Loading...
R2003-0058 04-14-03 RESOLUTION NO. R2003-$8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A STRATEGIC PARTNERSHIP AGREEMENT AND SALES AND USE TAX AGREEMENT WITH BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Strategic Partnership Agreement and Sales and Use Tax Agreement by and between the City of Pearland and Brazoria County Municipal Utility District No. 4, copies of which are attached hereto as Exhibits "A" & "B" and made a part hereof for all purposes, are 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 Strategic Partnership Agreement and Sales and Use Tax Agreement with Brazoria County Municipal Utility District No. 4. PASSED, APPROVED and ADOPTED this the 14th day of A.D., 2003. Apri I TOM REID MAYOR ATTEST: ~4~U NG ~iNI~'~ /I'Y SI~RETARY~' v APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2003-58 STRATEGIC PARTNERSHIP AGREEMENT THE STATE OF TEXAS § COUNTY OF BRAZORIA § This STRATEGIC p^JhRTNERSHIP AGREEMENT (this "Agreement") is made and entered into, effective as of ¥1/~ (J~LfJ~ i'3,2003, 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. 4, 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 District was created with the City's consent for the purpose of providing water, sewer and drainage facilities to the land within its boundaries. The District is located wholly within the extraterritorial jurisdiction ("ETJ") of the City, but is not within its corporate limits. The District is part of a master planned community of approximately 601 acres. 2. The provisions of Tex. Local Gov't Code, §43.0751 (Vernon Supp. 2003) (the "Act") state that the City and the District may enter into a strategic partnership agreement that provides for the terms and conditions under which services will be provided and funded by the City and the District and under which the District will continue to exist for an extended period after annexation of the land within the District by the City. 3. The City and the District, after the provision of required notices, held public hearings in compliance with the Act. Based upon public input received at such hearings, the City and the District wish to enter into a strategic partnership agreement to provide the terms and conditions under which services will be provided by the City and the District and under which the District will continue to exist for an extended period of time after the District is annexed for full purposes. NOW, THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions contained herein, and other good and valuable consideration, the City and the District agree as follows: 1029294_1 .DOC Article 1 DEFINITIONS 1.01. Definitions. The terms "Act," "City," "District," and "ETJ" shall have the meanings provided for them in the Recitals, above. Except as may be otherwise defined, or the context clearly requires otherwise, capitalized terms and phrases used in this Agreement shall have the meanings as follows: "Strategic partnership agreement" means a written agreement between a municipality and a district that provides terms and conditions under which services will be provided and funded by the parties to the agreement and under which the district will continue to exist for an extended period of time if the land within the district is annexed for limited or full purposes by the municipality. "City's Consent" shall mean the consent of the City of Pearland to the creation of Brazoria County Municipal District No. 4 and all of the terms and conditions contained in the consent. c. "Development" shall mean the construction of underground utilities and above ground commercial or residential improvements within the boundaries of the District. d. "Full-Purpose Annexation Conversion Date" is defined in Section 2.03. e. "TCEQ" means the Texas Commission on Environmental Quality or its successor agency. f. "Party" or "Parties" shall mean the City of Pearland and/or Brazoria County Municipal Utility District No. 4. g. "Effective Date" has the meaning set forth above. 1.02. Findings and conclusions. The City and the District hereby find and declare: a. The Act authorizes the City and the District to enter into this Agreement to define the terms and conditions under which services to the District will be provided and funded by the Parties and to define the terms and conditions under which the District will be annexed by the City as agreed hereunder as an alternative to annexation without the consent of the District. b. In compliance with Subsection (p) of the Act, this Agreement (i) does not require the District to provide revenue to the City solely for the purpose of an agreement with the City to forgo annexation of the District, and (ii) provides benefits to each Party, including revenue, services, and regulatory benefits which are reasonable and equitable with regard to the benefits provided to the other Party. 