CEDC Certifications 2003/03/06214 965 0010
MHR 06 2003 17:06 FR NICHOLS JACKSON DILLA4 965 0010 TO 9723047063 P.01
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214)965 -9900
(214)965 -0010 FAX
FACSIMILE COVER SHEET
PLEASE DELIVER THE FOLLOWING TO:
NAME: Jim Witt, City Manager
COMPANY: City of Coppell
FAX NO.: 972 - 304 -7063
DATE: March 6, 2003
FROM: Robert E. Hager
TRANSMITTED BY: Cindy Brown
NUMBER OF PAGES (including Cover Sheet):
COMMENTS: CEDC Certifications from School District
THE INFORMATION CONTAINED IN THIS FACSIMILE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL
INFORMATION INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE RECIPIENT IS
NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, DISSEMINATION OR
COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED TIEIS IS ERROR, PLEASE
NOTIFY US IMMEDIATELY BY PHONE AND RETURN THE ORIGINAL MESSAGE TO US AT TIIE ABOVE ADDRESS VIA
THE U.S. POSTAL SERVICE.
' A r ► TO
MAYult AND COUNCIL
MAR 06 2003 17:06 FR NICHOLS JACKSON DILLA4 965 0010 TO 9723047063 P.02
Robert E. Hager
E -mail: rhager @njdhs.com
Mr. Jim Witt
City Manager
City of Coppell
255 Parkway Boulevard
P. 0. 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.com
March 6, 2003
RE: CEDC Certifications from School District
ROBERT L. DILLARD. JR. (1913.2000)
H. LOUIS NICHOLS
LAWRENCE W. JACKSON
OF COMAE.
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 that under the law or
Articles of Incorporation and Bylaws that require a school district to certify numbers. The
"investment" and/or grant policy 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 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 could exclude that school district from consideration until such time as that
information was provided. If the information is provided, the Corporation may wish to amend its
budget accordingly. 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 at least until such time as that information was made available. If such information
is not forthcoming then the Corporation, under its own Bylaws, would be obligated to enact a
budget and under its grant policy to exclude the non school district.
MAR 06 2003 17:06 FR NICHOLS JACKSON DILLA4 965 0010 TO 9723047063 P.03
Mr. Jim Witt
March 6, 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.
REHlcdb
Very truly yours,
NICHOLS, JAC
HAGER &
By:
Robert E. Hager
ILL RD,
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
** TOTAL
54513