HomeMy WebLinkAboutOrd 822-2019 Amend Code Part III-A, Article 4, Sec 5.03 & 5.05 and Part IV, Article 4, Sec 6 Park Dev,.CITY OF ANNA, TEXAS ORDINANCE NO. M M
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART III -A SUBDIVISION
REGULATIONS, ARTICLE 4 PUBLIC SITES AND OPEN SPACES, SECTIONS
5.03 (d) AND 5.05; AMENDING PART IV SCHEDULE OF FEES, ARTICLE 4
DEVELOPMENT FEES, SECTION 6 PARKS, SCHOOL SITES, PUBLIC AREAS
PERMIT FEES; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS
ORDINANCE NOT TO EXCEED $500; 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") previously adopted ordinances,
rules and regulations governing the Subdivision Regulations and Schedule of
Fees; and
WHEREAS, the City of Anna, Texas City Council has investigated and determined
that it would be advantageous and beneficial to the City and its citizens to amend
Part III -A Subdivision Regulations, Article 4 Public Sites and Open Spaces, Section
5.03 (d) Dedication of Land and Payment of Park Development Fee, Section 5.05
Park Development Fund, and Part IV Schedule of Fees, Article 4 Development Fees,
Section 6 Parks, School Sites, Public Areas Permit Fees of The Anna City Code of
Ordinances ("Anna Code") by amending regulations related to park development
fees and the park development trust fund;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment to Part III -A, Article 4, Section 5.03(d).
In accordance with The Anna City Code of Ordinances ("Anna Code"), the following
amendments are made to Part III -A Subdivision Regulations, Article 4, Public Sites
and Open Spaces, Section 5.03 (d):
5.03 General Requirement: Dedication of Land and Payment of Park
Development Fee
I ... I
(d) Park Development Fee. In Addition addition to the required dedication of land,
as set forth above, there shall also be a park development fee paid to the City of
Anna as a condition of Plat approval. Such park development fee shall be set from
time to time by ordinance of the City Council and shall be sufficient to provide for
CITY OF ANNA, TEXAS ORDINANCE NO. ?M- aOlq Page 1 of 4
the development of amenities and improvements on the dedicated land to meet the
standards for a neighborhood park to serve the area in which the Subdivision is
located. Park development fees are found in Part IV (Schedule of Fees) of this
Code. Such fee shall be paid at the time of application for a building permit.
Section 3. Amendment to Part III -A, Article 4, Section 5.05.
In accordance with the Anna Code the following amendments are made to Part III-
A Subdivision Regulations, Article 4 Public Sites and Open Spaces, Dedication of
Land and Payment of Park Development Fee, Section 5.05 Park Development
Fund.
5.05 Park Development Fund
PaFk Development Fund. All funds collected by this dedication process or collected
under Section 5.03(d) will be deposited into the City of Anna's Park Development
Trust Fund and used for parks and recreation purposes related to the following:
1) Land acquisition;
2) Capital improvements;
3) Planning, engineering and design of parks and recreation facilities;
4) Construction of new parks and recreation facilities;
5) Rehabilitation and modernization of existing parks and recreation
facilities;
6) Maintenance and equipment for new parks and recreation facilities;
7) Maintenance and equipment for existing, and recently rehabilitated
and modernized parks and recreation facilities;
8) Long-range planning for land, facilities, recreation and related
programs; or
9) Feasibility studies, market studies and economic impact analysis
relating to parks and recreation projects and programs.
Amounts deposited into the Parks Development Trust Fund shall not be used for
staffing and daily operations. All expenditures from said fund will adhere to the
City's procurement policies and practices.
Section 4. Amendment to Part IV, Article 4 Development Fees, Section 6 Parks,
School Sites, Public Areas Permit Fees.
In accordance with the Anna Code the following amendments are made to Part
IV Schedule of Fees, Article 4 Development Fees, Section 6 Parks, School
Sites, Public Areas Permit Fees:
CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 4
Part IV Article 4 Development Fees, Section 6
Section 6. Parks, School Sites, Public Areas Permit Fees
A fee in the amount of $1,500 for each single-family residential unit and
$2,000 for each multifamily unit built in the city shall be paid to the City of
Anna at the time of application for a building permit; said fees shall be
deposited into the Park Development Fund.
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 $500
for each incidence of violation. Each violation is considered a separate offense
and will be punished separately.
Section 6. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are
repealed to the extent of that conflict. If any provision of this ordinance shall be
held to be invalid or unconstitutional, the remainder of such ordinance shall
continue in full force and effect the same as if such invalid or unconstitutional
provision had never been a part hereof. The City declares that it would have
passed this ordinance, and each section, subsection, clause, or phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences,
clauses, and phrases 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.
CITY OF ANNA, TEXAS ORDINANCE NO. -A91CI Page 3 of 4
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Part IV Article 4 Development Fees, Section 6
Section 6. Parks, School Sites, Public Areas Permit Fees
A fee in the amount of $1,500 for each single-family residential unit and
$2,000 for each multifamily unit built in the city shall be paid to the City of
Anna at the time of application for a building permit; said fees shall be
deposited into the Park Development Fund.
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 $500
for each incidence of violation. Each violation is considered a separate offense
and will be punished separately.
Section 6. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are
repealed to the extent of that conflict. If any provision of this ordinance shall be
held to be invalid or unconstitutional, the remainder of such ordinance shall
continue in full force and effect the same as if such invalid or unconstitutional
provision had never been a part hereof. The City declares that it would have
passed this ordinance, and each section, subsection, clause, or phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences,
clauses, and phrases 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.
CITY OF ANNA, TEXAS ORDINANCE NO. -A91CI Page 3 of 4
PASSED by the City Council of the City of Anna, Texas this 11th day of June
2019.
APPROVED
Mayor Nate Pike .�`��� OF �Nti
ATTESTED
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City Secretary Carrie Smith
CITY OF ANNA, TEXAS ORDINANCE NO. ' - (90 Page 4 of 4