1029294_1 .DOC 2 c. All the terms and conditions contained in this Agreement are lawful and appropriate to provide for the provision of municipal services and annexation. d. The District is not obligated to make payments to the City for services except as otherwise provided herein. e. This Agreement has been duly adopted by the City and the District after conducting two public hearings at which members of the public who wanted to present testimony or evidence regarding the Agreement were given the opportunity to do so. Notice of each hearing was published in the format required by Tex. Local Gov't Code, §43.123(b) and was published at least once on or after the 20th day before each public hearing. Article 2 ANNEXATION OF THE DISTRICT 2.01. Annexation procedures. Because the District is, pursuant to this Agreement, an area that is the subject of a strategic partnership agreement, the City is not required to include the District in its Annexation Plan pursuant to Tex. Local Gov't Code, §43.052. At the time that the City undertakes to annex the District for full-purposes in accordance with this agreement, the City shall follow the procedures and provide the level of services described in Local Government Code Chapter 43, Subchapter C-1. Upon the full-purpose annexation of the territory within the District by the City, the District shall continue to exist for a period of time after annexation until the occurrence of the Full-Purpose Annexation Conversion Date specified herein, and in accordance with Texas Local Government Code, §43.0751 (h). 2.02. Operations prior to annexation. Prior to the Full-Purpose Annexation Conversion Date, except as may be specifically provided in this Agreement, the District is authorized to exercise all powers and functions of a municipal utility district provided by law, including, without limiting the foregoing, the power to incur additional debts, liabilities, or obligations, to construct additional utility facilities, or to contract with others for the provision and operation thereof, or sell or otherwise transfer property without prior approval of the City, and the exercise of such powers is hereby approved by the City; provided that the authority granted hereby shall be limited to actions in compliance with the City Consent. 2.03. Full-Purpose Annexation Conversion Date. In accordance with Texas Local Government Code 43.0751 (f)(5)(A), the Full-Purpose Annexation Conversion Date shall occur on December 31, 2012. On the Full-Purpose Annexation Conversion Date, the land included in the boundaries of the District shall be deemed to be within the incorporated limits of the City without need for further action by the City or District. Prior to the Full-Purpose Annexation Date, the City shall not assess taxes or fees in the District except as specifically described herein. 2.04 Continuation of the District following annexation. Upon annexation of the District under the provisions of Section 2.01, above, the District will continue to exist for an extended period to allow for the completion of District operations and the integration of the District's system into the City's system, following which period the City shall act to abolish the District in accordance with applicable law; provided that, if the City has not abolished the District within 90 days after annexation, the District shall be automatically abolished on the 91st day. At such time, the City will 1029294~1 .DOC 3 assume all rights, assets, liabilities and obligations of the District (including all obligations to reimburse the developers within the District) and the District will not be continued or converted for limited purposes. Upon annexation, fees and charges imposed on residents of the former District for services provided by the City shall be equal to those fees and charges imposed on all other residents of the City. 2.05 Liaison Committee Appointed. Prior to the annexation conversion date prescribed herein, the District shall appoint an advisory board consisting of three (3) District residents that shall act as a liaison to the City for two (2) years following the Full-Purpose Annexation Conversion Date. Article 3 ALLOCATION OF MUNICIPAL SERVICES WITHIN THE DISTRICT 3.01. City Fire/EMS Services. The City and the District agree that the District currently receives fire and emergency medical services from the Pearland Volunteer Fire Department and that pursuant to this agreement, such services shall continue. Within 30 days after final approval of the Strategic Partnership Agreement, the District will pay to the City a monthly charge of $4.38 per each single-family residence and comparable equivalent charges for commercial or high-density customers. In consideration of the Fire/EMS Services, the District agrees to make monthly payments to the City as provided below: 1) Residential Properties. The District shall pay to the City a monthly charge for