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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. • x y \ r.uyurr.r --'_ •NW • \ I /YII•WI. • r.MY..•N•1♦.M.w...IW♦1. •1•.w V \ •w,w I i 4 r.Y 1 4.Y w Ya4yY W 1 a Y.1�'W�1.M 1 Y IA lr. Ik, �- -__. _-_ J _ _- WIIAP i•I..YI�Iw L4.r....i/..11 Mr11.N. wly . MAR O/ GRA! I.NE '• — -- •.1 Ye y 1••W0.Mwiw Id**w..a II 1' •11.• .41 �. 77 •..i I- I ..I.. 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M IM•rr11 Y O 4t1445 i .ti . \ `\ ,,c.` • • l4J1111Uti.II .1 r•r•L.1'11•.L/164. \ I r •.N IM 1 .. ..• .•..1•.MW...•Niriarlr.•r r V r \ \\ I 1 _ r.r.'gig.r:grautrrlprvgrr \ \ \ \� "WY..its•�r•1. en.M..•b.4u. f IN.IL Y.Ar ,•............ WJ YIL Il lE 11f110It PI!PIC VIIL 1LM lE t��ly. 114—ii,m; R->c1,-- «•� WYLIE`TEXAS •.•a•I•.........••••..•••I tiu•.Iu•. ..»• E C OAVIUSJN SURVEY, ABS T NO. 267 "WO.-- -. .raw .MI III...W COT I.IN CUUNT Y, TEXAS tiY.Ri�rw..nrw ..•.i Y w .. i.......... 4 .I.w .4"(I 144 AtiiifatWii•.wile r.w•,VI4 Nrw •-- WYLJE STIOPPINti_VITA AGE LTD OWNER ,••,«,•,a W r Io..1.1 W u.4 u+."w•.•••..4r...w•4M 1 1 ...OM.aWw.M I.0•/Y..w w r•.I.wr•4.l•••... 5J•. EL�CiRONIC LANE, S'f E. II? --�-- D4LLAS, TEXAS •"ru.••...u,. ,r,rM__� \ ( _. ... ._.. r.. L.Otw 'Situ .__.. '• ....... v.-"'- TIM BEN NETT EN_GIN__EERS -INC,—_ ENGINEER l925 FORE5r LAN£ GARLAND, TEXAS 1 r,•rr.r.tr re • SI..I 1'•WJ .0I5 IIAA 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. • x-- - 'ssurwerm t1.4 I NW • y ' � I tt.r.o r ttl.. • rrrr.,•.N Y.YI1r•1.1W•N •' _ ....r,vrr r 1r.wwr Nwi.�.„i....I w,Wi.,,i.+ k ` r.1, .11../u.•,r•w r rr••«r.•1 N W.r••.•t 41 ..._ _..._ .....-__ .__.-.... -,---..------ \ _ �a I M 1µl;.Y 14 kw rw«1•y�M`1.•M.r//.h•w W•.1.�•�r I .aproi GRA! i 1 ...__ __. «nl•,1«1/rrrlr•r 1r1«•: I .._._l._ - ..__ _.-... _.._- -- ___.._._ • . 1M«Yr.41.•.44 i r a .I•I.W 144. 1 w•• ...,r Nr,rr.•.r I11 ( f IIi 1 __ 7I ,. I I I r'lra ri it�1i ir•��w.r.�i«`..w•ww « l_.i._._1 I I L — .__ .1_ "-I:101% i i�11/•..._.ww•..,.... \ _. . I. �_-_I _. III I_ -I. _.l_.... I _ l.._.._ I i ! - ., ..«.ru .1.�r1« r. ...�..•r• �..,..... rr1 \ \ k �___. _ __..... 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W✓IlL11L 31H1 IPP11NG IV111L1L� � N�, ll :l,i;o';,i:-Iiiir---_._ m WYLIE, TEXAS ••µ.•• .. ult Ls..............,11•.r.,1.. 4... r• E C UAVrOSON SURVEY, ARST NU 267 r•r.• W rr•r../r r•1 rr«W r' COL LIN COUNTY• TEXAS i�iti-tti."C..«i.W .40 +inl:r ill 101r.«i71 ww t•.r..,«.•.«O.OD .f4 lt,talk rrr r.. w i WYLIE SHOPPING VILLAGE, LTD OWNER a,r..:.a...rw 14e4 Oa r Nr....::.«•....•r..w W•.w 2510-CUE LANE STE 712 `-- OALLAS,Y 'Xal TIM DENNE I ENUINEENS, INC __ ___t�.�. - 3- ---'--� ENGINEER 923 FOREST LANE - GARLAND, TEXAS ,\ A :A.Sit/ .r .) t 44.1,Y, IYrr 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 • 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 . 2 9 • 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 /O 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 4 /! 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 [V t