R2004-156 09-27-04 RESOLUTION NO. R2004-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING A STRATEGIC PARTNERSHIP AGREEMENT
BETWEEN THE CITY AND BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 16.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain amended Strategic Partnership Agreement by and
between the City of Pearland and Brazoria County Municipal Utility District No. 16 a copy of
which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby
authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an amended Strategic Partnership Agreement with
Brazoria County Municipal Utility District No. 16.
PASSED, APPROVED and ADOPTED this the 27th ,
A.D., 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
__ day of September
TOM REID
MAYOR
Exhibit "A"
Resolution No. R2004-156
FIRST AMENDMENT TO
STRATEGIC PARTNERSHIP AGREEMENT
BETWEEN THE CITY OF PEARLAND, TEXAS AND
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 16
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This FIRST AMENDMENT TO STRATEGIC PARTNERSHIP AGREEMENT (this
"First Amendment") is made and entered into as of September 2~, 2004, by and between the
CITY OF PEARLAND, TEXAS, a municipal corporation and home-rule city of the State of
Texas ("City") and BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 16 (the
"District"), a conservation and reclamation district created pursuant to Article XVI, Section 59,
Texas Constitution and operating pursuant to Chapters 49 and 54, Texas Water Code, as
amended.
All capitalized terms used herein and not otherwise defined shall have the meaning given
to such terms in the Agreement (hereinafter defined).
RECITALS
WHEREAS, the City and the District entered into that certain Strategic Partnership
Agreement dated October 23, 2003 (the "Agreement"); and
WHEREAS, the Agreement contemplates that a portion of the Detention Property may be
used to mitigate off-site drainage requirements for the Commercial Property in the District; and
WHEREAS, the City and the District desire to amend the Agreement to allow the District
to use the Detention Property to mitigate off-site drainage requirements for any development in
the District, rather than specifically restricting the District's use of the Detention Property to the
Commercial Property in the District.
NOW, THEREFORE, in consideration of the mutual promises, covenants, obligations
and benefits of this First Amendment, the City and the District hereby contract and agree as
follows:
1. Section 4.03 of the Agreement is amended and restated to read as follows:
Section 4.03 Detention. The City agrees that a portion of the Detention
Property may be used to mitigate off-site drainage requirements for the District up to a maximum
volume of 20.4 acre-feet. Stormwater detention requirements for the Commercial Property shall
be provided by Developer in Developer's detention pond on the south side of Hickory Slough.
2. Section 8.03 of the Agreement is amended and restated to read as follows:
Section 8.03 Participation in Regional Detention Facility. The parties agree that
the Developer shall be allowed to participate in the regional detention facility constructed by the
City. Developer shall pay the then applicable "buy-in" fee approved and charged by the City to
participate in the regional detention facility, less any credit accrued to Developer for the removal
of fill from the Detention Property; provided, however, that the City agrees that for the 10 years
following the effective date of this Agreement, such "buy-in" fee will not exceed an increase of
10% over the current "buy-in" fee of $7,500 per acre/foot.
3. Except as otherwise provided herein, all terms and provisions of the Agreement
shall remain in full force and effect.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in
multiple copies, each of equal dignity, as of the date and year first written above.
"CITY"
CITY OF PEARLAND, TEf~
lom Reid ., Mayor
ATTEST: ,ri ·
~q~l~q-I_'~/~y S~cretary
APPROVED AS TO FORM:
Darrin Coker , City Attomey
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
was acknowledged before me on the ~_~ day of ~.~/t~ ,
This
instrument
2004, by '7~ ~ ~i~ 4 , as Mayor of eearland, Texas, a home-role municipality,
on behalf of said munici~alitv____
t~ PERLAN. LEHMAN $
~[5['.,~e,.'~,~ I'.iotary Pub])o, State of Texas ~
~\~:~.~] My Commission Expires: .~
~ ~ APRIL 2, 2005 ~
(~Net~'~y, State~o~ TeXas
"DISTRICT"
BRAZORIA C~)..~UNTY MUNICIPAL
By: \ X,~L~ 7~
P~i!~ ~rt~ker, President
Board of Directors
ATTEST:
roa'a, oWga:::t', Sr?retary
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on the It,,,,'{'k, day of ~ ,
2004, by Philip Croker, as President of Brazoria County Municipal Utility Dish'ict No. 16, a
political subdivision of the State of Texas, on behalf of said political subdivision.
COATS ROSE
JOSH J.KAHN
jkahn rt coatsrose.com
DIRECT DIAL
(713)653-7339
September 17, 2004
VIA MESSENGER
" Mr. Darrin Coker
City Attorney
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Brazoria County Municipal Utility District No. 16
Dear Darrin:
The Board ofDirectors(the"Board")ofBrazoria County Municipal Utility District No. 16(the
"District")held public hearings on the proposed First Amendment to Strategic Partnership Agreement
between the City of Pearland and the District on Thursday, September 9, 2004 and Wednesday,
September 15,2004. Following the second public hearing,the Board approved the First Amendment to
Strategic Partnership Agreement.
