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HomeMy WebLinkAboutR2024-262 2024-12-16RESOLUTION NO. R2024-262 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter a Memorandum of Understanding (“MOU”) with Brazoria County Municipal Utility District No. 16 (“District”) related to the designation of certain District Funds following dissolution of the District. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain MOU by and between the City of Pearland and the 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 MOU with the District. PASSED, APPROVED and ADOPTED this the 16th day of December, A.D., 2024. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 7B85BB47-D831-418E-919D-B6F56C0E5FB6 ( 1 ) MEMORANDUM OF UNDERSTANDING ANNEXATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRCT No. 16 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA § THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into by and between the City of Pearland, a political subdivision of the state of Texas, hereinafter referred to as “City” and Brazoria County Municipal Utility District No. 16, hereinafter referred to as “District.” WHEREAS, pursuant to Chapter 43, Tex. Local Govt. Code (“Code”), and a Strategic Partnership Agreement between the City and District, the City and District have agreed to the annexation of approximately 285.76 acres (the “Property”), generally located west of the Max Road and north of FM 518, into the incorporated limits of the City; and WHEREAS, pursuant to the Code, within ninety (90) days following the annexation of the District, the City shall take over all the property and other assets of the district; assume all the debts, liabilities, and obligations of the district; and shall perform all the functions of the district, including the provision of services (“Transition Period”); and WHEREAS, the Parties recognize that the District may continue to perform the essential functions of the District through the budgeted maintenance and operations of the District during the Transition Period; and District acknowledges no additional capital outlay, beyond budgeted capital expenditures, will occur during the Transition Period; and WHEREAS, City recognizes the previous financial contributions of the District’s residents toward the operation and maintenance of the District and desires to designate the use of certain District funds toward future capital improvements and/or maintenance expenditures that will benefit and serve the residents of the District; and NOW THEREFORE, the parties agree as follows: I. DESIGNATION OF FUNDS 1. Upon execution of this MOU, City agrees to designate the balance of funds available from District-collected property tax revenue, investment income, and cash on hand (hereinafter referred to as Funds), in the estimated amount of $1,500,000, for capital improvements and/or maintenance of infrastructure benefitting the District’s residents. 2. City may choose to allocate the Funds to Avalon Terrace Community Association and/or Brazoria County Lakeside Estates HOA for the above stated purposes. Docusign Envelope ID: 5A1A0D9B-497B-4703-A69D-6012DC4A7D38 ( 2 ) II. MISCELLANEOUS PROVISIONS 1. The parties agree that by entering into the MOU, neither the City nor the District is waiving any governmental immunity it otherwise enjoys. 2. The Parties agree that no provision of this MOU extends the liability of either Party beyond the liability provided in the Texas Constitution and the laws of the State of Texas. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on this ____ day of _____, 2024 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT No.16 By: ____________________________________ President, Board of Directors CITY OF PEARLAND By: ____________________________________ Trent Epperson, City Manager Docusign Envelope ID: 5A1A0D9B-497B-4703-A69D-6012DC4A7D38 MEMORANDUM OF UNDERSTANDING ANNEXATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT No. 16 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA § THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the City of Pearland, a political subdivision of the state of Texas, hereinafter referred to as "City" and Brazoria County Municipal Utility District No. 16, hereinafter referred to as "District." WHEREAS, pursuant to Chapter 43, Tex. Local Govt. Code ("Code"), and a Strategic Partnership Agreement between the City and District, the City and District have agreed to the annexation of approximately 285.76 acres (the "Property"), generally located west of the Max Road and north of FM 518, into the incorporated limits of the City; and WHEREAS, pursuant to the Code, within ninety (90) days following the annexation of the District, the City shall take over all the property and other assets of the district; assume all the debts, liabilities, and obligations of the district; and shall perform all the functions of the district, including the provision of services ("Transition Period"); and WHEREAS, the Parties recognize that the District may continue to perform the essential functions of the District through the budgeted maintenance and operations of the District during the Transition Period; and District acknowledges no additional capital outlay, beyond budgeted capital expenditures, will occur during the Transition Period; and WHEREAS, City recognizes the previous financial contributions of the District's residents toward the operation and maintenance of the District and desires to designate the use of certain District funds toward future amenities that will benefit and serve the residents of the District; and NOW THEREFORE, the parties agree as follows: I. DESIGNATION OF FUNDS 1. Upon execution of this MOU, City agrees to designate the balance of funds available from District -collected property tax revenue, investment income, and cash on hand (hereinafter referred to as Funds), in the estimated amount of $1,500,000, for capital improvements and/or maintenance of infrastructure benefitting the District's residents. 2. City may choose to allocate the Funds to Avalon Terrace Community Association and/or Brazoria County Lakeside Estates HOA for the above stated purposes. (1) II. MISCELLANEOUS PROVISIONS 1. The parties agree that by entering into the MOU, neither the City nor the District is waiving any governmental immunity it otherwise enjoys. 2. The Parties agree that no provision of this MOU extends the liability of either Party beyond the liability provided in the Texas Constitution and the laws of the State of Texas. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on this day of , 2024 BRAZORIA COUNTY MUNICIPAL CITY OF PEARLAND UTILITY DISTRICT No.16 By: L. President, Boa G Q f 11 rectors Trent Epperson, City Manager By: (2)