Loading...
CEDC Request 2002/08/01Robert 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.com August 1, 2002 ROBERT L DILLARD. JR. (1913-2000) H. LOUIS NICHOLS LAWRENCE W. JACKSON OF COUNSEL RE: Coppell Education Development Corporation interpretation of Article IV, Section 8(b) of the Bylaws You have asked that we provide you with a legal opinion regarding our interpretation of Article IV, Section 8(b) of the Bylaws of the Coppell Education Development Corporation (CEDC). Specifically, you are requesting that we provide you with an opinion as to whether or not a charter school, which maintains its administrative and teaching facility in Irving, Texas (Valley Ranch), would qualify for funding application grants to the CEDC. As we have previously opined to you in a letter dated May 8, 2002, a charter school is considered a publicly funded institution for the purposes of State law. The underlying statute under 379A, TEXAS. LOCAL GOVERNMENT CODE, provides that a municipality may enter into agreements with accredited educational institutions for use of scholarship money as well as contract with both public and private entities for performance of the duties and responsibilities as permitted under the enabling legislation. In addition, we reviewed the Articles of Incorporation of the CEDC, the appropriate ordinances and the election ballot propositions. The proposition indicated that the funds generated from the sales tax adopted under § 379A may be used for "educational programming" in preparing a future workforce. There are not any words of limitation in the statute or ballot language which would specifically preclude the inclusion of charter schools. We have considered the Articles of Incorporation, which provided under its purposes in Section 4.01: 4.01 the purpose or purposes for which the Corporation is organized for the purpose of financing programs to publicly funded institutions through the Coppell Education Development Corporation for the promotion of literacy, foreign language and career technology for a skilled workforce, as authorized by Section 379A of the TEXAS LOCAL GOVERNMENT CODE, as amended." FOR Iv A .DED TO .AYOR AND COUNCIL 1 ` A TC.. '" -- ems_ Mr. Jim Witt August 1, 2002 Page 2 Likewise, there were not any words of limitation to specifically exclude a charter school. Section 4.02 of the Articles does include the word "district ", which would indicate that public institutions are to be funded by those independent school districts located within the corporate limits of the City. However, there is not strong enough language in the Articles to preclude a charter school as that term is defined and interpreted under the State law. We cite the enabling legislation, the ballot language and the Articles of Incorporation to provide a backdrop for interpretation and the intent of the Board of Directors and the City in adopting the Bylaws. The Bylaw provisions which is in question specifically states: B. All grants made by the Board of Directors shall be made .to publicly funded institutions in proportion to the number of students of each publicly funded institution located with the corporate limits in accordance with total enrollment figures as of January 15 of each calendar year." The question then becomes, does the charter school, which is physically located in Irving, constitute a "publicly funded institution located in the corporate limits" of the city. In interpreting this provision it is clear it was the intent that the provision was to include traditional independent school districts with boundaries located within the corporate limits of the City of Coppell. Under normal circumstances, the Carrollton- Farmers Branch, Lewisville, and Coppell Independent School Districts are included as being "publicly funded institutions located within the corporate limits ". A+ strict interpretation would lend itself to the conclusion that if an independent school district boundary were located within the corporate limits of the City, it would be eligible for funding based on the formula provided in the Bylaws. The Charter for North Hills does establish boundaries as the Cities of Coppell, Irving and Farmers Branch. Under the State statutes and regulations adopted thereunder, a charter school does not have boundaries to serve those communities as stated in its charter and contract. Also, enrollment is premised on residents within such boundary provided by Charter and contract with the State of Texas. Hence, we would conclude that the boundaries of the North Hills Charter School are within the City of Coppell and would be eligible for funding as a public institution located within the City of Coppell. We hope this has been instructive. If you have further questions or have additional information, please provide the same to us at your earliest convenience. REH /cdb "Section 8. Powers. A Very truly yours, NICHOLS, JACKSON, DILLARD, Bv. HAGER : t H, .P. Ie.O.d Robert E. - * er NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P 49466 July 18, 2002 Mr. Robert Hager Nichols, Jackson, Dillard, Hager & Smith 1800 Lincoln Plaza 500 N. Akard Street Dallas, Texas 75201 Dear Robert: ` - s p 'I�Jim Witt / City Manager JW:kb 11 cc: CEDC T H E •C 1 T Y •O F COFPELL RE: Legal Opinion of Publicly Funded Institutions On behalf of the Coppell Education Development Corporation (CEDC), I would like you to review and provide us a legal opinion regarding Section 8B of the Bylaws of the CEDC. Those Bylaws need to be reviewed with regard to the question of whether or not publicly funded institutions outside the City of Coppell may receive funding from the CEDC. I would appreciate a response by August 14, 2002 regarding this question. 255 PARKWAY * P.O.BOX 478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673