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HomeMy WebLinkAboutOrd 064-2003 Amend Subdivision-Park Fees.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 64-2003 AMENDMENT TO SECTION 6.1 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, 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 Section 6.1 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: 6.1. Parks, School Sites, Public Areas A fee in amount of three hundred fifty dollars ($350.00) for each single family residential unit and three hundred dollars ($300.00) for each multifamily unit built in the city shall be Ord. 64-2003 Page 1 of 3 March 25, 2003 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 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 3 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. Section 4 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 25th day of March, 2003. Ayes 4 Nays 0 Abstentions Ord. 64-2003 Page 2 of 3 March 25, 2003 ATTEST: &L� P, , City Secretary APPROVED: Ord. 64-2003 Page 3 of 3 March 25, 2003