R2018-083 2018-06-11 RESOLUTION NO. R2018-83
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 County for paving services, in the estimated amount of$425,000.00
for the period of October 1, 2017 through September 30, 2018.
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
Brazoria County, 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 Brazoria County.
PASSED, APPROVED and ADOPTED this the 11th day of June D., 2018.
TOM REID
MAYOR
ATTEST:
QEP`RLA!Vp
Y S' � -ETARY d
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No. 2018-83
Exhibit
INTERLOCAL AGREEMENT BETWEEN BRAZORIA COUNTY, TEXAS,AND
THE CITY OF PEARLAND, TEXAS
Is18-0013
This Interlocal Agreement (this "Agreement") is made effective as of the Effective Date
(as defined below), by and between BRAZORIA COUNTY, TEXAS, acting through its
Commissioner's Court (the "County"), and the CITY OF PEARLAND, TEXAS, acting through
its Mayor and/or City Manager (the "City"). The City and the County may be referred to
individually as a"Party"and collectively as the "Parties."
WHEREAS, Texas Transportation Code §311.001 authorizes the City to exercise
exclusive control over and under the public highways, streets, and alleys of the municipality; and
WHEREAS, The Interlocal Cooperation Act, Texas Government Code § 791.001 et seq.,
authorizes the City to enter into an interlocal agreement with the County subject to the conditions
and limitations of this Agreement; and
WHEREAS, Texas Transportation Code §251.012 provides that with the approval of the
City, the County may spend County money to finance the construction, improvement,
maintenance, or repair of a street or alley in the City, including the provision of County
equipment,materials, and labor as set forth therein; and
WHEREAS, City warrants that it's City Council approved this agreement by Resolution
R 2ot4•Z dated tQ - 1 l , 2017 authorizing its Mayor and/or City Manager to execute it on
City's behalf.
WHEREAS, County warrants that its Commissioners' Court approved this agreement by
Court Order No. 1 .3. 3 dated / +/y) 011, 2QJ�' authorizing its County. Judge to
execute it on the County's behalf, and specifically approving the Project listed in this Interlocal
Agreement.
NOW, THEREFORE, the County and the City agree as follows:
1. Payments from Current Revenues. Each Party paying for the performance of
governmental functions or services agrees to make those payments from current revenues
available to that paying Party.
2. Term. This Agreement shall commence on the Effective Date and shall terminate
under the conditions set forth herein.
3. Project. The project(s) consist of those included on Attachment"A". ("Project").
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10. No Joint Enterprise. The Agreement is not intended to, and shall not be
construed to, create any joint enterprise between or among the Parties.
11. Venue and Applicable Law. This Agreement is subject to all present and future
valid laws, orders, rules, ordinances, and regulations of the United States of America,the State of
Texas, the Parties, and any other regulatory body having jurisdiction. This Agreement shall be
construed and governed according to the laws of the State of Texas. The sole venue for any
action, controversy, dispute, or claim arising under this Agreement shall be exclusively in a court
of appropriate jurisdiction in Brazoria County, Texas.
12. Public Information. This Agreement is public information. To the extent, if any,
that any provision of this Agreement is in conflict with Texas Government Code Chapter 552 et
seq., as amended (the "Texas Public Information Act"), such provision shall be void and have no
force or effect.
13. No Third-Party Beneficiaries. This Agreement is entered solely by and between,
and may be enforced only by and among the Parties. Except as set forth herein, this Agreement
shall not be deemed to create any rights in, or obligations to, any third parties.
14. No Personal Liability. Nothing in this Agreement shall be construed as creating
any personal liability on the part of any employee, officer, or agent of any Party to this
Agreement.
15. No Indemnification by City or County. The Parties expressly acknowledge that
the City's and the County's authority to indemnify and hold harmless any third party is governed
by Article XI, Section 7 of the Texas Constitution, and any provision that purports to require
indemnification by the City or the County is invalid. Nothing in this Agreement requires that
either the City or County incur debt, assess or collect funds, or create a sinking fund.
16. Sovereign Immunity Acknowledged and Retained. THE PARTIES
EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS
AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY
PARTY OF ANY IMMUNITY FROM SUIT OR LIABILITY THAT A PARTY MAY
HAVE BY OPERATION OF LAW. THE CITY AND THE COUNTY RETAIN ALL
GOVERNMENTAL IMMUNITIES.
17. No Assignment. This Agreement shall not be assigned by either Party without the
express written consent of the other Party.
18. Entire Agreement. This Agreement, including the exhibits, contains the entire
agreement between the City and the County pertaining to the project contemplated hereby and
fully supersedes all prior agreements and understandings between the City and the County
pertaining to such transaction.
19. Modification. The Agreement cannot under any circumstance by modified orally,
and no agreement shall be effective to waive, change, modify, or discharge this Agreement in
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whole or in part unless such agreement is in writing and is signed by both the City and the
County.
20. Effective Date. The Effective Date of this Agreement shall be the date on which
the second of the two Parties executes this Agreement.
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AGREED and SIGNED to be effective as of the Effective Date.
COUNTY: CITY:
BRAZORIA COUNTY, TEXAS THE CITY OF PearLa.�c( , TEXAS
1
By: By: 2SG
L.M. "Matt" Sebesta, Jr.
Brazoria County Judge Mayor/City Manager
DATED: 5' 9:7- 1$ DATED: D 1a . l j . ! g
ATTEST:
Ui yR
!�
By:
ity Secrdt�ry
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