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21 Unbudgeted expenditure, Intergovernmental relationsCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department; Presented By: Agenda Item No.: 2-28-08 Council Date: City Council Kevin Carruth 21 3-10-08 RECOMMENDED MOTION: Not an action item. POLICY ISSUE~S~: Unbudgeted expenditure; Intergovernmental relations BACKGROUND: PISD gave presentation to City Council on March 3, 2008, regarding their request for funds to construct an extension of Collegiate Drive from Love Civil Center to Loop 286. The school district and city staff will meet with State Representative Mark Homer the week of March 3rd and the mayor and city staff will also meet with TxDOT the week of March 3ra to discuss state funding. The estimated cost for drainage and street improvements up to arterial specifications is $1.4-$1.6 million. BOARD/COMMISSION RECOMMENDATION: N/A EXHIBITS: PISD legal counsel opinion; high school site plans ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance yTD Actual $ ❑ Public Hearing ~ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: ~ Administration ~ City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police ~ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 03/04/2008 15:24 5124722599 SCHWARTZ EICHELBAUM PAGE 02/03 ~ SCI-iWA.RTZ & EICHELBAUM WAYtriF.Y.L M6HL AND HA.NSFN, P.C. 4201 W. Pumer Lone, SUltr, A-I(1f1, Andln, TrYa.e 7R727 Tcl: (512) +17G-7944 Fac! (512) 472-2599. f800148$-9(14s • www.ediav.com Mark R. Benavides Seniar Assotiate Manch 4, Zoas VIA Ei- AIL AND F C.lYYLE Mr. Paul Tzu11 Superintendent Paris ISD IyZU C:larksville Paris, Texas75460-6200 Re: Can a School Distxiec Pay for Im,provements to Property In Which, it Dacs Not Have An Tnterest? ' Dear M2'. Tzull: Xau have raised the question of whether Paris ISb can Iegally pay to build a publ,ic road on land in whieh it daes not have an ownexsbi.p intc;rusL. TIiG su.xi.ple uiswcr tv you;r question is no, a school district may not pay for imp.rovements to real Proparty if it does not own or lea.se the property. The rel.evant section of the Texas Education Code states: The board of trustees of a school distr.ict rnay not cnter into an agreement author.i,zittg the use of school district employees, p;roperty, or resources for thc pravisions of materials or labor ;Foz the design, construction, or renavation of uuprovciucnls lu tvrsl prupc~xty Atvt owtieil ot- ]eased Uy the district. Tex. Educ. Code § 11.168. Here, it appears based on the survey pr.ov.i.ded, that Paris I5ll owns vnly a portion of the right of way for South CoIlegiate Drive. As such, xt cannot Iega]1y pay for any improvements on the portion.s of the r0al property encompassing the xiglat of way that are owned by othcr persons or entities. Further, should the District decide to se].1 its portion of ownership in the right of way, the transaction would have to be for market value as detexmxned by an appraisal. Tex. Loc. Gov'Y Code § 272.001(b). You also rcused a siuular questi.on concerning the imposition of impact fees by the C.ity of Parzs. Under the newly enacted Senate Bill 883, a school district is not required ta pay impact fees uniess the board of trustees for tlae Di.striet eonsents ta such impact fees by enterin.g xnto a conlx'act with the City. Tex. Loc. Gov't Code § 395.002(b). Thus, until su.ch time Paxis ISD's BOaxd of TiuSteeS cpnSentS to payment of impaCt fccs from kl]e City, the I7istric[ is not obligated to pay any impact fees conecrning the constzuctib?x of South Collegiate Drive. 63/04/2008 15:24 5124722599 SCHWARTZ EICHELBAUM PAGE 00/03 ~ SCHwARTZ & EICHELBA.UM WARDELI. M.EHL ANI7 HANSEN. P.C. If you have ayxy other questitoin.s, rlease fcel free to contact us. Very ttvly yours, SCHWAKT"L & EICHELBAUM WARDEId. M,EHL AND HANS'EN. P.C. Mark R. Benavides mbenavidcs@edlow.com Mr. Pa.ul Trull IPchniflry R, 2009 Page 2 COLLEGIATE DR. o ,y n i C ~ Q i J 3 - ~ O I ~ ~r I f ii iu J-D ~ ~ TI 4 i~y ~i C00 , ,`r ~ I i I ri . . ~ I ~ ~ = - a I p il I I ~ I ~ ~ f 1 ~ , ~ i i 1 , ~ r1 PARIS NEW HIGH SCHOOL ~ ~ noz i ~ SCHOOL ADDRESS SCHOOL ADDRESS PARIS INDEPENDENT SCHOOL DISTRICT _ i: