R-2013-037-2013-03-11RESOLUTION NO. R2013-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT REGARDING
EXTRATERRITORIAL JURISDICTION, ANNEXATION AND DISPOSITION
OF ASSETS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Agreement by and between the City of Pearland, the City
of Iowa Colony, the City of Alvin and Brazoria County Municipal District No. 21, 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 Agreement attached hereto as Exhibit "A".
PASSED, APPROVED and ADOPTED this the 11th day of March, A.D., 2013.
ATTEST:
Y
C
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
,I. P,,,
TOM REID
MAYOR
Resolution No. R2013-37
Exhibit "A"
INTERLOCAL AGREEMENT REGARDING EXTRATERRITORIAL
JURISDICTION AND ANNEXATION AND DISPOSITION OF ASSETS
This Agreement, dated February 18, 2013, is made as of the Effective Date, by
and between the CITY OF ALVIN, TEXAS, a home -rule city organized and existing
under the laws of the State of Texas ("Alvin"), the CITY OF IOWA COLONY, TEXAS,
a Texas general law city ("Iowa Colony"), the CITY OF PEARLAND, TEXAS, a home -
rule city organized and existing under the laws of the State of Texas ("Pearland"), and
BAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 21, a conservation and
reclamation district created pursuant to Art. XVI, Sec. 59, Texas Constitution ("MUD
21"). Alvin, Iowa Colony, Pearland and MUD 21 are sometimes collectively referred to
herein as the "Parties."
RECITALS
Whereas, Pearland, Alvin, and Iowa Colony wish to adjust their extraterritorial
jurisdiction ("ETJ") to allow for the adjustment of jurisdictional boundaries to more
naturally conform to the interests of each municipality;
Whereas, TEX. LOCAL Gov'T CODE Section 42.023 provides that a municipality
may reduce its ETJ by giving its written consent by ordinance or resolution;
Whereas, Iowa Colony relinquishes any claim that it may have, and releases
from Iowa Colony's ETJ, the tracts and parcels of land marked and designated as Tract
1 and Tract 2 on Exhibit A, attached hereto and incorporated herein for all purposes;
Whereas, Alvin accepts the release of Tract 1 and Tract 2 from the ETJ of Iowa
Colony to the ETJ of Alvin, and agrees to promptly annex Tract 1 into the full purpose
city limits of Alvin;
Whereas, upon the annexation of Tract 1 by Alvin becoming final and in full
force and effect, Alvin agrees that it will de -annex Tract 3 as shown on Exhibit A and
will release Tract 2 and Tract 3 from the ETJ of Alvin to the ETJ of Pearland;
Whereas, Pearland agrees that, upon Alvin de -annexing Tract 3 and releasing
Tract 2 and Tract 3 from Alvin s ETJ, Tract 2 and Tract 3, as shown on Exhibit A, shall
be and become ETJ of Pearland; and
Whereas, following the ETJ adjustments, annexation and disannexation
described in this Agreement, the majority of MUD 21 will be in Pearland's jurisdiction,
with a small portion in Alvin, and both Pearland and Alvin, along with MUD 21, wish
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to provide by agreement for the disposition of the assets and liabilities of MUD 21 once
it is annexed and dissolved, pursuant to Sec. 43.076(c), Texas Local Government Code;
Now, Therefore, in consideration of the mutual covenants and obligations described
herein, Alvin, Pearland, Iowa Colony, and MUD 21 hereby agree as follows:
Section 1. Incorporation of Recitals. The above and foregoing recitals are
incorporated herein by reference and made a part hereof for all purposes.
Section 2. Iowa Colony ETJ Release. Iowa Colony hereby releases its right of
extraterritorial jurisdiction in and to the territory described in Exhibit A as Tracts 1 and
2 on the date of execution of this Agreement by all four Parties hereto (the "Effective
Date"). Because of the proximity of the boundary of Alvin to Tracts 1 and 2, both tracts
will become part of Alviri s ETJ upon the release thereof by Iowa Colony.
