08-16-1988 (City Council) Agenda Packet Date Posted 8-12-88
Time Posted 5:00 P.M
AGENDA
CALLED CIT? COUNCIL MEETING
CIT? OF WYLIE, TEXAS
TUESDAY, AUGUST 16, 1988
6:30 P. M. CITY MANAGER 'S
CONFERENCE ROOM MUNICIPAL COMPLEX
2000 HIGHWAY 78 NORTH
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 2 Consider approval of
Preliminary Plat for Wylie
Shopping Village located on SH
dt' 78 adjacent to Wylie Hospital
2 Consider approval of Final
I) 116 Plat for Wylie Shopping
Village located on SH 78
adjacent to Wylie Hospital
3 5 - 16 Presentation on the acceptance
of the water and sewer lines
at Southfork Mobile Home Park
4 Consider acceptance of the
water and sewer lines at
Southfork Mobile Home Park
5 Adjourn
OAT!: July 13, 1988
TO: Planning and Zoning Commission
PROM: Department of Public Mocks
SUBJECT: ®Preliainaty Plat ❑ Replat ❑ Site Plan
❑Final Plat
NAME : Wylie Shopping Village
LOCATION: SH 78 Next to Hospital
ZONING: Retail
ENGINEER/SUPERVISOR Tim Bennett Engineers, Inc. PHONE 276-8527
OWNER: Wylie Shopping Village, Ltd.
Attached is a plat of the proposed layout which has been
reviewed by all concerned departments in terms of their
respective requirements. Comments are as follows:
RECOMMEND APPROVAL DYES OYES, WITH STIPULATIONS ONO
Mr. Peddicord made a rnpti cr to rPr-nmmanri i-he anprmral of the
preliminary plat for Wylie Shopping Village located an SH 78
adjacent to Wylie Hospital subject to joint access easement with the
hospital and additional joint access with the Martinez property. A
20 foot wide and 30 foot deep easement at the corner of the Martintinez
property. Seconded by Mr. Jeffries. The notion passed with all in
favor.
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DI It: July 13, 1988
TO: Planning and Zoning Commission
PROM: Department of Public Works
SUBJECT: ❑Preliminary Plat ❑ Replat ❑ Site Plan
® Final Plat
NAME: Wylie Shopping Village, PHI
LOCATION: SH 78 Nest to Hospital
ZONING: Retail
ENGINEER/SUPERVISOR Tim Bennett Engineers, Inc. PHONE 276-8527
OWNER : Wylie Shopping Village, Ltd.
Attached is a plat of the proposed layout which has been
reviewed by all concerned departments in terms of their
respective requirements. Comments are as follows :
RECOMMEND APPROVAL OYES OYES, WITH STIPULATIONS ❑ NO
Stovall Made a_rnr=on to reeorrpnd`to the City Council the
approval fo the final plat for Wylie Shopping Village with the
stipulations of joint access to the Martinez property and joint
access to the hospital with the same demensions of the above motion.
Seconded by 'r. Pritzkau. The motion passed with six in favor. Mrs.
Wood was opposed to the motion.
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MEMORANDUM
TO : John Pitstick, City Manager
FROM: Ron Homeyer , P. E. , Staff Engineer k41----
DATE : July 22, 1988
RE : Southfork Mobile Home Park
Mr . Harold Holigan has requested Staff supply him with all
of the requirements which are necessary inorder for him to
dedicate all of the interior water and sewer lines in
Southfork Mobile Home Park to the City of Wylie. He has
been given the impression that the City of Wylie would
accept the water and sewer lines within the park after a one
year maintenance period.
i have researched this matter as much as possible and I have
been unable to locate any written commitments from the City
of Wylie other than the written agreement dated July 23,
1985 . In this agreement the City of Wylie agreed to provide
water and sewer service to the Southfork Mobile Home Park
along with providing police, fire and refuse service. The
City also agreed to secure the necessary sanitary sewer
easements for the off -site sewer line which was requested of
Mr . Holigan. The off -site water and sewer lines were to be
• accepted by the City of Wylie upon their completion with
this agreement . In return for the City' s efforts , Mr .
Holigan agreed to construct his mobile home park in
accordance with the City of Wylie Mobile Home Park and
Subdivision Ordinances , withdraw his application with the
Texas Water Commission for a wastewater discharge permit ,
voluntarily annex into Wylie, pay all applicable fees and
extend water and sewer lines to his development. The only
other commitments between the City of Wylie and Mr. Holigan
were made during a meeting between Mr . Holigan and Gus
Pappas and Bill Windham where the City of Wylie offered to
consider the acceptance of the interior water and sewer
lines if we inspected the construction of said lines.
