CEDC Certifications 2003/03/18Robert E. Hager
E -mail: rhager@njdhs.com
Mr. Jim Witt
City Manager
City of Coppell
255 Parkway Boulevard
P. O. Box 9478
Coppell, Texas 75019
Dear Mr. Witt:
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965 -9900
Fax (214) 965 -0010
E -mail NJDHS @ NJDHS .c om
March 18, 2003
RE: CEDC Certifications from School District
ROBERT L. DILLARD, JR. (1913 -2000)
H. LOUIS NICHOLS
LAWRENCE W. JACKSON
OF COUNSEL
Via Facsimile 972- 304 -7063
and U.S. First Class Mail
You have asked us to provide you with a legal opinion concerning the ability of the
Coppell Education Development Corporation ( "CEDC ") to consider not making a grant to a
school district that does not provide us with enrollment information.
In responding to this question, we have reviewed the Articles of Incorporation, the
Bylaws of the Corporation, as well as the "Better Jobs Act" being Section 379A.001 et seq. of the
TEXAS LOCAL GOVERNMENT CODE. There is no specific requirement under the statute. The
grant policy and the Bylaws of the CEDC requires that in order to make an equitable distribution
each school district that is located within the geographical jurisdiction of the City of Coppell
submit enrollment information by February 1st of each calendar year in order to make an
equitable division of the funds for grant purposes. Under the Bylaws of the Corporation, the
Corporation is required to annually propose a budget and a distribution of its funds in accordance
therewith. If a school district does not certify to the CEDC enrollment information upon which it
can base a budget decision, the Corporation must exclude that school district from consideration.
The Corporation cannot make a grant unless funds are budgeted, otherwise it would violate its
own "grant policy" and Bylaws. As a result, we would recommend for any school district that
does not provide enrollment numbers, that they would be excluded from grant consideration. If
enrollment information is not provided, the Corporation is obligated to by -pass it for grant
consideration.
Mr. Jim Witt
March 18, 2003
Page 2
We hope this answers your question. If you have any other issues involving this matter,
please feel free to contact us at your convenience so that we may address them.
REH /cdb
Very truly yours,
NICHOLS, JACKSON, DILLARD,
By:
HAGER & S ' ` , LLP
7" /
Robert E. Hager
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
54513