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R83-02 01-10-83 RESOLUTION NO. R83-2 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 is hereby 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 relating to the furnishing of water and sanitary sewer service in such cities. PASSED, APPROVED AND ADOPTED this j~ day of ~~/// A. D., 1982. CITY OF PEARLAND, TEXt] Tom Reid, Mayor ATTEST: ~ty Seeretary~h~ J • RESOLUTION NO . R1-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS , AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AND AGREEMENT BY AND BETWEEN THE CITY OF FRIENDSWOOD AND THE CITY OF PEARLAND. BE IT RESOLVED by the City Council of the City of Friendswood, Texas , that the Mayor be , and he is hereby authorized to execute for and in behalf of the City , a Contract and Agreement , a copy of which is attached hereto li and made a part hereof, by and between the City of Friends- wood and the City of Pearland relating to the furnishing of water and sanitary sewer service in such cities . PASSED , APPROVED AND ADOPTED this 24th day of January , ' A. D. , 1983 . CITY OF FRIENDSWOOD, TEXAS gr— C71).41151111274 Ralph L. Lowe , Mayor ATTEST: City Secretary • • • • • • • 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 en-- courage subdivisions and orderly growth;. . THEREFORE , for the reasons stated above , this Agreement is - -made on this the 9 day . of October , A. D . , 1982 , by and between the City of Pearland and the' City of Friendswood . I. TERMS OF AGREEMENT : • • ify the other 'City, stating that it has an area or subdivision which ds such service and which cannot be served at such time by the City which it lies . Such notice should contain a statement that t1he y Engineer has checked the plans and specifications of the sub- ider or other person putting in water lines and sewer lines , and t the same meet with all the requirements by the City Ordinances Engineer ' s requests , and that such lines will be inspected by the ineer_ as they are laid . The City which will provide the service 11 have the right to have its Engineer check the plans and specifi- ions of the subdivider or other person or firm putting in such ;s . If the City which will provide the service deems that it has capacity to provide such service it shall notify the other, and i subdivision or area will then come under the terms and provi- Is of this Agreement . Any extensions of the lines from the orig- . Subdivision or area to another Subdivision or area will have to • Lpproved just as would a new Subdivisionor area. • OWNERSHIP OF METERS AND LINES : • The City; 'in which any subdivision or area to be served , shall have the lines deeded to it by the subdivider or other on or . firm -putting same in. Each City shall install the water rs within its own boundaries and shall charge its regular tap for such connection . Such City shall also charge and collect its . lar tap fee. Before either City will provide service to the r, the lines to -be served must have been deeded to the City. In - connection, it is agreed that Pearland will not own any lines or rs within Friendswood, and vice-versa. All maintenance :of- lines eters will be done by the City within which such lines and meters • READING METERS , BILLING - AND RATES ! _-..._.....,e�.:a.—.._..s ....®�,� s.,.a...,..,�:,.>.:>: aautma;..r -,_ saZ2;s„vzw av •+..N:-,a-s:-- "i. goti,';, wS....,:-m' =......°ii, ect- ,: T.rts,a: • 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 consumate the take-ove 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 : i Both the City of Pearland and the City. of Friendswood h. ve financed Water and Sewer improvements through the issuance of Bons and Warrants; the 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 yieldto 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 Pear- (1) Friendswood shall pay to Pearland from Friendswood' s general revenue, an amount equal to 21.17% 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 11.63% 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 no 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 ach 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 eit er City to hereby set a precedent for any agreements between one of these Cities and other Cities not a part hereto . 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 r4) •-• (all) 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 /0 day of , A. D . , 1982 . CITY OF PEARLAND , TEXAS BY: Tom Reid, Mayor _ ATTEST : ity Secretary DATE : / — /0 /3 APPROVED : • Bobby . Williams , City Attorney CITY OF FRIENDSWOOD, TEXAS BY . Ralph Lowe,Lowe, Mayor ATTEST: City Secretary - DATE : --/„.4_ / APPROVED : 11.111 (-445 ' L 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 $20, 000 . 00 . At the current rate of .$0.68 per $100 . 00 of assessed value, this would equalS' 136.00 . Of this amount 22.88% (531.12 ) would apply to bonded indebtedness . • • (2) Friendswood' s assessed value of the house and lot would be $20, 000 . 00 . At the current rate of $0.735 per $100 . 00 of assessed value , this would equal 147.00 . Of this amount 10.77% ( $15.83 ) would apply to bonded indebtedness . • (3) RESULT : Pearland pays to Friendswood an amount equal to 11.63%of the ad valorem taxes collected on homes receiving water and sewer service from Friendswood. (4) RESULT-: Friendswood pays to Pearland an amount equal to 21.17% of the ad valorem taxes collected on homes receiving water and sewer service from Pearland .