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R2001-0115 08-27-01 RESOLUTION NO. R2001-115 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 HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE ACQUISITION, DEMOLITION, AND MAINTENANCE OF CERTAIN PROPERTIES LOCATED IN HARRIS COUNTY THAT WERE FLOODED AS A RESULT OF TROPICAL STORM ALLISON. 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 Harris County Flood Control District, 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 Harris County Flood Control District for the acquisition, demolition, and maintenance of certain properties located in Harris County that were flooded as a result of Tropical Storm Allison. PASSED,APPROVED and ADOPTED this the 27 day of August A.D., 2001. TOM REID MAYOR ATTEST: - 4 .‘�// /I /1, _ Y4 NG L!J F ► = J / SE Loy- TARP APPROVED AS TO FORM: M • ` o-L DARRIN M. COKER CITY ATTORNEY d• INTERLOCAL AGREEMENT BY AND BETWEEN CITY OF PEARLAND, TEXAS AND HARRIS COUNTY FLOOD CONTROL DISTRICT REGARDING FEMA HOME BUYOUT THE STATE OF TEXAS § • COUNTIES OF HARRIS, BRAZORIA § AND FORT BEND § THIS AGREEMENT is made, entered into, and executed pursuant to the Interlocal Cooperation Act (TEX. GOV'T CODE ANN., Ch. 791) by and between the City of Pearland, Texas, a home rule municipality located in Brazoria, Fort Bend, and Harris Counties, Texas, hereinafter called "City," and the Harris County .Flood Control District, a body corporate and politic under the laws of the State of Texas, hereinafter called "District." WITNESSETH, that WHEREAS, after widespread flooding caused by Tropical Storm Allison, the City made an application to the Federal Emergency Management Agency (FEMA), on July 24, 2001, for acquisition of homes damaged by floodwaters; and WHEREAS, on August 7, 2001, FEMA notified the City of approval of said grant, providing $7.65 million for acquisition and demolition of approximately 96 flood-prone homes, of which approximately six (6) are located within both the City and Harris County; and WHEREAS, on August 21, 2001, Harris County Commissioners Court authorized the District to participate with the City in a project to acquire and demolish flood-prone homes located within the City and within Harris County (the "Project"). NOW THEREFORE, for and in consideration of the mutual obligations and benefits to be derived hereunder, the City and the District do hereby agree as follows: The City shall provide a list of homes damaged by Tropical Storm Allison and an estimated budget for the acquisition and demolition of such homes, hereinafter "Project Cost," located within the City that are also within Harris County, not later than thirty (30) days after the date of execution of this Agreement. II. Within thirty (30) days after receipt of the list and budget provided by the City, and acceptance thereof by the District, the District shall transfer funds for the estimated 25% local share lof the Project Cost to the City. Ill. Within thirty (30) days after the completion of the Project, the City shall submit to the District a final accounting of the Project Cost, and shall reimburse to the District any available remaining funds, together with any earnings thereon. IV. The City shall be responsible only for identifying homes to be acquired and purchased, for managing the Project, and for maintenance of the properties acquired, but shall not be responsible for any portion of the Project Cost under this Agreement. V. The City shall administer the identification, acquisition, and demolition of homes in accordance with established FEMA rules and regulations and applicable laws of the State of Texas and shall manage and maintain any property acquired in connection with this Agreement in accordance with established FEMA rules and regulations. VI. The City shall acquire all properties purchased pursuant to the Project and the District shall have no ownership interest in or responsibility for maintenance of the acquired properties. The City shall dedicate to the public a permanent and perpetual easement for use of the acquired properties by a public agency for stormwater detention storage, flood mitigation, and/or park purposes, subject to approval by FEMA. Plans for any construction on the acquired properties, or that use any of such properties for the purposes listed herein, shall be submitted in advance to the Director of the District for review and approval. VII. All funds made available under this Agreement shall be used solely for the acquisition and demolition of homes located within Harris County, Texas. . VIII. In the event the Project Cost will exceed the total amount of the FEMA grant and the amount made available hereunder by the District, the City shall have the following four (4) options: 1. The City may elect to pay the additional cost and continue with the Project. 2. The City may elect not to proceed with the Project and terminate the Project without further obligation to either party, except to return any unexpended funds tendered pursuant to this Agreement, together with any earnings thereon. 