otherwise be collected until the offset or credit for such category has b n
exhausted with Impact Fees becoming due thereafter being collected at the full
amount assessed: or (ii) be accomplished by evenly reducing the amount of all
Impact Fees within a category such that exhaustion of the credit or offset occurs
as the result of a percentage reduction of all Impact Fees within such categorV.
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 9 of 15
N
Rlk
(2) Any Credit(s), Offset(s), or any rights to reimbursement or refund relating to
Impact Fees, including those established by an agreement employing or
modifying any provisions of this section, shall terminate or be payable, as the
case may require, on September 30 of the final year of any right to such Credit,
Offset, reimbursement, or refund. Any payment(s) to a developer required
(3)
No.,2015,
8.07 Acunting
(a) All Impaot Id:
interest-bearing
Facility Expansj
is adopted.
(b) Interest earned will be
restrictions on expenditt
Interest
(c) Impact Fees and the interest
for which such fees were im
deposited by the City's Finance Department in
ntifying the category of Capital Improvements or
ponding Service Area for which the Impact Ffee
,d -to the same account and is subject to the same
the funds generating such interest.
expended only for the purposes
- ttal Improvements Plan. The
to ensure that Impact Fees disbursed fro��each accouffffi are utilized solelv for the
ed
deposited into the account.
(d) The records of the accounts into which Impact Fees are depted shall been for
public inspection and copying during ordinary business hours he City ma �'rh e a
fee for copying services in accordance with the Texas Public'nformatiQ,0%ct or ott er,
law or ordinance, as applicable.,l ;'
(Ord. No. 476-2009, adopted 11-10-09) (Ord. No. _-2015, adopted,_, 1
8.08 Refunds
(a) On the request of an owner of property on which an Impact Fee has been paid, `y;
Impact Fees shall be refunded if existing facilities are available and service is denied,
or, if service was not available when the Impact Fee was collected and the City failed
to commence construction of facilities required for service within two years of
payment of the fee, or if service was not available when the Impact Fee was collected
and construction is not complete within a reasonable time considering the type of
Capital Improvements or Facility Expansion to be constructed, but not said
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 10 of 15
AM
reasonable time not to exceed in any event more than five years from date of
payment of the fee.
(b) Any Impact Fee funds not expended within 10 years after payment shall be refunded.
An Impact Fee collected pursuant to this section shall be considered expended if the
el"Ab
ex enditures for Capital Improvements or Facilities Expansion authorized b this
Mon the total fees collected for such improvement expansions during
such 0.6-riod.
(c) If a refund is due pursuant to this section, the City shall prorate the same by dividing
the Aff rencaeetween the amount of expenditures and the amount of the fees
fed,, the total number of Service Units assumed within the Service Area for
the eri.64"to determine the refund due per Service Unit. Refunds shall bear interest
calcglMed from thudBe of collection to the date of refund at the statutory rate set
forth( Section 3Q02 TAX. FIN. CODE or its successor statutes.
r '
(d) All refurfe mLda to tlrowner of record at the time the refund is paid. If,
however, th ImpapF ees werd aid by another political subdivision or governmental
entity, paymen all he political subdivision or governmental entity.
(e) If the building permit for a New Rlopment for which an Impact Fee has been paid
has expired, and a modified o.:ew application has not been filed within six months of
said expiration, the City shaon written apptcgation, refund the amount of the
Impact Fee to the applicari e Citv mav e�lish guidelines for refunding of Impact
Fees collected for which cons option plan`ave been abandoned.
A.
.�
y
(f) An entitlement to reimbursement5ofm acts aid i ccordance with this section
shall expire no later than six months . ollowi 0 c mpletionft all development subject
to the plat with which the Credits et
or Offs " are assoc ded. If a developer or
owner does not submit a request for refun (.Impact Fees during that six month
period, any right or entitlement to refund is wA d the fund deemed
x' .�- 'g
-K4
dedicated to the City. ��� ,
h
(Ord. No. 502-2010, adopted 7/27/2010) (Ord. No. _-2015, acro A-
8.09
_ 5)
8.09 ReservedUse of Proceeds of Impact Fee accounts
N
(a) Impact Fees shall be accounted for on a "first in, first out" basis, suchtl 1
expenditures made using account funds shall consume the oldest d Eosits beforgd
more recent deposits. This method of accounting shall not affect eligibility fora and
provided for by Section 8.08(a) above.
