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R2002-0102 06-24-02 RESOLUTION NO. R2002-102 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. 22. 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. 22, 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. 22. PASSED, APPROVED and ADOPTED this the__ A.D., 2002. 24 day of June ., MAYOR ATTEST: ~ U N C-~'I~JJ~'(~ ,,~ // TY SE'CRETAR¥/ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" R2002-102 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 d u l y 1 ,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. 22, 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 d u ] 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. 850530 1.DOC ATTEST: U CITY OF PEARLAND, TEXAS By: ~yor ' BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 22 By: Presid(nt, Board of Directors 850530 1.DOC 2 AEHDAVL T U ti U FUN • • • • 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 Brazora and Harris Counties in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris & Galveston Counties, for / issues, as follows: N o. / N o. N o. N o. N o. Date - / 20 42. Date 20 Date 20 Date 20 Date 20 Subscribe and sworn to before me this 2001 /6, k, 'Notary LAURA A . EM ONS j}) Public, S_ : or icx23 '' ° �* Comrniss:on Exi-)ii c. :i-O2 c,} � • • gim mom-, President day of aura Ann Emmons, Publisher Notary Public, State of Texas Public Hear ng - MUD Nos. 21 and 22 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. N o. Date ; =22 N o. Date 20 62- Date 20 20 N o. Date 20 N o. Date 20 Subscribe and sworn to before me this 20W %-`<== LAURA A. EMMONS Nit°,,,;„• it Comrniss on ExN i ea 9-9-3o "} 23 im m President day of 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 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 Sales and Use Tax 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. 4 ( NOTICE OF PUBLIC Published May 15,2002 HEARING OF THE j" I CITY OF PEARLAND I NOTICE OF PUBLIC HEARING OF THE l Notice is hereby given that I CITY OF PEARLAND • on the 3rd day of June, a 2002,at 6:30 p.m.,the City I Notice is hereby given that I Council of the City of on the 3rd day of June,I I Pearland, Brazoria, Fort 2002,at,6:30 p.m.,the City 1 + Bend, and Harris Counties, Council of the City of I I. Texas,will conduct a Public i Pearland, Brazoria, Fort 1 Hearing in the Council j Bend, and Harris Counties, , I Chambers, City Hall, 3519 5 I Texas,will conduct a Public: Liberty Drive, Pearland, j Hearing in the Council I 1 Texas,to gather public corn- Chambers, City Hall, 3519 i ment and testimony regard-s Liberty Drive, Pearland, i ing the adoption of a Texas,to gather public corn- Strategic Partnership Agree-e ment and testimony regard- ` ment between the City and ing the adoption of a Sales '!! Brazoria County Municipal 1 and Use Tax Agreement ! Utility District Nos. 21 and between the City and 22. Brazoria County Municipal 1 I Utility District Nos, 21 and ,. I At said hearing all interested 22. , parties shall have the right and opportunity to appear At said hearing all interested ! ( and be heard on the subject. parties shall have the right ! I and opportunity to appear I Is/Young Lotting and be heard on the subject. i ' City Secretary i lIs/Young Lorfing 9 R This site is accessible to dis- CitySecretary ' abled individuals. For spe- cial assistance, please call This site is accessible to dis- 1 Young Lorfing at abled individuals. For spe- 1 281.652.1655, prior to the i cial assistance, please call meeting so that appropriate ' Young Lorfing at• arrangements can be made. 281.652.1655, prior to the . I meeting so that appropriate arrangements can be made. J - .-t