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HomeMy WebLinkAboutOrd 1007-2022 Amending and Correcting Scrivener's Errors in Ord No 998-2022ORDINANCE NO.tU`1-64yap? AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, AMENDING AND CORRECTING SCRIVENER'S ERRORS IN ORDINANCE NO, 999- 2022 GOVERNING WATER AND WASTEWATER IMPACT FEES; REPEALING ORDINANCE NO.998=2022; 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 governing water, sewer and other utility billing 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 capital improvement plans and amended Appendix A Fee Schedule, A6.000 Utility Fees, Section A6.013 (Water and sewer impact fees) of The Anna City Code of Ordinances ("Anna Code") to specify new rates for water and wastewater 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. 999-2022 and orders that said errors be corrected as set forth in Section 3 of this ordinance. Text that is struck through was in wn error and text that is underlined should have been included in the ordinance as set forth here: ORDINANCE NO. 999-2022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ADOPTING UPDATED LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENT PLANS, AND WATER AND WASTEWATER IMPACT FEES; AMENDING THE ANNA CITY CODE OF ORDINANCES APPENDIX A FEE SCHEDULE A6.000 UTILITY CITY OF ANNA, TEXAS ORDINANCE NO. I ® PAGE 1 FEES, SECTION A6.013 PART IV, ARTICLE 7, SECTION 43 (WATER AND SEWER 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 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 A6.013 Part IV, AFtiGle 7, SeGttGR 1 (Water and Sewer Impact Fees) of the Anna Code to specify new water and wastewater impact fee rates; [ ... ] SECTION 2. ADOPTION OF LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN. As relates to water and wastewater facilities, the City Council hereby adopts updates to the land use assumptions and capital improvements plan as set forth in the impact Foe Update 2022 2032 City of Anna 2022 Roadway, Water and Wastewater Impact Fee Study, a copy of which is attached hereto as Exhibit A. The SECTION 3. AMENDMENTS TO PART -:-APPENDIX A FEE SCHEDULE A6.000 UTILITY FEES, SECTION A6.013 OF THE ANNA CODE. In accordance with Section 1.01.007 of the Anna Code Part 11, ArtiGle I SeGt1e 9 of the ARRa Cede, Part IV, Artie ' Appendix A Fee Schedule. A6.000 Utility Fees, Section A6.013 of the Anna Code is deleted and replaced with the following: Schedule A - Water and Wastewater Land Use Equivalency Table Meter Sanitary Land Use Meter Type Size LUE Water Sewer Total Single Family 9 Residential Simple 3/4" 1 $5,500 $5,500 $11,000 Single Family $1 45601 Residential Simple I" 1.7 $95350 $9,350 18 700 Single Family $28 343 Residential Simple MITI 3.3 $18,150 $18,150 36300 Single Family $45,520 Residential Simple 2" 5.3 $29,150 $29,150 58 300 $45,520 Commercial/Retail Compound 2" 5.3 $29,150 $29,150 $58,300 CITY OF ANNA, TEXAS ORDINANCE Mn PAGE 2 90 Commercial/Retail/Mutt enS i Fam Compound 3" 10,7 $58,850 $58,850 117 700 Commercial/Retail/Mutt $1433430 1 Fam Compound 4" 16.7 $91,850 $915850 $183,700 $296,002 Industrial Compound 6" 33.3 $183,150 $1835150 $366,300 $ ^�3 Industrial Compound 8" 53.3 $293,150 $2933150 586 300 $1 316 639 Industrial Compound 10" 15343 $8435150 $843,150 $1,686,300 $1,210,00 $1'S89'50i Industrial Turbine 12" 220 0 $1,210,000 $2,420,000 Schedule B -Water/Wastewater Impact Fee Rates Maximum Impact Fee Adopted Impact Fee Facility Category 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. 999-2022 (CORRECTED)" which shall replace and supersede Ordinance 999-2022 for all purposes, TI SECON 4. REPEAL F OR DINANCE N CO. 998-2022. Ordinance No. 998-2022 contained scrivener's errors and the City Council finds that said ordinance is superfluous and is hereby repealed in its entirety. SECTION 5. PENALTY Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. SECTION 6. 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 CITY OF ANNA, TEXAS ORDINANCE NO. � 00`I - �Oao� PAGE 3 affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. 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. APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the 27th day of September 2022. ATTESTED: , 1 �44141kkk�=kr,r�f � .`APPROVE 61 City Secretary Carrie Land, } =0r' Pro�tovL iM,t.t,lev v\0�. ���Jtlilll Sk ltl144 CITY OF ANNA, TEXAS ORDINANCE NO. -. � PAGE 4 ORDINANCE NO. 999-2022 (CORRECTED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ADOPTING UPDATED LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENT PLANS, AND WATER AND WASTEWATER IMPACT FEES; AMENDING THE ANNA CITY CODE OF ORDINANCES APPENDIX A FEE SCHEDULE, A6.000 UTILITY FEES, SECTION A6.013 (WATER AND SEWER 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 governing water, sewer and other utility billing 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 determined that it would be advantageous and beneficial to the City and its citizens to adopt updated land use assumptions and water and wastewater capital I mprovement 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 czens to amend Appendix A Fee Schedule, A6.000 Utility Fees, Section A6.013 (Water and sewer impact fees) of the Anna Code to specify new water and wastewater 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 water and wastewater 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. 