Section 3. Alvin Annexation and ETJ Release. Alvin acknowledges receipt
of a petition for annexation of Tract 1 into its full -purpose jurisdiction from the owner
thereof. As soon as practicable following the Effective Date, Alvin shall annex Tract 1
into its full purpose boundaries, and immediately thereafter disannex the territory
described in Exhibit A as Tract 3. Effective as of the effective date of the disannexation
of Tract 3, Alvin hereby releases to Pearland its right of extraterritorial jurisdiction in
and to the territory described in Exhibit A as Tracts 2 and 3. Because of the proximity
of the boundary of Pearland to Tracts 2 and 3, both tracts will become part of Pearland's
ETJ upon the release thereof by Alvin.
Section 4. Acceptance of ETJ. Pearland hereby accepts Tracts 2 and 3 into its ETJ
effective immediately upon the release thereof by Alvin as described above.
Section 5. Annexation and Dissolution of MUD 21; Allocation of Assets and
Liabilities.
a. Effective upon the release of Tracts 2 and 3 by Alvin, the Tract 1 portion of MUD
21 will be located entirely within the full -purpose jurisdiction of Alvin, and the
remaining portion of MUD 21 will be located in the ETJ and full -purpose jurisdiction of
Pearland. Upon the full -purpose annexation by Pearland of MUD 21, outside of and
excluding Tract 1, MUD 21 will be located entirely within two municipalities; therefore,
the provisions of Sec. 43.076(c), Texas Local Government Code, shall apply, relating to
the dissolution of MUD 21 and the division of assets and liabilities of MUD 21 between
the two cities, Pearland and Alvin. This Section constitutes an agreement among
Pearland, Alvin and MUD 21 under Sec. 43.076(c).
b. Alvin, Pearland and MUD 21 agree that, upon the annexation of the portion of
MUD 21 located in Pearland's ETJ, MUD 21 will be dissolved. The date specified for
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such dissolution is 90 days following the effective date of the ordinance adopted by
Pearland effecting such annexation.
c. The Pearland portion of MUD 21 represents the entirety of developable land
within MUD 21, and therefore, any taxable value, and the assets and liabilities of MUD
21 attributable to the Alvin portion of MUD 21, are hereby found by Pearland and Alvin
to be and shall continue to be negligible. As a result, upon the dissolution of MUD 21,
Alvin will be allocated no assets or liabilities of MUD 21. MUD 21 has no bonds or
other debt to which the revenues of the District are pledged, and the District shall not
incur any such debt without the consent of Pearland and Alvin.
Section 6. MUD 21. Alvin and Iowa Colony hereby consent to the inclusion of the
land described in Exhibit A to be within the boundaries of MUD 21.
Section 7. Miscellaneous.
a. 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.
b. Remedies. In the event of a default hereunder, the remedies of the non -
defaulting party shall be limited to 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.
c. Beneficiaries. This Agreement shall bind and inure to the benefit of the
Parties, their successors and assigns, and no other person or entity.
d. 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, and that such provision be
reformed and construed in such a manner that it will, to the maximum extent
practicable, be deemed validated and enforceable.
f. Waiver. Any failure by a party hereto to insist upon strict performance by the
other party of any provision of this Agreement shall not be deemed a waiver thereof or
415255 3
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.
g. Exclusive agreement. This Agreement is the exclusive agreement of the Parties
with respect to the subject matter hereof.
h. Amendments and modification. This Agreement may not be amended or
modified except by written instrument approved by each of the governing bodies and
executed by authorized representatives of each party.
i. Judicial enforcement. The Parties each agree and covenant that this Agreement
shall be judicially enforceable in law and in equity as a contract and an extraterritorial
jurisdiction agreement between the Parties, and shall be binding upon all future
governing bodies of each of the Parties. The Parties further agree and covenant that, the
corporate city limits and ETJ of Alvin, Pearland and Iowa Colony as adjusted and
agreed to in this agreement shall be binding on each of the Parties.