Enclosed please find two(2)originals of the First Amendment to Strategic Partnership Agreement
that have been executed by the President and Secretary of the District. Please return one fully executed
original to me following approval by the City of Pearland.
Ifyou should have any questions,please feel free to call Julianne Kugle or myself. Thank you for
your attention to this matter.
Very truly yours,
Jos . K"TiJa i
•
Enclosures
cc: Keith Faseler
COATS I ROSE I YALE RYMAN I LEE
A Professional Gotporation
3 Greenway Plaza,Suite 2000 Houston,Texas 77046
Phone:713-651-0111 Fax:713-651-0220
003114.000001\303243.4 JKAHN Web:www.coatsrose.com
CHANGES ARE UNDERLINED
OLD SECTION 4.03
Section 4.03 Detention. The City agrees that a portion of the Detention Property may be used.
to mitigate off-site drainage requirements for the Commercial Property as set forth herein. Such
mitigation requirements will be determined by the then applicable City and Brazoria County
rules and regulations at such time as.the Commercial Property is developed.
NEW SECTION 4.03
Section 4.03 Detention. The City agrees that a portion of the Detention Property may be used
to mitigate off-site drainage requirements for the District up to a maximum volume of 20.4 acre-
feet. Stormwater detention requirements for the Commercial Property shall be provided.by
Developer in Developer's detention pond on the south side of Hickory Slough.
OLD SECTION 8.03
Section 8.03 Participation in Regional Detention Facility. The parties agree that the
Commercial Property shall be allowed to participate in the regional detention facility constructed
by the City. Developer shall pay the then applicable "buy-in" fee approved and charged by the
City to participate in the regional detention facility, less any credit accrued to Developer for the
removal of fill from the Detention Property; provided, however, that the City agrees that for the
10 years following the effective date of this Agreement, such "buy-in" fee will not exceed an
increase of 10%over the current"buy-in"fee of$7,500 per acre/foot.
NEW SECTION 8.03
Section 8.03 Participation in Regional Detention Facility. The parties agree that the Developer
shall be allowed to participate in the regional detention facility constructed by the City.
Developer shall pay the then applicable "buy-in" fee approved and charged by the City to
participate in the regional detention facility, less any credit accrued to Developer for the removal
of fill from the Detention Property;-provided, however, that the City agrees that for the 10 years
following the effective date of this Agreement, such "buy-in" fee will not exceed an increase of
10% over the current"buy-in"fee of$7,500 per acre/foot.
kr--
.-
AFFIDAVIT OF PUBLICATION
• The Pearland Reporter. News
2404 South Park
Pearland, Texas 77581 _.
,.....
, s. .
.3.. .,.
State of Texas
,
.,_
Brazoria and Harris Counties
. -
I, Randy Emmons, hereby-certify that the notice hereby appended was published •
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris &.Galveston Counties, for__I issues, as folloWs:
, .
No. _ I Date __ ______20_ _
- No. Date ____________20_
No. . Date •
20
_____ • .
•
Date 20_
3 •
,
dai on-a--
• . President
- ,
Subscribe and sworn to before me this I . day of. 40___L___.
. . .
. . .
.,,
•: .s7\0 LAURA ANN EMMONS • . Laura Ann Emmons, Publisher• '
,• w Notary Public,State of Texas .
• '). 4,- Commission Expires 09-09-2006 :
4PE o
. of
••••••.•....•OOOO.OOOOOOOOOO••••
Notary Public, State of Texas
• e,200y./.5-6 • -5-PA- ric, "4° 4
Published Sept.8,2004
NOTICE OF PUBLIC
HEARING OF THE CITY,
OF PEARLAND
I
Notice is hereby given that•
On the 20th day of
September,2004, at 6:30
'p.m.,the City Council of the :
;City of Pearland, Brazoria,
Fort_Bend, and Harris
Counties,Texas will con-
duct a Public Hearing in the
Council Chambers, City
Hall, 3519 Liberty Drive,
Pearland,Texas,to gather
public comment and testi-,
mony regarding an amend-
ment to the Strategic'
Partnership Agreement
between the City and
Brazoria County Municipal'
Utility District No.16.
At said'hearing all interest
_ ed parties shall have the
right and'opportunity to
appear and be heard on the
subject.
•
/s/Young Lorfing,TRMC
City Secretary .
This site is accessible tc
'disabled individuals. Foi
special'assistance, please
call Young Lorfing at 281:
652-1655,prior to the meet
ing so that appropriate
arrangements can be made:
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby.certify that the notice hereby was appended
in Brazoria and Harris Counties in THE REPORTER p published
NEWS, a newspaper of general
circulation in Brazoria, Harris &..Galveston Counties, for / issues, 4as follows:
• No. . . / Date t
20 4
No. Date 20
•No. • Date 20 •
• No. Date 20
•
No. Date 20
•
President
Subscribe and sworn to before me this a . day of
•
� �°�� LAURA ANN EMMONS
•
• Notary Public,State of Texas '
�,T +� Laura Ann Emmons, Publisher'
• •fo*.E Commission Expires 09-09-2006 .
