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17-R-65 Agreement with Developer of the Hallie's Cove Subdivision ProjectWHEREAS, there is a lack of sewer service to serve an area of southern Schertz. WHEREAS, the sewer improvements including the southern Schertz sewer treatment plant and Woman Hollering Creek Trunk line is needed to provide sewer service, WHEREAS, the Developer of the Hallie's Cove Subdivision agrees to provide pump and haul services for sewer until 2019 or construction of the plant and trunk line, WHEREAS, there is a benefit to having development tie into the Woman Hollering Creek trunk line upon completion, WHEREAS, the City Council finds that it is in the best interest of the City to enter into the Agreement with Developer for Pump and Haul services for Hallie's Cove. WHEREAS the Unified Development Code of the City of Schertz provides for developers to enter into agreements to defer the construction of required improvements until after the plat is filed. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS 1M Section 1. The City Council hereby authorizes the City Manager to execute the agreement for Pump and Haul Services for Hallie's Cove with TRIPLE H DEVELOPMENT, LLC, generally in the form attached, subject to changes approved by the City Manager and City Attorney. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 5 5 1, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. ATTEST: 'C-ify�—Secretary; Brenda Dennis I CITY OF SCHERT, Z, TEXAS W/ "Mdoor, Michael R. Carpenter -2-