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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. f~-.~ TOM REID MAYOR ATTEST: 4,=~~ARL,glvQ ^,, t-- i Y UNG M - ~' APPROVED AS TO FORM: '7. 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 ~ ~~~~~-- Pr sident, Board of irectors ACCEPTED AND AGREED: CITY OF PEARL N Mayor Dater ~~' ~ D 2008. 198116 Sam Houston Pkw.' a1�r —'� n I -. ! ` e" Brookside Rd m c u34 m = c r Shadow Creek Plow. ' __ D n/ S6 I , m S z o ..�- •i w - \ s trt . c r-\ • 1 HuQHs Rmdb Rd I"' pnn`e Sl I0in MUD 26 MUD,ti ,,,I rang '""I 1.11.141.) = 7 : Broadway St �rss ... MUD r , . . . . •ii - i. walnut St aayy�st,a) t �5l$ Broadway St atrY 1! iriiii, 1 B.Uadw ay tit •ilL S 521 T 0 kO si 1` e - IAFite Rd a 4dw.y -L.,e ez-- L er Rd611MagnoliaSI11 ; II South r MUD 2 z. Muo,f ., z With ,''S;,e(�'uM � B' Y . f Bailey Rd i \ -.1 s. t Nor . 11rriiiiilli r— II 22 f o .�.�:a7!� 1 t Li n MUD k .4‘,"/ n ( 1, tt f jp. Lo, " -, —; l; 1 _-. Pearland •1 ,i* i la-1 1 -MUD1 -MUD 6 ��MUD 22 1 FORTBEND MUD 1 MUD 16 MUD 23/ - ----- ' City of Pearland I nnnU51 na.e,Ms � '�MUD 2 -MUD17iiMUD26 1 Municipal Utility Districts = ® Mr.. \ „\MUD 3 MUD 16 -MUD 26 S M.r w.s eEEN PROW:o FROM vow.SOURCES %EmvERr ErEOar qaS eEEqOE ro Enwsu rw:-MUD 4 ;MUD 19-MUD 34 Of rH9 u,V.wOwE�1:RrH:qrY OF EEMWDm99UME9_ 1 qO tNBarrr Oq nN1AGEe1,rO......qi ON19910nS\ -MUD 5 MUD21-MUD35Mew gREEaREo on EeamMnr xSoehilitia 11 peel w.w r.Smarr r....tgra.ar... 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