R2008-098 2008-07-14RESOLUTION NO. R2008-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A WATER AND WASTEWATER SERVICE AGREEMENT
WITH BRAZORIA COUNTY MUNICIPAL DISTRICT NO. 4.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Water and Wastewater Service Agreement by and
between the City of Pearland and the BCMUD No. 4, 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 Water and Wastewater Service Agreement with the
BCMUD No. 4.
PASSED, APPROVED and ADOPTED this the 14th day of Ju .D., 2008.
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2008-98 pg_~ 42
Water ~ Wastewater Svc. Agrmt. (B.C. MUU No. 4)
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4
c/ o Allen Boone Humphries Robinson LLP
3200 Southwest Freeway, Suite 2600
Houston, Texas 77027
July 14, 2008
Mayor and Council
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Water and wastewater service to a tract within the District
Honorable Mayor Reid and Council Members:
The City of Pearland (the "City") has requested that Brazoria County Municipal
Utility District No. 4 (the "District") consent to the provision of water and wastewater
services by the City to a tract within the District not currently provided with such
services. The District is agreeable to such an arrangement subject to the provisions of
this Letter Agreement.
1. The land to which the City shall provide water and wastewater services is that
portion of the District located west of the right of way of State Highway 288 (the
"Tract").
2. The City agrees to provide water and wastewater services to the Tract at no cost
or liability to the District, under the same terms, conditions and charges as are
applicable to the City as a whole.
3. The City shall be responsible for providing water supply and wastewater
treatment capacity to serve the Tract, and shall construct, or cause to be
constructed, the necessary facilities, and shall keep same in good repair. Any
expenses and costs relating to the provision of water and wastewater services to
the Tract shall be the responsibility of the City.
4. The City shall bill and collect for water and wastewater services within the Tract,
retaining all fund received. The District shall continue to levy and collect its ad
valorem taxes within the Tract, retaining all such Funds received.
198116
Mayor and City Council
July 14, 2008
Page 2
5. The City shall levy and collect its sales taxes within the Tract in accordance with
the existing Strategic Partnership Agreement between the City and the District.
This Letter Agreement shall be effective as of the date hereof, and shall terminate on
December 31, 2012.
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 4
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Pr sident, Board of irectors
ACCEPTED AND AGREED:
CITY OF PEARL N
Mayor
Dater ~~' ~ D 2008.
198116
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ALLEN BOONE HUMPHRIES ROBINSON LLP
ATTORNEYS AT LAW
PHOENIX TOWER
3200 SOUTHWEST FREEWAY
SUITE 2600
HOUSTON,TEXAS 77027
TEL(713)860-6400
FAX(713)860-6401
a bh r.com
July 14,2008
Letter of Transmittal
To: Mr.Bill Fisen
City of Pearland
3519 Liberty Drive
Pearland,TX 77581
Re: Brazoria County Municipal Utility District No.4
Via: Regular Mail
WE ARE SENDING YOU the following items:
Copies Date Description
1 7/14/08 Water and wastewater service to District tract agreement
THESE ARE TRANSMITTED as checked below:
For your approval _- For review and comment
- For your files X- For execution
- Per your request _- For execution and notarization
Remarks: Mr.Eisen,please have the attached letter agreement signed and returned to my attention
at the above address. I have included a return envelope. Please do not hesitate to contact me if you
have any questions.
SIGNED:
Jess Kate Jones
(713)860-6490
Fax: (713)860-6690
jjones@abhr.com
199434