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R99-103 11-22-99 RESOLUTION NO. R99-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTEF INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY FOF CONSTRUCTION, IMPROVEMENT, MAINTENANCE, OR REPAIR 01 STREETS OR ALLEYS WITHIN THE CITY LIMITS OF PEARLAND. -1EREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, l Section 1. That certain interlocal agreement by and between the City of P razoria County, a copy of which is attached hereto as Exhibit "A" and madE for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to l e City Secretary to attest the original of the attached agreement for and on b ty of Pearland, to cooperate with Brazoria County for construction, impro' !nance, or repair of streets or alleys within the City limits of Pearland. PASSED, APPROVED and ADOPTED this the 22nd day of November 999. c-Jn. ;~J TOM REID MAYOR ,T: ~- :RE~A G ~ STATE OF TEXAS 9 9 JNTY OF BRAZORIA 9 INTERLOCAL AGREEMENT This agreement IS made at Angleton, Brazoria County, Texas bet lZORIA COUNTY, TEXAS, acting through its Commissioners' Court (hereinafter "Cou THE CITY OF PEARLAND, TEXAS, acting through its Mayor (hereinafter "City"). NOW, THEREFORE, THE COUNTY AND THE CITY agree as follows: 1.0 The term of this agreement shall be from October 1, 1999, to September 30, AGREEMENT may be renewed annually by the written approval of County and City. 1.1 Pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 79 Texas Transportation Code, Section 251. 012, the County agrees to provide personm pment at its own expense to assist in the construction, improvement, maintenance and/or street or alley located within the corporate limits of the City of Pearl and, Texas, subject 'Oval ofthe County Engineer as set forth in Section 1.3, including necessary roadbed prepaI lalt paving, culverts and ditch work, installation of permanent traffic signs, and other routin ltenance operations. Any work performed on the City's streets and alleys which are] sral part of, or a connecting link to, other roads and highways is allowed if such w rmined to be a benefit to the County by Commissioners Court. All material used for a p uant to this agreement shall be paid for by the City. 1.2 The county work authorized by this AGREEMENT may be done: 1.3 During the term of this AGREEMENT when County work is requested, th lager ofthe City shall submit a request in writing to the County Engineer. The County En; the City Manager of the City shall agree in writing as to the location and type of assista rovided pursuant to this AGREEMENT. It is expressly understood between the parties tl nty shall have no authority or obligation to provide any service or work on any city st] y not so agreed to in writing. The County Engineer is authorized to sign an acceptance stat ~ach project at the appropriate time and authorize the work subject to be completed as the Bridge Department schedules permit. 1.4 The parties intend that the County in performing such services, shall act :pendent contractor and shall have control ofthe work and the manner in which it is perfc County shall not be considered an agent, employee, or borrowed servant of the City. 1.5 For and in consideration of the above agreement by the County, the City ag] ride all warning and safety signs and other safety protections as required when such \\ 19 performed by the County. 1.6 The parties further agree that such work and materials are provided by the ( lout warranty of any kind to the City or any third party. II. 2.0 To the extent authorized by law, the City hereby agrees to assume the risk of, d 1 harmless, and fully indemnify the County, its officers, agents, and employees from any, III. 3.0 Either party may terminate this agreement upon thirty (30) days' written notice r party. 3.1 Nothing herein shall be construed to make either party a purchaser of consul 1s or services from the other. 3.2 Nothing herein shall be construed to create any rights in third parties. SIGNED AND ENTERED this the / LEST: day of A 4n Lt 99. CITY OF PEARLAND, TEXAS Glen R. Erwin City Manager BRAZORIA COUNTY, TEXAS Bv• STATE OF TEXAS JNTY OF BRAZORIA BEFORE ME, the undersigned Notary Public, on this day personally apI 1 R. Erwin, known to me to be the person whose name is subscribed to the foregoing instr acknowledged to me that he executed the same for the purposes and consideration ti •essed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 23rd DA' Iovemher , A.D., 19 99 . MELISSA HARRIS Notary Public, State of Texas My Commission Expires July 19, 2003 STATE OF TEXAS JNTY OF BRAZORIA NOTARY PUBLIC, STATE OF TEXAS Commission Expires: 7-19-03 Printed Name: Melissa Harri s BEFORE ME, the undersigned Notary Public, on this day personally apI hn LU 1' 1 i , known to me to be the person whose name is subs, e foregoing instrumnt and acknowledged to me that he executed the same for the purpos >ideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 5 DA' 'ece,m b A..D 1999. JiLt-Tti ATl1'r A D V DT 'MT Tr CT A mi r r' MU -NT A C ANDS, P.E. ENGINEER (409) 864-1265 (281) 756-1265 (409) 864-1270 URTS, P.E. UNTY ENGINEER BRAZORIA COUNTY 200 EAST LOCUST, ROOM 10 ANGLETON, TEXAS 77515 mber 17, 1999 of Pearl and Ition: Young Lorting, Secretary Liberty Drive and, Texas 77588-5416 lnterlocal agreements Mayor and Councilpersons: )sed is your copy of the blanket interlocal agreement for Fiscal Year 2000, which permits the County to dc reds in your city. In order for work to be authorized, if you have not already done so, you will need to pr en request to my office stating the street and the work you are requesting on that street. In some ca<.;es, it r ;sary that Commissioners Court approve the requests. 1 receipt of your written request, I will be able to authorize the appropriate Road Superintendent to underta . as quickly as he is able to work it into his schedule. ",ill strive to do each city's projects within their preferred time frame. However, please be aware that num ~cts are underway at any given time, and some may have to be complettxl before the Superintendent is able )Iete your work. If you have special needs, we will attempt to work with you if you communicate those m .thce. Sincerely, 4..~u.J. ~ ,..- -r---61erly W. Lands, P.E. County Engineer I ,nt"'