R2019-133 2019-05-20RESOLUTION NO. R2019-133
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into an Interlocal Agreement for
Emergency Services with Brazoria County Emergency Services District No. 5.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement for Emergency Services, 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 Interlocal Agreement for Emergency Services.
PASSED, APPROVED and ADOPTED this the 20th day of May, A.D., 2019.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Executed Copy
INTERLOCAL AGREEMENT FOR
FIRE PROTECTION, FIRE SUPPRESSION, EMERGENCY MEDICAL AND RESCUE
SERVICES
This INTERLOCAL AGREEMENT FOR FIRE PROTECTION, FIRE SUPPRESSION,
EMERGENCY MEDICAL AND RESCUE SERVICES (herein "Agreement") is entered into
effective January 1, 2019, by and between BRAZORIA COUNTY EMERGENCY SERVICES
DISTRICT NO. 5 ("DISTRICT"), a political subdivision of the State of Texas, organized and
operating pursuant to the provisions of Section 48-e, Article III of the Texas Constitution and
Chapter 775 of the Health and Safety Code and THE CITY OF PEARLAND, TEXAS ("CITY").
WHEREAS, both the DISTRICT and CITY propose to enter into this Agreement pursuant
to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code to allow CITY to
perform certain governmental functions and services for DISTRICT, which shall be limited to: fire
suppression services to protect life and property from fire, emergency medical and rescue
services and all emergency services arising therefrom (collectively; "Emergency Services") to
properties and persons located within the geographic boundaries of the DISTRICT;
WHEREAS, Brazoria County Emergency Services District No. 5 was created by the
Brazoria County Commissioners Court on November 27, 2018 and is operating for the express
purpose of facilitating the provision of Emergency Services for the District. Prior to the creation
of the District and until the District has an Agreement for Emergency Services in place, Brazoria
County Municipal Utility Districts 2 and 3 have been and continue to donate approximately
$70,000 dollars annually to the City's Fire Department. These Districts realize the cost of providing
Emergency Services well exceeds the voluntary contributions made to the City and wish to
memorialize an Agreement with the City whereby a substantial payment is made to the City to
cover the costs of providing Emergency services to the District.
WHEREAS, both the DISTRICT and CITY agree that the CITY's cost of Emergency
Services may exceed the DISTRICT's statutory ability to create the revenue needed to pay the
CITY in full for the CITY's cost of providing Emergency Services;
WHEREAS, the DISTRICT desires to maximize its ability to pay the City, as an Emergency
Service District (ESD) in the State of Texas,by collecting a maximum 10 cents per $100 of
appraised property values for the purpose of contracting for Emergency Services;
WHEREAS, the District anticipates collecting approximately $652,184 in tax revenue from
2019 property taxes, to be received by the District in tax year 2020, an amount subject to change;
and
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WHEREAS, the CITY estimates its cost to provide Emergency Services to the DISTRICT
is estimated to be $910914.
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and
agreements herein contained, and other good and valuable consideration, the receipt and
sufficient of which are hereby acknowledged, DISTRICT and CITY hereby agree as follows:
PARTIES
Brazoria County Emergency Services District No. 5 ("DISTRICT") and the City of
Pearland ("CITY") shall be the parties to this Agreement, with the CITY's Fire Department acting
as the provider of Emergency Services on behalf of the CITY.
CITY acknowledges and represents that it is familiar with boundaries of the DISTRICT
and agrees to provide the Emergency Services to the DISTRICT in accordance with this
Agreement. CITY and DISTRICT agree and acknowledge that CITY shall perform and deliver
Emergency Services to the DISTRICT, strictly on the basis of the City's standards of practice and
fire service delivery models.
DISTRICT acknowledges that CITY is a home rule municipality that has Emergency
Service obligations to its own incorporated area, and that any Emergency Services provided to
the DISTRICT shall not be considered exclusive or primary, and such services shall be rendered
in the context of the City's fire and emergency response protocols in effect from time to time,
including CITY's use and reliance from time to time on mutual aid agreements with other
governmental entities and/or fire departments.
