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HomeMy WebLinkAboutOrd 1006-2022 Amending and Correcting Scrivener's Errors in Ord No 997-2022ORDINANCE NO. JQ(a "aV6t1:y� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, AMENDING AND CORRECTING SCRIVENER'S ERRORS IN ORDINANCE NO, 997- 2022 GOVERNING ROADWAY IMPACT FEES; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,0000 PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules and regulations governing roadway impact fee rates, payments, and related procedures, including provisions related to impact fees as authorized under Chapter 395 of the Texas Local Government Code; and WHEREAS, the City of Anna, Texas City Council ("the City Council") has held a public hearing and on August 23, 2022 adopted updated land use assumptions and roadway capital improvement plans and amended Chapter 9 of The Anna City Code of Ordinances ("Anna Code") as well as Appendix A Fee Schedule, A6.000 Utility Fees, Section A6.014 (Roadway Impact Fees) of the Anna Code to specify new rates for roadway impact fees; and WHEREAS, on or about August 23, 2022, the wrong version of the ordinance was executed by the Mayor and it contained scrivener's errors as identified and corrected herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. RECITALS. The recitals set forth above are incorporated herein as if set forth herein in full. SECTION 2. IDENTIFICATION OF SCRIVENER'S ERRORS. The City Council hereby identifies the following scrivener's errors in Ordinance No. 997-2022 and orders that said errors be corrected as set forth in Section 3 of this ordinance. Text that is struck through as i wn error and text that is underlined should have been included in the ordinance as set forth here: ORDINANCE NO. 997-2022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ADOPTING UPDATED LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENT PLANS, AND ROADWAY IMPACT FEES, AMENDING THE ANNA CITY CODE OF ORDINANCES APPENDIX A FEE SCHEDULE, A6.000 UTILITY FEES, SECTION A6.014 12A T IV, ARTICLE-7, SECTION 14 (ROADWAY IMPACT FEES); PROVIDING CITY OF ANNA, TEXAS ORDINANCE N0. PAGE 1 FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000, PROVIDING FOR SAVINGS, SEVERABI[LITY, AND REPEALING CLAUSES, PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council has further determined that it would be advantageous and beneficial to the City and its citizens to amend _Appendix A Fee Schedule, A6.000 Utility Fees Section A6 014 part IV-rs,e 7, Qest+e1-(Roadway Impact Fees) of the Anna Code to specify new roadway impact fee rates; [�l and Wastewater Impact Fee Study, a copy of which is attached hereto as Exhibit A. .. doesnot amender etherwlse... 3xistingwater andwastewater impaGt SECTION 3. AMENDMENTS TO CHAPTER 9 �^,�V OF THE ANNA CODE AND APPENDIX A FEE SCHEDULE OF THE ANNA CODE. SECTION 3.A. In accordance with Section 1.01.007 of the Anna Code Section 9.08.005(b) (ROadwaV Impact Fees) is deleted and replaced with the following: (b) Roadwav impact fees. Roadwav impact fees shall be determined and assessed as set forth in Appendix A Fee Schedule. Article A6.000 Utility Fees Section A6 014 (Roadway Impact Fees) of this Code as amended. SECTION 3.B. AMENDMENTS TO APPENDIX A FEE SCHEDULE OF THE ANNA CODE In accordance with Section 1.01.007 f the Anna Code, Appendix A Fee Schedule, Article A6.000 Utility Fees is deleted and replaced with the following: In accordance with Appendix A FEE SCHEDULE, Article A6.000 UTILITY FEES, Section A6.014 (Roadway impact fees) is deleted and replaced with the following: CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 2 SECTION 3. CORRECTION OF SCRIVENER'S ERRORS; EXECUTION OF CORRECTED ORDINANCE. In order to correct the scrivener's errors identified in Section 2, the City Council hereby directs the Mayor and the City Secretary to execute the document attached hereto as Exhibit A and titled "Ordinance No. 997-2022 (CORRECTED)" which shall replace and supersede Ordinance 997-2022 for all purposes. 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. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. 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. APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the 27th day of September 2022, ATTESTED: City Secretary Carrie Lando =°39 k 111111111M�Y CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 3 ORDINANCE NO. 997-2022 (CORRECTED)) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, CORRECTING ORDINANCE NO. 997-2022 REGARDING ROADWAY IMPACT FEES; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules and regulations relating to the imposition of roadway impact fees on developments within the City as authorized under Chapter 395 of the Texas Local Government Code; and WHEREAS, the City of Anna, Texas City Council ("the City Council") has held a public hearing and determined that it would be advantageous and beneficial to the City and its citizens to adopt updated land use assumptions and roadway capital improvement plans, and to impose amended impact fees; and WHEREAS, the City Council has further determined that it would be advantageous and beneficial to the City and its citizens to amend Chapter 9, Article 9.08 Impact Fees, Section 9.08.005(b) (Roadway Impact Fees) and Appendix A Fee Schedule, Article A6.000 Utility Fees, Section A6.014 (Roadway Impact Fees) of The Anna City Code of Ordinances ("Anna Code") to specify new roadway impact fee rates; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. RECITALS. The recitals set forth above are incorporated herein as if set forth herein in full. SECTION 2. ADOPTION OF LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN. As relates to roadway facilities, the City Council hereby adopts updates to the land use assumptions and