R2019-067 2019-02-25RESOLUTION NO. R2019-67
A Resolution of the City Council of the City of Pearland, Texas, authorizing
Amendment No. 5 to the Joint Facility Water Contract between the City,
Brazoria County Municipal District No. 2, Brazoria County Municipal Utility
District No. 3 and Brazoria County Municipal Utility District No. 6.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Amendment No. 5 to the Joint Facility Water Contract between
the City, Brazoria County Municipal District No. 2, Brazoria County Municipal Utility District No. 3 and
Brazoria County Municipal Utility District No. 6, 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 said Amendment No. 5 to the Joint Facility Water Contract between the
City, Brazoria County Municipal District No. 2, Brazoria County Municipal Utility District No. 3 and
Brazoria County Municipal Utility District No. 6.
PASSED, APPROVED and ADOPTED this the 251h day of February, A.D., 2019.
ATTEST:
NG I j MC
Y S ETAR
APPROVED AS TO FORM:
LAWRENCE PROVINS
DEPUTY CITY ATTORNEY
TOM REID
MAYOR
y
FIFTH AMENDMENT TO RESTATED
JOINT WATER FACILITIES CONTRACT
BY AND AMONG
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO.3
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
AND
THE CITY OF PEARLAND, TEXAS
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This Fifth Amendment to Restated Joint Water Facilities Contract (the "Fifth
Amendment") is entered into to be effective the I" day of January, 2019, by and among the
CITY OF PEARLAND, TEXAS (formerly Brazoria County Municipal Utility District No. 1
("BCI"); BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 ("BC2"), a body
politic and governmental agency of the State of Texas; BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 3 (`BC 3"), a body politic and governmental agency of the State of
Texas; and BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 ("BC 6"), a body
politic and governmental agency of the State of Texas (BCI, BC2, BC3 and BC6 herein
collectively referred to as the "Parties").
WITNESSETH
Recitals
The Parties have previously entered into that certain Restated Joint Water Facilities
Contract, dated September 1, 1999, (the "Original Contract'), as amended by that certain First
Amendment dated December 3, 2001 (the "First Amendment"), that certain Second Amendment
dated August 1, 2004 (the "Second Amendment"), that certain Third Amendment dated May 25,
2006 (the "Third Amendment"), and that certain Fourth Amendment dated March 2, 2017 (the
"Fourth Amendment," and together with the Original Contract, First Amendment, Second
Amendment and Third Amendment, are collectively referred to herein as the "Contract").
Subsequent to the Third Amendment, the City of Pearland annexed BCI and assumed its rights
and obligations under the Contract.
Also, subsequent to the Third Amendment, the Water Plant Engineers, Jones & Carter,
Inc., submitted a request to the Texas Commission on Environmental Quality ("TCEQ") to
obtain an exemption to the TCEQ's elevated storage tank requirements for the public water
supply system greater than 2,500 connections. This request sought alternative capacity
requirements which were approved. As a result, the then existing Capacity of 7,200 Connections
was raised to the current maximum number of connections which is 7,950 Connections.
The Parties to the Contract now wish to amend the Contract to initiate new billing
procedures as recommended by the bookkeeper for the Water Plants.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, obligations and benefits
herein set forth and set forth in the Contract, the Parties contract and agree as follows:
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. Capitalized terms in this Fifth Amendment shall have the
definitions set forth in the Contract.