The Fire Chief of the CITY or his/her authorized designee shall be the liaison responsible
for communication with DISTRICT. The President of the DISTRICT or his/her authorized designee
of the District shall be the liaison responsible for communication with the CITY.
II.
TERM; EARLY TERMINATION
The initial term of this Agreement shall be for a period of three (3) years, retroactively
beginning January 1, 2019 and ending December 31, 2021 (the "Term"). This Agreement may be
renewed by written agreement of the parties, provided the DISTRICT notifies the CITY of intent
to renew this Agreement, not less than 6 months prior to the end of the initial Term. Either party
may terminate this Agreement, during the first or second year of the Term by providing the other
party not less than twelve (12) months written notice.
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III.
TERMS OF COMPENSATION
(a) During the Term of this Agreement, the payments for Emergency Services shall
be paid by DISTRICT to CITY as follows: DISTRICT shall pay to CITY an amount equal to the
total sum of taxes collected by the DISTRICT, minus the sum necessary to meet the DISTRICT'S
annual budget ("Annual Payment for Services"). The Annual Payment for Services shall be
received by CITY no later than March 31 of each year, for services rendered in the prior year. It
is understood by the Parties that the Annual Payment for Services represents payment for
services rendered in the calendar year prior to the date the payment is made to the CITY, which
is retroactively inclusive of the 2019 calendar tax year (January 1, 2019 — December 31, 2019).
(b) The DISTRICT agrees to set a tax rate not lower than 10 cents per $100 of
appraised taxable value of the real property located within the DISTRICT's territory (Exhibit A) so
long as the City provides the District with its Annual Cost of providing Emergency Services to the
District and such cost exceeds the District's Annual Payment for Services.
(c) . The DISTRICT agrees to form and adopt an Annual Budget that consists of an
Administrative Fund, an Emergency Services Fund, and a Contingency Fund. The DISTRICT
shall pay CITY the entire amount budgeted in the Emergency Services Fund, which shall be the
difference between the revenue from 10 cents per $100 of appraised taxable value of the real
property located within the DISTRICT's territory (Exhibit A) and the Administrative Fund. To that
effect, the DISTRICT may retroactively allocate tax revenues collected for the 2019 tax year to be
applied to the DISTRICT's administrative expenditures incurred in 2019 and 2020; not to exceed
actual expenditures minus any contributions to the DISTRICT from other governmental entities.
(d) The DISTRICT agrees that the budget for its Administrative Fund shall be
restricted to reasonable operational costs, including: legal, accounting and bookkeeping fees and
services, applicable professional development and training, insurance, and any reasonable costs
for the establishment and implementation of a Contingency Fund, for which the annual budget
contribution shall not exceed $15,000 and the cumulative fund balance shall not exceed $37,500
over the Term of the Agreement, and for any unforeseen contingencies or emergencies. At the
end of the Term, the Contingency Fund balance shall either: (a) be carried over for use by
DISTRICT in the event the Agreement is renewed for an additional Term; or (b) be paid to CITY
if the Agreement is not renewed or is terminated by either party in accordance with Section II of
this Agreement. If the Agreement is not renewed or if it is terminated, the remaining fund balance
shall be paid to the City on or before the end Term or the effective termination date. The DISTRICT
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shall not allow interfund transfers between the Emergency Services Fund and any other Fund, in
such a manner that would reduce the amount of the DISTRICT's adopted Emergency Services
Fund.
(e) In the event either CITY or DISTRICT terminates this Agreement during the Term,
the compensation paid or due and payable to CITY shall be equal to the budgeted Emergency
Services prorated for the period in which services are provided through the effective date of
termination.
(f) CITY shall maintain sole discretion over the expenditure of payments received
under this Agreement, which shall be used solely for the Emergency Services.
(g) CITY and DISTRICT acknowledge that the actual direct and overhead costs of
providing Emergency Services to the DISTRICT may exceed the amount of the Payment for
Services, but CITY will not require DISTRICT to pay the difference between actual costs of
providing Emergency Services and the amount of the Annual Payment for Service.
