R2009-172 - 2009-10-26 Tabled Tabled
October 26, 2009
RESOLUTION NO. R2009-172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE
PEARLAND INDEPENDENT SCHOOL DISTRICT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Memorandum of Understanding by and between the City
of Pearland and the Pearland Independent school District, 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 Memorandum of Understanding with the Pearland
Independent School District.
PASSED,APPROVED and ADOPTED this the day of
A.D., 2009.
TOM REID
MAYOR
ATTEST:
YOUNG LORFING, TRMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2009-172
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF PEARLAND AND
. PEARLAND INDEPENDENT SCHOOL DISTRICT
This Memorandum of Understanding ("MOU") is dated and effective as of the
day last signed by the parties hereto, CITY OF PEARLAND, TEXAS, acting by and
through its City Manager, ("City") and the PEARLAND INDEPENDENT SCHOOL
DISTRICT,acting by and through its Superintendent, ("District").
RECITALS
WHEREAS, City and District understand the importance of having a rational
procedure for developing property in the City and its ETJ; and
WHEREAS, City and District share different views with respect to certain
development requirements contained in the City's Unified Development Code ("UDC");
and
WHEREAS, City and District desire to enter into this Memorandum of
Understanding to clarify the rights and obligations of the parties as they apply to the
development issues contained herein.
NOW THEREFORE,City and District, agree as follows:
1) The District, on or before and in accordance with the City's
UDC, agrees to plat all of the District Campuses and Facilities identified on
Exhibit"A"attached hereto. In addition to the forgoing, the District agrees to plat
property on which any existing District Facility or Campus exist if the Facility or
Campus expands by more than fifteen percent(15%) of the total square footage of
the Facility or Campus; however under no circumstance shall the original foot
print of the Facility or Campus expand by more than fifty percent (50%) without
the District platting the affected property. For purposes of this section, existing
Facility or Campus is defined as a Facility or Campus constructed by the District
prior to the City's initial adoption of the UDC on February 27, 2006.
2) The City acknowledges that the District does not believe it is bound by the zoning
ordinances of the City, but the City, in its sole discretion, reserves its right to
enforce any applicable provisions of the UDC that do not conflict with this
Memorandum of Understanding.
3) The District agrees to convey, to the City, future right-of-way or easements for
utilities, drainage or roadways by separate instrument and free of charge. The City
agrees to use its best effort to minimize the amount of right-of-way or easement
area required from the District pursuant to this section.
CITY OF PEARLAND, TEXAS PEARLAND INDEPENDENT SCHOOL
DISTRICT
By: By:
Bill Eisen, City manager
Date: Date:
ATTEST: ATTEST:
Young Lorfmg,TRMC
City Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
Darrin Coker
City Attorney
2