Laserfiche WebLink
03/04/2008 15:24 5124722599 SCHWARTZ EICHELBAUM PAGE 02/03 <br />~ SCI-iWA.RTZ & EICHELBAUM <br />WAYtriF.Y.L M6HL AND HA.NSFN, P.C. <br />4201 W. Pumer Lone, SUltr, A-I(1f1, Andln, TrYa.e 7R727 <br />Tcl: (512) +17G-7944 Fac! (512) 472-2599. <br />f800148$-9(14s • www.ediav.com <br />Mark R. Benavides <br />Seniar Assotiate <br />Manch 4, Zoas <br />VIA Ei- AIL AND F C.lYYLE <br />Mr. Paul Tzu11 <br />Superintendent <br />Paris ISD <br />IyZU C:larksville <br />Paris, Texas75460-6200 <br />Re: Can a School Distxiec Pay for Im,provements to Property In Which, it Dacs Not Have An <br />Tnterest? ' <br />Dear M2'. Tzull: <br />Xau have raised the question of whether Paris ISb can Iegally pay to build a publ,ic road on land <br />in whieh it daes not have an ownexsbi.p intc;rusL. TIiG su.xi.ple uiswcr tv you;r question is no, a <br />school district may not pay for imp.rovements to real Proparty if it does not own or lea.se the <br />property. <br />The rel.evant section of the Texas Education Code states: <br />The board of trustees of a school distr.ict rnay not cnter into an agreement <br />author.i,zittg the use of school district employees, p;roperty, or resources for thc <br />pravisions of materials or labor ;Foz the design, construction, or renavation of <br />uuprovciucnls lu tvrsl prupc~xty Atvt owtieil ot- ]eased Uy the district. <br />Tex. Educ. Code § 11.168. <br />Here, it appears based on the survey pr.ov.i.ded, that Paris I5ll owns vnly a portion of the right of <br />way for South CoIlegiate Drive. As such, xt cannot Iega]1y pay for any improvements on the <br />portion.s of the r0al property encompassing the xiglat of way that are owned by othcr persons or <br />entities. Further, should the District decide to se].1 its portion of ownership in the right of way, <br />the transaction would have to be for market value as detexmxned by an appraisal. Tex. Loc. <br />Gov'Y Code § 272.001(b). <br />You also rcused a siuular questi.on concerning the imposition of impact fees by the C.ity of Parzs. <br />Under the newly enacted Senate Bill 883, a school district is not required ta pay impact fees <br />uniess the board of trustees for tlae Di.striet eonsents ta such impact fees by enterin.g xnto a <br />conlx'act with the City. Tex. Loc. Gov't Code § 395.002(b). Thus, until su.ch time Paxis ISD's <br />BOaxd of TiuSteeS cpnSentS to payment of impaCt fccs from kl]e City, the I7istric[ is not obligated <br />to pay any impact fees conecrning the constzuctib?x of South Collegiate Drive. <br />