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Northlake WE P10B-CS 930116The City With A Beautiful Futurej\\l /L' F'U,RLIC VVO~ :~S_._JI P.O. Box 478 Coppell, Texas 75019 214-462-0022 Mr. Pete Smith X Nichols, Jackson, Kirk & Dillard ~ 1800 Lincoln Plaza 500 N. Akard St. Dallas, TX 75201 ~ iions A&B, Development Fees This letter is written to obtain a legal opinion and/or clarification on how to proceed with the collection of development fees on Northlake Woodlands l~a~t Phases 10-A and 10-B. The history as I can determine is as follows: An original plat for both phases was submitted to the City that included 375 lots. Our development fees in effect at that time stated that the water and sewer availability charge was $440 per lot, but the developer was only responsible for 1/2 of that. Our inspection permit fee was 1.5%. On December 16, 1985, the developer paid the fees for Phases A and B based upon the assessment fees in effect at that time. However, he subsequently only final platted Northlake Woodlands East Phase 10-A which contained 185 lots. The remainder, Phase 10-B, which contained 190 lots, has never been filed and is therefore no longer a valid preliminary plat of record. Mr. Parsons has contacted me to ascertain whether or not his fees have been taken care of for this development. In researching this matter, the question that I have is, because the plat was never filed, do they then need to come back and pay fees on Phase 10-B under our current fee assessment, or does the fact that all fees were paid in good faith in 1985 for the 375 lots suffice for taking care of their fees on Northlake Woodlands East Phases 10-A and 10-B. Attached to this is a copy of the fee schedule from December, 1985, showing that they did in fact pay their fees based on 375 lots. Also attached is a breakdown of a fee reimbursement requested by Mr. Parsons in 1988. I used that fee reimbursement to obtain what the actual fee should have been in just Phase 10-A. Also provided is a letter from Mr. Steve Morton in November, 1987, which provided the street sign fees and inspection fees. If he has satisfied his requirement for the development fees on this subdivision, then my response to Mr. Parsons will be that the only fee outstanding would be any fees associated with additional inspection fees and/or any street fights or street signs fees that would have exceeded what was initially paid in 1985. If your opinion is that they should be under the new fee assessment, then there is a difference to the City of approximately $96,000 plus fees for street signs, street lights, inspection fees and irrigation fees for Phase 10-B. I have provided a breakdown of how I obtained those costs. I am trying to respond to Mr. Parsons in a timely manner, as the City in conjunction with the Grapevine Creek Sewer Line project, is trying to obtain a utility easement from Mr. Parsons. Mr. Parsons has indicated that he would not be agree_able to signing the utility easement until he has an understanding of whether or not his fees have been taken care of on this property. I would be happy to sit down and meet with you on this matter and/or provide any additional information that you may need to make a determination on this issue. Sincerely, Kenneth M. Griffin, P.E. City Engineer cc: Alan D. Ratliff, City Manager Frank Trando, Finance Director ~.