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R99-068 09-13-99RESOLUTION NO. R99-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A COOPERATION AGREEMENT WITH BRAZORIA COUNTY PROVIDING NOTICE REQUIREMENTS PRIOR TO THE ISSUANCE OF ANY NOTES OR BONDS ASSOCIATED WITH CITY OF PEARLAND TAX INCREMENT REINVESTMENT ZONE NUMBER TWO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Cooperation Agreement by and between the City of Pearland and Brazoria County, 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 the original of the attached agreement for and on behalf of the City of Pearland. PASSED, APPROVED and ADOPTED this the __ A.D., 1999. TOM REID MAYOR ATTEST: S E(t,P, ETARY -- APPROVED AS TO FORM: DARRI~ M. COKER CITY ATTORNEY THE STATE OF TEXAS COUNTY OF BRAZORIA COOPERATION AGREEMENT This Agreement, made and entered into by Brazoria County, a body corporate and politic under the laws of the State of Texas (hereinafter sometimes referred to as "County"), and the City of Pearland, a municipal corporation under the laws of the State of Texas (hereinafter sometimes referred to as "City"). WHEREAS, the City and County have entered into an interlocal agreement for Tax Increment Participation associated with Reinvestment Zone Number Two, City of Pearland, Texas; and WHEREAS, in consideration of the County's participation, the County has requested a separate agreement between the City and the County, requiring notice prior to the issuance of any notes or bonds by the City; now, therefore, The City agrees, prior to the issuance of any TIRZ bonds or notes by the City, the payment of principal interest, or premium of which are secured by the tax increment attributable to the County tax increment from City of Pearland Tax Increment Reinvestment Zone Number Two, to provide the County with a copy of the City financial advisor's report certifying that the total annual tax increment revenues, less the TIRZ administrative fees, is equal to greater than 125% of the total annual amount to all outstanding and proposed TIRZ bond or note payments and contractual obligations. II. This agreement shall be of no force and effect unless and until it is executed by both parties hereto and as set forth below. IN WITNESS WHEREOF this instrument in duplicate originals, has been executed by the parties hereto as follows: a. I~has been executed on behalf of Brazoria County on the /4 6/3 day of ~,,~_, 1999, by the County Judge of Brazoria County and attested by the County Clerk of Brazoria County pursuant to an order authorizing such execution. It has been executed on behalf of the City on the /..4~ day of -~/~.~-..f>o~' ,1999, by its City Manager and attested by its City Secretary, pursuant to action of the City Council of the City authorizing such execution, ATTEST: '~'~de.. ~~ BRAZORIA ~COUNTY By: C ountf~Clerk ATTEST: CITY OF PE~ ~ G14n R.'E~ih CiW Manager Y~.~r~gLor~g '~ / ~)~ S¢cr~ry ~ ~ 2 STATE OF TEXAS COUNTY OF BRAZORIA BEFORE ME, the undersigned Notary Public, on this day personally appeared Judge John Willy, County Judge of Brazoria County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. ~"~ .GIV, EN UNDER MY HAND AND SEAL OF OFFICE THIS qP-J'} DAY OF , A.D., 19q~ . NOTARY PUBLIC, STATE OF TEXAS PrintedName: heri lcjn S. My Commission Expires: l 0 - o~ ~'- ~ STATE OF TEXAS COUNTY OF BRAZORIA BEFORE ME, the undersigned Notary Public, on this day personally appeared Glen R. Erwin, City Manager of the City of Pearland, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /1~'']'h DAY OF "' --~_?te-D'l~9~t' , A.D., 19qq . C, STATE OF TEXAS Printed Name: ~//~S~t- ~/ar*r-/_q' My Commission Expires:& ~/~ /~ ,~tg~