R2019-177 2019-08-12 RESOLUTION NO. R2019-177
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 with
Brazoria Drainage District No. 4 ("BDD4") regarding the purchase of real
property for the construction of drainage detention, in the amount of
$1,607,872.00 (City portion $1,007,872.00 and BBD4's portion $600,000.00).
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 and
BDD4 , 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 BDD4.
PASSED, APPROVED and ADOPTED this the 12th day of August, A.D., 2019.
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MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No.
R2019-177
INTERLOCAL AGREEMENT
This Agreement, made and entered into by and between the City of Pearland, a
home rule municipality incorporated under the laws of the State of Texas, hereinafter
called ("City") and Brazoria Drainage District No. 4, a body corporate and politic under
the laws of the State of Texas, hereinafter called ("District");
RECITALS
Whereas, City is responsible for purchasing land and constructing a detention
pond on the Hickory Slough channel in conjunction with the construction of the Mcllard
Road Project, hereinafter ( "Project"); and
Whereas, the Project detention pond design allocates 13.702 acres to provide a
maximum volume of 54.13 acre feet of detention volume for McHard Road and
associated improvements; and
Whereas, City seeks to acquire land for the location and construction of the 54.13
acre feet of detention required for the Project ("Project Detention Volume"); and
Whereas, District and City seek to provide regional drainage improvements to
regional drainage infrastructure throughout its designated area of responsibility;
Whereas, District and City seek to construct 1200 plus acre feet of detention
volume ("Additional Detention Volume") along a section of Hickory Slough channel
that can co-exist alongside City detention requirements for the Project; and
Whereas, this Agreement is entered into pursuant to the authority of the
Interlocal Cooperation Act, V.T.C.A. Gov. Code Sec. 791.001 et seq.
WITNESSETH
NOW THEREFORE, in consideration of the mutual covenants, agreements and
benefits to the parties herein named, it is hereby agreed as follows:
I. City and District Responsibilities
A. City shall, in the course of the Project, develop specific detention volume
calculations and a general design of drainage and storage for a detention
pond to serve the Project. The design shall include drainage outfalls, pipe
sizes and locations, slope paving and anti-erosion structures and a single
pond outfall structure to connect to Hickory Slough and be designed to
release detained water volumes at the prescribed rates according to City
and BDD4's drainage requirements for Hickory Slough.
B. City shall negotiate the acquisition of a 35.9096 acre tract of land located
adjacent to Hickory Slough and in close proximity to the Project
("Property"), attached hereto as Exhibit A. City shall acquire the
Property for $1,598,706.00 plus closing costs, and shall dedicate the
Property for use as a regional detention facility. City has established
wetland mitigation requirements for a 13.07 acre portion of the Property.
The mitigation requirements shall be constructed offsite and shall not be
considered a component of the Pond, and BDD4 shall not be required to
construct or compensate the City for any mitigation requirements
associated with the Project.
C. Within 10 days of written notification by the City that the Property has
been purchased, currently scheduled for August 13th, 2019, District shall
contribute a $600,000.00 cash payment to the City which shall be applied
to the purchase of the Property. District shall perform the necessary design
to provide the Regional Detention Volume on the Property, provide the
plans required to obtain permits and authorizations for the construction of
this Additional Detention Volume and construct the additional detention
volume. All Additional Detention Volume constructed shall be applied
against the regional detention needs as provided herein and may be
constructed according to the District's schedule.
D. Upon completion of the Project's Detention Volume, City shall dedicate
the entire Property, save and except that certain 6.460 acres dedicated as
Public Right of Way, to District for public drainage improvements.
District shall accept the entire Property, and shall maintain the Property as
one single facility with the exception of the drainage outfalls installed as
part of the Project, which shall be installed by the City's contractor and
maintained by the City.
E. City and District agree, that upon final completion and an accounting of
the costs for the Regional Detention Pond, both parties shall participate in
a 50-50 sharing of the total cost of the Regional Detention facility,
including but not limited to design and construction.
H. CURRENT FUNDS AVAILABLE
Both parties hereto represent that they have appropriated sufficient funds to
satisfy their respective obligations under this Agreement.
III. MISCELLANEOUS
A. City and District recognize and agree that City, in performance of this
agreement, shall act as an independent contractor and shall have control of
its own work and the manner in which it is performed.
B. City and District recognize and agree that the District, in performance of
this Agreement, shall act as an independent contractor and shall have control
of its own work and the manner in which it is performed.
C. City and District shall comply with all applicable laws, regulations and
requirements in performance of their respective obligations under this
agreement.
D. City and District recognize and agree that nothing herein shall be
construed to create any rights in third parties.
E. City and District agree that no party shall have the right to seek
indemnification or contribution from any other party hereto for any losses,
costs, expenses, or damages directly or indirectly arising, in whole or part
form this Agreement.
F. Whenever possible, each provision of this agreement shall be interpreted
in such a manner as to be effective and valid under applicable law, but if any
section, subsection, paragraph, sentence, clause, phrase, work or portion of
this Agreement is, for any reason, held invalid unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions thereof.
G. The Rights and Obligations of this Agreement shall not be assigned
without prior written consent of the City and District.
H. This Agreement may only be amended, modified, or supplemented in
writing and subsequently signed and dated by the City, as acted upon by its
City Council and the District, as acted upon by its Board of Commissioners.
Each person signing below represents that he or she has read this Agreement in its
entirety, including any and all attachments and exhibits, understands its terms, is duly
authorized to execute this Agreement on behalf of the party indicated by his or her name
below and agrees on behalf of said party that the party will be bound by these terms.
SIGNED and ENTERED his J'1 day of , 2019.
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BRAZORIA DRAINAGE DISTRICT No.4
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