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RE 11-14-95.1 RESOLUTION NO. 111495.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ADOPTING A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT PURSUANT TQ 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 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 desires to adopt the provisions of Chapter 380 of the Texas Local Government Code; 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. 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 AGGO?89F 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 seventy-five percent (75%) 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 the actual amount of impact fees paid; (b) rights-of-way and other roadway improvements for on-site collector streets not designated in the City's thoroughfare plan but which AGGO789F connect streets designated in the City's thoroughfare plan in the amount of fifty percent (50%) of the actual cost of construction of, contribution to, or dedication of on-site roadways, provided, however, the amount of credit shall not exceed the actual amount of impact fees 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 othenvise 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 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. 3 AGGO?89F (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 (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. This resolution shall be effective upon its passage. 4 AGGO789F DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the /~/ ~f~day of ~-~/~-?~e-~5., 1995. CITY OF COPPELL~ TEXAS TOM MORTON, MAYOR ATFEST: LIND~ GRAU, CITY SECRETARY APPROVED AS TO FORM: PETER '- (PGS/ct 11-08-95) AGGO789F