R2017-030 2017-02-13RESOLUTION NO. R2017-30
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 between
the City of Pearland, Lower Kirby Pearland Management District, and the
Pearland Municipal Management District No. 1 (collectively, the "Districts") for
maintenance of improvements associated with the Gateways and Corridor
Enhancements Master Plan serving the Districts.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland, Lower
Kirby Pearland Management District and the Pearland Municipal Management District No. 1, 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 an Interlocal Agreement with the City of Pearland, Lower Kirby Pearland
Management District and the Pearland Municipal Management District No. 1.
PASSED, APPROVED and ADOPTED this the 13'1 day of February, A.D., 2017.
ATTEST:
PUNG �J FTNG,
TY S #' ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2017-30
Exhibit "A"
COST SHARING INTERLOCAL AGREEMENT FOR MAINTENANCE
OF IMPROVEMENTS
This Cost Sharing Agreement for Maintenance of Improvements
("Agreement") is entered into and made effective this 1st day of January, 2017,
(the "Effective Date"), by and between PEARLAND MUNICIPAL
MANAGEMENT DISTRICT NO. 1, a municipal management district and
political subdivision of the State of Texas, ("PMMD1 "), LOWER KIRBY
PEARLAND MUNICIPAL MANAGEMENT DISTRICT, a municipal
management district and political subdivision of the State of Texas, ("LKPMD")
(collectively, the "Districts") and THE CITY OF PEARLAND, TEXAS, a home
rule municipality in the State of Texas (the "CITY") (individually, a "Party", and
collectively, the "Parties").
RECITALS
Whereas, the Districts were created as municipal management districts
under Article XVI, Section 59, and Article III, Sections 52 and 52-a, Texas
Constitution; and
Whereas, the Districts operate under Chapter 375, Texas Local
Government Code; and certain provisions of Chapters 49 and 54, Texas Water
Code; and
Whereas, the both of the Districts are located wholly within the
boundaries of the CITY; and
Whereas, certain road improvements (including, but not limited to traffic
related items, street lighting and streetscape), water and sanitary sewer
improvements, and drainage improvements are located within the boundaries of
the Districts and are more accurately described and shown on the attached
Exhibit A (the "Improvements"); and
Whereas, the City plans to make approximately $1.5 Million in Streetscape
Improvements to Kirby Drive, including the installation of entry signs for the
Districts' surrounding area, in conjunction with the Pearland Economic
Development Corporation, which will be maintained by the Districts; and
Whereas, the Parties desire to establish the maintenance and cost sharing
responsibilities and associated with the Improvements; and
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AGREEMENT
Section 1. Recitals. The recitals set forth above are declared true and
correct and are hereby incorporated as part of this Agreement.
Section 2. Shared Maintenance Items. The Parties agree that the
maintenance costs of certain portions/segments of the Improvements shall be
shared by the Districts in accordance with the percentages reflected on Exhibit B.
LKPMD and PMMD1 agree and recognize that they have already entered into
separate cost sharing agreements for the maintenance of: (i) all regional drainage
and park improvements which are part of the duly adopted Master Drainage Plan;
and (ii) aesthetic improvements to be constructed by the CITY and Pearland
Municipal Management District No.2 (or one of its related entities) along State
Highway 288 ("Additional Improvements"). Consequently, the maintenance
responsibilities of the Additional Improvements are not affected by this
Agreement.
Section 3. Streetscape Improvements. Streetscape Improvements are
defined as those improvements that are located within (a) the roadway right-of-
way ("ROW") or (b) surrounding detention ponds/lift stations ("Public Facilities)
and include the following (the "Streetscape Improvements"):
• Landscape plantings including trees, shrubs, groundcover, mulch
and grass,
• Hardscape pavers,
• City and Districts vicinity entryway signage,
• Irrigation systems, and
• Lighting and electrical components.
Maintenance of Streetscape Improvements include:
• Mowing, edging, and trash removal in medians and shoulders and
other future right of ways,
• Hardscape weed control,
• Mulching,
• Weeding,
• Irrigation and site inspections,
• Irrigation repairs,
• Fertilization,
• Shrub and tree pruning,
• Entryway signage maintenance and repairs, and
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• Monthly electrical use.
