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HomeMy WebLinkAboutOrd 574-2012 Amending Tree Preservation Regulations.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 574-2012 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART HI -F; TREE PRESERVATION REGULATIONS; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; 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 Tree Preservation; and WHERAS, the City of Anna is promoting the development of the Downtown; and WHEREAS, the City of Anna, Texas City Council has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend Part III -F, Section 5 by adjusting the applicability to exempt tree preservation and replacement requirements in the Downtown Redevelopment District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes Section 2. Amendment. In accordance with Part II, Article 1, Section 9 of Anna, the following amendment is added to Part III -F, Section 5: (f) critical alteration of any protected tree by a utility company in order to maintain appropriate existing utility services..-; (g) construction of utilities or public infrastructure -.Land (h) area within an area zoned for Downtown Redevelopment. Section 3. 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 $500 for each Ord. 574-2012 Amending Tree Preservation Regulations 1 02-28-12 incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 5. 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. PASSED by the City Council of the City of Anna, Texas, this 28th day of February, 2012. ATTESTED: - )&ej �� Ci Secretary, Natha Wilkison rl,PPRI-%VED: Mair � - Ord. 574-2012 Amending Tree Preservation Regulations 2 02-28-12