A quick summary of the status of the items presented above
is as follows :
The off -site water line has been installed and
accepted by the City of Wylie.
PAGE 2 MEMO: John Pitstick RE: Southfork Mobile Home Park
Water supply is provided from the Steel Road
Booster Pump Station. This service has been
greatly improved with the addition by the City of
a small "jockey" pump which supplies the normal
water usage demand.
Off -site sewer currently consists of a temporary
lift station and force main system which was
installed by Holigan Development. The cost of the
installation (approximately $120, 000 ) was credited
against the lift station district, impact and tap
fees due for the mobile home park.
One of the necessary permanent sanitary sewer
easements has not been secured by the City of
Wylie at this time.
Holigan Development constructed the concrete
perimeter streets along the two sides of the park
which had existing roadways in compliance with
City Specifications and the City of Wylie has
accepted said improvements.
The internal water and sewer systems have been
completed and are being used at this time. The
City of Wylie has not performed any maintenance on
the interior water or sewer lines . The City does
install and maintain all water meters and water
accounts for the park. The internal water and
sewer systems were not approved by the City of
Wylie Engineering Department nor was the
construction of the said systems inspected by the
City of Wylie Engineering Department .
The existing utility easements are 10' wide and
contain underground water, sewer , electric and
telephone facilities. These facilities are not
laid in well defined areas of the 10' easement,
nor are they clearly marked by identification
tapes or similar marking methods.
All applicable fees (Lift Station District, $165 ;
Impact, $500 ; and water & sewer, $ 135 ) have been
paid for ail of the 746 lots available at the
mobile home park at this time ( Total of $596, 800) .
From this total has been deducted approximately
$20, 000 from the impact fees for the payment of
the oversizing cost of the off-site water line and
approximately $110, 000-$120, 000 for the payment of
the cost of constructing the temporary lift
station and force main system.
PAGE 3 MEMO : John Pitstick RE: Southfork Mobile Home Park
I have made a general assessment of the facilities which are
currently installed at the Southfork Mobile Home Park and
are being offered for dedication to the City of Wylie. The
interior water system has experienced several main breaks
which can be attributed to the excessive fluctuation of the
water pressure in the park during the first two years
service. Recently, upon the completion of the installation
of new controls and an additional pump in the Steel Road
Booster Pump Station there has not been any main breaks in
the Mobile Home Park. The system consists of 6" and 8" PVC
water mains which has been designed as an interconnecting
grid, which is a good design. The sewer system is
constructed of 8" mains throughout, which meets the minimum
size required by the Subdivision regulations .
Considering all of the above information and being unable to
find documentation, I am therefore assuming that there is no
formal agreement to accept the interior water and sewer
systems of Southfork Mobile Home Park , I recommend that the
City of Wylie not accept the said improvements for the
following reasons :
The City of Wylie did not actively approve nor
inspect the water and sewer lines installed.
The 10' easement currently existing is inadequate
for performing maintenance on the said lines .
The close proximity of the underground electric
lines ( which are not in conduit ) is a severe
liability.
Should Council be inclined to accept the interior water and
sewer lines in the Southfork Mobile Home Park, then I would
recommend a minimum easement of 15' be obtained. I would
also recommend that only 8" and larger lines be accepted.
f1
AGREEMENT IETNEEU TEE CITT OF WYLIE AND
SOUTH tOtt, LTD. , A TEXAS LIMITED PARTNERSHIP
THE STATE OF TEXAS:
COUNTY OF COLLIN:
This agreement , entered into as of the date last below written ,
is executed by and between the City of Wylie, a Home Rule City
and body politic , corporate and governmental agency of the State
of Texas (the "City") and South Fork, Ltd . , a Texas Limited
Partnership, acting by and through its General Partner, Harold
Holigan ( South Fork") , and Harold Holigan , in his individual
capacity, as a guarantor herein("Guarantor") .
