Villages of CC P5-CS 961107 GRAND LAND 96, L.P.
Royal Central Tower
11300 North Central Expressway
Suite 200
Dallas, Texas 75243
214/750-6528
Fax 214/750-6849
November 7, 1996 Via Fax 972-304-3673
Pete Smith
City Attorney
City of Coppell
Re: Villages of Cottonwood Creek Section V
Dear Mr. Smith:
On August 6, 1996, our engineer, Tipton Engineering Inc., requested a credit against the
Roadway Impact Fees levied on our project. As part of the construction of our project, we are
planning to install storm drainage improvements along Coppeli Road which is currently
unimproved. I have yet to receive any written correspondence returned from the City indicating
either acceptance or denial of our request. It is my understanding that according to state law, we
are due a credit for the cost of our improvements. I have included, following this
correspondence, an opinion letter from Art Anderson at Winstead Sechrest & Minick to this
effect.
I would like a positive response to our request as quickly as possible as we are ready to
recommence our development of this project; however, we are being delayed by the release of the
plans which will not be stamped until this issue is resolved.
Sincerelv yom:s, ~
Executive Vice President
EDT:jib
cc: Pat Atkins, Tipton Engineering Inc. - Via Fax - 972-226-1946
Art Anderson, Winstead Sechrest & Minick - Via Fax - 214-745-5390
f:¥roj ecl.~cottonwdX~smith
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November 6, 1996
V~A FAX 214/'/$0-6849
Mr. Ed Toole
Grand Homes
11300 N. Central Expressway
Suit= 200
Dallas, TX '/5243-6705
Re: City of Coppell
Dear Ed:
We have reviewed the materials sent by Pat Atkins regarding your rights to offset the costs of
drainage improvements along Coppell Road against City of Coppell impact fees for roadways. This issue
is covered by Chapter 395 of the Texas Local Government Code. Section 395,001($) defines collectors
or after/als on a thorou~fare plan such as Coppell Road as "roadway facilities". The drainage
improvements apparently are associated with Coppell Road improvements. Section 395.023 addrosses the
matter as follows;
"Any construction of, contributions to, or dedication of off-site roadway facilities agreed
to or r~quired by a political subdivision as a condition of development approval shah be
credited against roadway facilities impact fees otherwise duc from the development."
The roadway facility need not be listed on the City's capital improvement plan. If you have any
questions or desire additional information, please do not hesitate to contact me or Kirk.
Sincerely,
Arthur J. ^n~erson
AJA/plg
cc: Pat Atkins (via fax
ICi~k Williams
DA9631 ! 0217
I 10696 v2