R2001-0112 08-27-01 RESOLUTION NO. R2001-117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A SALES AND USE TAX AGREEMENT WITH
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Sales and Use Tax Agreement by and between the
City of Pearland and Brazoria County Municipal Utility District No. 6, 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 Sales and Use Tax Agreement with Brazoria County
Municipal Utility District No. 6.
PASSED, APPROVEDandADOPTEDthisthe 27 dayof Au.gust ,
A.D., 2001.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R200~-'/t2
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
SALES AND USE TAX AGREEMENT
This Sales and Use Tax Agreement (this "Agreement") is made and entered into effective
as of ffu,~,,s~' ~? ,200/ , by and between the City of Pearland, Texas, a municipal
corporatiofi and home-rule city of the State of Texas (the "City"), and Brazofia County Municipal
Utility District No. ~a , 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. Pursuant to Section 43.0751(n)(2) of the Texas Local Government Code (the
"Act"), the City seeks the imposition of the City's sales and use taxes within the District.
2. The 2000 Federal Census has determined that Brazofia 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 the Act.
3. Notice has been provided and public hearings have been held in accordance with
the Act and the laws of the State of Texas.
NOW, THEREFORE, the City and the District hereby agree as follows:
Section 1. Effective upon the date first written above, the City is hereby authorized to
impose, levy and collect its Sales and Use Taxes within the boundaries of the District.
Section 2. THE CITY AGREES TO INDEMNIFY AND HOLD THE DISTRICT
HARMLESS FROM AND AGAINST ANY AND ALL COST, EXPENSE, LIABILITY,
SUIT OR CLAIM, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF
OR ANY WAY RELATED TO THIS AGREEMENT. If, for any reason, a court of competent
jurisdiction or any other governing authority rules that the foregoing indemnity is unenforceable,
the City hereby agrees, as consideration for the District entering into this Agreement and within
thirty (30) days of an invoice therefor, to reimburse the District for all costs and expenses,
including reasonable attorneys fees, arising out of or in any way related to this Agreement or any
suit or claim related thereto.
Section 3. The City acknowledges and agrees that this Agreement shall not be
construed as a Strategic Parmership Agreement, as such term is defined under Section
43.0751(a)(3) of the Texas Local Government Code, nor shall the execution of this Agreement
by the City and the District result in the City having annexed all or any portion of the District for
limited purposes as provided for and permitted by Section 43.0751 of the Texas Local
Government Code.
Section 4. The City acknowledges that the District will not receive any of the sales and
use tax revenue to be generated pursuant to this Agreement and therefor, as consideration for the
District entering into this Agreement, the City agrees that it shall not annex, for limited or full
purposes, all or any portion of the property within the District for a period of ten (10) years from
and after the effective date of this Agreement. In addition, the City and the District agree that the
District shall no longer include a voluntary contribution on its customer's monthly utility bills for
fire protection and emergency medical services, and no contribution, voluntary or otherwise,
shall be required in the future. The City shall continue to provide fire protection and emergency
medical services to the areas within the District.
Section 5. The City represents and warrants that the recitals contained in this
Agreement are true and correct and that the City and the District have the power and authority to
enter into this Agreement.
Section 6. The parties agree to take all reasonably necessary steps to give effect to the
terms of this Agreement.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
2
IN WITNESS WHEREOF, the undersigned Parties have executed tiffs Agreement
effective as of the date first written above.
ATTEST: CITY OF PEARLAND, TEXAS
f
STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
[I)ILLt/tM f~. _~l:~ , known to me to be the person whose name is subscribed to the
foregoing instnunent and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
~ G1VEN UNDER MY HAND AND SEAL OF OFFICE THIS ~Oo~ DAY OF
d~d,~ 712 , A.D., 2001.
NOTARY PUBLIC, STATE OF TEXAS
Printed Name: ~£k[t,x_~ ~'~
My Commission Expires: O~_9-O[ga:J(_.9~[
3
ATTEST: BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 6
By: Steven~M~ ~ai.~ ~e~
President, Board of Directors
STATE OF TEXAS §
COUNTY OF ~,d~xOa~) ~/~ §
BEFO~ ~, the undersigned Not~y Pubic, on tMs day personally appe~ed Steven M.
G~ore, President of the Bo~d of Dkectors of Brazofia County Mu~cipal Uti~ty District No. 6,
~own to me to ~ the person whose n~e is subscribed to the foregoing instrument and
ac~owledged to me that he executed the s~e for the p~oses and consideration there~
expressed.
, A.D., 2001.
~ ~ CONNt~ FON~
~ {~q Notary Public ~
I~J~'t STATE of ~S ~ Printed N~e: Con~e Fontenot
m~~~ My Co~ssion Exp~es: 9-30-04
F:~0006~AOMTS~SalesandUseTax.doc