Section 4. CITY Responsibilities. The CITY shall be responsible for the
maintenance of all roadways (pavement to top of curb), street lights, traffic signal
and related improvements, sidewalks, lift stations, and all water, sanitary sewer
and storm sewer lines included in the Improvements (the "CITY Improvements").
The CITY shall provide water to the Districts for irrigation and maintenance of
Streetscape Improvements located in the road ROW, and all Streetscape
Improvements located outside the ROW shall be maintained and irrigated at the
Districts' expense.
Section 5. LKPMD Responsibilities. LKPMD shall be responsible for all
costs associated with the maintenance and replacement of the Streetscape
Improvements within its boundaries. Streetscape Improvements specifically
include the cost of electricity for City and Lower Kirby vicinity entryway signage
and irrigation systems along the roadways within LKPMD boundaries. In
addition, LKPMD shall be responsible for all costs associated with the
maintenance of Streetscape Improvements installed for public facilities located
within its boundaries; however, functional maintenance of the public facilities
shall remain the responsibility of the owner of each facility. Subject to an
amendment to this Agreement (or a separate agreement between appropriate
parties), LKPMD shall be responsible for all public parks located within its
boundaries. LKPMD shall be responsible for all public drainage improvements
(other than storm sewers in road ROW or abutting easements) located within its
boundaries that are not part of the Master Drainage Plan. LKPMD shall own all
City and Lower Kirby vicinity signage located within the both of the Districts as
well as all Streetscape Improvements located within its boundaries, and shall
obtain sufficient property/casualty insurance to protect against any damage or
loss to the signage or Streetscape Improvements. LKPMD shall obtain the CITY's
approval from the City Manager, or his designee, prior to its removal of any
Streetscape Improvements except for removal and replacement of any
improvements with like improvements. LKPMD shall not be required to obtain
permits from CITY in order to perform work in the ROW in order to perform its
maintenance responsibilities.
Section 6. PMMD1 Responsibilities. PMMD1 shall be responsible for all
costs associated with the maintenance and replacement of the Streetscape
Improvements within its boundaries. Streetscape Improvements specifically
include the cost of electricity for City and Lower Kirby vicinity entryway signage
and irrigation systems along roadways located within PMMD1 boundaries. In
addition, PMMD1 shall be responsible for all costs associated with the
maintenance of Improvements installed for public facilities located within its
boundaries; however, functional maintenance of the public facilities shall remain
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the responsibility of the owner of each facility. Subject to an amendment to this
Agreement (or a separate agreement between appropriate parties), PMMD1 shall
be responsible for all public parks within its boundaries. PMMD1 shall be
responsible for all public drainage improvements (other than storm sewers in road
ROW or abutting easements) located within its boundaries that are not part of the
Master Drainage Plan. PMMD1 shall obtain the CITY's approval from the City
Manager, or his designee, prior to its removal of any Streetscape Improvements
except for removal and replacement of any improvements with like
improvements. PMD1 shall not be required to obtain permits from CITY in order
to perform work in the ROW in order to perform its maintenance responsibilities.
Section 7. Contracting Responsibility. The Parties agree that LKPMD
shall contract for all maintenance and replacement responsibilities of the Districts
for the Improvements and Streetscape Improvements under this Agreement. The
Districts further agree that the maintenance obligations of the Districts shall meet
the minimum standards of the City's Roadway Maintenance Policy as it may be
amended from time to time. The Districts agree that, although a District may only
be responsible for a portion of costs of certain Streetscape Improvements, it must
timely pay to the contracting District it's pro rata cost share of the maintenance
obligations described herein. The Districts further agree that the contracting
District will invoice the other District for its' pro rata shares. Payments of invoices
shall be made within 45 days of receipt, and interest calculated at the rate of 1%
(one percent) per month shall be added to the principal amount of any late
payment. The District responsible for maintenance may take appropriate legal
action to collect late payments and seek to impose court costs and legal fees on the
delinquent Party.
Section 8. Term and Amendment. This Agreement shall be effective
when signed by the last party whose signing makes the agreement fully executed.
This agreement is perpetual and shall remain in effect for as long as the Districts
exist. No modification hereof or subsequent agreement relative to the subject
matter hereof shall be binding on either party unless reduced to writing and
signed by the parties.