(b) The Impact Fees for each Service Area pursuant to this section may be usedt
finance or recover the costs of any Capital Improvements or Facility Expansions
identified in the applicable Capital Improvements Plan for Impact Fees for the Service
Area, including the contract construction price, survey and engineering fees, land
acquisition costs (including land purchases, court awards and costs, attorney's fees,
and expert witness fees), and the fees actually paid or contracted to be paid to an
independent qualified engineer or financial consultant preparing or updating the
Capital Improvements Plan for Impact Fees who is not an employee of the City.
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 11 of 15
4,
5
Impact Fees may also be used to Pay the principal sum and interest and other
finance costs on bonds, notes, or other obligations issued by or on behalf of the Cit
to finance such Capital Improvements or Facility Expansions.
(c) Impact Fees associated with roadways may be used to reimburse the reasonable
cits associated with construction of drainage improvements for streets in the same
AIM ce Area and included on the Capital Improvements Plan.
M
(d) Impact-'-- es collected pursuant to this section shall not be used to Pay for any of the
follow iM�' expenses:
onsff-b- on, acquisition, or expansion of capital improvements or assets other
thatose identified in the applicable Capital Improvements Plan for the Impact
F A
e--'
s at issue: glAIE
OR
2
A&
(2) BR ftfta air o 'on. -of tenance of existing or new Capital Improvements or
F a 6 WiW nsio
(3) Upgrading, n ingl:-A-r aciriq existing Capital Improvements to serve
existing development iii=sir er to-M-1`6et stricter safety, efficiency, environmental, o
regulatory standards; W
(4) Upgrading, expanding 02cina existim.,Capital Improvements to provide
better service for existi-.1 . F velo
pment:,Pt-,Divided, however, that Impact Fees may
expanding,
be used to Pay the cost or replacing Capital grading,
Improvements in order to mei' the ri d fond capacity generated by the
corresponding New Development
(5) Administrative and operating costs of tfe City.
Rd
M
(e) The City may finance Capital Improvements ar ilthes Expanall desianated in
the Capital Improvements Plan as relating to Impac_Feest rotgh e issuance of
bonds, through the formation of public improv ment-A-W&Mor r asse-ssment
districts, or through any other authorized mechanism,- in s % 'n r n
such QW iect to
such limitations as may be provided by law, in addition to use Affimpact Fee x
(Ord, No. 671-2014, adopted 9-23-14)(Ord, No. -2015, adopow"I'L,- F , 9
Al
8.10 Local Restrictions
Under a duly adopted development agreement the City Council may, for the pt- S
promoting economic development within the City, forgo its entitlement to colt om
or all of the Impact Fees that would otherwise become subject to collection unefrthis
Section 8.
(Ord, No. 138-2004, adopted 412712004) (Ord. No. 476-2009, adopted 11-10-09) (Ord.
No. 502-2010, adopted 712712010)
8.11 Appeals
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2016 Page 12 of 16
(a) The property owner or applicant for development may appeal the following
administrative decisions to the City Council:
(1) The applicability of an Impact Fee to the development;
g-
& ) The amount of the Impact Fee assessed or due:
n
rihe availability of, the amount of, or the expiration of a Credit or Offset;
he application of a Credit or Offset against an Impact Fee due;
401,
Tllamount of the Impact Fee in proportion to the benefit received by'New
bevelopment• or
WN,
a
The amog& refund believed to be due.
AV
gy
®R
W
A
W
(b) The bur b
'd I e M-Ahe appellant to demonstrate that the amount of the
--gh
fee or the amountoo"-fiffiboffset Wmredit was not calculated according to the
applicable schedA oflit a s or the adopted guidelines for determining Credits
and Offsets.-
N'
(c) The appellant must file a noti appeal with the City Secretary within 30 dans
following the decision servi s the basis forte appeal. If the notice of appeal is
accompanied by a bond orber sufficient iEmr0-fv satisfactory to the city attorney in an
amount equal to the original d"rminatio he Impact Fee due, other matters
relating to the development appffi&-tio 1) X-1, He the anneal is pending.