3. The City and the District may agree to modify the scope of the Project to reduce the Project Cost and thereafter proceed with the Project, as modified. -2- 4. The City may notify the District of the estimated Project Cost and undertake to negotiate for payment of all or part of the additional Project Cost. If the parties agree in writing by amendment to this Agreement to pay the additional cost, the District shall transmit to the City such funds as are necessary to satisfy its obligation for the additional cost of the Project and the City shall proceed with the Project. If the parties fail to agree on an allocation of the additional cost, then the City may proceed under one of the other three options above. • IX. The City and the District agree and understand that, in performance of this Agreement, all employees of the City shall remain City employees and shall not be considered agents, employees or borrowed servants of the District, and all employees of the District shall remain employees of the District and shall not be considered agents, employees or borrowed servants of the City. This Agreement is not intended to and shall not create a joint enterprise between the parties. The parties are undertaking a governmental function or service under this Agreement and the purpose hereof is solely to further the public good, rather than any pecuniary purpose. The City shall have a superior right to control the direction and management of the Project and the responsibility for day-to-day management and control of the properties acquired pursuant to this Agreement, except as may otherwise be provided herein. X. The City and the District each hereby agree, to the extent allowable by law, to release the other, its officers, agents, and employees for any claims for Injury or death of any person or any property damage arising out of each party's respective performance of obligations under this Agreement. Xl. Either party hereto may terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other party and, upon termination under this provision, neither party shall have any further obligation hereunder, except to return any unexpended sums tendered pursuant to this Agreement, together with any earnings thereon. XII. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. XIII. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. This Agreement and all obligations created hereunder shall be performable in Harris, Brazoria, and Fort Bend Counties, Texas. -3- XIV. No party hereto shall make, in whole or in part, any assignment of this Agreement or any obligation hereunder without the prior written consent of the other party. XV. • All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the City at the following address: City of Pearland 3519 Liberty Drive Pearland, TX 77581 Attention: Bill Eisen All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the District at the following address: Harris County Flood Control District 9900 Northwest Freeway Houston, TX 77092 Attention: Director All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. XVI. It is expressly understood and agreed between the parties, such understanding and agreement being of the absolute essence to this Agreement, that the maximum sum the District has available for completion of the Project is the sum hereinbelow certified as available therefor by the County Auditor, and that when the District has expended such sum to meet its obligations hereunder, the District shall have no further obligation or duty under the terms of this Agreement, notwithstanding any word, statement, or thing contained in or inferred from the provisions hereof, which might in any light by any person be construed to the contrary. XVII. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing signed by both parties hereto. -4- EXECUTED in triplicate originals ATTEST: CITY OF PEARLAND, TEXAS By By Mel;Kda Wels1.. Bill Eisen • be fLL+y City Secretary City Manager APPROVED AS TO FORM: By 0 aM ((.r..,fYlk- . eLi ILL Darrin M. Coker City Attorney APPROVED AS aTO FORM: MICHAEL A. STAFFORD HARRIS COUNTY FLOOD CONTROL County Attorney DISTRICT • By By PAUL TAPARAUSKAS ROBERT ECKELS, County Judge Senior Assistant County Attorney Section Chief, Flood Control Section -5- THE STATE OF TEXAS § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on , with the following members present, to-wit: Robert Eckels County Judge El Franco Lee Commissioner, Precinct No. 1 James Fonteno Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 Jerry Eversole Commissioner, Precinct No. 4 and the following members absent, to-wit: constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND, TEXAS AND HARRIS COUNTY FLOOD CONTROL DISTRICT REGARDING FEMA HOME BUYOUT Commissioner introduced an order and made a motion that the same be adopted. Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: AYES: NAYS: ABSTENTIONS: The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, after widespread flooding caused by Tropical Storm Allison, the City made an application to the Federal Emergency Management Agency (FEMA), on July 24, 2001, for acquisition of homes damaged by floodwaters; and WHEREAS, on August 7, 2001, FEMA notified the City of approval of said grant, providing $7.65 million for acquisition and demolition of approximately 96 flood-prone homes, of which approximately six (6) are located within both the City and Harris County; and WHEREAS, on August 21, 2001, Harris County Commissioners Court authorized the District to participate with the City in a project to acquire and demolish flood-prone homes located within the City and within Harris County (the "Project"). NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: County Judge Robert Eckels is hereby authorized to execute for and on behalf of the Harris County Flood Control District, an Agreement by and between the Harris County Flood Control District and the City of Pearland to participate in a project for the acquisition and demolition of homes located within the City of Pearland and within Harris County damaged by Tropical Storm Allison, said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein. eng pearland interlocal AUDITORS CERTIFICATE FOR AN INTERLOCAL AGREEMENT BY AND BETWEEN THE HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF PEARLAND, TEXAS I hereby certify that funds are available in the amount of$600,000.00 to accomplish and pay the obligation of the Harris County Flood Control District under the Interlocal Agreement, a copy of which is attached hereto, between the Harris County Flood Control District and the City of Pearland, Texas, approved by Commissioners Court on September 11, 2001. County Auditor