999-2022 in its entirety. CITY OF ANNA5 TEXAS ORDINANCE NO. 999-2022 (CORRECTED) PAGE 1 SECTION 3. AMENDMENTS TO PART IV OF THE ANNA CODE. In accordance with Anna Code Sec. 1.01.007: Appendix A Fee Schedule, A6.000 Utility Fees, Section A6.013 (Water and sewer impact fees) of the Anna Code is deleted and replaced with the following: Schedule A - Water and Wastewater Land Use Equivalency Table Land Use Meter Type Meter Size LUE Water Sanitary Sewer Total Single Family Residential Simple 3/4" 1 $53500 $5,500 $115000 Single Family Residential Simple 1" 1.7 $9,350 $95350 $181700 Single Family Residential Simple 1-1/2" 3.3 $185150 $18,150 $36,300 Single Family Residential Simple 2" 5.3 $29,150 $29,150 $583300 Commercial/Retail Compound 2" 5.3 $29,150 $29,150 $58,300 Commercial/Retail/Multi Fam Compound 3" 10.7 $58,850 $58,850 $1175700 Commercial/Retail/Multi Fam Compound 4" 16.7 $915850 $915850 $1835700 Industrial Compound 6" 33.3 $183,150 $1833150 $366,300 Industrial Compound 8" 53.3 $2939150 $293,150 $5865300 Industrial Compound 10" 153.3 1 $843,150 $843,150 $1,6865300 Industrial Turbine 12" 220 $15210,000 $152105000 $254203000 Schedule B -Water/Wastewater Impact Fee Rates Maximum Impact Fee Adopted Impact Fee Facility Category Service Per Living Unit Per Living Unit Area Equivalent Equivalent Water Facilities All $5,500 $5,500 Wastewater Facilities All $5,500 $5,500 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. CITY OF ANNA, TEXAS ORDINANCE NO. 999-2022 (CORRECTED) PAGE 2 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 my 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. 999-2022 (CORRECTED) PAGE 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ADOPTING UPDATED LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENT PLANS, AND WATER AND WASTEWATER IMPACT FEES; AMENDING THE ANNA CITY CODE OF ORDINANCES APPENDIX A FEE SCHEDULE, A6.000 UTILITY FEES, SECTION A6.013 (WATER AND SEWER 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 governing water, sewer and other utility billing 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 determined that it would be advantageous and beneficial to the City and its citizens to adopt updated land use assumptions and water and wastewater 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 Appendix A Fee Schedule, A6.000 Utility Fees, Section A6.013 (Water and sewer impact fees) of the Anna Code to specify new water and wastewater 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 water and wastewater 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. 999-2022 in its entirety. CITY OF ANNA, TEXAS ORDINANCE NO. 999-2022 (CORRECTED) PAGE 1 SECTION 3. AMENDMENTS TO PART IV OF THE ANNA CODE. In accordance with Anna Code Sec. 1.01.007: Appendix A Fee Schedule, A6.000 Utility Fees, Section A6.013 (Water and sewer impact fees) of the Anna Code is deleted and replaced with the following: Schedule A - Water and Wastewater Land Use Equivalency Table Land Use Meter Type Meter Size LUE Water Sanitary Sewer Total Single Family Residential Simple 3/4" 1 $55500 $5,500 $11,000 Single Family Residential Simple 1" 1.7 $9,350 $91350 $18,700 Single Family Residential Simple I-1/2" 3.3 $18,150 $183150 $365300 Single Family Residential Simple 2" 5.3 $2%150 $29,150 $585300 Commercial/Retail Compound 2" 5.3 $295150 $29,150 $585300 Commercial/Retail/Multi Fam Compound 3" 10.7 $58,850 $58,850 $1175700 Commercial/Retail/Multi Fam Compound 4" 16.7 $915850 $913850 $183,700 Industrial Compound 6" 33.3 $1835150 $1833150 $366,300 Industrial Compound 8" 53.3 $2933150 $293,150 $586,300 Industrial Compound 10" 153.3 $843,150 $8435150 $1063300 Industrial Turbine 12" 220 $1,2101000 $1,210,000 $2,420,000 Schedule B -Water/Wastewater Impact Fee Rates Maximum Impact Fee Adopted Impact Fee Facility Category Service Per Living Unit Per Living Unit Area Equivalent Equivalent Water Facilities All $5,500 $5,500 Wastewater Facilities All $5,500 $5,500 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. CITY OF ANNA, TEXAS ORDINANCE NO.999-2022 (CORRECTED) PAGE 2 SECTION a. 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, Y y a`.Ma�ror Na 11till il Wti1 Pike CITY OF ANNA, TEXAS ORDINANCE NO. 999-2022 (CORRECTED) PAGE 3 , ll � •ye , ANIMIL AIT FIT f14 - ' I „_ - T bow — HawsovA PA paw �F r �v of Mir wimuogoa. � w .lti 'MfS�3ZbH he S'0 �l11�1�'ie�pp �1- 111� 6 1141 . �" 1iCi�eYiJ�1�q� � � A6'AN � OL� a �r� full goo �y q i�ui�7 M�771M, A �3191�S3M aakaooM�oa �-- � MW S21me a•SN38„'�� �' w )_SSING BW Rif "aaaiaaamong x iaa��� W--- - - -lp 7 = r I a at►vd 4 et ➢`P P !- ±► �.P ✓ - 1 6 NI1!& 4 Apfi. 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