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G-05-02-10-11C9 - 2/10/2005J ORDINANCE NO. - 05- 0 -1 c 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 PROPERTIES 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 11"; and WHEREAS, said "Final Plat of Sonoma Section 11" was filed with the County Clerk of Williamson County, Texas on December 30, 2004, but was not recorded until January 3, 2005; and WHEREAS, on April 28, 2004, the Planning and Zoning Commission approved for filing and recording the "Replat of Lots 32, 33, 34 & 35, Block E, Sonoma Section 9"; and WHEREAS, said "Replat of Lots 32, 33, 34 & 35, Block E, Sonoma Section 9" was filed with the County Clerk of Williamson County, Texas on December 30, 2004, but was not recorded until January 4, 2005; and WHEREAS, the City Council has determined to assess the impact fees in affect at the time of the filing of the "Final Plat of Sonoma Section 11" and the "Replat of Lots 32, 33, 34 & 35, Block E, Sonoma Section 9", Now Therefore BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: @PFDesktop\::ODMA/WORLDOX/0:/WDOX/ORDINANC/050210C9.WPD/vr I. That the City of Round Rock shall assess the impact fees per service unit in affect at the time of the filing of the "Final Plat of Sonoma Section 11" and the "Replat of Lots 32, 33, 34 & 35, Block E, Sonoma Section 9", in accordance with Chapter 10, Section 10.204 of the Code of Ordinances (1995 Edition), City of Round Rock, Texas. 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 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.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. 2 READ, PASSED, and ADOPTED on first reading this /1 - day of J.Lbtht , 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 ATTEST: , 2005. CHRISTINE R. MARTINEZ, City Sec I-tary 3. WELL, Mayor of Round Rock, Texas DATE: February 4, 2005 SUBJECT: City Council Meeting - February 10, 2005 ITEM: 11.C.9. 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, Sections 9 and 11. (First Reading) Department: Planning and Community Development Staff Person: Jim Stendebach, Planning Director Justification: The Sonoma Final Plat Sections 9 and 11 were submitted to the City for recording prior to December 31, 2004; at that time these plats met all city requirements to be recorded. However, the county did not record the plats until January 3 and 4, 2005. The delay by the county in the actual recording date results in the new impact fee applying to these plats. Because the plats were completed and ready for recording on December 30, 2004, it may be reasonable to permit these plats to utilize the previous impact fee. Funding: Cost: These three sections of Sonoma include 106 developable lots. This action will reduce impact fees collected by the City by $173,098.00. 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