Town Center L1B2-CS 96080508×06×96 11:45
NICHOLS JACKSON DILLARD HAGER...
CITY OF COPPELL
N0.758
P00~×005
LAWRENCE W, ,JACK~ON
ROBERT L. DILLARD
ROBERT E. HAGEn
PETER G..~I,,IITH
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L,L.P.
Attorneys & Couns~lor~ at IAw
1~00 L/n~o[n Plaza
500 North Akard
Dallas, Texas 75201
(214) 965.9900
Fax (214) 965-0010
dC~-iN F. I~IOEI.4M
JENkli~Elnl I=1.
JASON C. MAI4$~"IALL
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VIA FACSIMU.I~. 233-5881
August 5, 1996
HarryM. Hargrave
Harry M. HargraveInvestments
12221MeritDrive
SuRe # 1750
Dall~, Texas 75251-2252
RE: Raadwa~ Impact Fee~
Dear Mr. Ha'grave:
This will acknowledge of your letter dated July 15, 1996 regarding the City of Coppell's
assessment of roadway impact fees for the property which Ewing Property Company intends or
ha~ acquired from the Parks of Coppell Trust.
In your letter, you recite that the previous contractual asreements by and between the
Parks of Coppell Trust and the City of Coppetl provide that no sueet or road a,qsessment shall be
levied by the City against the property in question. We have reviewed the ofisjnal agreement
between the Parks of Coppell Joint Venture H (PCJV ID and the City of CoppeH, dated
December 30, 1992, the amendment to contract a sale between the aforesaid parties dated January
27, 1987 and the second amendment to contract of sale.
In our review of the agreements, we were unable to find any provision which would
preclude the City from assessing roadway impact fo~s for proporty presumably the subject of the
v~ous agreements. The original contract of ~e ~ amended, essentially provides that the subject
property shall be developed in accordance with tho Zoning Ordinance No. 204-A-16 as amended
and the Subdivision Ordinance, Ordinance No. 185 a~ amended. The City'~ impact fee for
roadway facilities is not contained in the Zoning Ordinance nor the Subdivision Ordinance and
therefore does not appear to be subject to the terms and limitations of the various agr~ments.
Notwithstanding the above, we are willing to discuss this matter in order to resolve this
matter amicably. We have contacted Richard M. Dooley of Jackson & Walker, L.L.P. to discuss
this matter, however, he is on vacation and not expected ';: remm for approximately ten (10)
852240
NICHOLS IACKSON
DILLARD HAGER...
CITY
OF COPPELL
N0.738
P003×005
Har~ M. I-largrave
August 5, 1996
Page -2-
days. When he returns, we arc available to discuss the terms of the agreement with you, legal
counsel as well as lVlr. Caldwell or other rc, presentatives of £winl{ Property, Co. Please contact
me at your earliest convenience so that we may arranEe a mutually convenient date to discuss this
matter.
Thank you for ),our attention to this matter.
V~y truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
PGS/ttl
]~nclosurc
Kevin Caldwell
Jun Witt
Ken G-tiffin
Rich~d Dooley
VIA FACSIMH,E 248-6701
VIA FACSIMILE 304-3623
VIA FACSIMILE 304-3623
VIA FACSX]Vf]LE 953-$822
NICHOLS, JACKSON. DILLARD, HAGER & SMITH, L.L.P.