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<br />STATE OF TEXAS
<br />COUNTY OF HAYS
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<br />THIS AGREEMENT MAD AND ENTERED INTO on this the 13th day of
<br />April, 1970, by and between the City of San Marcos, a municipal
<br />corporation acting herein by and through its duly authorized Mayor,
<br />hereinafter called CITY, The Rader Company, acting herein by and
<br />through its duly authorized representative, W.S. Rader, hereinafter
<br />called OWNER, now WITNESSETH.
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<br />WHEREAS, OWNER is desirous of securing an extension of the
<br />CITY'S sewer and water mains for the purpose of affording sewer and
<br />water service to OWNER'S premises, namely, that subdivision known
<br />as Tanglewood #3, as per map or plat thereof, to which map or plat,
<br />and its record, reference is here made and same made a part hereof
<br />for all legal, pertinent and descriptive purposes; and
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<br />WHEREAS, OWNER is further desirous of securing the installation
<br />of a sewage collection and water distribution system within said
<br />subdivision; and
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<br />WHEREAS, CITY has entered into a written contract with
<br />J.C. Varner, of San Marcos, Texas, for the installation of said
<br />sewage collection and water distribution system, hereinafter called
<br />SYSTEM, within said subdivision, such contract being dated
<br />April 9, 1970; and
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<br />WHEREAS, CITY has made a contract with J,C. Varner', the CITY
<br />has agreed to pay $4,103,50 for the installationbf said system
<br />within said subdivision, OWNER having made a verbal commitment to
<br />CITY to reimburse it to the full extent of said $4,103.50; and
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<br />WHEREAS, by virtue of a resolution of its City Council, passed
<br />and approved on September 25, 1967, and hereby referred to and made
<br />a part hereof, CITY has agreed, under certain conditions, to extend
<br />its sewer and water main lines to the boundaries of subdivisions
<br />created after the date of such resolution as well as to pay a
<br />percentage of the cost of installation of a sewer and water service
<br />system within such subdivisions:
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<br />NOW, THEREFORE, in consideration of the premises, the parties
<br />hereto do contract and agree with each other as follows:
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<br />1. CITY will extend its sewer and water mains to the above-
<br />referred to subdivision at no cost to OWNER. OWNER agrees to
<br />secure for and deliver promptly to CITY, free of cost to CITY, all
<br />easements or rights of way which maybe necessary in order to install
<br />said sewer and water main extensions.
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<br />2. OWNER hereby agrees to pay and deliver to CITY said sum of
<br />$4,103.50 as consideration in full for the installation of said
<br />system within said subdivision.
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<br />3. CITY will rebate to OWNER a maximum of one-half of the
<br />total cost of installation of said system upon the fOllowing basis:
<br />For each individual owner of property within said subdivision whose
<br />sewer and water service lines shall be connected directly to the
<br />CITY'S sewer and water main lines, a rebate of $1..72 per lineal foot
<br />of each individually owned tract of land shall be made by CITY to
<br />OWNER, such footage to be measured across the portion of each
<br />individually owned tract where it abuts upon a street of said
<br />subdivision. Said rebate shall be made semi-annually and no interest
<br />shall accrue in connection therewith. The maximum cost of such
<br />rebate to the CITY shall be the sum of $2,053.75. In no event shall
<br />the CITY be liable for the refund of any portion of said $2,053.75
<br />beyond a period of seven (7) years from the date of the completion
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