R2019-279 2019-11-11 RESOLUTION NO. R2019-279
A Resolution of the City Council of the City of Pearland,Texas,authorizing the
City Manager or his designee to enter into a Termination of Fire
Protection/EMS Agreement(Brazoria County Municipal Utility Districts Nos.21
and 22).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Termination of Fire Protection/EMS Agreement, 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 a Termination of Fire Protection/EMS Agreement.
PASSED, APPROVED and ADOPTED this the 11th day of November, A.D., 2019.
TOM REID
MAYOR
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ATTEST: p�iti��%%%% `
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MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TERMINATION OF FIRE PROTECTION/EMS AGREEMENT
This Termination of Fire Protection/EMS Agreement ("Termination") is entered
into as of M w htt ii ,2019,between the City of Pearland,Texas (the"City"),a
home-rule City; Brazoria County Municipal Utility District No. 21 ("MUD 21), a
conservation and reclamation district created and operating pursuant to Article XVI,
Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code; and
Brazoria County Municipal Utility District No. 22 ("MUD 22"), a conservation and
reclamation district created and operating pursuant to Article XVI,Section 59 of the Texas
Constitution and Chapters 49 and 54, Texas Water Code (both MUD 21 and MUD 22
referred to herein collectively as the"Districts").
RECITALS
WHEREAS, the parties hereto entered into that certain Fire Protection/EMS
Agreement, dated September 19, 2002 (the "Agreement"), for the provision by the City
and the Pearland Volunteer Fire Department("PVFD")of certain fire protection and EMS
services within the Districts, under the terms specified in the Agreement; and
WHEREAS,the PVFD was listed as a party to the Agreement but never signed the
Agreement, and has since ceased to exist and has been succeeded by the City's Fire
Department;and
WHEREAS,pursuant to the Agreement,the City has provided fire protection and
EMS services to the Districts and the Districts have made certain payments to the City for
such services;and
WHEREAS,pursuant to the Agreement, MUD 21, on behalf of itself and MUD 22,
constructed,owns,and maintains a fire station located at 1511 County Road 58,Rosharon,
Texas 77583 ("Fire Station No. 6"),which has been available for the use of the PVFD and
the Pearland Fire Department; and
WHEREAS,pursuant to the Agreement,the City currently has located certain City
property and equipment at Fire Station No. 6 (the"City Property");and
WHEREAS, the City and the Districts acknowledge there has been an ongoing
disagreement regarding the methodology for calculating the monthly charges paid by the
Districts for fire protection and EMS services under the Agreement; and
WHEREAS, the City and the Districts have agreed it is in their respective best
interests to terminate the Agreement to allow for the Districts to receive fire protection
and EMS services from another provider, Brazoria County Emergency Services District
No. 3 ("ESD 3"); and
WHEREAS, the City and the Districts seek to terminate the Agreement under
mutually agreeable terms, in order to ensure for a smooth and orderly transition of fire
protection and EMS services within the Districts,to provide for the disposition of the City
Property located at Fire Station No. 6, and to provide for other terms of the Termination
as described herein;
NOW, THEREFORE, for and in consideration of the mutual benefits of this
Termination,the parties hereto hereby agree as follows:
AGREEMENT
Section 1. The recitals in this Termination are declared to be true and correct.
Section 2. The Agreement will terminate at 11:59 p.m., on December 31, 2019
(the "Termination Date"). After such time, the City and the Districts are relieved of any
obligations or duties under the Agreement;provided,however,that the provisions of this
Termination shall survive the termination of the Agreement and remain in full force and
effect (1) until the Districts are dissolved by reason of annexation of the property in the
Districts by the City, or (2) by mutual agreement by the City and the Districts. The City
hereby agrees to continue to provide fire protection and EMS services to the Districts
under the terms of the Agreement until the termination of the Agreement as provided in
this Section 2, and the Districts agree that they shall pay to the City the monthly charges
for such services until the termination of the Agreement as provided in this Section 2.
