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R96-22 04-22-96RESOLUTION NO. R96-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FAITH COMMUNITY CHURCH FOR OVER SIZING OF A SANITARY SEWER MAIN. WHEREAS, the Faith Community Church wishes to connect to City sanitary sewer to serve its facilities at 2402 East Broadway; and WHEREAS, City desires to cooperate with the Church and provide sewer service but anticipates the need for the sewer main to be larger than that needed to only serve the church facilities; and WHEREAS, the City and Church desire an agreement to set forth their respective responsibilities with respect to providing sewer service to the facilities. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1, That certain agreement, a facsimile of which is annexed hereto, designated Exhibit "A" hereof and incorporated herein for all purposes, by and between the City of Pearland and Faith Community Church for OVER SIZING a sanitary sewer main to serve the church and the surrounding area, is hereby authorized and approved. 1 of 2 Section 2. The City Manager is hereby authorized to execute, and the City Secretary to attest, the annexed agreement and counterparts thereof. PASSED, APPROVED and ADOPTED this theff~ day of A.D., 1996. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: C TY 3tTTORNEY 2 of 2 DEVELOPMENT AGREEMENT (EXHIBIT A) This Agreement is entered into this ~ day of ,1996, by and between the City of Pearland, Texas, (hereinafter "City"), and Faith Community Church of Pearland (hereinafter "Church"). WITNESSETH WHEREAS, the Church wishes to connect to City sanitary sewer to serve its facilities at 2402 East Broadway (hereinafter "facilities"); and WHEREAS, City desires to cooperate with the Church and provide sewer service but anticipates the need for the sewer main to serve the Church to be larger than that needed to only serve the facilities; and WHEREAS, the City and Church desire an agreement to set forth their respective responsibilities with respect to providing sewer service to the facilities. NOW THEREFORE, in consideration of the foregoing preanises and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as follows: The City shall pay the Church $2,000.00 in consideration for installing an oversized sewer main. 2. The Church agrees to contract for and install an oversized sewer main. This agreement shall be governed by the laws of the State of Texas and may be amended or modified only by written agreement signed by both parties. Nothing herein is intended to supersede or waive any City ordinance or regulation pe 'mining to such construction. 5. Resolution No. R96-22 is made a part of this Development Agreement. In wireess whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. FAITH COMMUNITY CHURCH: John Bishop, President of Trustees CITY OF PEARLAND, a Texas municipal corporation Patti Grohman, City Manager ATTEST: Yolanda Benitez, City Secretary ACKNOWLEDGMENT STATE OF TEXAS BRAZORIA COUNTY Personally came before me this~ day of ,1996, the above John Bishop, to me known to be the person who executed the foregoing instrument and acknowledge the same. Notary Public, State of Texas My Commission Expires: ACKNOWLEDGMENT STATE OF TEXAS BRAZORIA COUNTY Personally came before me this , day of ,1996, the above Paul G-rohman, to me known to be the person who executed the foregoing instrument and acknowledge the same. Notary Public, State of Texas My Commission Expires: