R78-43 10-11-78RESOLUTION NO. R78-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT AND AGREEMENT BY AND BETWEEN
THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD.
BE IT RESOLVED by the City Council of the City of Pearland,
Texas, that the Mayor be, and he ishereby, authorized to execute for
and in behalf of the City a Contract and Agreement by and between
the City of Pearland and the City of Friendswood regarding the
furnishing of water and sanitary sewer service to such Cities.
PASSED AND APPROVED this 7 /� day of
, A. D., 1978.
Mayor, City of Pearland, Texas
ATTEST:
Assistant
City Secretary
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X
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND
BE IT REMEMBERED on this the 9th day of October
A. D. , 1978, the City Council of the City of Pearland, Brazoria and Harris
Counties, convened in its regular session at the City Hall in the City of
Pearland, Texas, with the following members present:
Mayor Tom Reid Councilman Dennis Frauenberger
Councilwoman Fran Coppinger Councilman Harry Farley
Councilman Carlton McComb _ Councilman Morris Wilson
with the following members absent:
none
thus constituting a quorum, at which meeting the following proceedings were had
and held. _.
Councilman Harry Farley moved a motion that the City Council approve
the attached contract and agreement with the City of Friendswood, Texas, and
that the Mayor be authorized to execute the same.
The motion was seconded by Councilman McComb. The said contract
and agreement was read in full and the motion was carried by the following vote:
AYES: 5 NOES: 0
AGREEMENT
CITY OF PEARLAND, TEXAS
AND
CITY OF FRIENDSWOOD, TEXAS
WHEREAS, it is the desire of the City Council of the Cities of
Pearland and Friendswood, Texas, to give the residents living within either of
the Cities water and sewer service when and where possible; and
WHEREAS, it is the desire of the two Cities to cooperate in servicing
certain parts of both Cities; and
WHEREAS, it is not the desire of either City to enter into this
agreement for the purpose of profiting from same; and
WHEREAS, the intention of each City is to provide water and sewer
service for all residents within its limits as soon as practicable; and
WHEREAS, there are certain areas. of Friendswood which can now best
be serviced by Pearland, and certain areas of Pearland which can best be
serviced by Friendswood; and
WHEREAS, it is in the best interest of both Cities to encourage
subdivisions and orderly growth;
THEREFORE, for the reasons stated above, this Agreement is made on
this the 9th day of October A. D. , 1978, by and between the
City of Pearland and the City of Friendswood.
I, TERMS OF AGREEMENT:
This Agreement shall be effective for a term of one (1) year from
the date hereof, and may be renewed annually by the approval of both Councils.
II. AREAS SERVED:
If either City has a subdivision or area it decides can best be
served with water and sewer by the other City to be served shall notify the other
City, stating that it has an area or subdivision which needs such service and
which cannot be served at such time by the City in which it lies. Such notice
should contain a statement that the City Engineer has checked the plans and
specifications of the subdivider or other person putting in water lines and sewer
lines, and that the same meet with all the requirements by the City Ordinances
and Engineer's requests, and that such lines will be inspected by the Engineer as
they are laid. The City which will provide the service shall have the right to
have its Engineer check the plans and specifications of the subdivider or other
person or firm putting in such lines. If the City which will provide the service
deems that it has the capacity to provide such service it shall notify the other,
and such subdivision or area will then come under the terms and provisions of
this Agreement. Any extentions of the lines from the original Subdivision or
area to another Subdivision or area will have to be approved just as would a new .
Subdivision or area.
III. OWNERSHIP OF METERS AND LINES:
The City, in which any subdivision or area to be served lies, shall
have the lines deeded to it by the subdivider or other person or firm putting same
in. Each City shall install the water meters within its own boundaries and shall
charge its regular tap fee for such connection. Such City shall also charge and
collect its regular tap fee. Before either City will provide service to the
other, the lines to .be served must have been deeded to the City. In this
connection, it is agreed that Pearland will not own any lines or meters within
Friendswood, and vice-versa. All maintenance of lines or meters will be done
by the City within which such lines and meters lie.
IV. READING METERS, BILLING, AND RATES:
The City providing water service shall read the customers' meter
monthly and bill the customers at the customers' resident City rates. Customers'
charges for sanitary sewer service shall be determined in the same manner.
V. AREA TO BE IN CITY:
Neither City will provide service under this Agreement to subdivisions
or areas unless such subdivisions or areas are properly annexed into the other
City.