each residential unit in the District that is connected to and receiving service from the District's water supply system, as determined each calendar quarter following the effective date of this agreement. A residential unit shall mean any building or part of a building designed for permanent occupancy by one family. A detached single-family residential unit is one residential unit; a duplex is two residential units; and each living unit in an apartment complex is one residential unit. 2) Nonresidential Properties. The District will also pay the City a monthly charge for each 2,000 square feet or part thereof of building floor area for every "improved nonresidential property" located in the District that is connected to and receiving service from the District's water supply system on or before the twentieth day of the immediately preceding month. "Improved Nonresidential Property" means any improved real property, on which there is located a building or structure that is nonresidential property. The square footage used to determine the charge is based on the records of the Brazoria County Appraisal District. 3.02. Police protection. The District may provide for the provision of enhanced police protection services within the District by contracting with the City for such services. If provided by the City, the level of police services to be provided shall be determined by mutual agreement of the City and the District. Payment to the City with regard to any police protection provided under this 1029294__1 .DOC 4 Section shall be based upon the actual costs of the City, including reasonable overhead, in providing such services. Article 4 COSTS AND ASSESSMENTS 4.01. Determination of costs of municipal services. The City shall determine its actual costs of providing municipal services described in Article 3 using generally accepted municipal accounting procedures and shall provide such cost to the District annually, at least 60 days prior to the beginning of the District's fiscal year. The costs of each City service shall be separately accounted for and, to the extent the City receives fees or other revenues in connection therewith, such revenues shall be described and used to offset the City's costs. The District agrees to pay the reasonable expenses incurred by the City in computing the cost of municipal services, including reasonable consultants' fees. 4.02. Fee derived from residential property. In accordance with the Act, the District shall impose a fee on residential and non-residential property within the District to be used to pay the City a fee for municipal services. Except as specifically provided above, the fee shall be equal to the costs of providing municipal services within the District as computed in accordance with Section 4.01, above, divided by the number of residential properties within the District. Fees with respect to multi-family properties, if any, shall be allocated based upon the number of dwelling units within each property. The District may incorporate these fees in its monthly water and sewer rates for the District or, at its option, may seek voter approval of a contract for services and include these fees in its ad valorem tax rate. The District will be responsible for payment to the City, regardless of the District's ability to collect the full assessment. 4.03. Fee for municipal services. The monthly charge required herein shall be paid by the District to the City on or before the first day of each month. All monthly payments shall be paid by the District without notice or demand at the offices of the City, unless the District is notified otherwise. All or part of any monthly payment paid by the District after the 30th day of the month is delinquent and shall include an additional late fee equal to 10% of the delinquent amount. Article 5 WATER AND SEWER SERVICES PROVIDED BY THE DISTRICT 5.01. Water and Sewer Services. The District shall continue to develop, to own, and to operate and maintain a water and wastewater system in the District. The City agrees to operate and maintain its water and wastewater at the same level as the District has operated and maintained them before the Full-Purpose Annexation Conversion Date. The City shall have the right to periodically inspect the District's water and wastewater system. The City shall retain an option to purchase existing excess water and wastewater capacity for use by the City, as well as the option to expand the water and wastewater facilities, at City's expense, to service areas outside the boundaries of the District. 