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March 17, 1993
Mr. Ron Clark
P.O. Box 340
Sherman, TX 75091
RE: Northlake Woodlands Phase 10 B
Dear Mr. Clark:
On March 15, 1993, you were contacted by Mr. Alan Ratliff, City Manager and myself
concerning a legal opinion regarding the status of fees paid on the above referenced subdivision.
After some discussion, it was decided that you needed the following information: any letters
from the city about the plat, minutes from both the City Council and Planning and Zoning
Commission meetings, the current impact fee ordinance, the water and sewer availability
ordinance in effect at the time of the plat, paper work for previous fees paid and the breakdown
of fees required at the time they were paid.
We have been through our files and compiled a chronological order of various correspondence
and documentation surrounding this subdivision. Some information may or may not be pertinent
to your legal opinion. As I stated in our phone conversation, I am trying to ascertain whether
or not the developer has satisfied his legal requirement for payment of fees, in particular for
water and sewer. Generally, he came forward with his plat in 1985 and paid fees based on the
current ordinance. Because of economic conditions, he chose to subdivide his plat and only final
plat approximately half of his lots. The other half was preliminary platted, however, the final
plat was never followed through on even though the fees were paid. The question posed to me
by the developer of this property is when he comes forward to final plat the property will he be
subject to the new and somewhat higher fees for the development of the property or has he
satisfied his obligation for payment of fees with the fees that were paid in the mid-1980's.
It was our understanding in discussing this issue with you, that the breakdown of cost was
approximately $100 an hour plus court cost, litigation cost, out of pocket expenses and any
copying or travel expenses. Just on the brief synopsis that was presented to you on the phone,
it was your opinion that the review of this material could take from three to six hours. Because
the city is in the process of trying to obtain an easement from this developer to start a project,
an expedient review and written legal opinion on this issue will be greatly appreciated. If in
your opinion you need any additional information or clarification of information provided please
feel free to contact me at your convenience at (214) 393-1016.
Sincerely,
Kenneth M. Griffin, P.E.
City Engineer
CC: Alan Ratliff, City Manager
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