j. Execution in counterparts. This Agreement may be simultaneously executed
in several counterparts, each of which shall be an original and all of which shall be
considered fully executed as of the date when all of the Parties have executed an
identical counterpart, notwithstanding that all signatures may not appear on the same
counterpart.
k. Release and waiver. The Parties each release and waive any and all claims
and rights, if any, with respect to any present or future ETJ over or upon the land and
geographic areas that are shown on Exhibit A as being released as provided in this
Agreement.
Section 8. Effectiveness. This Agreement shall not be effective unless
approved by ordinance or resolution adopted by Alvin, Iowa Colony, Pearland, and
MUD 21, and fully executed original counterparts thereof being provided to the Parties
within 90 days of the date first written above.
[Execution page follows.]
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Executed in multiple counterparts as of the date first above written.
CITY OF ALVIN , TEXAS CITY OF IOWA COLONY, TEXAS
A:1 Mayor #01-6:AA0- Mayor
ATTEST: ATTEST:
("Wl'4 0 r)/P-C,e
City Clerk
City Secretary
CITY OF PEARLAND , TEXAS BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 21
Mayor President
ATTEST:
Secret
ATTEST:
Secretary
Executed in multiple counterparts as of the date first above written.
CITY OF ALVIN , TEXAS CITY OF IOWA COLONY, TEXAS
Mayor Mayor
ATTEST: ATTEST:
City Clerk City Secretary
CITY OF PEARLAND , TEXAS
Mayor
ATTEST:
415255 5
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NO. 21
ATTEST:
Secretary
Exhibit A
Tracts 1, 2, and 3
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SAVANNAH COMMERCIAL
RESERVE NO. 2
VOL. 22. PG. 173-176
B.C. P.R.
RESERVE
"D"
BLOCK
4. C S gC7?ON 1� A- SURVEY
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cx)• y pr
F ,A P.
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RESERVE 'A' RE^Sr^ERVE ---------------
�ORPORATE L !M/7OF
------ - r -17Y OF PEARL ANS ■���r
N86.42'55'E 1269.06' ORD. NO. 3 / (DA TE0 JUNE 30,
scaler r • 200'
RESERVE 'B"
• Exlst.Clty of Alvin Corporate Limits
- De -Annexed City of Alvin Corporate Limits (2.402 ACJ -
- Annexed Clty of Alvin Corporate Limits (21)76 ACJ -
- Area to Be Removed Iowa Colony ETJ (6.655 AC) - Q
NOTES:
1.'Tnis document was prepared under 22 TAC 3 66321. doss not reflect tie revers of an
en tis ground Survey, and Is not to be used to convey or estabilsh Interests In reol properly
except those rights and Interest Wiled or established by the creation or recoMlgurotlon of
the boundary of the ponticdl subdivision for which It was prepared.'
2. at beorlrps referenced to I/O Texas State Plane Coordinate System.South Central Zone.
NAD 83 8993 adjustment).
3. Subject trod lies within the corporate !Nits of the Cly of AMn, Texas and the ETJ of
tie Cly of Iowa Go!or'. Taxes.
fy
P.O.B.
HAZEL DELL ADDITION
VOL. 8, PG. 41
B.C. P. R.
DE -ANNEXATION AND
ANNEXATION SUMMARY
BRAZORIA COUNTY MUNICIPAL
UTILITY DISTRICT NUMBER 21
IN THE
H. T. & B. R. R. CO. SURVEY
SECTION 69, A-280
BRAZORIA COUTNY, TEXAS
FEBRUARY 2013 JOB NO.1874-2011-101
WA EngineKing, Inc.
2929 Bdarpark Drive
Suite 600
Houston, Texas 77042
111
Plane 713.953.5200
Fax 713.953.5026
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