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;
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and Wastewater Impact Fee Study, a copy of which is attached hereto as Exhibit A.
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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
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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