HomeMy WebLinkAboutOrd 124-2003 Subdiv-Amend Park-Lot Drainage.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 124-2003
AMENDMENT TO SECTIONS 6.1 AND 8.4 OF THE
SUBDIVISION REGULATIONS OF THE CITY OF ANNA, TEXAS
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING REVISIONS TO
ORDINANCE NO. 2000-01, SPECIFICALLY REVISING SECTION 6.1 RELATING TO
PARKS, SCHOOL SITES, AND PUBLIC AREA RESERVATIONS AND SECTION 8.4
RELATING TO CROSS -LOT DRAINAGE, ESTABLISHING A PENALTY FOR
VIOLATIONS, AND PROVIDING FOR A SAVINGS CLAUSE
Whereas, under the provisions of the Constitution and laws of the State of Texas, including
particularly Chapters 212, 242, and 43 of the Local Government Code, as heretofore and
hereafter amended, every owner of any tract of land situated within the City of Anna who may
hereafter divide the same into two (2) or more tracts described by metes and bounds or
otherwise for the purpose of laying out any subdivision of such tract of land or any addition to
said City; or for laying out suburban lots or building lots, or any lots, and purchasers or owners
of lots fronting thereon or adjacent thereto, are required to submit a plat of such subdivision or
addition for approval by the Planning and Zoning Commission and the City Council of the City of
Anna; and
Whereas, the rules and regulations of the City established by ordinance, governing plats, and
subdivisions of the land, be and the same are hereby extended to and shall apply to all of the
area under the extraterritorial jurisdiction of said City, as provided for in Chapter 42 of the Local
Government Code; and
Whereas, the City of Anna has adopted subdivision regulations under the terms of Chapters,
212, 242, 42, and 43 of the Texas Local Government Code, and
Whereas, the City Council of the City of Anna has reviewed the existing subdivision regulations
and has determined that Sections 6.1 and 8.4 of the existing subdivision regulations should be
revised in order to protect the health, safety, and welfare of the residents of the residents of the
city;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS
Section 1. Section 6.1 Amended
Section 6.1 of the Subdivision Regulations of the City of Anna shall be amended to read as
follows:
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6.1. Parks, School Sites, Public Areas
A fee in amount of seven hundred fifty dollars ($750.00) for each single family residential
unit and 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 fee shall be retained in a special account to be
used for park, recreation, and open space capital improvements, including purchase of
land. The City Council retains the right to negotiate with the subdivider in individual
cases in which the subdivider desires to donate property with special features and/or
value. In such cases, the amount of the park fee may be reduced.
Section 2. Section 8.4 Amended
Section 8.4 of the Subdivision Regulations of the City of Anna shall be amended by adding the
following as Section 8.4.2 and re -numbering subsequent paragraphs in Section 8.4 as
appropriate:
8.4.2. Cross -Lot Drainage Prohibited
Drainage between residential lots is the responsibility of the affected property
owner(s). Property owners/developers are required to drain surface runoff from an
individual lot to a public right-of-way or to an underground drainage system contained
in a public easement and will not be allowed to surface drain onto another lot. The
City Administrator shall have the discretion to allow modifications to the lot -to -lot
drainage requirements where adherence to these requirements would be in conflict
with other City ordinances and/or regulations.
Section 3. Savings Clause
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held
to be unconstitutional, void, or invalid, the validity of the remaining portions of this ordinance
shall not be affected thereby, it being the intent of the City Council in adopting this ordinance
that no portion thereof, or provision or regulation contained herein shall become inoperative or
fail by reason of the unconstitutionality or invalidity of any section, subsection, sentence, clause,
phrase, or provision of this ordinance.
Section 4. Severability
It is hereby declared to be the intention of the city council that the sections, paragraphs,
sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause,
sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this
ordinance, since the same would have been enacted by the city council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph, or section.
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Section 5. Violation and Penalties
Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor
and upon conviction shall be subject to a fine not to exceed the maximum as prescribed by law.
Each day of violation may be considered a separate offence under the provisions of this
ordinance. Prosecution or conviction under this provision shall not be a bar to any other remedy
of relief for violations of this ordinance.
This ordinance shall take effect immediately from and after its passage and the publication of
the caption as the law in such cases provides.
Passed by the following vote of the City Council of the City of Anna on this the 9th day of
December, 2003.
Ayes 5
Nays 0
Abstentions 0
APPROVED:
-A�a.yor
ATTEST:
City secretary
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