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OR 185-A-1 Amends Ordinance 185 by adding Section 5.08 entitled "Park & Recreation Faciltites" AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 185A1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE NO. 185 KNOWN AS THE SUB-DIVISION ORDINANCE OF THE CITY OF COPPELL, TEXAS, BY ADDING THERETO A NEW SECTION 5.08 ENTITLED "PARK AND RECREATIONAL FACILITIES"; DECLARING A POLICY TO PROVIDE SUFFICIENT PARK AND REC- REATIONAL FACILITIES WITHIN THE CITY; DEFINING THE TERMS "NEIGHBORHOOD PARK" AND "COMMUNITY (POCKET) PARK; ESTABLISHING A FEE SCHEDULE FOR FEES IN LIEU OF ACTUAL DEDICATION OF LAND; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY 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 (SUB-DIVISION ORDINANCE). That Ordinance No. 185, the Sub-Division Ordinance of the City of Coppell, heretofore passed by the City Council of the City of Coppell, Texas, is hereby amended by adding to Section 5 of said ordinance a new sub-section which sall 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 shall endeavor to provide sufficient recreational facilities within the City so as to adequately provide for and primarily benefit persons in the various residential sub-divisions of the City. This policy will be carried out under the provisions of this seciton 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 community 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 sub-division 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. Because of the complexity of the plan, the City has determined that sub-divisions containing acreage less than certain amounts should not be required to dedicate land upon initial request for plat approval. Because of the infeasibility of dedication of land in particular sub-divisions, the City has determined that a fee in lieu of actual dedication shall be required, to allow the City, at some future date and at a time when the design criteria dictates, to purchase land 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 properly insures that the fee in lieu of dedication shall adequately provide funds which may be used to purchase sufficient land upon which to provide park and recreational facilities to fulfill the need for such facilities caused by the influx of persons into the community by reason of sub-division development. 3. Requirements for dedication of land or payment of fee for park and recreation development. a. Prior to the approval of any final residential sub-division plat, the need for park and recreational facilities required to serve the platted area shall be determined and approved by the City Council on the basis of the standards and guidlines 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 Sub- divider or Developer shall be required to pay a cash payment to the City of Coppell for acquistton or development of park sites. The cash payment shall be in the sum of one hundred fifty dollars ($150.00) per platted lot and other consideration, if accepted by the City Council. The size and type of these park facilities shall be determined by the City Council in accordance with standards as set forth herein and with the established designs criteria. Each Townhouse or Multi-family unit shall pay seventy-five dollars ($75.00) for each unit. c. In each of the above instances in paragraph (b), the Sub-divider or Developer shall 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 Sub-divider, 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 Sub-divider or Developer plat be rejected by the City Council, all payments provided in this ordinance shall be refunded to the Sub-divider or Developer in full. d. In the event the other considerations is land to be dedicated, which abuts a street, water or sewer utility, such street and utility shall be dedicated to the City along with the land. 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 Park Fund of the City and said funds shall 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. SECTION 3. SEVERABILITY CLAUSE. If any article, paragraph, sub-division, 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 separtate offense and shall be punished accordingly. SECTION 5. EFFECTIVE DATE. This ordinance shall 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 theday of APPROVED AS TO FORM: APPROVED: ~y,~~..~ '/ MAYOR ATTEST: CITY ATTORNEY