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OR 185-A-2 OR 185-A-2 sufficient park & recreational facilities AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 185A2 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE NO. 185 KNOWN AS THE SUBDIVISION ORDINANCE OF THE CITY OF COPPELL, TEXAS, BY AMENDING SECTION 5.08 ENTITLED "PARK AND RECREATIONAL FACILITIES"; DECLARING A POLICY TO PROVIDE SUFFICIENT PARK AND RECREATIONAL FACILITIES WITHIN THE CITY; DEFINING THE TERMS "NEIGHBORHOOD PARK" AND "COMMUNITY (POCKET) PARK; ESTABLISHING A PRO RATA UNIT FEE TO PROVIDE FUNDS FOR THE DEVELOPMENT OF PARK AND RECREATIONAL FACILITIES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVER ABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. AMENDING ORDINANCE 185 (SUBDIVISION ORDINANCE). That Ordinance No. 185, the Subdivision Ordinance of the City of Coppell, heretofore passed by the City Council of the City of Coppell, Texas, is hereby amended by amending Section 5.08 of said ordinance to read as follows: "5.08 Park and Recreational Facilities. 1. Policy. It is hereby declared to be the express policy of the City that the City shah endeavor to provide sufficient recreational facilities within the City so as to adequately provide for and primarily benefit persons in the various residential subdivisions of the City. This policy will be carried out under the provisions of this section and the design criteria established for various types of parks and neighborhood facilities. The following types of parks and facilities will be provided according to the need as determined by the City Council on recommendation of the Planning and Zoning Commission. a. The enmmunity park. This type of park is defined as one designed for use of citizens from all parts of the City. b. The neighborhood (pocket) park. This type of park is defined as one designed for but not limited to use of citizens residing within the subdivision wherein the park is located. 2. Standards and Guidelines. a. The City has developed a design criteria for the express purpose of planning an integrated and cohesive park and recreational facility plan. The City has determined that a pro rata unit fee shah be required of each subdivision to allow the City, at some future date and at a time when the design criteria dietates, to parchase park land and park facilities in the location, and of the appropriate size to be the most advantageous selection in conformity with the selected design criteria. The City has determined that the fee schedule hereinafter set forth will adequataly provide funds which may be used to parchase suffidient land upon which to provide park and recreational faeilitias to fulfill the need for such facilities caused by the influx of persons into the community by reason of subdivision development. 3. Requirements for payment of fee for park and recreational development. a. Prior to the approval of any final residential subdivision plat, the need for park and recreational facilities required to serve the platted area shah be determined and approved by the City Council on the basis of the standards and guidelines set out herein and the established design criteria for neighborhood parks and community parks and other recreational facilities as promulgated by the City Council or its duly authorized Park and Recreation Board. b. Upon submission and approval by the City Council, the Subdivider or Developer shall be required to pay a cash payment to the City of Coppell for acquisition or development of park sites. The cash per platted lot, if accepted by the City Council. The size and type of these park faeilitias shaft be determined by the City Council in accordance with stEmderds as set fo~th herein and with the established designs criteria. Each Townhouse or Multi-family unit shall pay $7~'65(Jb~_.~/-~t~d~or ) each unit. c. In each of the above instances in paragraph (b), the Subdivider or Developer shah pay, upon submission and approval of the final plat, the sum of 50% of the amount specified above, and the remaining 50% shall be paid by the Subdivider, Developer or Builder at such time as a building permit is issued for the construction of a Single family unit or a Multi-family unit on the platted lots. Should a Subdivider or Developer plat be rejected by the City Council, all payments provided in this ordinanee shall be refunded to the Subdivider or Developer in full. 4. The pro rata unit cost shall be based upon the actual number of platted lots or constructed living units contained and shown within the final plat. All pro rata charges made under the provisions of this ordinance shall be deposited in the Perk Fund of the City and said funds shah be used only for purposes of providing park and recreational facilities to the citizens of the City." SECTION 2. REPEALING CLAUSE. All parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Ordinance 185-A-1 is hereby specifically repealed. SECTION 3. SEVERABILITY CLAUSE, If any article, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the parts so declared to be invalid or unconstitutional. SECTION 4. PENALTY CLAUSE. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed Two Hundred Dollars ($200.00) for each offense, and each day that such violation continues shall constitute a new and separate offense and shall be punished accordingly. SECTION 5. EFFECTIVE DATE. This ordinance shah take effect immediately from and after the publication of its caption as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the APPROVED: ATTEST: APPROVED AS TO FORM: