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Villages of CC P5-CS 961106// WINSTEAD SECHREST & MINICK ,400 ~ ~ SECHRF~T ~14) '745-.~4oo 1201 Rim Street ~,, ~,,,~,o~,~ & MINICK ~'~"~'"'~ A ~e~sion~l Cor~cion ~L~ ~ ~A~N Attorneys · Counselo~ ~ C~ DIm~t Dial; (2~4) 74~-S745 e~dc~on~wins~nd.com Nowmber 6, 199fi V'IA FAX 214/750-6849 Mr. Ed Toole Grand Homes 11300 N, Central Expressway Suite 200 Dallas, TX 75243-6705 Re'. City of Coppell Dear Ed: We have reviewed the materials sent by Pat Atklns 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 th~, Texas Local Government Code. Section 395.001(1t) defines collectors or arterials on a thoroughfare plan such as Coppell Road as "roadway facilities". The drainage improvements apparently are associated with Coppell Road improvements. Section 395.023 addresses the matter as follows: "Any construction of, oontributions to, or dedication of off-site roadway facilities agreed to or required hy a political subdivision as a condition of development approval shall be credited against roadway facilities impact fees otherwise due 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. Anderson AJA/pIg cc: Pat Atkins (via fax 972/226-1946) Kirk Williams DA96311 O217 ! 10696 v2