Off
FaV
8.12 Agreements for Capital ImprovementsmrcilitE Wansions
,
(a) An owner of a New Development may cons "ft- t or finance a Capital- Improvement or
Facility Expansion designated in the Capital I ents Wamfflxnpact Fees, if
required or authorized by the City, by entering into a M�-�re& ent with the City
prior to the issuance of any building permit for the dOWI51ftnt.%-7-iffe ameament shall
be on a form approved by the City, and shall identify the estiiyw cost of the
improvement or expansion, the schedule for initiation and co m Iffibetion of the
improvement or expansion, a requirement that the improverngnif be desiq I k Oa6ft
completed to City standards and such other terms and rnnrjWKn--' qq d" ��d
necessary by the City. The facility agreement shall provide for the rn-effifffi' to be use
to determine the amount of the offset to be given against Impact Fdwdue for the
development.
(b) In the event that the cost of any improvements constructed exceeds the Imct Fee
to be collected for the New Development, the terms of any potential reimburse t
shall be incorporated in the agreement required by subsection (a). Such "V66-16
reimbursement agreements shall take into account the Proximity of the New 111P
Development to existing infrastructure and may require a repayment schedule which
is based upon actual connections to the improvements constructed. Reimbursement
agreements shall further be based on and made subiect to the availability of city
funds from all sources including current and projected Impact Fee fund accounts.
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2016 Page 13 of 16
(c) All such agreements shall include clauses which are substantially equivalent to the
following:
(1) The determination of the amount of Credit, Offset, or other compensation due to a
developer or owner in accordance with an agreement under this section, and all
m. related calculations shall use the Service Unit values in effect at the time that the
%areement was executed.
A q
-
WWW
(2) Anilermination or reduction in the City's authority provided by state law to
imMse Impact Fees shall terminate or correspondingly reduce any obligation of
tifeitvt ake Payments under the agreement.
Wt
&
A
W
RWA
-An m lement to reimbursement of Impact Fees paid in accordance with the
ag ment shall: vire no later than six months following completion of all
,:7
d4kelopment,alffilbct to the final plat with which the Credit(s) or Offset(s) are
a ciate eve
d -a ter, or owner does not provide written notification of a
re6W8 m M- ti PheIatinq to the agreement during that six month period,
any righfor entgent to rMind is waived and the corresponding funds are
dedicated toggdH'
'S
M 4
(4) Execution of any reimburse AP reement pursuant to this section shall
automatically terminate art
)Q May's entitlement to a Credit, Offset, refund, or other
compensation correspo = q to the subiectdevelopment other than those
expressly provided for&7rein.
(5) Termination of any a reerJAI-ente-WI-Intoun his section, if it occurs prior to
the full development of the subjelc
i)er-.tV--' shall A& maticallv terminate anv
entitlement to Credit(s), Offset(snor oth6Ecompensa 1, -,- pursuant to that
agreement. Thereafter, any and all NeW76IDevelopmen'r
with the corresponding
plat shall be subject to Impact Feesin 9b"bordgme imW fh= fcap schedule in effect
as of the date of termination, M
P ME
8.13 Relief Procedures. -ata OF
(a) Any person who has paid an Impact Fee or an owner of la i on whicILI
Impact Fee has been Paid may petition the City Council t,_"� term ine WORK
M
, � t -any
'
duty required by this division has not been performed wi*6 the time cril3ga�
for its performance. The petition shall be in writing and shall descrWIP ith
specificity the nature of the unperformed duty, all pertinent factsd- Tiinq to the
duty, and request that the act be performed within 60 days. If the City Council."
determines that the duty is required pursuant to this ordinance and is lat
performed, it shall cause the duty to commence within 60 days of the d
request and continue until completion.'
(b) Upon written request by a developer or owner of property subject to this secti
the City Council may grant a variance or waiver from any requirement of this
section, following a public hearing, and only upon. finding that a strict application
of such requirement would, when regarded in consideration of all applicable
circumstances, result in confiscation of Property.
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2016 Page 14 of 16
(c) If the City Council grants a variance or waiver to the amount of the Impact Fee
due for a New Development under this section, it may cause to be appropriated
from other City funds the amount of the reduction in the Impact Fee to account for
loss of funds to the Service Area in which the correlating property is located.
The City Engineer, or his designee, may make interpretations of this section
A -RM%, erninq the required equivalencies or Service Units corresponding to a tract
may, through a signed writing describing the relevant calculations, reduce the
amhunt of an Impact Fee to be assessed against a property.
.=w (Ord. Nay y 20, adopted ••- -15
Sec�ol��.
Any violatiod' f any of t�h� Wrms of this ordinance, whether denominated in this ordinance as
unlawful or r t shall eerrjg y (Misdemeanor. Any person convicted of any such violation
shall be fined 1r .� c untffltogged $2,000 for each incidence of violation. Each violation
is considered a separate fe and be punished separately.
