08-16-1988 (City Council) Minutes 98
CALLED CITY COUNCIL —
MEETING - MINUTES
AUGUST 16, 1988
The Wylie City Council met in a called session on Tuesday,
August 16 , 1988 at 6: 30 P.M. in the Conference Room of the
City Manager' s Office. A quorum was present and notice of
the meeting had been posted in the time and manner required
by law. Those present were Mayor Chuck Trimble (arrived
late) , Council Members Ortie Messenger, Jim Swartz , Bud
Naish, Chris DiTota and Marvin Blakey, City Manager John
Pitstick, City Secretary Carolyn Jones , Assist . City
Engineer Ron Homeyer, Code Enforcement Officer Roy Faires,
Public Works Superintendent Don White, Mr. Harold Holigan
from Southfork Mobile Home Park.
Councilman DiTota called the meeting to order as Mayor
Trimble called that he would be late. Councilman Naish gave
the invocation.
PRELIMINARY AND FINAL PLATS FOR WYLIE SHOPPING VILLAGE:
City Manager John Pitstick said that Brookshire did not know
there was a meeting tonight nor did they know they were on
the agenda. They would like to be here to talk with Council .•.,
when this plat is presented. Mr. Dwight Scott , owner of
this property, has called and requested the preliminary and
final plat be pulled from the agenda.
PRESENTATION ON THE ACCEPTANCE OF THE WATER AND SEWER LINES
AT SOUTHFORK MOBILE HOME PARK: City Manager John Pitstick
said this is a special meeting to let Mr. Holigan present
his request to Council on water/sewer lines in the Southfork
Mobile Home Park to be dedicated to the City. There have
been several meetings between staff and Mr. Holigan. There
was a written agreement and each of you have received a copy
of this agreement. In this agreement under "EXTENSION OF
LINES. Southfork agrees to pay for the extension of the
City' s water and sewer lines ("the Facilities") from their
current location near the Property to the Property and such
Facilities will have sufficient capacity to serve the
property for the uses and density stated herein and any
intervening property; " and under "WATER AND SEWER SERVICE
the City agrees to provide to the property water and sewer
service as needed to serve up to 750 mobile homes which are
planned for a mobile home park to be developed by Southfork
on the property. Provided, however, nothing herein shall
obligate the City to construct the interior water and sewer
lines needed in order to distribute the water to each mobile
home and structure within the mobile home park on the
Property or any lines related to the disposal of the
wastewater as part of a sewer collection system lines for
the waste disposal system and water distribution lines on
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the property shall be constructed in accordance with Texas
Department of Health rules and regulations , as well as any
and all other rules and regulations as set by the City" .
Councilman Naish stated that the city collected impact and
lift station district fees, why is it not like a
subdivision. City Manager John Pitstick said it is a one
lot subdivision, the plat that is filed with the County for
mobile home parks has only one lot on it .
Mr. Holigan made the comment that he could turn on a fire
hydrant and run water all day at no cost to him. City
Manager John Pitstick said that is why staff prefers a
master meter.
Mr . Holigan said there was an easement for water and sewer.
City Manager John Pitstick said the easement was not
dedicated to the City. Mr . Holigan said the lines are his
but the water is the City' s. Mr. Holigan also stated that
he has to pay for re-engineering of the water and sewer
lines because the City wanted them different in order to
maintain them. The attorneys, newspaper and myself (Mr.
Holigan) feels this is clean about the water and sewer
lines. Mayor Trimble asked why the City was taking over
this responsibility. Mr. Holigan said the City came to him,
he did not come to the City, he said he already had a permit
from the State to put in a sewer treatment plant . Mr.
Holigan said when the water was turned on, it only came part
way to the park and we had to get gasoline pumps to run the
water up to the park. Councilman DiTota wanted to know why
he did not come to the City Council before now. I see no
where that it says the City owns the lines. City Manager
John Pitstick said the agreement came about because this
park had already started construction. In this ten (10)
foot easement there is water, sewer and electrical lines .
Staff would have to ask for a fifteen (15) foot easement if
we accept the water lines.
Councilman Blakey wanted to know who inspected the lines.
Mr. Don White, Public Works Superintendent, said he
inspected some of the lines, but some of the lines were
already in the ground. Mr . White said he had just started
with the City, the lines that were being installed after I
arrived, some were inspected, there was a conflict between
the city staff and some days I was told to inspect and some
days I was told to stay away. The quality of work was very
good. Mr. I . W. Santry, City Engineer at the time, told me
not to go because he did not approve these specifications.
Mr . Bill Windham, Public Works Director at the time, would
tell me to go and inspect . City Manager John Pitstick said
he had no complaint about the way the lines were put in, my
problem is the easement needs to be wider .
100
Mr . Holigan said our meeting a year ago was with James
Johnson, Don White and Bill from Southfork and myself . It
was our understanding that the City would take over the
lines . Mr. Homeyer called later and said the City would
not accept these lines. City Manager John Pitstick said the
problem is a plat has never been filed. Mr. Holigan wants
to file a plat and dedicate the easements and lines for the
City to maintain.
Councilman DiTota asked if the water line breaks and caves
in the street, couldn' t the City be liable for damages .
Mayor Trimble said if it is negligence on the City' s part we
would be liable. City Manager John Pitstick said if there
is a leak and we have to tear up the street, we have to
repair the street.
Councilman DiTota wanted to know if the City accepted the
lines in Glenn Knoll Mobile Home Park or the other parks.
City Manager John Pitstick said no, we do not own any of the
lines in the other mobile home parks .
Mayor Trimble asked Mr . Holigan why the City wanted to annex
him. Mr . Holigan said to keep a wastewater treatment plant
from dumping into Muddy Creek and flowing through your City.
When the Texas Water Commission said that we had the permit
to build the plant, Gus Pappas offered water and sewer to
our area if we would annex into the City of Wylie. Mr.
Holigan said we did not come back to the City Council
because we felt the City would do what they said they would
do.
Councilman Swartz said , Mr. Holigan you said there was a
meeting a year ago where Mr. Don White was present and they
agreed to accept the lines. Councilman DiTota wanted to
know who said they would accept the lines . Mr. Don White
said that James Johnson, Ron Homeyer and Bill from Southfork
and Don were present at the meeting. Mr . White said he
inspected part of the lines but was not sold on accepting
the lines. I can not deny the fact that the lines were
installed properly. Councilman Swartz said some where down
the line the City has responsibility. Councilman DiTota
said that the park was built and completed prior to being
annexed.
Councilman Naish said that he talked with Mayor Pro Tem John
Akin and one thing that was brought to his attention was
that when the City was low on money, Roy and James went to
Mr. Holigan and asked him to pay for the last 100 lots in
advance. Mayor Trimble said he should have paid for all the
lots at one time.
Mr. Holigan said he was willing to take whatever vote the
Council takes.
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Councilman Blakey wanted to know what happens when Finholt
comes in and wants us to take their lines . Mayor Trimble
said the same thing because we made them put in the lines in
accordance with our specs. Mayor Trimble said we need to
have Mayor Pro Tem Akin present.
Mr . Holigan said he had a meeting with Elaine and Linda from
the Wylie News and they are in agreement with Southfork.
Mayor Trimble said to call another meeting when Mayor Pro
Tem Akin was back and when Mr. Holigan could be present.
There being no other discussions , a motion was made to
adjourn with all in favor.
rimble, Mayor
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