~eve Goram, Director of Public Works KMG/pn smith.lung I~tO I '-3-0 7. Preliminary Plat 8. Final Plat - non-=es~dent~a] ~. Final Plat - residential lO. Final Plat - multi-family ll. Final Plat - estate districts 12. Replot These fees shal! be charged on S100 plus St per lot S100 plus $55 per acre $500 plus S20 per lot $100 plus $3 per unit $30 per acre $100 plus tS per lot plots, rego:dless of the action taken by the Planning and Zoning Commission and whethe: the plat is approved or denied by the City Council. WATER AND SEWER AVAILABILITY FEE: The City Manage: shall dete=mtne the follow~ng schedule: 1. Single F~mily/Duplex/ Mobile Home 2. lownhouse/Multt-FamllY 3. Retail and Commercial ~. ]ndustrta! the above fee based on Other non-~esldentta! $~0 per unit $300 per unit S120 pc: 1000 s.f. of buildtng area $60 per 1000 $.f. of building a:ea $120 per 1000 s.f. of building asea 50% of the above fee 'shall be paid pzio: to appzovol of the final plat by the City Council. The ~emaining 50, mh~ll be paid p~loz to issuance of any building pe=mit fo: the develop development. Subdivision Ord. The City With A Beautiful Future '.__:? MENIORANDUM P O. Box 478 Coppell. Texas 75019 /214 - 462 - 0022 [.3~.cr~n)ber 6, Ig85 TO: Vivyon Bowman. Administrative Assistant F;ROM: Account no. 855 56O Oebbie Layton. Administrative Secretary Public Works Oepartment Asse~=,,ent Fees on Northlake Woodlands East. Phase 10 Type of' Fee Construction Permit [Based on cost'c estimate of $-'-~'.2~I~.000) Water Availability (375 lots (~ $220) Sewer Availahility (375 lots ~ $220) Water Load Test ibased on ap~. g.021 feet of water Hne) ~ ,-..':'~,' ~mt25 /~ ' '¢ Park Park ~ees [375 to~s X $75] ..~ 632 '. ,~>~' ''-~' I8,gqq 632 '. · ~,761 Street Light5 (64 ~ $296) Street Signs (28 Street/Stop Signs) f22 speed limit signs) Total Due · .: e2,500 - I~-/~ g' ~, 82.500 ~,,. .,1 151 / ,~ TOTAL DUE 252,476 ! ~0 1251 TO 1257 /(_ 1258 .) ,,'0008 ~ 5.0000~ /O00B~sooood RECEIPT Date-- ~,c~ [~")_19_~__'~ No. Received Frg~m.c~ ,~ , --~~~ A dress ~2_&-_~ .,~. . ~: ~ :~u~_ ~_ __2 t '- ' ....... City Wilh A Beautilul Future P O. Box 478 Coppel[, Texas 75019 214 - 462-9010 I'k~vcmher 18, 1987 '.: ~!<)~,.; Creek #101 '{'m,-~!l , Texas 75019 cosy [~imr Hr. Parsons: ~.~ :~(~on as I receive your remittance for the: , ,, ~ ';ign A~essment of $3781.80 ,,,: , ~m Fo,, f~r Htility of $7304.39 · ,~ ~ , i i~m ~,'ct~ for Paving of $8739.15 Total:S19,825.34 along with 2 sets of mylar and 2 sets of blue line "As Builts", ,/~m w~[] receive the city acceptance for Northlake Woodlands [() Thank you, Steven M. Morton Chief of Land Developnr~a-t-- SMM/sm The City With A Beautiful Future P.O Box 478 Coppell, Texas 75019 214-462-0022 June 21, 1988 Mr. Steve Parsons Northlake Woodlands 102 Meadow Creek #101 Coppell, Texas 75019 Dear Mr. Parsons: On June 3, 1988 you made a verbal request that the City refund assessment fees paid on Northlake woodlands East Phase 10, Phase B, in the a~unt of $29,606.66 (see attached breakdown). The staff has reviewed the subdivision ordinance and the only reference to reimbursement pertains to the over sizing of utility lines, streets and pro rata agreements. No reference was found regarding reimbursement of assessment fees. At this time I cannot find any grounds to grant your request. If you have any questions please do not hesitate to call me. Sincerely, Frank Trando Finance Director/Deputy City Manager FT/lr attachment cc: Alan D. Ratliff, City Manager Steve Goram, Director of Public Works Steve Morton, Chief of Developmental Inspections Larry Jackson, City Attorney BREAKDOWN OF FEE REIMBURSEMENT RE~.UESTED BY MR. PARSONS Construction Permit (Inspection Fee) (Memo Nov. 18, '85) Less: Inspection Fee for Utility of (Memo Nov. 18, 87) Inspection Fee for Paving of (Men~ Nov. 18, 87) Amount of Refund Requested from Construction Permit $33,960.00 (7,304.39) (8,739.15) $17f916.46 Street Lights (64 @$296) (Memo Dec. 6, 85) Less: Number of Lights Install (33 @$296) Amount of Refund Requested $18,125.00 (9,768.00) $9,176.00 Street Sign (Memo Dec. 6, 85) (Memo Dec. 6, 85) Total Amount Paid $ 4,535.00 1,761.00 6,296.00 Less: Street Sign Assessment of (Memo Nov. Amount of Refund Requested TOTAL AMOUNT OF REFUND REQUESTED 18, 87) (3,781.80) $2~514.20 $29t606.66 ASESSFEE.002