The City and District disagree on whether the current amount paid by the Districts for
the monthly charges($16.73 per month per each residential equivalent)reflects the actual
costs incurred by the City in fulfilling its obligations under the Agreement. To bring
clarity to the terms of this Termination, payments to the City for services through the
Termination Date shall be calculated by using the amount of$16.73 per month based on
the most current quarterly inventory of residential equivalents. All payments for services
under the Agreement shall be received by the City on or before the Termination Date.
The City and Districts agree that fulfillment of the terms of this Termination of Fire
Protection/ EMS Agreement will release,acquit,and discharge the other parties,together
with their directors, officers, employees, agents, attorneys and representatives from and
against any and all claims, demands, liabilities, or causes of action, of any nature
whatsoever, at law or in equity, relating to or arising out of the terminated Agreement.
Section 3. The City and the Districts agree that MUD 21,on behalf of itself and
MUD 22,owns Fire Station No. 6 and the land upon which it is located,and that the City
shall not retain any ownership or other property interest in Fire Station No. 6 or the land
upon which it is located upon the termination of the Agreement. The Districts agree that
MUD 21 will continue to own Fire Station No.6,on behalf of itself and MUD 22,and that
the Districts will not convey ownership of Fire Station No.6 to any other entity other than
MUD 21 and/or MUD 22. The City agrees that the Districts may enter into a lease or
other arrangement with ESD 3 or another fire protection and EMS services provider for
Fire Station No. 6, to facilitate the provision of fire protection and EMS services to the
Districts. In order to allow sufficient time for ESD 3 to prepare to begin providing fire
protection and EMS services to the Districts, the City hereby agrees to remove all City
Property from Fire Station No. 6 by no later than 11:59 p.m., on November 30,2019. Any
City Property not removed by such time shall become property of MUD 21 and shall be
disposed of in MUD 21's sole discretion without compensation to the City. After removal
of the City Property from Fire Station No. 6, the City shall continue to provide fire
protection and EMS services to the Districts from its other facilities until the termination
of the Agreement,as provided in Section 2 herein. As owners of the building,the Districts
shall remove any signage or other designations of the facility being associated with the
City of Pearland and/or its Fire Department.
Section 4. The City and the Districts acknowledge that the Districts have or will
enter into an agreement with ESD 3 for the provision of fire protection and EMS services
within the Districts, beginning on January 1, 2020. The Districts agree that the Districts
will not seek to have property within the boundaries of the Districts annexed into ESD 3
or any other emergency services district(s), and in the event that the Districts desire in
the future to change fire protection and EMS providers, the Districts will seek to obtain
such services through an agreement and will not seek to have property within the
boundaries of the Districts annexed into any other emergency services district(s).
Section 5. The City and the Districts understand and acknowledge that
continuous fire protection and EMS services to the Districts are necessary to ensure the
health and safety of the residents of and property within the Districts. To that end, the
City and the Districts agree to cooperate fully with ESD 3 for the orderly transition of fire
protection and EMS services from the City to ESD 3. The City and Districts further
acknowledge that the City's response to requests for mutual aid,in the area comprised of
the Districts,will be in accordance with City policy and in the same manner as any other
request for mutual aid in portions of Brazoria County or Fort Bend County that are
located outside the City's incorporated limits.
[EXECUTION PAGES FOLLOW]
AGREED TO AND ACCEPTED AS OF THE DATE AND YEAR FIRST WRITTEN
ABOVE,TO BE EFFECTIVE AS OF THE DATE SPECIFIED HEREIN.
• BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 21
By:
President, Board of Directors
ATTEST:
By:
Secretary, Board of Directors
(SEAL)
BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 22
By:
President, Board of Directors
ATTEST:
By:
Secretary, Board of Directors
(SEAL)
CITY OF PEARLAND,TEXAS
By:
0,1.111,,„ Mayor, City of Pearland
ATTEST: F 4
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City Secretary, City of Pearla I d
APPROVED AS TO FORM
City Attorney, City of Pearland