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R2002-0103 07-24-02RESOLUTION NO. R2002-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A SALES AND USE TAX AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2'1. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Sales and Use Tax Agreement by and between the City of Pearland and Brazoria County Municipal Utility District No. 21, 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 Sales and Use Tax Agreement with Brazoria County Municipal Utility District No. 21. PASSED, APPROVED and ADOPTED this the 24 dayof ,]une A.D., 2002. MAYOR ATTEST: Y00~-G Lo/~FI~G ~ C~)~ SECTARY APPROVED AS TO FORM: D/~RRIN M. COKER CITY ATTORNEY Exhibit "A" R2002-103 SALES AND USE TAX AGREEMENT THE STATE OF TEXAS § COUNTY OF BRAZORIA § This SALES AND USE TAX AGREEMENT (this "Agreement") is made and entered into effective as of du] y ! ,2002, by and between the CITY OF PEARLAND, TEXAS, a municipal corporation and home-rule city of the State of Texas (the "City"), and BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 21, a conservation and reclamation district created pursuant to Article XIV, Section 59, Texas Constitution and operating pursuant to Chapters 49 and 54, Texas Water Code (the "District"). RECITALS 1. The City and the District have preciously entered into that certain Strategic Partnership Agreement, dated as of du 1 y 1 ,2002 (the "Strategic Partnership Agreement"), providing for, inter alia, the imposition of the City's sales and use taxes within the District, contingent upon the City being an eligible municipality in accordance with the terms of Subsection (n) of the Act. 2. The 2000 Federal Census has determined that Brazoria County has a population in excess of 200,000, and that Harris County has a population in excess of 2.8 million. As a result, the City has found that it is a municipality in a county with a population of more than 200,000, bordering on the Gulf of Mexico, and adjacent to a county with a population of more than 2.8 million, and is therefore an eligible municipality under Subsection (n) of the Act. 3. The City provided notice to the District, and together they held two public hearings in accordance with Article 7 of the Strategic Partnership Agreement. NOW, THEREFORE, the City and the District hereby agree as follows: Section 1. Capitalized terms used herein shall have the same meanings as provided in the Strategic Partnership Agreement, unless otherwise defined herein. Section 2. Effective upon the date first written above, the City is hereby authorized to impose, levy and collect its Sales and Use Taxes within the District. Section 3. The parties agree to take all reasonably necessary steps to give effect to the terms of this Agreement. IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement effective as of the date first written above. 850320 1.DOC 1 ATTEST: CITY OF PEARLAND, Mayor BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 21 ATTEST: ' Prcsid~-'4Board of"Dir~ - By: __ Secretary 850320 1.DOC 2 rE111 a Lirt1.11 11 11 LP u_.11 %... r1 t4 +L.9 I N The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria. and Harris Counties • I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: N o. / Date ./.- N o. Date . 20 N o. Date • ,20 N o. Date 20 No. Date 20 Subscribe and sworn to before me this / 2001 YYq, .Y , °; ; .... LAURA A. EMMONNS 6,`� Notary Pubfic , Bute o7 i e:xaS Co;mmiaslon Expires 9_9-O2 gen intir)--, President day of aura Ann Emmons, Publisher Notary Public, State of Texas Public Hearing - MUD Nos. 21 and 22 Published May15, 2002 NOTICE OF PUBLIC HEARING OF THE CITY OF PEARLAND Notice is hereby given that. on the 3rd day of June,;< 2002, at 6:30 p.m. the City Council of the City of Pearland,Brazona, ;Fort Bend and Harris Counties, Texas, will conduct a Public Hearing in the ' Council' Chambers, City Hail, 3519 Liberty Drive, Pearland, Texas, to gather public coin• ment and testimony regard ing theadoptionof. a Sales and Use Tax Agreement between the City and • Brazoria County. Municipal Utilty District Nos 21 and 22 At said hear ng all;interested parties shall have ahe right and opportunity; to appear.