OR 2009-1220 Appeals of municipal infrastructure cost apportionment
AN ORDINANCE OF THE CITY OF COPPELL
ORDINANCE NO. 2009-1220
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING CHAPTER 1, “ADMINISTRATION,” OF THE CODE
OF ORDINANCES BY ADDING SECTION 1-10-13, "RULES OF
PROCEDURE FOR APPEALS OF MUNICIPAL INFRASTRUCTURE
COST APPORTIONMENT DETERMINATIONS”; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
Section 212.904 of the TGC provides that a
EXAS OVERNMENT ODE
developer may request a determination of apportionment of infrastructure cost; and
WHEREAS,
if the developer disputes the determination made by the
municipality an appeal may be requested; and
WHEREAS,
such appeal shall be submitted to the governing body; and,
WHEREAS,
the City should adopt such reasonable procedures to govern such
hearings; and
WHEREAS,
the City Council has determined it necessary to adopt rules of
procedure for appeals to the council of municipal infrastructure cost apportionment
determinations and to provide for its codification in Chapter 1, Sec. 1-10-13.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
COPPELL, TEXAS:
SECTION 1.
That Chapter 1 of the Code of Ordinances be, and the same is,
hereby amended by adding Section 1-10-13, “Rules of Procedure for Appeals of
Municipal Infrastructure Cost Apportionment Determinations,” which shall read as
follows:
“ARTICLE 1-10. RULES, TIMES AND PROCEDURES FOR
CONDUCTING CITY COUNCIL MEETINGS
. . . .
.
Sec. 1-10-13. Rules of Procedure for Appeals of Municipal
Infrastructure Cost Apportionment Determination
1-10-13.1. Purpose. The purpose of these rules is to govern the
procedures of an appeal for a property development project by a developer
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of its costs of municipal infrastructure improvements as provided by state
law.
1-10.13.2. Appeal.
A. In the event that a developer disputes the determination of the city
for its costs of municipal infrastructure improvements for a property
development project, it must file a written appeal with the city secretary
requesting a determination by the city council.
B. A written appeal shall set forth the infrastructure improvements,
charges or costs of the municipal infrastructure improvements the
developer seeks to contest.
C. Failure of the developer to appear on the scheduled date and time
at the appeal hearing before the city council shall be grounds for dismissal.
1-10-13.3. Standards for city council evaluation of the contested
infrastructure cost apportionment. The developer shall bear the burden of
proof to demonstrate that the City’s municipal infrastructure cost
apportionment determination is not roughly proportionate. The party
appealing to the city council shall have the burden of first presenting
evidence as provided by these rules. The city council shall evaluate the
contested infrastructure cost apportionment determination under the
following standards:
1. Does the infrastructure cost apportionment determination relate to
the needs created by the property development project?
2. Is the infrastructure cost apportionment determination roughly
proportionate to the impact of the property development project?
1-10-13.4. Procedural rules. The following procedural rules shall
apply to appeals under this ordinance:
1. Opening of the Hearing. The presiding officer of the council shall
call the agenda item and open the hearing. The developer and the
City may opt to have all or portions of the hearing conducted by a
representative.
2. Developer’s presentation.
(a) The developer shall present written evidence and oral or
written testimony regarding the infrastructure administrative
apportionment determination to the council.
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(b) If more than one apportionment determination is being
contested by the developer, the developer shall present as
part of his presentation an enumerated list of contested
apportionment determinations.
(c) The developer may present oral testimony, written
document, or both during the presentation of evidence and
testimony.
(d) If the developer wishes to introduce written documentation,
it must be provided to the city secretary no later than seven
(7) calendar days in advance of the hearing to ensure that
council members have time to review the material prior to
the hearing.
(e) If the developer wishes to induce expert testimony, it must
file written testimony no later than seven (7) days prior to
the appeal hearing.
3. Council examination/clarification of developer’s presentation.
Following the developer’s presentation, the council may ask
questions of the developer, and the developer’s witnesses and
representatives.
4. City presentation. City staff, witnesses, and representatives may
offer evidence and testimony regarding the apportionment
determination or other relevant issue raised by the developer
during his presentation or as directed by city council.
5. Council examination/clarification of city’s presentation. The
council may question the city staff, witnesses, or representatives
regarding the apportionment determination or other relevant issue
raised in the presentations.
6. Developer’s cross-examination of city witnesses and rebuttal. The
developer may question or cross-examine the city staff, witnesses,
or representatives regarding the apportionment determination, the
disputed issues raised by the developer, and any other area of
testimony or evidence they addressed in their presentation or in
response to council examination. The developer may also
introduce rebuttal evidence during this stage of the proceeding.
7. Council re-examination/clarification. The council may conduct
further questioning of any previously called witness or seek any
further explanation on any issue raised in the hearing.
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8. Developer re-cross and closing statement. Following the
conclusion of the city council’s re-examination, the developer
shall be given the option to conduct further questioning or cross-
examination of any previously called witness. The developer shall
also be given the option to make a brief summation of his
arguments or a closing statement.
9. Closure and timetable for decision. Upon conclusion of the
developer’s case, the presiding officer shall inquire whether the
developer has submitted all the evidence and testimony he wishes
the council to consider. If the developer indicates all evidence and
testimony has been submitted, the council shall issue a
determination within thirty (30) days of the conclusion of the
hearing.
1-10-13.3. Council authority. The council shall have the authority to
affirm or overturn the findings of the city staff in making the infrastructure
apportionment determination in whole or in part, and may make or modify
an award or refund to the developer in order to confirm with the standards
of rough proportionality set forth in T.L.G’C,§212.904,
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and the standards set forth in subsection 1-10-13.1, supra.”
SECTION 2.
That all provisions of the Ordinances of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby,
repealed, and all other provisions of the Ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
SECTION 3.
That should any word, sentence, paragraph, subdivision, clause,
phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be
adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which
shall remain in full force and effect.
SECTION 4.
That this ordinance shall take effect immediately from and after its
passage as the law and charter in such cases provide.
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DULY PASSED by the City Council of the City of Coppell, Texas, this the
1p day of , 2009
AP RO D:
DOU S STO ER, MAYOR
ATTEST:
LIB BALL SECRETARY
TO FORM:
ZT E. HAGEp~~ Y ATTORNEY
(REH/cdb 01/19/09--
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