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G-05-02-24-8C3 - 2/24/2005ORDINANCE NO. g 05 - AN AN ORDINANCE GRANTING AN EXCEPTION TO CHAPTER 10, SECTION 10.204, CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS FOR IMPACT FEES FOR CERTAIN PROPERTY LOCATED WITHIN THE CITY LIMITS OF ROUND ROCK, TEXAS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. WHEREAS, on October 29, 2003, the Planning and Zoning Commission approved for filing and recording the "Final Plat of Sonoma Section 12"; and WHEREAS, said "Final Plat of Sonoma Section 12" was delivered to the County Clerk of Williamson County, Texas on December 30, 2004, but was not recorded until January 3, 2005; and WHEREAS, the City Council has determined to assess the impact fees in affect at the time the "Final Plat of Sonoma Section 12" was delivered to the County Clerk of Williamson County, Texas for recordation, Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That for the Sonoma Section 12 subdivision, the City of Round Rock shall assess the impact fees per service unit in affect on December 30, 2004, the date that the "Final Plat of Sonoma Section 12" was delivered to the County Clerk of Williamson County, Texas for recordation, in accordance with Chapter 10, Section 10.204 of the Code of Ordinances (1995 Edition), City of Round Rock, Texas. @PFDesktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/050224C3.WPD/vr II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this 000v7- day of Jthtuka,2005. Alternative 2. READ and APPROVED on first reading this the day of , 2005. READ, APPROVED and ADOPTED on second reading this the day of , 2005. 2 ATTEST: e CA,/ CHRISTINE R. MARTINEZ, City Secrl(ary 3 Mayor ty of Round Rock, Texas DATE: February 16, 2005 SUBJECT: City Council Meeting - February 24, 2005 ITEM: *8.C.3. Consider an ordinance concerning an exception to Chapter 10, Section 10.204, Code of Ordinances (1995 Edition) for Water and Wastewater Impact fees for Sonoma Subdivision, Section 12. (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning Director Justification: The Sonoma Final Plat, Section 12, was submitted to the City for recording prior to December 30, 2004; at that time, the plat met all city requirements to be recorded. However, the county did not record the plat until January 3, 2005. The delay by the county in the actual recording date results in the new impact fee applying to this plat. Because the plat was completed and ready for recording on December 30, 2004, it may be reasonable to permit this plat to utilize the previous impact fee. Funding: Cost: This one section of Sonoma includes 44 developable lots. This action will reduce impact fees collected by the City by $80,652.00 Source of funds: Outside Resources: N/A Background Information: The water and wastewater impact fees changed from $3,769.00 to $5,602.00 on January 1, 2005. Public Comment: N/A