capital improvements plan as set forth in the City of Anna 2022 Roadway, Water and Wastewater Impact Fee Study, a copy of which is attached hereto as Exhibit A. 1 This ordinance replaces and supersedes Ordinance No. 997-2022 in its entirety. CITY OF ANNA, TEXAS ORDINANCE NO. 997-2022 (CORRECTED) PAGE 1 SECTION 3. AMENDMENTS TO CHAPTER 9 OF THE ANNA CODE AND APPENDIX A FEE SCHEDULE OF THE ANNA CODE, SECTION 3.A. In accordance with Section 1.01.007 of the Anna Code, Section 9.08.005(b) (Roadway Impact Fees) is deleted and replaced with the following: "(b) Roadway impact fees. Roadway impact fees shall be determined and assessed as set forth in Appendix A Fee Schedule, Article A6.000 Utility Fees, Section A6.014 (Roadway Impact Fees) of this Code as amended." SECTION 3.B. AMENDMENTS TO APPENDIX A FEE SCHEDULE OF THE ANNA CODE In accordance with Section 1001.007 of the Anna Code, Appendix A Fee Schedule, Article A6.000 Utility Fees is deleted and replaced with the following: "Service Area 1 (maximum $1,845.00) = 1 845.00 Service Area 2 (maximum $1,423.00) = 1 423.00 Schedule A -Land Use Maximum Fee Per Service Unit Land Use Category % of Maximum Fee per Service Unit Residential 100 Multifamily 100 Convenience Store 100 Fueling Station 100 Automotive Dealership 100 Auto Repair/Maintenance 100 Warehouse 100 Storage 100 Restaurant with Drive Thru 100 General Commercial 85 Retail 85 Industrial Manufacturing 85 Medical Office 75 Hospital 75 Sit -Down Restaurant 75 Retailer >20,000 SF GFA 75 Employment Center 65 3+ Story Professional Office 65 Corporate Campus 65 These assessment rates shall be effective on new development in the City in accordance with Anna Code and state law." CITY OF ANNA, TEXAS ORDINANCE NO. 997-2022 (CORRECTED) PAGE 2 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. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. 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. APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the 23rd day of August 2022. ATTESTED: City Secretary Carrie Land APPROVED: Mayor Nate Pike CITY OF ANNA, TEXAS ORDINANCE NO. 997-2022 (CORRECTED) PAGE 3 ORDINANCE NO. 9 7-2022 (CORRECTED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, CORRECTING ORDINANCE NO. 997=2022 REGARDING ROADWAY IMPACT FEES, PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,0000 PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("the City")has previously adopted ordinances, rules and regulations relating to the imposition of roadway impact fees on developments within the City as authorized under Chapter 395 of the Texas Local Government Code; and WHEREAS, the City of Anna, Texas City Council ("the City Council") has held a public hearing and determined that it would be advantageous and beneficial to the City and its citizens to adopt updated land use assumptions and roadway capital improvement plans, and to impose amended impact fees; and WHEREAS, the City Council has further determined that it would be advantageous and beneficial to the City and its citizens to amend Chapter 9, Article 9.08 Impact Fees, Section 9.08.005(b) (Roadway Impact Fees) and Appendix A Fee Schedule, Article A6.000 Utility Fees, Section A6.014 (Roadway Impact Fees) of The Anna City Code of Ordinances ("Anna Code") to specify new roadway impact fee rates; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. RECITALS. The recitals set forth above are incorporated herein as if set it herein in full. SECTION 2. ADOPTION OF LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN. As relates to roadway facilities, the City Council hereby adopts upAates to the land use assumptions and capital improvements plan as set forth in the City of Anna 2022 Roadway, Water and Wastewater Impact Fee Study, a copy of which is attached hereto as Exhibit A. SECTION 3. AMENDMENTS TO CHAPTER 9 OF THE ANNA CODE AND APPENDIX A FEE SCHEDULE OF THE ANNA CODE. SECTION 3.A. In accordance with Section 1.01.007 of the Anna Code, Section 9.08.005(b) (Roadway Impact Fees) is deleted and replaced with the following: 1 This ordinance replaces and supersedes Ordinance No. 997-2022 in its entirety. CITY OF ANNA, TEXAS ORDINANCE N0. 997-2022 (CORRECTED) PAGE 1 "(b) Roadway impact fees. Roadway impact fees shall be determined and assessed as set forth in Appendix A Fee Schedule, Article A6.000 Utility Fees, Section A6.014 (Roadway Impact Fees) of this Code as amended." SECTION 3.B. AMENDMENTS TO APPENDIX A FEE SCHEDULE OF THE ANNA CODE In accordance with Section 1001.007 of the Anna Code, Appendix A Fee Schedule, Article A6.000 Utility Fees is deleted and replaced with the following: "Service Area 1 (maximum $11845.00) = 1 845.00 Service Area 2 (maximum $1,423.00) = 1 423.00 Schedule A -Land Use Maximum Fee Per Service Unit Land Use Category % of Maximum Fee per Service Unit Residential 100 Multifamily 100 Convenience Store 100 Fueling Station 100 Automotive Dealership 100 Auto Repair/Maintenance 100 Warehouse 100 Storage 100 Restaurant with Drive Thru 100 General Commercial 85 Retail 85 Industrial Manufacturing 85 Medical Office 75 Hospital 75 Sit -Down Restaurant 75 Retailer >20,000 SF GFA 75 Employment Center 65 3+Story Professional Office 65 Corporate Campus 65 These assessment rates shall be effective on new development in the City in accordance with Anna Code and state law." 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 CITY OF ANNA, TEXAS ORDINANCE NO. 997.2022 (CORRECTED) PAGE 2 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. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. 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. APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the 23rd day of August 2022. ATTESTED: City Secretary Carne Land CITY OF ANNA, TEXAS ORDINANCE NO. 997-2022 (CORRECTED) PAGE 3