Gateway BP(1.1)-CS 901206 FILE COPY
MEMORANDUM
DATE= December 6, 1990
TO= Steve Goram, Director of Public Works
FROM: /M. Shohre Daneshmand, Acting City Engineer~~-~.
Gateway Business Park
Waterline Refund Request
(Tickler 12/5/90)
As a follow-up to above, I received the City Attorney's response on
Albert H. Halff's and Ginn's correspondence. I intend to set up a
meeting by next week, among affected parties and discuss this
issue, as requested by Larry Jackson. (See attached letter dated
November 23, 1990).
Please let me know if you have any questions.
Next Check Date: December 18, 1990
MSD/bd
GATE4.MSD
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
A_FRED 5ALL NGEF~ (Formerly Saner, Jack, Sallinger & Nichols)
_~w~--~c~_ .~. ~c~s.os Attorneys & Counselors at Law
~'~ ~'~ 1800 Lincoln Plaza
.os~n~ ~ v ~u.~ .-, 500 N. A~rd
~OBE~T L. D';L~D. J~. Dallas, ~xas 75201
.. LC~,S ~.C>O.S (214) ~-~3~3
c.r COV~S~L Facsimile (214) 954-~334
Nove~et 23~ 1990
Ms. Shohre Daneshmand
Acting City Engineer
city of Coppell
P. O. Box 478
Coppell, Texas 75019
Re: Our File No. 601
Gateway Business Park, Waterline Refund Request
Dear Shohre:
This is in response to your request that I review the letter
from Albert H. Halff Associates dated September 6, 1990 and the
letter from Ginn, Inc. dated October 18, 1990, copies of which are
attached.
The Albert Halff letter requests that the city refund
$118,800.46 for installation of the 16-inch water line along
Gateway Boulevard from Freeport Parkway west, a distance of 2,663
feet ending approximately 850 east of Royal Lane.
Albert Halff's claim is based on the contention that the line
is a part of the Coppell Capital Improvement Plan, was installed at
the request of the city and is in conformance with the Coppell
Subdivision Ordinance, Capital Improvement Plan and Impact Fee
Ordinance and State Bill 336.
Ginn, Inc. answers the Haiff claim by saying that the Coppell
Impact Fee Ordinance No. 90-478 which was adopted June 12, 1990,
the same date that Gateway Business Park Final Plat was adopted,
was not effective until publication of its caption on June 15,
1990, and therefore refund is not due under this ordinance, but, is
controlled by the provisions of the Subdivision Ordinance in effect
until June 15, 1990.
Ginn, Inc. is correct in that Ordinance 90-478 did not become
effective until publication of the caption. These two letters do
not give us enough facts to conclusively rule out any liability on
the part of the city for a refund.
I feel that we should meet and review all the facts involved
in connection with the construction of this line.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DIL~D
LWJ/~
cc:
Alan Ratliff (~encl)
Steve Goram (~encl)
GINN, INC. CONSULTING ENGINEERS
October 18, 1990
· Ms. Shohre Daneshmand, P.E.
City of Coppell
P.O. Box 478
Coppell, TX 75019
Re: Gateway Business Park
Waterline Refund Request
Dear Ms. Daneshmand:
We have reviewed the request from Albert H. Halff Associates,
Inc. dated September 6, 1990 for reimbursement of the costs of
construction of the 16" waterline in Gateway Boulevard. After
reviewing Ordinance No. 90478, which adopted the Impact Fees, it
is our opinion that unless the Gateway Business Park Final Plat
was approved by the City Council with the stipulation that it be
subject to the requirements of the Impact Fee Ordinance, it is
not subject to the provisions of said ordinance. The Final Plat
was approved on June 12, 1990, as was the Impact Fee Ordinance,
but the Impact Fee Ordinance was not effective until the date of
publication of its caption on June 15, 1990. Therefore, we have
consulted the City of Coppell Subdivision Ordinance to determine
the amount of any refund to which the developer may be entitled.
The Subdivision Ordinance addresses this situation in Section 7
on pages 7 and 8 of Appendix B, which states that the City of
Coppell will refund the incremental cost of water mains over 10
inches in diameter. The Subdivision Ordinance also states that
the refund shall be determined on the basis of the difference
between the unit prices established in the ordinance. The net
reimbursement allowed by the Subdivision Ordinance is $7.00 per
lineal foot which amounts to $18,641.00. Payment of the refund
is addressed by the last sentence of Section 7: "If the City has
no funds available, it ~ not required to Darticipate in
oversizing costs".
Our opinion stating that this project is not covered by the
Impact Fee Ordinance is based on our understanding of the
ordinance and the facts of this case as a Consulting Engineer.
We suggest that the City Attorney also review this request.
Please call me if you have any questions.
Sincerely,
John C. Karlsruher, P.E.
Senior Engineer
cc: File 90441 Steve Goram H. Wayne Ginn, P.E.
17103Pr~tonR~d · Suitel~ ® LBII8 · Dall~,Texas75248 ® Phone214/248~9~
ALBERT It. IIALFF ASSOCIATES, INC. [,J) -'
ENGINEERS · SCII;NTISTS · SURVI;Y()RS SEPl0 1~30
,)Al.LAS. ARI.INCH'ON' {:IIICA(;(,. ,'ORT WORTll
8616 HOIITIIWESI PI A/A DIBVE - DALi AS. 1LXAS
~.~3~ .o~4 September 6, 1990 ---
AVO 10564
City of Coppell
255 Parkway Boulevard
Coppell, TX 75019
Att: Mr. Steve Goram
Director of Public Works
Re: Gateway Business Park
Coppell, Texas
Water Line Refund
Dear Steve:
This letter is to request payment, from the City of Coppell, for the 16-inch water line
to be constructed with the above referenced project. The 16-inch water line is being
installed along Gateway Boulevard from Freeport Parkway west, a distance of 2,663 feet
ending approximately 850 feet east of Royal Lane. This line is a part of the City of Coppell
Capital Improvement Plan and is being installed at the request of the City. The request for
payment of this line is in conformance with the City of Coppell Subdivision Ordinance,
Capital Improvement Plan and Impact Fee Ordinance and State Bill 336 as passed.
The cost to be refunded, based on bid unit prices, is $11.8,800.46. Please see the
attached Bid Tabulation for this project (Exhibit A) and the Cost Calculation (Exhibit B).
The construction of the 16-inch water line began on July 30, 1990.
If you have any questions or require any further information please contact me.
Thank you for your time and consideration in this matter.
Very truly yours,
ALBERT H. HALFF ASSOCIATES, INC.
Patrick L. Acker, P.E.
cc: Wayland Threadgill, Catellus Development Corp.
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