Notary Public, State of Texas
Published Sept.1,2004T
• NOTICE OF PUBLIC'
HEARING OF THE CITYI
OF PEARLAND
Notice is hereby given that
on the 13th day of
I September,2004, at 6:301
!p.m.,the City Council of the!
City of Pearland, Brazoria,
Fort Bend, and Harris'
j Counties, Texas will con-1
!duct a Public.Hearing in the
Council'Chambers, City,
'Hall, 3519 Liberty Drive,
Pearland,Texas,to gather
public comment and testi •
-
mony regarding an amend-
ment to the Strategic
Partnership •Agreement
between the City and
Brazoria County Municipal
Utility DistricfNo:16:'
At said hearing all interest-
, ed parties_shall have the-
right and opportunity to
appear and be heard on the
subject.
' /s/Young Lorfing,TRMC
City Secretary -
•
This site is accessible to
1 disabled individuals. For,
special assistance,please,
call Young Lorfing at.
281.652.1655, prior to the!
meeting so that appropriate;
arrangements can be made.,
� " : VVIDAV FP €i LICATE • N
The Pearland Reporter News
} 2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties •
I, Randy Emmons, hereby cdrtify that the notice hereby appended was pt blished
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for ( issues;:as follows:
No. l Date o 20 o 3
No. Date 20
No. Date . - :20
No. Date 20
No. Date 20
President
Subscribe and sworn to before me this day of a ��
20 0 3 •
Laura Ann Emmons, Publisher
Notary Public, State of Texas
•
P7o' "" /% •
•NOTICE OF JOINT
PUBLIC HEARING OF
I THE CITY OF PEARLAND .
AND BRAZORIA COUNTY'
MUNICIPAL DISTRICT
NO.16 •
Notice is hereby given that on
the 20th day of October; •
2003, at 6:30 p.m.,the City'
Council of the City of
'Pearland, • Brazoria, Fort
Bend, and Harris Counties,
Texas and Brazoria County
Municipal Utility District No.'
16 will conduct a Public
Hearing in the Council
Chambers, City Hall, 3519
Liberty Drive, Pearland,
Texas,to gather public corn-
ment and.testimony regard-
ring _the adoption of_,a
Strategic Partnership,
I'Agreement and a Sales &
Use Tax_Agreement between
the City and Brazoria County
Municipal Utility •District
No.16. Copies of the pro-1 •
I posed Strategic Partnership,
I Agreement may be obtained
prior to hearings at the office-
• of the City Secretary.at the
above listed address.
At said hearing all interested
parties shall have the right
•and opportunity to appear
-.and be heard on the subject.,
/s/Young Lorfing •
City Secretary
'This site is accessible to dis
abled individuals. For specia
assistance,please call Yount
L&fiing at 281.652.1655,pric
to the meeting so that app.(
priate arrangements can
made.
n miruif ® I n rVDL.. L/di MAN
r 2-
r i
The Pearland Reporter News
2404 South. Park
A f ,Pearland Texas 77581
State of Texas
Brazoria and Harris Counties
I, Randy Emmons, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
circulation in Brazoria, Harris & Galveston Counties, for / issues,.as follows:
No. t Date 20.
No. Date .20
No. Date • :20
No. Date 20
No. Date 20
Presi ent
EtantiS
1.40 pNN tate of Texas
Subscribe and sworn to before me this •� ►t,, aNPub11XA0�09m.2006 c�
, • 1�. +� Comm►ss r �•veyi`,.. •
4' 4re o,•' •`�,•i•. !:
Laura Ann Emmons, Publisher
• Notary Public, State of Texas
«.
r - _
IPublished Oct. 15&Oct.22
2003
NOTICE OF JOINT -
PUBLIC HEARING OF
THE CITY OF PEARLAND
AND BRAZORIA COUNTY,
MUNICIPAL DISTRICT
NO.16
Notice is hereby given that on'
the 27th day of October,i
r 2003, at 6:30 p.m., the City I
Council of the City- of
I Pearland, Brazoria, _Fort
1.Bend, and Harris Counties,!'
Texas and-Brazoria-County
'Municipal Utility District No.
16 will conduct a Public
'Hearing in the Council
[Chambers, City Hall, 3519`
j Liberty Drive, Pearland,
Texas,to gather public corn-
ment and testimony regard-
ing the adoption of a
Strategic Partnership?
Agreement and a Sales &.
!Use Tax Agreement between
the City and Brazoria County
'Municipal Utility District
No.16. Copies of the pro-?
posed Strategic Partnership
. Agreement may be obtained:
prior to hearings at-the-office..
of the City Secretary at the
above listed address.
At said'hearing all interested'
parties shall have the right
and opportunity to appear
and be heard on the subject. i
/sl Young Lorfing •
City Secretary
This site is accessible to dis-
abledindividuals. For special
assistance,please call Young
Lorfing at 281.652.1655,prior
to the meeting so that appro-.j
priate arrangements can be
made.