ARTICLE II
AMENDMENT TO CONTRACT
Section 2.01. Revision to Billing and Payment. The last paragraph of Section 5.04 of
the Contract is hereby amended in its entirety and replaced with the following:
BC2 shall render bills to the Parties, to their designated representatives, each month for
such Parties' share of Operation and Maintenance Expenses for Water services provided during
the preceding calendar month, together with any amounts billed pursuant to Section 5.08 or
Section 6.03 below, and such bills shall be due and payable thirty (30) days after such bill is
deposited into the United States mail properly stamped and addressed. The amount of the
monthly bill will be a flat fee computed as one twelfth (1;12) of each of the Parties' pro rata
share of the prior year's actual Operation and Maintenance Expenses, as reflected in the budget
PA
for the Water Plants for the prior year. A true up adjustment of all actual costs compared to
actual payments by the Parties will be made in August and March of each year, and adjustments
will be billed or refunded to the Parties, as appropriate, within thirty (30) days of said true up
adjustment. All extraordinary repairs and capital improvement costs will be billed pursuant to
Section 5.08 of the Contract. Copies of all invoices and other documentation in support of the
Operation and Maintenance Expenses shall be provided to each Party in the applicable monthly
bill. Each district shall make payment to the SRF Water established pursuant to this Contract.
ARTICLE III
MISCELLANEOUS
Section 3.01. Tenn. This Fifth Amendment shall continue in force and effect for the
same period as the Contract.
Section 3.02. Severability. The provisions of this Fifth Amendment are severable,
and if any provision or part of this Fifth Amendment or the application thereof to any person or
circumstances shall ever be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of this Fifth Amendment and the application of
such provision or part of this Fifth Amendment to other persons or circumstances shall not be
affected thereby.
Section 3.03. Contract in Effect; Fifth Amendment Controls. All terms and provisions of
the Contract, except as amended hereby, shall remain in full force and effect. In the event that
any provision of this Fifth Amendment conflicts with the Contract, the provisions of this Fifth
Amendment shall control.
Section 3.04. Merge . The Contract and this Fifth Amendment embody the entire
agreement among the Parties relative to the subject matter hereof and thereof.
IN WITNESS WHEREOF, the Parties hereto have executed this Fifth Amendment to
Restated Joint Water Facilities Contract in multiple counterparts, each of which shall be deemed
to be an original, as of the date first above written.
(REMAINDER OF PAGE LEFT BLANK INTENTIONALLY)
3
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 2
By/
Vice President, Board of Directors
r
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this day of be c?+ 1 tom, 2018,
by BERNIE SCARRY, Vice President of BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 2, on behalf of said political subdivision.
..� ALEXIS WALKER
124832315
* � NOTARY Pl18liC, STATE OF TEXAS
MY COMMISSION EXPIRES
°f FEB. 23, 2020
4
NOTARY PUBLIC - Texas
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 3
By: 1�
P- t, d of Directors
secrei-n
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this L"f-` day of j) cc t 6-ej , 20l 8,
J EF�cFRy MooRE eetrefW —L'
-
by , P- "Went �f BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT
NO. 3, on behalf of said political subdivision.
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PrP ALEXIS WALKER {Jl?
124632315
STAT
n NOTARY PUBiIC, STATE OF TEXAS
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Of r My COMMISSION EXPIRES
FEB. 23, 2020
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NOTARY PUBLIC - Texas
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 6
By:41i & a: (—,'
resident, oard of Directors
THE STATE OF TEXAS
COUNTY OF farriy
This instrument Jwas acknowledged before me on this day of Mar& , 2017,
by � S 1OV I HMSOh , President of BRAZORIA COUNTY MUNICIPAL UTILITY
DISTRICT NO. 6, on behalf of said political subdivision.
JENNY LYNN JOHNSON
Notary Public, state of Texas
ra: My Commission Expires
'��OQ
August 18, 2017
NOTtPJUFTexas
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on
CITY OF PEARLAND
By: I"
d�
Name: 7—v/77 -/ 1
Title: IW4 zO le
THE STATE OF TEXAS
COUNTY OF BRAZORIA
Exhibit "A"
This instrument was acknowledged before me on this $ day ofSe-o��'
2019, by 7Gn-7R� 6 (w e� of
the CITY OF PEARLAND, on behalf of said political subdivisi
NO Y P LIC - Texas
�„ CRYSTAL NEROW+''nNotary
Public. SxNMy Commissit
January 29NOTARY ID 1
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