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Sherwood Park 2-CS 851017October 17, 1985 Mayor Lou Duggan City of Coppell P. O. Box 478 Coppell, Texas 75019 Dear Mayor Duggan: In accordance with your recent recommendation, I am writing in regard to fees which have been charged by the City of Coppell-in our ,Sherwood Park and Parkwood subdivisions. Our concern is based on our understanding that such fees were interim charges prior to the adoption of the Subdivision Ordinance, and have not been justified as applicable to these subdivisions. These fees have been applied to both Eomebuilding and to Development. I will address these fees separately, as we seek different dispositions of these matters: HOMEBULDING FEES Since the beginning of Homebuilding construction in June, 1984, a series of fees have been charged in addition to fees for building permits. We had been told by City Staff prior to the approval by City Council of the Final Plats for Section I on June 14, 1983, and confirmed prior to the approval of Section H on June 12, 1984, that no such fees '- were in effect. Upon inquiring of City Staff during August, 1984, as to the source of these fees, we were provided copies of ordinances relating to charges for connections made by City personnel to existing City-owned water and sewer mains. When we pointed out that we were already paying, through the Coppell Municipal Utility District, for the construction of both the mains and the connections, we were told by City Staff that these were fees to cover the availability of future water and sewer service. A meeting was held with City Staff on or about November 15, 1984, to discuss these fees. At that time, we were told that charges for water and sewer service, water meters and deposits were recent policies established prior to the adoption of the revised Subdivision Ordinance on July 24, 1984, and that no enacting ordinances for such fees could be provided. When we pointed out that the subdivisions where these fees were currently being charged had been approved by City Council as much as one year before such policies went into effect, we were told by City Staff that these fees would be ......... charged regardless. During this meeting, we did satisfactorily resolve a related matter - "- "' concerning Park Fees which had previously been paid. - ........ We have been informed that effective August 1, 1985, some of these fees have been changed and additional fees are now being charged. As the Water Availability See 15301 Dallas Parkway, Suite 10201 Dullas, Texas 75°-48 / (0-14) 390--91!00 ............. Mayor- LoU Duggan City of Coppell October 14, 1985 Page 2 appears to be derived from the Subdivision Ordinance as amended 'May 28, 1985, it is clearly not applicable to these subdivisions. As we are paying fees to the Coppell Municipal Utility District for inspection of both water and sewer utilities, the Utility Inspection Fee is not justified. The Homebuilding Fees previously and currentl being' charged are summarized below: FEES PER UNIT PREVIOUS FEES Sewer Service $200.00 Water Service 175.00 Water Meter 43.29 Water Deposit 30.00 Water Availability -0- Utility Inspection -0-. TOTAL FEES PER UNIT $448.29 CURRENT FEES $100.00 100.00 43.29 30.00 220.00 75.00 $568.29 As examples of the uneertainty regarding applicability of such fees, by both ourselves and City Staff, we recently learned that the $43.29 Water Meter Fee had not been charged on the first 168 homes in Sherwood Park. In addition, there was a recent period in which 11 homes in Parkwood were not charged the $220.00 Water Availability Fee. Homebuilding Fees which have been paid to date for both subdivisions are as follows: SUBDIVISION PREVIOUS CURRENT TOTAL _(UNITS/FEES) FEES FEES FEES 148 Units 40 Units 188 Units Sherwood Park $ 59,940.00 $ 21,865.80 $ 81,805.80 155 Units 36 Units 191 Units Parkwood $ 69,484.95 $ 18,038.44 $ 87,523'39. TOTALS 303 Units 76 Units 379 Units $129,424.95 $ 39,904.24 $169,329.19 At this time, we are approximately halfway complete with our ltomebuilding program in these subdivisions. We specifically request that subsequent construction be charged only those fees actually applicable at the time of Final Plat approval and that we be credited for all fees already paid which are not substantiated by applicable enacting ordinances in effect at the time of their payment. DEVELOPMENT FEES red the Final Plats for Section I of both~Sh'~{qo~-'P~-rl~ 'knd When City Council appro .... :- -~e~A$- Th~ re-(i~lr~d-iriitinl payment Parkwood in June, 1983, only Parr tees were m ~,,~--. ~ of $14,384.75 was paid at that time. In order to assist the City in matching funds for the Park Grant, the remaining Park Fees were paid for both Development and Homebuilding for all sections of these subdivisions. This early payment of $53,318.25 Mayor Lou Dnggan City of Coppell October 14, 1985 Page 3 was made in August, 1983, which was almost four years earlier than the last of these fees would be payable based on our buildout projections and applicable City ordinances. The Final Plats for Section II of Sherwood Park 'and Parkwood were approved by City Council on June 12, 1984. In August, 1984, we received an assessment of Development Fees for Water Pro-Rata, Wastewater Pro-Rata and Utility Contractors Connecting Fee. This assessment also included purchasing the initial water meter at a cost of $43.29 - per unit, which we had understood was being paid by Bomebuilding as previously discussed. The assessment of Development Fees was as follows: DEVELOPMENT SHERWOOD PARK PARKWOOD FEES SECTION II SECTION II Water' Pro-Rata Wastewater Pro-Rata Utility Contractors Conneetion Fees TOTAL FEES $2,737.80 $ 9,170.00 2,737.80 9,170.00 4,200.00 5,000.00 $9,675.60 $23,340.00 Upon inquiring of City Staff as to the source of these Development Fees, we were again told that these were recent policies established prior to the adoption of the revised Subdivision Ordinance and that no applicable enacting ordinance was available. As no appropriate source could be cited by City Staff, these Development Fees have not been paid. The Final Plats for Section II of both Sherwood Park and Parkwood were approved by City Council prior to the enactment of the revised Subdivision Ordinance. We therefore specifically request that an acknowledgement be given that neither these Development Fees, nor any others not in effect at the time of Final Plat approval, are applicable to Section II of these subdivisions. We request that these matters of Homebuilding and Development Fees, as herein specified, be placed on the agenda of the next available City Council meeting. We appreciate your consideration of our concerns and look forward to our continuing relationship as a part of the community of Coppell. Sincerely, SamUel L. W~.s~, m Development Wlanager SLW/jf ....................... ce: Council Members: Bunny Thompson Walter Pettijohn Dale Ware Bill Smothermon John Bailey