(h) CITY reserves the right to charge any resident, visitor or guest of the DISTRICT
for ambulance transport and treatment fees and retain any and all proceeds collected from these
billings. Ambulance billing revenues may be calculated only as part of determining actual cost of
providing services and shall not, in any way, be a part of the Annual Payment for Services
calculations of this Agreement.
(i) No later than October 15th of each year, the CITY and DISTRICT shall provide the
other party with its most recently adopted tax rate and fiscal year's budget. In addition, CITY shall
provide the DISTRICT with detailed expenditures of all services provided by the Pearland Fire
Department; including but not limited to any indirect costs other CITY departments incur. This
report will include all expenditures and revenues used to calculate the DISTRICT's pro-rata share.
Pro-rata share shall be defined as the DISTRICT's share of the adjusted net costs of the CITY's
Fire Department, which includes: the CITY's Fire Department budget and indirect costs, as
adopted by Pearland City Council; annualized payments of debt service for fire stations,
apparatus and other capital outlays directly attributable to the CITY Fire Department; and
deductions of revenue from applicable Fire Department charges for service and miscellaneous
income, including payments made to the CITY from this Agreement. The pro-rata share of costs
to be charged to the DISTRICT will then be determined when the number of utility connections or
properties within the service area including the CITY and all of the territories it serves, including
the DISTRICT's territory, is divided by the number of utility connections or properties within the
DISTRICT's territory, and the resulting percentage multiplied by the adjusted net costs of the
CITY's Fire Department to calculate the end resulting pro-rata share of costs.
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IV.
LIMITATIONS ON REPRESENTATIONS AND WARRANTIES
CITY agrees to use its best efforts in carrying out its duties under this Agreement, and
represents that the quality of the Emergency Services provided shall be the same Emergency
Services provided in the CITY's incorporated limits. By providing Emergency Services as
contemplated herein, CITY and DISTRICT (including their agents, officers or employees) do not
waive their right to assert any available defense to liability, including any defense of immunity or
limitation of liability as a political subdivision, including, but not limited to, the rights and/or
defenses afforded by V.T.C.A., Civil Practice & Remedies Code, Subchapter B. Tort Liability of
Governmental Units, Section 101.001, et seq.
It is not the intention of the parties hereto to create a partnership or association. The duties
and liabilities of CITY and DISTRICT are intended to be separate and not joint or collective.
Nothing contained in this Agreement and in any agreement made pursuant hereto shall ever be
construed to create a partnership or association or impose a partnership duty, obligation or liability
with respect to any one or more of the parties hereto. This Agreement shall not be construed to
operate as a merger, consolidation or annexation of one political subdivision by another, and the
doctrines of Respondeat Superior shall not be applicable to the CITY, as the CITY will function
as an independent contractor of the DISTRICT.
Pursuant to Section 775.0366(d) of the Texas Health and Safety Code, the DISTRICT
shall be responsible for any and all civil liability that arises from furnishing Emergency Services
to the DISTRICT.
V.
DUTIES AND RESPONSIBILITIES OF THE PARTIES.
(a) The CITY shall be the exclusive provider of Emergency Services to DISTRICT, as
provided and subject to the limitations and provisions contained herein. DISTRICT acknowledges
that CITY is a home rule municipality that has Emergency Service obligations to its own
incorporated area, and that any Emergency Services provided to the DISTRICT shall not be
considered exclusive or primary, and such services shall be rendered in the context of the City's,
fire and emergency response protocols in effect from time to time, including CITY's use and
reliance from time to time on mutual aid agreements with other governmental entities and/or fire
departments.
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(b) CITY shall provide the necessary personnel and equipment for providing
Emergency Services to the DISTRICT in accordance with this Agreement and the operational
standards and practices used by the CITY's Fire Department, and shall enter into and maintain
reciprocal mutual aid agreements with surrounding governmental entities and/or fire departments
when necessary or advisable.
(d) CITY, by and through its Fire Chief, shall furnish DISTRICT on or about the
15th day of each month, a copy of the monthly reports listing the following:
i. total number of responses to dispatched incident calls for service and medical
transports made byPearland Fire Department within the DISTRICT for the prior
month, by type of call; and
ii. the equipment dispatched within the DISTRICT for the prior month.
