Gateway BP (1.1)-CS 901018 GINN, INC.
October 18, 1990
CONSULTING ENGINEERS
Ms. Shohre Daneshmand, P.E.
City of Coppell
P.O. Box 478
Coppell, TX 75019
Re: Gateway Business Park
Waterline Refund Request
Dear Ms. Daneshmand:
We have reviewed the request from Albert H. Halff Associates,
Inc. dated September 6, 1990 for reimbursement of 'the costs of
construction of the 16" waterline in Gateway Boulevard. After
reviewing Ordinance No. 90478, which adopted the Impact Fees, it
is our opinion that unless the Gateway Business Park Final Plat
was approved by the City Council with the stipulation that it be
subject to the requirements of the Impact Fee Ordinance, it is
not subject to the provisions of said ordinance. The Final Plat
was approved on June 12, 1990, as was the Impact Fee Ordinance,
but the Impact Fee Ordinance was not effective until the date of
publication of its caption on June 15, 1990. Therefore, we have
consulted the city of Coppell Subdivision Ordinance to determine
the amount of any refund to which the developer may be entitled.
The Subdivision Ordinance addresses this situation in Section 7
on pages 7 and 8 of Appendix B, which states that the city of
Coppell will refund the incremental cost of water mains over 10
inches in diameter. The Subdivision Ordinance also states that
the refund shall be determined on the basis of the difference
between the unit prices established in the ordinance. The net
reimbursement allowed by the Subdivision Ordinance is $7.00 per
lineal foot which amounts to $18,641.00. Payment of the refund
is addressed by the last sentence of Section 7: "If the city has
no funds available, it is not required to participate in
oversizing costs".
Our opinion stating that this project is not covered by the
Impact Fee Ordinance is based on our understanding of the
ordinance and the facts of this case as a Consulting Engineer.
We suggest that the city Attorney also review this request.
Please call me if you have any questions.
Sincerely,
John C. Karlsruher, P.E.
Senior Engineer
cc: File 90441 Steve Goram H. Wayne Ginn, P.E.
17103 Preston Road · Suitc 100 · LB 118 · Dallas, Texas 75248 · Phone 214/248-4900