Waterside P2-CS 920824 Coppell, Texas 75019
The City With A Beautiful Future 214-462-0022
August 24, 1992
Mr. Larry Jackson, City Attorney
Sallinger, Nichols, Jackson, Kirk, Dillard
1800 Lincoln Plaza/500 N. Ackard
Dallas, TX 75201
Re: Erosion Sedimentation Control Code Ordinance #91514
Dear Mr. Jackson:
After reviewing the above referenced ordinance, it has come to my attention that prior to acceptance of
any project by the City of Coppell, a two year maintenance bond should be obtained from the developer.
The bond can be in the form of cash, certificate of deposit, surety bond or irrevocable letter of credit.
We have just recently enforced this ordinance on Waterside Estates #2. However, several questions came
up that are not specifically addressed in the ordinance. Those questions are:
1) Will the funds be returned to the Developer at the end of the two years with all accrued
interest?
2) If cash is deposited, can the account be structured such that it's a draw down account, i.e.
if maintenance is needed during the two year period, can the developer perform the
maintenance and then be reimbursed by the City from this account?
3) Where should the funds be deposited with the Finance Department, i.e. should there a
separate account set up since it's possible that the funds will be refunded in two years?
The current ordinance does not address what happens at the end of the two years. Because this is required
on all projects and also, because we are in the process of requiring it on all past projects since the
effective date of the ordinance, it is important that the City know how to properly handle the funds. Also,
we need to be able to inform the developers what happens to the funds at the end of two years.
If any changes are needed to the ordinance, please advise and those can be brought forth at a future City
Council meeting for consideration by the City Council. If you have any questions and need additional
information, please feel free to contact me at your convenience.
Sincerely,
Kenneth M. Griffin, P.E.
City Engineer
cc: Alan D. Ratliff, City Manager
Frank Trando, Finance Director
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