WITNESSETH
RECITALS
WHEREAS , the City is vitally concerned with the maintenance of
the quality of the water that flows in streams , gullies , ditches ,
etc . through its corporate boundaries
extraterritorial jurisdictionsee ("Limits") and
and
promote the development of ( "ETJ")regionald and�sarea to Pnwidecoage waste
collection, treatment and disposal systems to serve the waste
disposal collection and treatment needs of people who are located
within the Limits and ETJ of the City ; and
WHEREAS , the City has begun implementing an area wide and
regional system to serve the waste disposal needs of residents
within its Limits and ETJ by the implementation of a Lift Station
District ("District") as well as the adoption and implementation
of a regional sewer plan ("Plan") of which the District and the
Property are an integral part ; and
WHEREAS , another purpose of the District and the Plan adopted by
the City for waste disposal needs of residents within its Limits
and its ETJ is to prevent the proliferation of small and/or
independently owned sewage treatment plants ; and
WHEREAS , South Fork owns that certain real property which is
described in Exhibit "A" : (the "Property") ; and
WHEREAS , the Property is located in part of the ETJ of the City
of Wylie and in the future will be annexed by the City and there
currently is no sewage service available to the Property for the
purposes of serving 750 mobile homes planned as the use of that
Property ; and
WHEREAS, the City and South Fork have agreed that the City should
provide wastewater disposal services to the Property for the
development of a mobile home park with a maximum of 750 mobile
homes in it and accordingly, the City has agreed to provide water
1
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and sever service as well as other services as stated herein to
the Property in a sufficient amount for such a use; and
WHEREAS, the City finds that by entering into this Agreement ,
that it is encouraging and promoting the development and use of a
regional and area wide waste collection treatment and disposal
system and further , at the same time is taking steps to maintain
the quality of water that flows through the City ' s ETJ and
Limits ; and
WHEREAS, the City further finds that the execution of this
Agreement is consistent with the Plan and in the best interests
of the residents of the City ; and
WHEREAS , both Parties recognize that provision of the services as
hereinafter described by the City to the Property is of vital
importance and concern to South Fork and the Guarantor , because
without the provision of water and sewer services to the Property
by the City , South Fork could not develop the Property for the
purposes stated herein.
NOW, THEREFORE, for and in consideration of the above referenced
recitals , all of which are incorporated herein by reference , and
other good and valuable consideration , the Parties agree as
follows :
I .
RECITALS
1 . All of the recitations contained above are true and
correct and constitute important consideration for this
Agreement .
II .
DEFINITIONS
As used in this Agreement , the following words and terms shall
mean and include , and are defined , as follows , unless the context
shall clearly indicate a different meaning :
1 . THE CITY - shall mean the City of Wylie , its agents ,
employees and representatives.
2 . SOUTH FORK - shall mean the South Fork, Ltd . , a Texas
Limited Partnership, its agents , employees and
representatives .
3 . SERVICE AREA - shall mean the area represented by the
Property as shown on Exhibit "A" which is attached and
incorporated herein for all purposes .
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4. TEE PROPERTY - shall mean that certain real property
described is Exhibit "A '.
5. WATER - shall lean rater of a quality conforming to the
standards for potable rater as set by the Texas
Department of Health and/or the Environmental
Protection Agency, as applicable.
6. WASTE DISPOSAL SERVICES - SEWER SERVICE - treatment of
sewage (as that word is defined in V.T.C.A. WATER CODE
Section 26.001( 7) by the City of Wylie at its sewage
treatment plant under the provisions contained in this
Agreement .
III .
OBLIGATIONS OF SOUTH FORI
1 . MOBILE HOME ORDINANCE. South Fork agrees that the
mobile home park to be developed on the Property will ,
in all respects , comply with the City ' s mobile home
park ordinance , and the rules and regulations of the
City except with reference to the size and depth of the
lots .
2 . VOLUNTARY ANNEXATION. South Fork will execute the
appropriate documentation to commence voluntary
annexation of the Property into the City . Those
documents are contained in Exhibit "B" which is
attached hereto and incorporated herein for all
purposes . South Fork will request such voluntary
annexation by the execution and delivery of the
documents contained in Exhibit "B" to the City no later
than November 1 , 1985 .
3 . ZONING . Upon completion fof the annexation procedure
intoPtheCity,
South Fork s request , in writing , that
roPer y be zoned for a mobile home park as
attached hereto will begin it ' s process . The City
recognizes the desire of the property owner for mobile
home zoning as evidence by the request attached hereto .
4. FEES. South Fork agres to pay to the City impact fees
of $500. 00 per unit on the Property and further , agrees
to pay the City $135 . 00 for each water and sewer tap .
South Fork further agrees to pay to the City an
assessed Lift Station District Fee .
5 . EXTENSION OF LINES. South Fork agrees to pay for the
extension of the City ' s water and sewer lines "t Facilities") from their currentt . ( he
on 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 ;
3
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provided; however, that say laterveaing landowner who
seeks to stills, the capacity in the Facilities and
accordingly, the City agrees to rebate to South Fork
that proportion of the costs of the said water and
sewer lines attributable to the intervening property
owners or other property owners who nay tie into such
Facilities. The Facilities shall, in all respects,
comply with all City ordinances, rules and regulations,
as veil as other regulations, rules and laws of all
appropriate governmental entities as may be applicable .
