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UNITED STATES DISTRICT COUNT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
EARL McKEITHAN,
Plaintiff
V. C.A. No. A -82 -CA -196
THE CITY OF GEORGETOWN, TEXAS,
SOUTHWESTERN UNIVERSITY, INC. and
THOMAS G. SAMS
Defendants
AGREEMENT
This Agreement is made and entered into between Earl McKeithan,
(hereinafter McKeithan), Plaintiff in the above -entitled and numbered
cause, and The City of Georgetown, Texas, (hereinafter City), Southwestern
University, Inc., (hereinafter Southwestern), and Thomas G. Sams
(hereinafter Sams), Defendants in the above -entitled and numbered cause.
This Agreement is to confirm in writing the terms of the oral agreement
reached between the parties hereto at a specially called executive session
of the Georgetown City Council at 5:30 p.m. on April 28, 1982, which
session was called for the purpose of attempting to negotiate an agreement
in settlement of the above -numbered cause.
In consideration of the mutual covenants and agreements of the parties
hereto, it is hereby agreed, without admission of the merits of the lawsuit
as follows:
Covenants and Obligations of the
City of Georgetown, Texas and Thomas G. Sams
The City acting through the authorization and sanction of its duly
elected City Council, and Sams hereby covenant and agree that:
1. City of Georgetown Permit No. 2702 for water and sewer
service which was granted to McKeithan on February 17, 1982
is declared valid and shall authorize McKeithan to obtain
sewer service from the City by running a sewer line from his
property down the highway right-of-way along Highway 29 to
the City's trunk line at Smith Branch to the east of
McKeithan's property provided:
a. McKeithan shall enter into an oversizing agreement
with the City on the same terms and conditions as the
City normally requires from others who are required to
enter into such an oversizing agreement. The cost of
any oversizing required over a six inch line by the City,
additional manholes required by the City, or other additional
requirements of the City will be paid for by the City.
b. McKeithan obtains the City's approval for the engi-
neering plans for running the sewer line. The City
agrees that it will apply the same standards to
McKeithan's proposed engineering plan as it would apply
to any other person installing such a line. The City
will review the plans in good faith and will not
unreasonably refuse to approve such plans. If for any