(g) On a monthly basis, no less than 3 business days prior to each of the DISTRICT's
regular board meetings, the DISTRICT shall provide the CITY, through its Fire Chief, with a copy
of its governing body meeting agenda. The CITY, at its discretion, may provide the DISTRICT
with additional publicity of the DISTRICT's governing body meeting activities by posting such
information on the CITY's website.
(h) On a monthly basis, no less than twenty (20) business days following each of the
DISTRICT's regular board meetings, DISTRICT shall provide CITY with DISTRICT's approved
and/or adopted governing body meeting minutes, monthly financial statements, bookkeeping
reports, any updates to its property tax roll, as well as an update of changes in any legal,
administrative and/or governing body representatives.
(i) The DISTRICT agrees to use its best efforts to hold its monthly governing body
meetings within, but not more than 5 miles outside the DISTRICT's territorial boundaries The
CITY agrees to use its best efforts to provide a meeting facility for the DISTRICT's governing body
meetings if necessary.
Q) CITY agrees to provide written notice to DISTRICT within five (5) days of any claim
that has been submitted to CITY resulting from damage to property or a serious injury or fatality
to a person directly related to Emergency Services provided by CITY. The notice shall provide a
copy of the claim to the District.
(k) Parties will make good faith efforts to issue joint statements for matters related to
the Emergency Services provided in the DISTRICT or the Agreement made the basis of services.
(I) The DISTRICT agrees to disannex land from its territory that becomes
incorporated into the CITY limits, pursuant to Texas Health and Safety Code 775.022.
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(m) The DISTRICT will provide CITY with a separate public notice of any and all Public
Hearings or other statutory requirements associated with its efforts to adopt a tax rate each year.
VI.
DISPATCH COOPERATION
DISTRICT and CITY agree to cooperate in presenting any required documentation to the
CITY's dispatching providers and any applicable emergency 9-1-1 service networks.
VII.
AUTOMATIC AMENDMENT
This Agreement shall be amended to conform to any laws that are made applicable to
CITY or DISTRICT. Should any of the provisions of this Agreement be in conflict, said provisions
of this Agreement shall be amended to conform to state law.
parties.
VIII.
AMENDMENT BY MUTUAL AGREEMENT
This Agreement may be amended only by the mutual signed and written agreement of the
IX.
ASSIGNABILITY
This Agreement shall not be assigned by CITY or DISTRICT.
X.
MISCELLANEOUS
If any term or provision of this Agreement shall be held invalid or unenforceable, then the
remainder of the Agreement, other than the invalid unenforceable part, shall not be affected
thereby and each other term and provision of this Agreement shall be valid and be enforced to
the fullest extent permitted by law.
This Agreement is entered into for the sole benefit of the Parties signing this Agreement,
and neither this Agreement not any provision hereof shall be construed or interpreted to provide
any benefits to a third -party.
This Agreement embodies the whole agreement of the parties and supersedes all previous
communications, representations or agreements between the parties with respect to the matters
contained herein.
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Xl.
NOTICES
All notices hereunder shall be in writing and . delivered or sent Certified Mail, Return
Receipt Requested to the parties at their addresses below.
CITY:
DISTRICT:
Darrin Coker, City Attorney
City of Pearland
3519 Liberty Drive
Pearland, T5 77581
Paul A. Philbin & Assoc., P.0
Attn: Dax Philbin
6363 Woodway, Suite 725
Houston, Texas 77057
XII.
VENUE AND. CONTROLLING LAW
The validity, interpretation, and performance of this Contract shall be govemed by the laws
of the State of Texas. This Agreement is performable in Brazoria County, Texas, and the sole and
exclusive venue for any action arising out of the Agreement shall be in Brazoria County, Texas.
This Agreement is dated the day of , 2019, effective January
1, 2019.
ATTESTED:
BRAZORIA COUNTY EMERGENCY
f ::vIc
RICT NO.5
By:
Print Nam P4 1t 1.tt3y Prtn
Title: Si c d Lf-..' ... Title:
ATTESTED:
CITY OF PEARLAND, TEXAS
By: By:
Print Name: Print Name:
Title: Title: Mayor
XI.