` and beheard on.the subject. 1 /s/Young Lorfing 1 City Secretary ' This site is accessible to,dis, abled individuals. For spe• cial assistance, . please call Young Lorfing at 281.652.16551 prior, to the meeting so that appropriate arrangements can be made. NOTICE..OF PUBLIC HEARING OF.THE CITY'OF'PEARLAND Notice is hereby given that:` • on 'the 3rd day of June;. :2002 at 6;30 p.m. the City Council of ahe City ..of. Pearland, Brazona,.. Fort Bend, and Harris Counties, Texas, will conduct a.Public Hearing in the .:Council. Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, to gather public corn- ment and testimony regard- ing the adoptionof a. Strategic Partnership Agree ment between the City and Brazoria County Municipal','' Utility District .Nos. 21 and 22... At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject /s/ Young Lorfing City Secretary Th s site is accessible to dis abled individuals For ape cial.:assistance please call f • Young Lorfing at 281.652:1655 prior to the meeting so that appropriate arrangements can be made. FIFIDAVIFF F P U L U CAT II N The Pearland Reporter News 2404 South Park Pearland, Texas 77581 • State of. Texas Brazoria'and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: N a l Date S-ZZ 20 DZ. N o. Date 20 N o. Date 20 N o. Date 20 No. Date 20 Subscribe and sworn to before me this 20Da "'0%- • '' LAURA A A. 3 `(t • t- Ew;i.�oi�S •A J Notary Public, State of i o at -is Commission E nNtl GJ 9^ JO-07 '*;tt0o • 143 gen trierv)--, President day o aura Ann Emmons, Publisher Notary Public, State of Texas Public Hearing - Adoption of a Sales and Use Tax Agreement between City and Brozona MUD Nos. 21 and 22 >y Published May 22,;2002 NOTICE OF PUBLIC HEARING OF THE CITY OF PEARLAND Notice is hereby given that: on the 10th day of June, 2002, at 6:30 p.m. the City Councilof the City of Pearland, Brazoria, -Fort Bend, and Harris Counties,,. Texas will conduct a Public' Hearing m the' Council Chambers` City HaII, 3519 Liberty 'Drive, Pearland Texas to gather public coin i ment and testimony regard ing the adoption of a Sales and Use Tax Agreement' between the ' City ;ands, Brazoria>'County Municipal Utility District Nos..21 and 22. At said hearing all interested :parties shall have • the right! and :opportunity .to .appear, and be heard on the subject /s/ Young Lorfing " City Secretary Thissite is accessible to dis- abled individuals For spe- cial assistance, please call Young Lorfing at' 281.652.1655,,prior -to the meeting so that appropriate arrangements can be made AHII HT F • U t LPKATI N • • The Pearland Reporter News 2404 South Park Pearland, Texas 77581 State of Texas Brazoria'and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for ./ issues, as follows: No. l Date 5722 20 0:2- N o. Date • 20 No. Date 20 N o. Date 20 N o. Date -20 Subscribe and sworn to before me this 20 0z2 23 • v- ' EMMONS S 3. ` Notary Public-,, vt tsE: of Texas ij %.*• 7* `+ Commission Ex 9- `? N co' '�? J^v gen intinTh President day o aura Ann Emmons, Publisher Notary Public, State of Texas Public Hearing - Stragegic Partnership Agreement , between City and Brozoria MUD Nos. 21 and 22 Published May 22, 2002 NOTICE OF PUBLIC HEARING OF THE CITY OF PEARLAND Notice is hereby given that on the 10th day of June, 2002, at 6.30 p.m., the City Council of the City of Pearland, Brazoria, Fort Bend, and Harris Counties, Texas, will conduct a Public Hearing in the Council Chambers, City Hall, 3519 Liberty Drive, Pearland, Texas, to gather public com- ment and testimony regard- ing the adoption of a Strategic Partnership Agreement between the City and Brazoria County Municipal Utility District Nos. 21 and 22. At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Young Lorfing City Secretary This site is accessible to dis- abled individuals. For spe- cial assistance, please call Young Lorfing at 281.652.1655, prior to the meeting so that appropriate arrangements can be made.