RE 03-12-96.2 RESOLUTION NO. 031296.2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, ADOPTING PROGRAMS 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 the City; and
WHEREAS, the adoption of economic development programs, which enhance the
local economy are in the best interest of the citizens of the City of Coppell, Texas; and
WHEREAS, the adoption of economic development programs will encourage
enhancement of the local economy; and
WHEREAS, the City Council of the City of Coppell, Texas by previous Resolution
adopted the provisions of Chapter 380 of the Texas Local Government Code to provide
programs for economic development; and
WHEREAS, the City Council of the City of Coppell, Texas desires to adopt additional
programs 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 Co~le 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 economic
development grant 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 the programs established
herein.
SECTION 4. Economic Development Grants for 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
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facilities, provided, however, the amount of credit shall not exceed
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
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land area for which a credit has been allowed is owned by more than one
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.
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(7) Credits can only be used to reduce impact fees assessed under Chapter 17 of
the Code of Ordinances, as amended; and
(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 5. Economic Development Grant for Sales Tax Rebate. The City Council,
based on the recommendation of the City Council Economic Development Advisory
Committee, is hereby authorized to provide an economic development grant for the rebate
of sales and use tax generated by a qualified applicant from offsite sales tax registered in
Coppell. The Economic Development Grant will consist of an annual grant of funds to a
qualified applicant from lawful available funds. The Economic Development Grant shall
not include any receipts from sales and uses taxes pursuant to Section 4A or 4B of Article
5190.6 of the Development Corporation Act of 1979 or from the levy of sales tax imposed
by the City for property tax relief, regardless of the source of the taxable sales given rise to
any such collections. The applicant will be responsible for providing tax statements and
reports submitted to the Texas Comptroller of Public Accounts, accompaning remittances
of sales tax collection and any other information required by the City in determining the
amount of the eligible annual grant. The City Manager is authorized to approve and
execute all contracts necessary to provide the Economic Development Grant provided
herein.
SECTION 6, That all provisions of the Code of Resolutions of the City of Coppell,
Texas, in conflict with the provisions of this resolution be, and the same are hereby,
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repealed, and all other provisions not in conflict with the provisions of this resolution shall
remain in full force and effect.
SECTION 7. 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 /3; -~'2~gday of ~'~/f~/~/ ,1996.
,/
CITY OF COPPELL, TEXAS
'TOM MORTON, MAYOR
ATYEST:
-/z~tN~A GRAU, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMIt'I~I, CITY ATFORNEY
(PGS/ct 1/4/96)
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APPLICATION FOR ECONOMIC INCENTIVE
CITY OF COPPELL, TEXAS
Property Owner:
Mailing Address:
Telephone Number:
Property Owner's
Representative:
Mailing Address:
Telephone Number:
Property Address:
Property Legal Description: (Provide Attachments if by Metes & Bounds)
Located Within:
Coppell Independent School District
Independent School District
Dallas County
Collin County
Description of Property.'.
Type of Economic Incentive: Loan, Grant, Personnel or Services:
Projected Occupancy Date of Project/Initiation of Operations:
Narrative Response to Economic Incentive Criteria:
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