6 . SUBDIVISION ORDINANCE. South Fork agrees to comply
with the Subdivision Ordinance of the City. South Fork
will further build a perimeter street on the north and
west boundary of the Property . The perimeter street
will be up to 22 feet wide and South Fork will set
aside a 60 foot right-of-way for that perimeter street .
7 . PERMITS AND LICENSES . South Fork agrees that , upon
execution of this Agreement by the parties , it will pay
for the appropriate licenses and permits from the City
and will follow the City ' s construction codes in its
construction of the improvements on the Property .
8 . PUBLIC SAFETY ACCESS. South Fork agrees to execute a
document granting to the City a public safety access
easement to the Property .
IV.
OBLIGATIONS OF THE CITY
1 . 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 South Fork 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 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.
2 . FIRE AND REFUSE SERVICES . The City agrees that it will
provide fire protection to the Property and will
further provide refuse pickup service to each mobile
home and structure located on the Property . Before and
after the annexation of the Property into the City is
completed , South Fork and the City agree that the City
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shall charge each mobile home owner for the services
rendered by the City. Until annexation, the City will
charge each •obile home owner 'out of City" rates for
services provided herein.
3 . POLICE SERVICES . Both parties recognize that Police
services and subsequent law enforcement may not be
provided to a piece of property which is not part of
the City of Wylie and therefore, not within it ' s
jurisdiction . However, the City does agree that upon
completion of the annexation process full Police
protection and services will be provided to the
Property .
4 . REGIONAL SYSTEM - CONDEMNATION. In order to obtain the
benefits of a regional sewer system, and further to
avoid a proliferation of small and/or independently
owned sewage treatment plants, and further , to preserve
the quality of the waters that pass through the ETJ and
Limits of the City , the City agrees to obtain
appropriate easements for the water and sewer lines
described herein to extend the water and sewer lines to
the Property , and in the event that the City is unable
to obtain the easements in a voluntary manner from
landowners , the City agrees to utilize its powers of
eminent domain in order to obtain those easements for
the public purposes stated herein .
V.
OWNERSHIP OF FACILITIES
1 . OWNERSHIP. South Fork and the City agree that
notwithstanding that South Fork will pay for the
extension of the water and sewer lines, the City will
own those lines and any appurtenances connected
thereto . The City agrees to maintain the Facilities in
accordance with all City rules and regulations , as well
as the requirements of all other governmental agencies
having jurisdiction. South Fork shall have no
responsibility or liability arising, directly or
indirectly ,m out of the ownership or maintenance of the
Facilities by- the City and the City agrees to indemnify
and hold South Fork harmless from any and all
liabilities arising out of the construction ,
maintenance, or failure of any of the Facilities
described herein or constructed pursuant to this
Agreement , including the negligence or willful acts of
any of the City ' s employees , agents , representatives or
contractors.
5
VI.
COMMENCEMENT OF SEEYICES
1 . COMMENCEMENT. The parties agree that the City shall
have the water and sewer lines extended to the Property
and service for water and sewer, along with the other
services described in paragraph IV-2 herein, available
to the Property for the purposes described herein no
later than July 15, 1985.
2 . DISCHARGE PERMIT. Within ten ( 10) days from the date
that the last Party to this Agreement has signed this
Agreement , the Guarantor will take appropriate steps to
withdraw an application for a waste discharge permit
for a sewage treatment plant to serve the Property
which has been filed with the Texas Water Commmission .
VII .
MISCELLANEOUS
1 . PAYMENT OF FEES . South Fork agrees to timely pay all
of the fees called for herein in accordance with
applicable City rules and regulations.
2 . REGULATORY AGENCIES . This Agreement shall be subject
to and governed in accordance with all applicable laws ,
rules or regulations of any Federal , State , county or
local governmental entity having jurisdiction .
3 . COOPERATION. The City and South Fork agree that each
will cooperate with each other in order to implement
the provisions contained herein .
4 . TERM OF CONTRACT. This Agreement shall be in force and
effect from the date hereof for a term of forty (40)
years or until such time as the annexation is completed
and the Property is located within the Limits of the
City .
5 . TITLES . The titles and headings of each of these
paragraphs or subparagraphs are assigned for
convenience only and are not intended to be descriptive
of any of the matters following the titles . The titles
shall not be considered as any substantive part of this
Agreement nor shall they in any way restrict the
subject matter that may be contained in any title or
section or sub—section within any title or any part of
the Agreement .
