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<br />22. <br /> <br />RESOLUTION 2000-1D..6... R <br /> <br />A PBSOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, APPROVING THE TERMS AND <br />CONDITIONS OF AN AGREEMENT BETWEEN THE CITY AND <br />CORHAN, LTD. AND COLLEEN SMITH SHELTON <br />REGARDING WATER FACILITIES IN THE WILLOW CREEK <br />ESTATES AREA; AUTHORIZING THE CITY MANAGER TO <br />EXECUTE THE AGREEMENT ON BEHALF OF THE CITY AND <br />DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. The City acquired an easement from Handler Smith and Colleen Smith Shelton in 1988 <br />for a 16" water main through the Willow Creek Estates area. An agreement regarding the water line <br />called for water service to be provided through the line to newly developed areas of Willow Creek <br />Estates. In the course of developing Section 10 of Willow Creek Estates, the City required a separate <br />water main parallt'l to the 16" line to be constructed so that the 16" line would not have numerous <br />service connections made to it. Mr. Smith disputed the cost of installing the parallel main, claiming <br />that L~e 1988 agreement allowed him to make connections to the 16" line. <br /> <br />2. The attached agreement is intended to supersede and clarify the 1988 agreement. Under <br />it the City and the current property owners, Corhan. Ltd. and Colleen Smith Shelton, will split the <br />cost of the new parallel main, and the service connections that can be made to the 16" line for the <br />remainder of the subdivision will be limited to those shown on an agreed sketch. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />PART 1. The attached Agreement Regarding Water Facilities between the City of San <br />Marcos and Corhan, Ltd. and Colleen Smith Shelton is approved. <br /> <br />PART 2. The City Manager, Larry D. Gilley, is authorized to execute the agreement on <br />behalf of the City. <br /> <br />P ART 3. This Resolution is in full force and effect immediately from and after its adoption. <br /> <br />ADOPTED on May 8 <br /> <br />,2000. <br /> <br />&~~.~ <br /> <br />Billy G. Moore <br />Mayor <br /> <br />~MV;rf;r~/ <br /> <br />Janis K. Womack <br />City Secretary <br />