VI. TAKE-OVER BY CITY BEING SERVED:
At any time that one of the Cities desire to furnish water and sewer
service to a subdivision or area within its own limits, which subdivision or area
is being served by the other City, a thirty (30) day notice shall be given by the
City being served to the serving City. After receiving such notice, the serving
City shall send final bills and take other appropriate action to consummate the
take-over by the other City. It is understood that the water and sewer service
must be taken over together, and that neither water 'or sewer service can be taken-
over singularly.
VII. DEBT SERVICE REQUIREMENTS:
Both the City of Pearland and the City of Friendswood have financed
Water and Sewer improvements through the issuance of Bonds and Warrants; the
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City of Pearland has issued General Obligation Bonds and Warrants; the City of
Friendswood has issued General Obligation Bonds and Revenue Bonds.
For the purpose of this Agreement the total Interest and Sinking Fund
requirements for the City of Friendswood were divided by the estimated tax yield
to derive the percentage used in "Exhibit A (2)". Pearland has issued Bonds
and Warrants for purposes other than Water and Sewer Improvements. The yearly
Interest and Sinking Fund requirements for the other purposes were deducted from
the total requirements and remainder for Water and Sewer was divided by Pearland's
estimated tax yield to derive the percentage used in "Exhibit A (1)".
VIII. AD VALOREM TAXES:
Each City shall levy its regular ad valorem tax on the value of property
and improvements in any subdivision or area being served. under this Agreement.
Subject to an annual review, the following payments are to be made to-wit:
(1) Friendswood shall pay to Pearland from Friendswood's general
revenue, an amount equal to 16.98% of the ad valorem taxes collected from
property being served by Pearland.
(2) Pearland shall pay to Friendswood from Pearland's general revenue,
an amount equal to 30.10% of the ad valorem taxes collected from property being
served by Friendswood.
Those payments shall be made for the purpose of making this Agreement
fair and equitable to all concerned. It is realized that a taxpayer within a
City who is paying taxes but who does not have water and sewer service would
have a legitimate complaint if residents of the other City were receiving water •
and sewer service but not paying any taxes to the service City.
These amounts shall be paid on or before August 1st of each year and
shall be payable on all property in the area being served by water and/or sewer
service.
IX. ANNEXED BOUNDARY LINES:
This Agreement shall have absolutely no effect on either City's annexed
boundary lines. The subject of annexation is in no way involved in this Agreement.
X. ' PRECEDENT:
This Agreement is intended only for the situation as exists between
Pearland and Friendswood. It is not the intention of either City to hereby set
a precedent for any agreements between one of these Cities and other Cities not
a part hereto.
(3)
XI. INSPECTION OF BOOKS: •
Each City shall have the right to have its auditors inspect the books
and tax records of the other City as concerns taxes collected in areas being
I provided water and sewer service under this Agreement.
XII. AGREEMENT TO BE SPREAD UPON MINUTES OF COUNCILS:
It is ordered by the City Council of the City of Pearland, Texas, and
by the City Council of the City of Friendswood, Texas, that this Agreement be
spread upon the Minutes of each Council on the date upon which this Agreement
is approved by such City. •
EXECUTED IN DUPLICATE ORIGINALS this the 9th day of
October , A. D. , 1978.
• CITY OF PEARLAND, TEXAS n
/
•
.BY
Tom Reid, Mayor
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ATTEST:
Licysbecretary
Date: COO I&'L 9 /971 •
•
. APPROVED: Pry
�fi liams CityAttorney
1 �
City of Pearland, Texas
CITY OF FRIENDSWOOD, TEXAS
By�
; 1'
ATTEST: -
e ;7.-46172 /1
City Secretary G -
Date: °f / // Tefs
APPROVED: C
rty Attorney
City of Friendswood, Texas •
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(4) •
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EXHIBIT A
EXAMPLE: On a house and lot market valued at $20,000.00 •
(1) Pearland's assessed value of the house and lot would be 60% of
$20,000.00 or $12,000.00. At the current rate of $0.95 per
$100.00 of assessed value, this would equal $114.'00. Of this
amount 20.56% ($23.44) would apply to bonded indebtedness.
(2) Friendswood's assessed value of-the house and lot would be 60%
of $20,000.00 or $12,000.00. At the current rate of $1.15 per
$100.00 of assessed value, this would equal $138.00. Of this
amount 31.46% ($43.42) would apply to bonded indebtedness.
(3) RESULT: Pearland pays to Friendswood •an amount equal to 30.10%
of. the ad valorem taxes collected on homes receiving water and
sewer service from Friendswood.
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(4) RESULT: Friendswood pays to Pearland an amount equal to 16.98%
of the ad valorem taxes collected on homes receiving water and
sewer service from Pearland.
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