R2000-028 03-13-00RESOLUTION NO. R2000-28
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
P ERMITTING THE COUNTY TO FURNISH A HERBICIDE SPRAY TRUCK
WITH OPERATOR TO THE CITY OF PEARLAND FOR A PERIOD OF
FOUR WORK WEEKS IN APRIL, MAY, AND JULY OF 2000, TO SPRAY
STREET RIGHTS -OF -WAY IN THE CITY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
S ection 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.
S ection 2. That the City Manager or his designee is hereby authorized to
e xecute and the City Secretary to attest the original of the attached agreement for and
o n behalf of the City of Pearland, to cooperate with Brazoria County's furnishing of a
herbicide spray truck with operator to the City of Pearland for a period of four work
weeks during April, May, and July of 2000, to spray street rights -of -way in the City.
PASSED AND APPROVED on this the 13th
A.D., 2000.
ATTEST:
aril/ram SIMet -'
,TYsr'RETARY
sr; ler
day of March
TOM REID
MAYOR
RESOLUTION NO. R2000-28
APPROVED AS TO FORM:
wig ih- ICCd&L
DARRIN M COKER
CITY ATTORNEY
2
THE STATE OF TEXAS §
COUNTY OF BRAZORIA
INTERLOCAL AGREEMENT BETWEEN
BRAZORIA COUNTY AND THE CITY OF PEARLAND
NO. 00-0013
This Agreement is made between BRAZORIA COUNTY and the CITY OF
PEARLAND, hereinafter referred to as the COUNTY and the CITY respectively.
RECITALS
WHEREAS, the CITY wishes to control growth of weeds and grass on street
rights -of -way located within the municipal limits of the CITY; and
WHEREAS, the CITY has requested the COUNTY's assistance in providing a
spray truck with operator to spray street rights -of -way; and
WHEREAS the COUNTY has agreed to utilize Brazoria County Road & Bridge
equipment and employees to perform this. work pursuant to the authority of Tex.
Transp. Code *251.015, and the Interlocal Cooperation Act, Tex. Gov. Code Sec.
791.001 et. seq., subject to the conditions and limitations of this Agreement;
NOW THEREFORE, the CITY and COUNTY agree as follows:
1.01 COUNTY agrees to supply a herbicide spray truck with operator, for a period of
four workweeks during April, May, and July, 2000, to spray street rights -of -way
1 02 The CITY agrees to furnish all materials, and in the event COUNTY costs in
spraying rights -of -way exceed $3 000, the CITY shall pay, from the point in time that
COUNTY's costs equal the sum of $3,000, the labor costs and the hourly value of the
COUNTY'S own equipment used, plus any other costs associated with the use of any
of the equipment including the fuel used by the equipment. The value of the
COUNTY'S own equipment shall be those hourly rates which have been previously
established by the COUNTY for each item of its equipment, multiplying the same by the
number of hours such equipment has been utilized in excess of the point in time when
COUNTY s costs equaled the sum of $3,000.
1 03 The parties intend that COUNTY, in performing such services, shall act as an
independent contractor and shall have control of the work and the manner in which it is
performed. COUNTY is not to be considered an agent or employee of CITY.
1.04. To the extent permitted by law CITY agrees to assume the risk of, fully
indemnify, hold harmless and defend COUNTY, its agent, officers and employees from
any and all loss, damage, cost demands and causes of action of any nature or kind, for
Toss or damage to property, or for injury or death to persons, arising in any manner from
the performance of the above referenced work.
1.05. COUNTY executes this Agreement by and through the County Judge acting
pursuant to Order of the Commissioners Court so authorizing, and the CITY executes
this Agreement by and through its Mayor acting pursuant to authorization of its City
Council.
1.06. Nothing herein shall be construed to make either party a purchaser or consumer
of goods or services from the other.
1.07. Nothing herein shall be construed to create any rights in third parties.
IN TESTIMONY OF WHICH, witness our signatures on the execution dates herein
below.
CITY OF PEARLAND
•
BRAZORI • NTY, TEXAS
By:
CITY MANAGECO ' '1 DGE
CITY OF PEARLAND B ;; i ORIA COUNTY, TEXAS
Date signed: 3//tb-41 r ate signed: 2 4 / v 0
pl `fit
uw =+ •w
CERTIFICATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA & HARRIS
I, Young Lorfing, City Secretary of the City of Pearland, Texas, hereby certifies
that the attached constitutes a true and correct copy of RESOLUTION NO. R2000-28
duly passed and approved by the City Council on the 13th day March 2000.
Witness my hand and seal of the City of Pearland, Texas, this 14th day of March
2000, at Pearland, Texas.
a4`/✓/ 44,- 4S
AirS:tary
Y
(SEAL)
•
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581-5416-19 e (281) 485-2411 • www.ci.pearland.tx.us