Section 4. Savi
ling Clauses.
All ordinances of the City in conflict�th' the provisions of this ordinance are repealed to the
extent of that conflict. If any proton of this or nance shall be held to be invalid or
unconstitutional, the remainder of h ordinance s1ontinue in full force and effect the same
as if such invalid or unconstitutional �R vision h a =ever been a part hereof. The City declares
that it would have passed this ordinal' an ach e ubsection, sentence, clause, or
phrase thereof irrespective of the fact that oo morft.., ection, subsection, sentence,
clause, and phrase be declared unconstituticslial orfcralid.
Section 5. Publication of the Caption Hereof nd Effective "bate
This ordinance shall be in full force and effective fromid aftt pEsage and upon the
posting and/or publication, if required by law, of its captic�#e C Secretary is hereby
directed to implement such posting and/or publication.a
PASSED by the City Council of the City of Anna, Texas, this 9th dayJune 201
ATTESTED: APPROVED:
Mirenda McQuagge-Walden, Mike Crist, Mayor
Acting City Secretary
(ale �y4'
CITY OF ANNA, TEXAS ORDINANCE NO. 690-2015 Page 15 of 15
CITY OF ANNA, TEXAS
ORDINANCE NO.
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 II, 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.,2S(p 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) = $702.00
Service Area 2 (maximum $616.50) = $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 (e)(anapie):
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.'742 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 /0�1� day of �I.ru 2018.
ATTESTED:a`F A'vAPPROVED:
Carrie Smith, City Secretary MeRhan Pike, Mayor
CITY OF ANNA, TEXAS ORDINANCE NOJY6 Page 3 of 3
M ENUIES OF
CITY OF ANNA AGENDA NOTICE -- CITY COUNCIL WORKSHOP
September 23, 2014 6:30 p.m. — Anna City Hall Administration Building
ncil of the City of Anna met in Workshop Session at 6:30 p.m., September
the Anna City Hall Administration Building, located at 111 N. Powell
y 5), regarding the following items:
Mike Crist�lled the meeting to order at 6:30 pm.
2. R74 a % stabl;ls ent of Quorum.
Mayorvlke Cawand Coiil Member James T. Cook, Lauren Lovato, John
Beazley, ChNAM a Bryan and Dick Dowd were present.
A.
3. Briefing/Discussion regardW'Apast Fork Circle paving. (City Manager)
Philip Sanders, City Mger presenteditem to council and answered
questions. ,
4. Briefing/Discussion regarding imRrvemn_75. (City Manager)
Philip Sanders, City Manager
questions.
5. Briefing/Discussion regarding
(City Manager)
the item Ab council and answered
Philip Sanders, City Manager presented the item to
questions.
plant.
Council Member Barnes made the motion to enter closed session" 7:05
Council Member Bryan seconded the motion. Motion passes. Aff
AYE 7 NAY 0 ABSTAIN 0
6. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter551,
the City Council may enter into closed session to discuss any items hst*Qr
referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts
09-23-14 CC Workshop Meeting Minutes.doc 1 09-23-14
with Chapter 551 of the Government Code ('l'ex. Gov't Code
4551.071);
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way, easements, and land for municipal facilities;
discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial
information that the City has received from a business prospect
that the City seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the City is
cond>tf�`$ting economic development negotiations; or (2) To
dj#6 i'rate.the offer of a financial or other incentive to a business
*ospec10
ribed by subdivision (1). (Tex. Gov't Code 4551.087
J; prp d riftntial and retail developments;
The council further r
time throughout any di
the Open Meetings Act.
Council Member Bryan made thfe-Ync
Council Member Lovato seconded the
onnel matters: City Secretary Annual
Manager Annual Review; Boards and
inter into executive session at any
under any applicable exception to
Consider/Discuss/Action on any items listed of
23 2014 City of Anna City Council Regular P
occurring during this Workshop, as necessary.
Council Member Barnes made the motion to take no
Dowd seconded the motion. Motion passes.
session at 7:28 pm.
Council Member Barnes made the motion to adjourn at 7:29 pm. Council
Bryan seconded the motion. Motion passes.