5.02. Water and Sewer Fees. The District, prior to the Full-Purpose Annexation Conversion Date referenced herein, agrees to incrementally increase District' s water and sewer fees to a level equivalent to the City's water and sewer fees in effect at the time of the Full-Purpose 1029294_1.DOC 5 Annexation Conversion Date. Any excess funds generated pursuant to this section shall be placed in the District's operating reserves or debt service fund. Upon annexation, the City shall use such funds for the payment of District debt or to authorize benefit of the District. To facilitate the District's increase in water and sewer fees, the City shall notify the District of any water and sewer rate increases adopted by the City during the term of this agreement. 5.03. Other considerations. Except as provided herein, the District shall be subject to the regulation and approval of the City in the same manner as provided for a district located in the City's ETJ generally. Article 6 SALES TAX PROVISIONS 6.01. Imposition of sales tax. The City is hereby authorized to impose its sales and use taxes within the boundaries of the District, without annexation by the City, subject to the provisions and procedures described in this Article. 6.02. Eligibility. This Article shall become effective upon the receipt of notice by the District from the City that, as a result of any Federal Census, the City is an eligible municipality under Subsection (n) of the Act. 6.03. Hearings. Upon receipt of the notice described in Section 6.02, above, the District will cooperate with the City to schedule two public hearings regarding the imposition of the City's sales and use taxes in the District, following the same notification process as provided in Subsection (d) of the Act. 6.04. Sales tax agreement. Following the hearings, the City may direct the District to approve and execute the Sales and Use Tax Agreement attached hereto as Exhibit A. The District agrees that, upon receipt of such direction, it will execute the Sales and Use Tax Agreement within 60 days thereafter. 6.05. Cooperation. The Parties will cooperate to provide such documentation as the City may reasonably require to satisfy the requirements of the State Comptroller in connection with the collection of sales and use taxes within the District. Article 7 DEFAULT, NOTICE AND REMEDIES 7.01. Default, notice. A breach of any material provision of this Agreement after notice and an opportunity to cure shall constitute a default. The non-breaching Party shall notify the breaching Party of an alleged breach, which notice shall specify the alleged breach with reasonable particularity. If the breaChing Party fails to cure the breach within a reasonable time not sooner than 30 days after receipt of such notice (or such longer period of time as the non-breaching Party may specify in such notice), the non-breaching Party may declare a default hereunder and exercise the remedies provided in this Agreement in the event of default. 7.02. Remedies. In the event of a default hereunder, the remedies of the non-defaulting Party shall be limited to either or both of the following: 1029294_1 .DOC 6 a. Monetary damages for actual losses incurred by the non-defaulting Party if such recovery of monetary damages would otherwise be available under existing law and the defaulting Party is not otherwise immune from paying such damages; and b. Injunctive relief specifying the actions to be taken by the defaulting Party to cure the default or otherwise comply with its obligations hereunder. Injunctive relief shall be directed solely to the default and shall not address or include any activity or actions not directly related to the default. Article 8 MISCELLANEOUS 8.01 District Expenditures. The District shall provide the City with monthly bookkeeping and operations reports, and cooperate with the City regarding information related to District expenditures. 8.02. Beneficiaries. This Agreement shall bind and inure to the benefit of the Parties, their successors and assigns. This Agreement shall be recorded with the County Clerk in Official Records of each county in which the District is located, and shall bind and benefit each owner and each future owner of land included within the District's boundaries in accordance with Tex. Local Government Code, §43.0751 (c). District agrees to use its best effort to notify prospective residents of the District of the terms of this agreement. 8.03 District Funds Remaining. City agrees to establish a separate account for the deposit of any District funds remaining at the time of the Full-Purpose Annexation Conversion Date. Such funds will be used to pay outstanding District obligations with the exceptions of debt service payments. Additional funds remaining after all obligations are paid will be used within the District after consultation with the Liaison Committee. 8.04 Term. This agreement shall commence and bind the City and District on the Effective Date and continue until the abolishment of the District pursuant to Section 2.04 of this agreement. Nothing herein shall prevent the City from terminating this agreement and instituting proceedings to annex the district, on request by the goveming body of the district, on a date prior to the Full-Purpose Annexation Conversion Date established by this agreement. 