Alexander Ct-AG070828 (2)
AGENDA REQUEST FORM
DEPT:
City Secretary
August 28, 2007
ITEM #: laIC
.---'"
THE.CiTY.OF
corrELL
DATE:
D WORK SESSION
o CONSENT
D REGULAR
ITEM TYPE: RESOLUTION
ITEM CAPTION:
Consider approval of a Resolution creating a procedure to hold hearings for appeals of proportionality of Municipal
Infrastructure Cost; and authorizing the Mayor to sign.
GOAL(S): ~
~
IIII
EXECUTIVE SUMMARY:
State law allows a developer and/or property owner to appeal certain development fees associated with
infrastructure costs. This agenda item sets forth the process by which this type of appeal will be administered.
The City Attorneys office will be present to provide advice and guidance regarding this matter. This is the first appeal
that any existing staff can recall.
FINANCIAL COMMENTS:
Staff recommends approval.
ACTION TAKEN BY COUNCIL:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
Res. # 2007-0828.1
RECOMMENDED ACTION:
M - Peters
S - Faught
Vote - 6-0
Franklin absent
. Libby Ball
~.. 20070920
11.3531
-05'00'
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Page 1 of 1
aESOLUTIONNO. ~oo1- Oa~B. I
A RESOLtmON OF TIlE CITY COUNaL OF THE CJ1Y OF COPPr.I..4
TEXAS. CREA11NG A PROCEDURE TO HOJJ) IlEARINGS FOR
APPEAlS OF PROPORTIONALITY OF MUNICIPAL
INFRASTRUCTURE COST; AND PROVIDING AN EFFECI1VE DATE.
WHEREAS, stale taw ~ the deve:loper to appeal the amount required for
infi'utNcture improwment fees to the sovc:mins body of I city; and
WBDt.EAS. tbe governing body IhaJI hat the appeal pursuant to rules of procedure it
adopu; and
WHEREAS, the City of Cappel! City Cwncil desires to establish the procedures for Mid
hearinJ.
NOW. TBERE.Jl'ORE. BE IT RESOLVED BY THE CITI" COUNCIL OF 11IE CITY
0' COWELL, TEXAS, AS FOLLOWS:
SECI'ION 1. That the City of Coppdl. Texas. by and through its governing body hctcby
adopts the foUowina procedures for hearings held by the City CoulliCil to appW the propooionalty of
municipal infi'aslNcture costs pursuant to S 212.904 of the Texas Local Government Code:
I. the preading officer of the City Council shall call the agenda item and open the hearing;
2 the developer shall present evidence and testimony regarding the: diSIJUtCd det.ennination of
the proponionality ofinftut.ructun.: improvement fees;
J. the council may uk queltions of the developer or the devd0p8' s witneues;
4. the city staff Of representatives may offer evidence regarding the disputed determinations;
S. the city counQl may uk queaions of the city Jtaff or representatives;
6. the city council may call any wtlftC$S or enter any evKJence they desire to have futth<<
explanation Of response on the disputed issues.
SECTION 2. That this Resolution shaU take etl'e<:timmediately from and after ill
passase as the law and charter in such cues. prov;de
N191:rJ
Page 1 of 1
DULY PASSED by the City Council ofthe city ofCoppell. Texas. this the ~~ay of
~" A:I': .2007.
A TrEST:
~~8d/~
B B SECRETARY
APPROVED AS TO FORM:
~i~. ~
ROBEllT E. HAGER. .ATIORNEY
(RJ?HfaI> IfJOO7)
2
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