NOTICES
All notices hereunder shall be in writing and delivered or sent Certified Mail, Return
Receipt Requested to the parties at their addresses below.
CITY:
DISTRICT:
Darrin Coker, City Attorney
City of Pearland
3519 Liberty Drive
Pearland, T5 77581
Paul A. Philbin & Assoc., P.0
Attn: Dax Philbin
6363 Woodway, Suite 725
Houston, Texas 77057
XII.
VENUE AND CONTROLLING LAW
The validity, interpretation, and performance of this Contract shall be governed by the laws
of the State of Texas. This Agreement is performable in Brazoria County, Texas, and the sole and
exclusive venue for any action arising out of the Agreement shall be in Brazoria County, Texas.
This Agreement is dated the 02.#- day of
1, 2019.
ATTESTED:
ciic-i
By: By:
Print Name , P411 t 12f31 Prin ' m L
Title: S•tt t -c r,'L1 Title: PS ickfrit
ATTESTED:
BylkALPe
, 2019, effective January
BRAZORIA COUNTY EMERGENCY
SERVICES ' RICT NO. 5
CITY OF PEARLAND, TEXAS
By: �' 7 / EA-JQ
Print Name: klar;a `L. Rooa_ici K 2- Print Name: -7-6/32
Title:
Title: Mayor
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METES AND BOUNDS OF
BRAZORIACOUNTY EMERGENCY
SERVICES DISTRICT No. 5
Beginning at a point located at the centerline of the intersection o f Broadway Street and
Sunrise Blvd (CR 666), approximately 110 feet from the western bend of the Corporate Limits of
Pearland at the southern rnw-of-way of Broadway Street, and the western right-of-way of Sunrise
Boulevard (CR 666), for a northeastern corner of the tract herein described;
THENCE S 2-38-37E 1332.3 feet with the Corporate Limits of Pearland (CLP); then N 86-53-
47 E 602.6 feet, being approximately 150 feet north of the centerline of Woodbine Place; then S 3-
15-5 E 1136.8 feet to the southern right-of-way of Fite Road; then N 87-0-10 E 2058.1 feet along the
extension ofthe southern right-of-way of Fite Road to an inner -corner of CLP; then S 3-12-22 E
2738.4 feet; then S 87-3-9 W 216.9 feet to an inner corner of CLP; then S 3-12-54 E 36.1 feet, then S
8-3-52 W 228.1 feet along a curve consisting of Delta 22-14-36, Radius 591.088, Tangent 116.198,
Arc Length 229.47, Side R; then S 22-38-12 W 48.1 feet; then S 17-31-24 W 257.2 feet; then S 17-
19-18 W 19.2 feet; then S 3-26-49 E 528.8 feet along a curve consisting of Delta 39-36-29, Radius
780,476, Tangent 281,051, Arc Length 539.536, Side L; then S 22-7-10 E 19.7 feet; then S 31-43-20
W 29,9 feet along a curve consisting of Delta 70-10-22, Radius 26.014, Tangent18.274, Arc Length
31,86, Side R; then S 23-6-56 E 99.5 feet; then S 71-32-54 5 32.1 feet along a curve consisting of
Delta 76-50-53, Radius 25.772, Tangent 20.444, Arc Length 34.567, Side R; than S 25-33-58 E 158.1
feet along a curve consisting of Delta 9-42-37, Radius 934.119, Tangent 79.146, Are Length 158.312,
Side R;
THENCE N 67-14-30 E 332.102 feet along the northern boundary ofthe Morgan Road Park,
then S 23-1-19 E 399.8 feet, then S 5-52-28 E 90.3 feet; then S 26-56-45 W 137.4 feet; N 60-5-13 W
39.2 feet; then N 71-20-42 W 131.3 feet along a slight curve consisting of Delta 17-2-40, Radius
443.321, Tangent 66.43, .Arc Length 131.879, Side L; then N 80-13-20 W 102.2 feet; then N 38-37-
56 W 36.8 feet along a curve consisting of Delta 100-51-19, Radius 23.921, Tangent 28.944, Arc
Length 42.108, Side R; then N 0-41-1 E 44,4 feet along a curve consisting of Delta 2-31-34, Radius
