RE 01-09-96.2 RESOLUTION NO. 010996.2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, ADOPTING AN AMENDED PROGRAM TO PROMOTE
ECONOMIC DEVELOPMENT PURSUANT TO CHAPTER 380 OF THE
TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Chapter 380 of the Texas Local Government Code authorizes the City
Council of a municipality to establish and provide for the administration of one or more
programs to promote state or local economic development and to stimulate business and
commercial activity in thc City; and
WHEREAS, the adoption of an economic development program, which enhances
local economy is in the best interest of the citizens of the City of Coppell, Texas; and
WHEREAS, the establishment of economic development programs will encourage
enhancement of the local economy; and
WHEREAS, the City Council of the City of Coppell, Texas by Resolution No.
111495.1 adopted the provisions of Chapter 380 of the Texas Local Government Code to
provide a program for economic development; and
WHEREAS, the City Council of the City of Coppell, Texas desires to adopt an
amended program for economic development;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the City Council adopts the provisions of Section 380.001 of the
Texas Local Government Code to promote state or local economic development and to
stimulate business and commercial activity in the City.
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SECTION 2. It is the policy of the City of Coppell to customize the provisions of
economic development programs on a case by case basis. This individual design is intended
to allow maximum flexibility in addressing unique concerns of each project while enabling
the City to better respond to the changes and needs of the community. Nothing within these
guidelines shall imply or suggest the City is under any obligation to provide any credit
against Roadway Facilities Impact Fees to any applicant or for any project. All projects and
applicants shall be considered on a case by case basis.
SECTION 3. That the City of Coppell economic development programs authorized
by Section 380.001 of the Tex. Loc. Gov't Code is limited to credits against Roadway
Facilities Impact Fees. The City Manager, based on the recommendation of the City
Engineer, is hereby authorized to allow credits against Roadway Facilities Impact Fees for
the construction/dedication of on-site roadway facilities located in industrial zoned districts
west of Beltline Road/Denton Tap Road as follows:
(1) Credit against Roadway Facilities Impact Fees shall be allowed for land
and/or improvements that the City requires an owner to dedicate and/or
construct at the owner's expense (or that an owner dedicates and/or
constructs pursuant to a development agreement) for:
(a) rights-of-way and other road improvements for on-site roads designated
in the City's thoroughfare plan in the amount of the actual cost of
construction of, contribution to, or dedication of the on-site roadway
facilities, provided, however, the amount of credit shall not exceed
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seventy-five percent (75%) of the actual amount of impact fees to be
paid;
(b) rights-of-way and other roadway improvements for on-site collector
streets not designated in the City's thoroughfare plan but which
connect streets designated in the City's thoroughfare plan in the
amount of the actual cost of construction of, contribution to, or
dedication of on-site roadways, provided, however, the amount of
credit shall not exceed fifty percent (50%) of the actual amount of
impact fees to be paid.
(2) Credits shall be allowed only to the extent that land and completed
improvements have been accepted by the City at the time the impact fee is
payable unless the City otherwise agrees in a development agreement.
(3) Unless the City otherwise agrees in a development agreement, allowed credits
shall be applied to reduce impact fees only when an impact fee is actually
paid, and no one shall be entitled to any refund or reimbursement of any
credit allowed but not so applied. Any unapplied credit may, however, be
applied against impact fees attributable to any additional new development
on the same land in the future.
(4) Unless the City otherwise agrees, credits shall be an incident of ownership of
the land on which new development occurs, and may not be assigned or
transferred separately from the land. Unless the City otherwise agrees if any
land area for which a credit has been allowed is owned by more than one
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owner, the City shall allocate the credit pro rata based on land area to the
owner then obligated to pay impact fees. The City shall never have any duty
to investigate the ownership of land, but may rely fully on information
submitted by the party requesting a credit.
(5) No credit shall be allowed unless an application on a form provided by the
City is first submitted to the City Manager requesting the credit. The
application shall be accompanied by any materials that the City requires to
verify the applicants entitlement to the credit or the amount of credit. The
contents of the application shall be established by administrative guidelines.
The City Manager must provide the applicant, in writing, with a decision
regarding the credit request, including the reasons for the decision. The
decision shall specify the maximum value of the credit.
(6) The owner must apply for the credit against Roadway Facilities Impact Fees
due for a development either at the time of application for final plat approval
or at the time of the building permit application, or if no building permit is
required, at the time a certificate of occupancy is issued. The available credit
shall be applied against Roadway Facilities Impact Fees either at the time of
application for final plat approval or at the time of the building permit
application, or if no building permit is required, at the time a certificate of
occupancy is issued.
(7) Credits can only be used to reduce impact fees assessed under Chapter 17 of
the Code of Ordinances, as amended; and
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(8) The City shall not refund any unused available credit or be liable for the
same unless otherwise provided by Chapter 395 of the Tex. Loc. Gov't Code.
SECTION 4. That Resolution No. 111495.1 be and the same is hereby repealed.
SECTION 5. This resolution shall be effective upon its passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell,
Texas, on this the ~ ~-~day ofr~/t/~Ad , 1996.
CITY OF COPPELL, TEXAS
TOM MORTON, MAYOR
ATTEST:
LI'NI~A GRAU, CITY SECRETARY
APPROVED AS TO FORM:
PE~TER G. SMIff~-I, CITY ATTORNEY
(PGS/ct 1/4/96)
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