8.05. Notice. Any notices or other communications (a "Notice") required to be given by one Party to another by this Agreement shall be given in writing addressed to the Party to be notified at the address set forth below for such Party, (i) by delivering the same in person (ii) by depositing the same in the United States Mail, certified or registered, return receipt requested, postage prepaid, addressed to the Party to be notified, or (iii) by depositing the same with Federal Express or another nationally recognized courier service guaranteeing "next day delivery," addressed to the Party to be notified, or (iv) by sending the same by telefax with confirming copy sent by mail. Notice deposited in the United States mail in the manner hereinabove described shall be deemed effective from and after the date of such deposit. Notice given in any other manner shall be effective only if and when received by the Party to be notified. For the purposes of notice, the addresses of the Parties, until changed as provided below, shall be as follows: 1029294_1 .DOC 7 City: City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Attn: City Manager District: Brazoria County Municipal Utility District No. 4 c/o Vinson & Elkins L.L.P. 1001 Fannin, Suite 2300 Houston, Texas 77002-6760 Attn: Timothy Austin The Parties shall have the fight from time to time to change their respective addresses, and each shall have the fight to specify as its address any other address within the United States of America by giving at least five days written notice to the other Parties. If any date or any period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating the notice shall be extended to the first business day following such Saturday, Sunday or legal holiday. 8.06. Time. Time is of the essence in all things pertaining to the performance of this Agreement. 8.07. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable then, and in that event, it is the intention of the Parties hereto that the remainder of this Agreement shall not be affected. The parties agree to negotiate in good-faith to replace any illegal, invalid or unenforceable provision of the agreement with a provision that is believed to be valid. If such an agreement cannot be reached by both parties, nothing shall prohibit the City from instituting proceedings to annex the district on a date prior to the full-purpose annexation date. 8.08. Waiver. Any failure by a Party hereto to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof or of any other provision hereof, and such Party shall have the right at any time thereafter to insist upon strict performance of any and all of the provisions of this Agreement. 8.09. Applicable law and venue. The construction and validity of this Agreement shall be governed by the laws of the State of Texas without regard to conflicts of law principles. Venue shall be in Brazoria County, Texas. 8.10. Reservation of rights. To the extent not inconsistent with this Agreement, each Party reserves all rights, privileges, and immunities under applicable laws. 8.11. Further documents. The Parties agree that at any time after execution of this Agreement, they will, upon request of another Party, execute and deliver such further documents and do such further acts and things as the other Party may reasonably request in order to carry out the terms of this Agreement. 1029294_1 .DOC 8 8.12. Incorporation of exhibits and other documents by reference. All Exhibits and other documents attached to or referred to in this Agreement are incorporated herein by reference for the purposes set forth in this Agreement. 8.13. Effect of State and Federal laws. Notwithstanding any other provision of this Agreement, the District shall comply with all applicable statutes or regulations of the United States and the State of Texas, as well as any City ordinances or rules implementing such statutes or regulations, and such City ordinances or rules shall not be deemed a breach or default under this Agreement. 8.14. Authority for execution. The City hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the City Charter and City ordinances. The District hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted by the Board of Directors of the District. SIGNATURE PAGES FOLLOW 1029294_1 .DOC 9 IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement effective as of the date first written above. CITY OF PEARLAND, TEXAS Mayor ATTEST: Tdtis ins~ru~en, I was acknowledged before me on /o2~' , 2003, by ~>-J,t~'~ t--, ,~as Mayor of Pearland, Texas, a home-ml~'n~u~cipality, on behalf of said municipality. (NOTARY SEAL) 1029204--1 .DOC 1 1 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 ATTEST: President,~o~of l~irec~ors (NOTARY SEAL) ....;.