1009.202, Tangent 22.252, Arc Length 44.497, Side L; then S 86-44-22 W 76.1 feet across Morgan
Road; then continuing along the Corporate Limits of Pearland (CLP), S 13-27-49 W 331.2 feet along
a curve consisting of Delta 26-46-42, Radius 715.197, Tangent 170.24, Arc Length 334.26, Side R;
then S 27-3-52 W 477.2 feet; then S 62-51-13 E 213.0.5 feet to an inner corner of the Corporate
Limits of Pearland (CLP);
THENCE S 1-40 50 5 352.1 feet, to the south border of the Brazoria County MUD District #f3
drainage ditch also a southeastern corner of this Emergency Service District No. 5, then S 87-18-12
MCHARD RD I FM 2234
'Futuee Fire
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REEK PKWY FM 12234�
=HUGHES•
Fire
Station 4
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FITE RD
MAGNOLIA RD
W 1313.7 feet along the drainage ditch; then S 0-49-36 8 22,1 feet; then S 86-56.50 W 889.5 feet;
then S 2-56-14 E 1258.7 feet then S 87-52-59.W 2737.5 feet along CR 100 to an intersection with
CR 90 for a southwestern corner; then N 3-7-46 W 4322.4 feet then S 86-43-56 W 2639,4 feet to
the intersection of CR 922 and CR 59 for a southern corner;
THENCE along the borders of the Brazoria County MUD #6 and Brazoria County MUD #2, N
3-15-35 W 206.4 feet; then N 52-22-43 W 1506.4 feet; then N 28-7-3 E 349.2 feet then N 20-39-6
W 443.4 feet along a curve consisting of Delta 93-32-56, Radius 304.309, Tangent 323.766, Arc
Length 496.856, Side R; then continuing along the MUD #2 and MUD #6 herders N 27-38-4 8 633.3
feet; then N 75-42-13 E 445.8 feet along a curve consisting of Delta 94-52-51, Radius 302.632,
Tangent 329.576, Arc Length 501.154, Side R; then N 29-21-35 E 431.1 feet along Waterbury
Estates Drive to the intersection with Southwyck Parkway; then along the north right-of-way of
Southwyck Parkway S 73-38-18 E 803.3 feet along a curve consisting of Delta 36-52-32, Radius
1269.964, Tangent 423.392, Arc Length 817.35, Side L; then along Southwyck Parkway N 86-48-55
E 315.7 feet; then N 84-39-0 3 254.3 feet; N 84-39-0 E 1386.2 feet to the intersection with CR 90
following the Brazoria County MUD #2 border; then N 2-50-42 W 2715.7 feet, continuing along the
CR 90 western right-of-way to an intersection with Broadway Boulevard; then following Broadway
Boulevard N 68-7-29 E 117.9 feet; then N 54-45-12 E 454.2 feet along a curve consisting of Delta
14-34-30, Radius 1790.295, Tangent 228.946, Arc Length 455.419, Side L; then N 56-34-17 E 619.7
feet along a curve consisting of Delta 17-52-11, Radius 1995,014, Tangent 313.656, Arc Length.
622.219, Side R to the point of beginning described herein this document.
All measurements, including references to curve metrics Radius, Tangent, Arc Length
consist of the measured values in feet. All directional measurements including Delta consist of
degrees — minute — seconds, and should be used in reference to the initial bearing directions.
PAUL A. PHILBIN & ASSOC., P.C.
PAUL A. PHILBIN
DAX W. PHILBIN
Attorneys at Law
6363 Woodway • Ste. 725 • Houston, Texas 77057-1792
(713) 783-4120 • FAX (713) 783-8812
May 14, 2019
Mr. Darrin M. Coker
City Attorney, City of Pearland
3519 Liberty Drive
Pearland, Texas 77581-5416
Dear Darrin:
Please see enclosed the Original Signature page for the ESD5 Agreement.
Thank you,
Jean Minkler
Legal Assistant