6 . SEVERABILITY. In any one or more of the sections ,
provisions , clauses, words or terms of this Agreement
shall , for any reason , be held invalid , illegal , void
6
or unenforcea0le, such invalidity, illegality,
voidness, or unenforceability , shall not , in any way,
affect any other section , provision, clause, work or
term of this Agreement , and the Parties hereto agree
that they would have entered into this Agreement
regardless of such invalidity ,
unenforceability or voidness . illegality ,
7 . RESOLUTIONS. Each of the respective Parties warrant and
represent to the other that the appropriate resolutions
have been executed by the respective governing bodies
of each Party in accordance with the particular rules ,
regulations, laws and bylaws of each particular Party
and each of the undersigned , as a representative of
each Party, is fully authorized on behalf of their
principal to execute this . document , bind their
principal and perform hereunder .
8 . BINDING. This Agreement shall be binding upon and
insure to the benefit of the successors and assigns of
each of the Parties .
9 . TIME. The Parties agree that , in light of the
circumstances surrounding the request for the services
herein described by South Fork , and the immediate need
for such services for the Property , time is of the
essence in this Agreement .
10. REMEDIES . Both Parties recognize and agree that
especially water and sewer service to the Property is
extremely valuable to South Fork and the Guarantor for
the development of the Property in accordance with the
use stated herein . By the sane token , both Parties
agree that the City has vital interests at stake
pertaining to the Property and the provision of the
Property with the services contained herein and the
annexation of the Property into the City . Accordingly ,
recognizing the vital interests and importance of this
Agreement to both Parties , and further , recognizing
that it will be difficult for the Parties to measure
any losses or damages that might be incurred if either
Party were to default herein and further , recognizing
the difficulty in ascertaining damages arises because
of the unique nature of the matters contained and
provided for herein ; and further , the Parties recognize
that damages alone will not be sufficient to properly
recompense either Party , the Parties agree that both
Parties shall have the right of specific performance to
enforce the provisions contained herein in addition to
all other rights and remedies at law or in equity.
11 . GUARANTOR . Harold Holigan as an individual , and in his
individual capacity , personally and unconditionally ,
guarantees performance of all of the obligations of
7
South Fork contained herein. Harold Holigaa, hereby
agrees that within ten ( 10) days from the date that the
last signatory has signed this Agreement , he will cause
the application he has filed with the Texas Water
Commission for a waste discharge permit for the
Property to be withdrawn . Such withdrawal shall be
without prejudice to Harold Holigan' s right to refile
and reprosecute same if the Property does not receive
the water and sewer service and other provisions as
contained herein .
12 . EXECUTION DEADLINE. Unless this Contract is executed
by both parties by 10:00 P.M. on July 25, 1985 , any and
all statements contained herein shall be considered
null and void and of no force and effect .
IN WITNESS WHEREOF the parties have executed this Contract in
multiple copies, each of which shall be a me to be an original
and of equal force and effect this the
-day of July , 1985 .
CITY OF WYLIE:
'146A• 40L.
i o n W. 'Ion, Mayor Q Pik`
B Y:
ie—�t TITLE:
• SEAL •
1011 ADDRESS :
ATTEST:
411,LIE TEXT
• CITY���E T A
APPROVED:
CITY MANAGER
8
July 23, 1985
City Council
City of Wylie
c/o Gus H. Pappas , City Manager
Dear Mr. Pappas :
Based upon our telephone conversation of today and the
understanding which I have of the implementation of the
service contract which we discussed in our pre-development
conference of Wednesday , May 29 , 1985 , I offer the following
statements of clarification:
1 . I understand that it is m
accomplish the work necessary toeextendbtheilitwateto
r
line from Lake Ranch Estates up FM 1378 and east
on McMillan Road to my property ; that this work
will not be done by City personnel ; that I have
the leeway to place the water line on either the
north or the south portion of McMillan , wherever I
may receive the greatest participation from the
adjacent property owners . I do not expect
reimbursement nor pro-ration to come from the City
except for any oversizing which the City may
require .
• 2 . I understand that sewer will be extended from the
southeast corner of my property to a point south
of the dam at my expense , with any property owner
participating that I may be able to arrange and
that in order that I may have the greatest
opportunity to gain this participation ,select either the eastern route or I may
es
route around the lake . I am only responsibletern for
the size line that I require and may expect
reimbursement from the City for the cost of
oversizing only.
3 . I understand that if I sell this property, the
person I sell to is obligated in the same way that
I am.
Harold Holigan
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