~.'Z~:~;,,, CATHERINE CAMPBELL~ 1029294_1 .DOC 12 Exhibit "B" Resolution No. R2003-58 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 ~{LI, 0A t~ ,2003, 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. 4, 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 ~/~tLCClA. t"/, 2003 (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. 1196287__1 .DOC IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement effective as of the date first written above. ATTEST: CITY OF PEARLAND, TEXAS Mayor ATTEST: BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 Presid~~d of:Directors ecretary 1196287_1.DOC COMPTROLLER OF PUBLIC ACCOUNTS P.O. BOX 13528 AUSTIN, TX 78711-3528 July 29, 2005 Mr. Young Lorfing, TRMC City Secretary City of Pearland 3 519 Liberty Drive Pearland, Texas 77581-5419 Dear Mr Lorfing: We have received Resolution no. R2003-58 stating the Strategic Partnership Agreement between the City of Pearland and Brazoria County Municple Utility District No. 4 passed by the City on April 14, 2003. We have also received the map indicating the property subject to the local sales and use tax for the City of Pearland within the boundary of the district. The local sales and use tax will become effective October 1, 2005 in the area indicated on the map. If you have any questions or need more information, please call me toll free at 1-800-531-5441, extension 50274 My regular number is 512/475-0274. Sincerely, Veronica P. Harycki Revenue Accounting Division Tax Allocation Section cc: Mr. Chris Kidwell AFFIDAVIT OF PUBLICATION • The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azona and Harris Counties Randy Emmons hereby certify that the notice hereby appended was published Brazona and Harris Counties in THE REPORTER NEWS, a newspaper of general culation in Brazoria, Harris & Galveston Counties, for / issues; as follows: N o. / Date )y/Z-- 202& N o. Date 20 N o Date 20 N o. Date 20 N o. Date 20 scribe and sworn to before me this /1 Ltivai Laura Ann Emmons, Publisher Notary Public, State of Texas Public Hearing - MUD No. 4 Strategic Partnership Agree. & Sales Use Tax Agree. Published 02/12/03 Published Feb. 12, 2003 NOTICE OF PUBLIC HEARING OF THE CITY OF PEARLAND Notice is hereby given that on the 25th day of February, 2003, at 6:30 p.m., the City Council of the City of Pearland, Brazoria, Fort Bend, and Harris Counties, Texas, and Brazoria County Municipal District No. 4, will conduct a Public Hearing at the Country Place Golf Shop meeting room, 3123 Flowerfield, Pearland, Texas, to gather public comment and testimony regarding the adoption of a Strategic Partnership Agreement and a Sales & Use Tax Agreement between the City and Brazoria County Municipal Utility District No. 4. Copies of the Strategic Partnership Agreement are available in the City Secretary's office on the 3rd floor of City Hall at 3519 Liberty Drive, Pearland, Texas 77581. At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Young Lorfing, TRMC City Secretary This site is accessible to dis- abled individuals. For special assistance, please call Young Lorfing at 281.652.1655, prior to the meeting so that appro- priate arrangements can be made. AFFIDAVIT F PUBLICATION The Pearland Reporter News 2404 South Park Pearland, Texas 77581 ate of Texas azoria and Harris Counties • landy Emmons, hereby certify that the notice hereby appended was published Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general Dulation in Brazoria, Harris & Galveston Counties, for / issues as follows: N o. Date Z Z , 20 b3 N o Date 20 N o. Date 20 N o. Date 20 No. Date 20 • scribe and sworn to before me this 2.7 day of fel.‘ 2063 Laura Ann Emmons, Publisher Notary Public, State of Texas Publ c Hearing - MUD No. 4 Strategic Partnership & Sales/Use Tax Agreements Published: 02/26/03 Published Feb. 26, 2003 NOTICE OF PUBLIC HEARING OF THE CITY OF PEARLAND Notice is hereby given that on the 11 th day of March, 2003, at 6:30 p.m., the City Council of the City of Pearland, Brazoria, Fort Bend, and Harris Counties, Texas, and Brazoria County Municipal District No. 4, will conduct a Public Hearing at Pearland City Hall, Council Chambers, 3519 Liberty Drive, Pearland, Texas, to gather public comment and testimony regarding the adoption of a Strategic Partnership Agreement and a Sales & Use Tax Agreement between the City and Brazoria County Municipal Utility District No, 4. Copies of the Strategic Partnership Agreement are available in the City Secretary's office on the 3rd floor of City Hall at 3519 Liberty Drive, Pearland, Texas 77581. At said hearing all interested parties shall have the right and opportunity to appear and be heard on the subject. /s/ Young Lorfing, TRMC City Secretary This site is accessible to dis- abled individuals. For special assistance, please call Young Lorf ing at (281) 652-1655, prior to the meeting so that appropriate arrangements can be made.