AYE 7
NAY 0 ABSTAIN 0
09-23-14 CC Workshop MeetingMinutes.doe 2 09-23-14
ATTEST:
APPROVED:
/1 0
09-23-14 CC Workshop Meeting Minutes.doc 3 09-23-14
MINUTES OF
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING
September 23, 2014 7:30 p.m. — Anna City Hall Administration Building
The City Council of the City of Anna met in Regular Session at 7:30 p.m., September 23,
20MA the Anna City Hall Administration Building, located at 111 North Powell
tr way �y+'3' 5), to consider the following items.
Welcome tp he City Council Meeting. Please sign the Sign -In -Sheet as a record of
ttendan,If yiwish to speak on an open -session agenda item please fill out the
�pfpe Registration Form and turn it in to the City Secretary before the
meeting staW
1 all to 01 r
Myc�i Finliket callede meeting to order at 7:30 pm.
2. Invocatit'& and
Mayor Mike Crist gave
3. Citizen comments. Wizens are allotgo, minutes to speak. The Council. is
unable to respond toliscuss atlosues that are brought up during this
section that are not on tagenda`otheIt�o make statements of specific
factual information in respo t e to a � zen's iry or to recite existing
policy in response to the inquiry. 45,
µt
No Citizen comments.
4. Receive reports from Staff or the City C5undl iteins of community
interest. Items of community interest ideprsions pf thanks,
congratulations, or condolence; information regar it g_,a iol, ay sbh dales;
an honorary or salutary recognition of a public offici public em p�e or
other citizen (but not including a change in status of person's p lc 0
or public employment); a reminder about an upcomi ig even, nized or
sponsored by the governing body; information rega, g a socia
ceremonial, or community event organized or sponsored ban entity r
than the governing body that was attended or is scheduled to be atte�
a member of the governing body or an official or employe' tit
municipality; and announcements involving an imminent threathe
public health and safety of people in the municipality that has arisenfer
the posting of the agenda.
October 7, 2014 is National Night Out 6:00 to 8:00 pm. Reminder of a Special
Workshop Meeting September 30, 2014 regarding The Villages of Hurricane
Creek,
09-23-14 CC Regular Meeting Minutes.doo 1 09-23-14
5. Consent Items. These items consist of non -controversial or "housekeeping"
items required by law. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent
Items.
a. Approve September 2, 2014 City Council Special Minutes.
b. Approve September 9, 2014 City Council Regular Minutes.
7:38 pm. There was no public comment. Mayor Crist closei the public v
hearing at 7:38 pm.
(b) Consider/Discuss/Action regarding 11SASM" Investment Addition"
Final Plat. (Maurice Schwanke)
09-23-14 CC Regular Meeting Minutes.doc
09-23-14
Council Member Barnes made the motion to approve. Council Member Bryan
seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
8. Consider/Discuss/Action regarding an Ordinance adopting Road Impact
Fees. (Maurice Schwanke)
Eturice Schwanke, Director of Planning and Development presented the item
council and answered questions. Council Member Bryan made the motion
approve establishing the maximum rate for each service area and adopt the
,essm nt rate of $333.34 per service unit rounded to the nearest dollar for
th service areas. Service area 1: $702.00 and service area 2: $616.50.
On Member Barnes seconded the motion. Motion passes.
F - AYE 7 NAY 0 ABSTAIN 0
9. or, iscuss/Achtia regarding a Resolution approving an Interlocal
Agreementflor _Child Abuse Investigation Services Law Enforcement
IJVl ♦1VV.l�,�}�LLIVl Vs_�a�r;-�' _
Police Chief Jenks presentOe item to council and answered questions.
Mayor Crist made thepotion to approve striking Section 7.01 Civil Liability.
Council Member Lofo seconded the motion. Motion passes.
f y
AYE 7 Y �o- ABSTAIN 0
10. Consider/Discuss/Action regarding°=�a Resolution approving a pay
classification plan. (City Manager)Zt s`
Philip Sander, City Manager presented fieri- to#ijo councrl,an answerer
questions. Council Member Cook made the motion#si;approy. Council
Member Lovato seconded the motion. Motion poses°
AYE 7 NAY 0 ABSTAN 0
Council did not enter closed session at this time.
11. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov'f Vod
551, the City Council may enter into closed session to discuss
listed or referenced on this agenda under the following exceptio
a. consult with legal counsel regarding pending or contempltec
litigation and/or on matters in which the duty of the attorney t6
the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts
with Chapter 551 of the Government Code (Tex. Gov't Code
4551.071 );
09-23-14 CC Regular Meeting Minutes.doo 3 09-23-14
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way; easements; and land for municipal facilities;
c. discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial
information that the City has received from a business prospect