Gateway BP (1.1)-CS 901123SALLINGER, NICIt0LS, JACKSON,
KIRK & DILLARD
(Fo 'me' y Saner, J ok, S~ linger & Nichols)
Att¢ '~ ~ys & (',o s '$ at Law
November 23, 1990
Ms. Shohre Daneshmand
Acting City Engineer
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re: Our File No. 601
Gateway Business Park, Waterline Refund Request
Dear Shohre:
This is in response to your request that I review the letter
from Albert H. Halff Associates dated September 6, 1990 and the
Letter from Ginn, Inc. dated October 18, 1990, copies of which are
attached.
The Albert Halff letter requests that the city refund
$118,800.46 for installation of the 16-inch water line along
Gateway Boulevard from Freeport Parkway west, a distance of 2,663
feet ending approximately 850 east of Royal Lane.
Albert ltaiff's claim is based on tile contention that tile line
is a part of the Coppell Capital Improvement Plan, was installed at
the request of the city and is in conformance with the Coppell
Subdivision Ordinance, Capital Improvement Plan and Impact Fee
Ordinance and State Bill 336.
Ginn, Inc. answers the Halff claim by saying that the Coppell
Impact Fee Ordinance No. 90-478 which was adopted June 12, 1990,
the same date that Gateway Business Park Final Plat was adopted,
was not effective until publication of its caption on June 15,
1990, and therefore refund is not due under this ordinance, but, is
controlled by the provisions of the Subdivision Ordinance in effect
until June 15, 1990.
Ginn, Inc. is correct in that Ordinance 90-478 did not become
effective until publication of the caption. These two letters do
not give us enough facts to conclusively rule out any liability on
the part of the city for a refund.
I feel that we should meet and review all the facts involved
in connection with the construction of this line.
LWJ/wp
Alan Ratliff (w/encl)
Steve Goram (w/encl)
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
' - / Lawren°V~/*'~ks°n