OR 2001-957 Park land dedication AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2001-957
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES, CHAPTER 13,
SUBDIVISION REGULATIONS BY AMENDING APPENDIX C,
SECTION VII, REQUIREMENT FOR PARK LAND DEDICATION;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING
CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) PER OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has adopted regulations and design criteria and standards for the
development of parks within the Subdivision Ordinance and regulations promulgated thereunder;
and,
WHEREAS, such Subdivision Ordinance and regulations include a requirement for park
land dedication for all subdivision developments within the City of Coppell; and,
WHEREAS, the assumptions that were originally made upon the initial adoption of such
park land dedication standards have not come to fruition; and,
WHEREAS, the development of parks within the City has taken the form of community
parks and are not in the development of neighborhood parks only serving a particular area or zone
within the City; and,
WHEREAS, the park zones established by the Parks and Recreation Department and as
shown on the official Parks, Recreation, and Open Space Master Plan have not been deemed to be
convenient or practicable; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS;
SECTION 1. The City Council hereby finds that the parks for the City of Coppell,
although neighborhood in character, serve all the citizens of Coppell; that such have been
convenient and practical for all the citizens; that "neighborhood parks" have been provided for in
terms of open and green space within the Subdivision regulations; and, that there is no need to
develop a neighborhood park system.
SECTION 2. That the City of Coppell Code of Ordinances, Chapter 13, Subdivision
Regulations, Appendix C, Section VII is hereby amended to read as follows:
"SECTION VII - REQUIREMENT FOR PARK LAND DEDICATION
This section is adopted to provide recreational areas in the form of
community parks as a function of subdivision development in the City of
Coppell. The City Council finds that recreational areas in the form of
community parks are necessary and in the public welfare.
Community parks are those parks providing for a variety of outdoor
recreational opportunities and within convenient distance for all the citizens
and residences of the City and shall be served thereby.
D. Money in Lieu of Land
To the extend D-2 is not applicable, the dedication requirement shall be
met by a payment in lieu of land, at a per acre price set from time to
time by a resolution or ordinance of the City Council, sufficient to
acquire land and provide for adjacent streets and utilities for a
community park to serve the park zone in which such development is
located ....
F. Special Fund: Right to Refund
.... Any funds paid for such purposes must be expended by the City
within ten (10) years of the date received by the City for acquisition or
development of a community park as defined herein .....
SECTION 3. That all provisions of the Code of 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 not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. 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 5. That any person, firm or corporation violating any of the provisions of this
ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a
misdemeanor and, upon conviction in the municipal court of the City of Coppell, Texas, shall be
subject to a fine not to exceed the sum of TWO THOUSAND DOLLARS ($2000.00) for each
offense, and each and every day said violation is continued shall constitute a separate offense.
SECTION 6. That this ordinance shall take effect immediately from and aider its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 28th day
of August, 2001. ~~. i
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY-
~ROBERT E. HAGER, CITY ATTORNEY
(m~H/cdb 8/23/0D
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