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,;~ <br />• • <br />• <br />THE STATE OF TEXAS § <br />§ <br />COUNTY OF HARRIS § <br />This Agreement made and entered into by and between the CITY OF <br />LA PORTE, a municipal corporation of Harris County, Texas, hereinafter <br />called "City", and KAY HOMES, INC., a Texas business corporation having <br />its principal office in Houston, Harris County, Texas, hereinafter <br />called "Kay Homes," <br />W I T N E S S E T H: <br />1. The City of La Porte, by its Ordinance No. 1393, finally <br />passed and approved on December 28, 1983, has heretofore annexed and <br />• made a part of the corporate limits of the City, all of the area <br />which formerly comprised the College View Municipal Utility District. <br />Kay Homes was and is an active residential home builder in the former <br />College View Municipal Utility District. The sewer treatment plant <br />in the College View Municipal Utility District was not, at the time <br />of annexation, meeting current regulatory requirements to comply <br />with its operation permit. City's engineers have recommended the <br />construction of necessary lines and lift stations to transport the <br />effluent from College View Municipal Utility District to City's <br />central sanitary sewer treatment plant. Kay Homes has agreed to pay <br />certain sums to City to be applied toward the cost of such facilities, <br />in consideration of City agreeing to issue certain building permits <br />• to Kay Homes, so that Kay Homes may continue without interruption <br />its residential building program in Brookglen, Section III, a sub- . <br />division in Harris County, Texas. The fees paid to City hereunder <br />by Kay Homes shall be considered Capital Cost Recovery Fees. <br />2. For and in consideration of the payment of Two Hundred <br />Forty Six Thousand Nine Hundred Sixty~Dollars ($246,960.00) by Kay <br />Homes to City, the receipt and sufficiency of which is hereby acknow- <br />• ledged, as and for a Capital Cost Recovery Fee, to be deposited by <br />City to City's Water and Sewer Improvement Fund, to be used by City <br />~r ~. <br />