Section 9. Entire Agreement and Law. This Agreement is the entire
Agreement between the Districts related to cost sharing of the Improvements and
Streetscape Improvements and no modification of this Agreement shall be binding
on any Party unless reduced to writing and signed by all of the Parties. This
Agreement shall be governed by the laws of the State of Texas.
Section 10. Not Assignable. This Agreement shall not be assignable.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in multiple copies, each of equal dignity, as of the date and year set
forth on the first page.
A FI EST:
By:
PEARLAND MUNICIPAL MANAGEMENT
DISTRICT No. 1
By:
President, Board of 4 rectors
Secretary, Board of Directors (SEAL)
A I'I'EST:
By:
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441410,,tINiNl*
LOWER KIRBY PEARLAND
MANAGEMEN DISTR CT
By:
Preside
cretary, Board of Directors (SEAL)
ATTEST:
By:
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rectors
CITY OF RL
By:
D, TEXAS
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Exhibit A
Map of Improvements
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Exhibit A
LOWER KIRBY PEARLAND
MUNICIPAL MANAGEMENT DISTRICT
DECEMBER. 2016
ROW MAINTENANCE
945.8 ACRES
LOWER KIRBY PEARLAND MGMT DIST
QPEARLAND MUNICIPAL MGMT DIST 1
_ DETENTION AND LIFT STATIONS (EXISTING AND FUTURE)
IMPROVED ROADS (ASPHALT)
- IMPROVED ROADS (CURB AND GUTTER)
- UNIMPROVED ROADS FUTURE
1 Inch = 700 feet
AERIAL PHOTOGRAPH DAIS: NEARMAP 2016
Exhibit B
Cost Shares and Responsibility
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Exhibit B
LKPMD & PMMD#1 ROW & Streetscape Maintenance
Itemized List
12/14/2016
ROW
Segment
ROW Description
Annual
Estimate`
% Share
Maintenance Funding
Responsibility
Improved Roads Curb & Gutter
D
Kirby Drive (1mile)
$ 98,000
100%
LKPMD
S
North Spectrum Existing (.25 mile)
$ 9,000
100%
LKPMD
F
North Spectrum Extension (.25 mile)
$ 9,000
100%
LKPMD
Improved Roads Asphalt
0
Hooper Road (.75 mile)
$ 15,570
100%
LKPMD
N
Fruge West of Kirby (.25 mile)
$ 5,190
100%
LKPMD
E
Riley Road (.75 mile)
$ 27,000
100%
LKPMD
Unimproved Roads Future
H
Promenade (.25 mile)
$ 24,500
50%
LKPMD
H
Promenade (.25 mile)
$ 24,500
50%
PMMD#1
I
Promenade (.25 mile)
$ 9,000
25%
LKPMD
I
Promenade (.25 mile)
$ 9,000
75%
PMMD#1
K
Promenade (.3 mile)
$ 10,800
100%
LKPMD
A
South Spectrum from Promenade to 288 (.3 mile)
$ 29,400
50%
LKPMD
A
South Spectrum from Promenade to 288 (.3 mile)
$ 29,400
50%
PMMD#1
B
South Spectrum from Promenade to Central Detention (.25 mile)
$ 9,000
10%
LKPMD
B
South Spectrum from Promenade to Central Detention (.25 mile)
$ 9,000
90%
PMMD#1
C
South Spectrum from Central Detention to Kirby (.25 mile)
$ 9,000
100%
LKPMD
M
Fruge East of Kirby (.25 mile)
$ 5,190
100%
LKPMD
L
Fruge East of South Detention (.3 mile)
$ 6,228
100%
LKPMD
P
Del Pappa Street (.75 mile)
$ 15,570
100%
LKPMD
R
New Road to Almeda (1 mile)
$ 36,000
100%
LKPMD
Q
Labrador (.75 mile)
$ 15,570
100%
LKPMD
Detention Ponds & Lift Stations
J
Kirby Drive Detention Pond
$ 9,600
100%
LKPMD
T
Hooper Road Detention Pond
$ 6,000
100%
LKPMD
Other ROW & Future Parks/Trails
All annual estimates are based on 24 visits except for detention ponds and lift stations, which are based on monthly visits.
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