Alexander Ct-AG070828 (2)
AGENDA REQUEST FORM
DEPT:
City Secretary
August 28, 2007
ITEM #: laIC
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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'
1 OJ.: I.....L::~r'I...jf"'\I""fD,........................~l ,......... 1 ^ D
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS, CREA TING A PROCEDURE TO HOLD HEARINGS FOR
APPEALS OF PROPORTIONALITY OF MUNICIPAL
INFRASTRUCTURE COST; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, state law authorizes the developer to appeal the amount required for
infrastructure improvement fees to the governing body of a city; and
\VHEREAS, the governing body shall hear the appeal pursuant to rules of procedure it
adopts; and
WHEREAS, the City of Coppell City Council desires to establish the procedures for said
hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, AS FOLLOWS:
SECTION 1. That the City of Coppell, Texas, by and through its governing body hereby
adopts the following procedures for hearings held by the City Council to appeal the proportionalty of
municipal infrastructure costs pursuant to ~ 212.904 of the Texas Local Government Code:
I. the presiding officer of the City Council shall call the agenda item and open the hearing;
2 the developer shall present evidence and testimony regarding the disputed determination of
the proportionality of infrastructure improvement fees;
3. the council may ask questions of the developer or the developer's witnesses;
4. the city staff or representatives may offer evidence regarding the disputed determinations;
5. the city council may ask questions of the city staff or representatives;
6. the city council may call any witness or enter any evidence they desire to have further
explanation or response on the disputed issues.
SECTION 2. That this Resolution shall take effect immediately from and after its
passage as the law and charter in such cases provide.
TM 19123
DULY PASSED by the City Council of the City ofCoppell, Texas, this the
,2007.
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 8/20!(7)
APPROVED:
day of
DOUGLAS N. STOYER, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
2
TM 19123