ST9902-ES050825
THE'CiTY.OF
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TO: Bob Hagar, City Attorney ~
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FROM:
Ken Griffin, P.E., Dir. of Engineering/Public Works y.,
DATE:
August 25, 2005
REF:
I mpact Fee Credits on Billingsley tract at S.H. 121 and Sandy Lake Road
On April 12, 2005, City Council approved a Development Agreement between Billingsley 121
Coppell, Ltd. and the City of Coppell to allow for right-of-way dedication necessary for the
constructiOn of Sandy Lake Road and Royal Lane in exchange for a 100% credIt against future
roadway impact fees. It is my understanding that Mr. Billingsley has since sold the property in
question to Dallas Community College District. Since that sale, he has approached me about
transferring the credits from that property to another piece of property in Coppell, which he
owns The other piece of property is on Belt Line Road, just west of the Belt Line/MacArthur
intersection. This memo is being written to request an opinion of \vhether or not the credits can
be transfelTed from the original tract to the tract in question.
With this memo, I have enclosed a copy of the Developer Agreement. The agreement is very
similar to most agreements that have been executed by the city in the past, with the exception of
one section. At the end of section 2 the agreement states that at the end of development of the
property if there arc remaining credits those would be paid to Billingsley in cash or cash
equivalent or to Billingsley's successors.
Section 8 clearly states that the agreement that has been entered into runs with the property.
Whether the agreement runs with the property, the credits are transfcned or any other
combll1ation, the agreement clearly sets the city's liability at $331,380. The real question is who
has benefit of this, Mr. Billingsley or the current owner of the property') Should \VC Just pay the
sum of $33 1,380 to Mr. Billingsley to clean up this issue entirely and void the agreement?
I look forward to heanng from you 111 the very near future and should you have any questlOns
please feel free to give me a calL
C.OPPELL
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SCHEDULE 4
ROADVAY BENEFIT AREA
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