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R2000-086 07-10-00RESOLUTION NO. R2000-86 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 FOR COOPERATION IN REPAIRING THE BRIDGE ON McLEAN ROAD AT MARY'S CREEK. 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 Drainage District No. 4, 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 the original of the attached interlocal agreement for and on behalf of the City of Pearland, for cooperation in repairing the bridge on McLean Road at Mary's Creek. PASSED, APPROVED and ADOPTED this the 10th day of July A.D., 2000. TOM REID MAYOR ATTEST: • J UNG 21"G TY S ►rm' ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY At the time that the Council packets went to press, staff was still waiting for the list of supplies required for the repair work and them cost from Brazoria Drainage District No. 4. That information will be used to create a draft of the interlocal agreement, which will be piovided prior to Monday's meeting. INTERLOCAL AGREEMENT BETWEEN CITY OF PEARLAND AND BRAZORIA DRAINAGE DISTRICT NO. 4 FOR REPLACEMENT OF THE McLEAN ROAD BRIDGE AT MARY' S CREEK This Agreement is dated as of the " Tip day of u, . , 20 O (), by and between the City of Pearland, Texas, acting through its City Manager or his designee ("City"), and the Brazoria Drainage District No. 4, acting through its General Manager ("District"). City and District, pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791, for the mutual consideration and covenants hereinafter set forth, agree as follows: ARTICLE I SCOPE OF SERVICES 1.1. City agrees to provide, at its own expense, the following supplies necessary for the replacement of the McLean Road bridge at Mary's Creek and road resurfacing associated with said replacement: • All creosote woods for the construction of the bridge • All resurfacing (asphalt work) of the bridge • Any necessary traffic control, flagmen, barricades, and signs • Notification to the general public • 1.2. District agrees to provide, at its own expense, all labor and equipment necessary to construct the wooden bridge. 1 1.3. Louis Robertson, the City's Superintendent of Streets and Drainage, is hereby designated as the natural person selected by City to lead, direct, and coordinate City's site work in accordance with this Agreement. �, 1.4. / Yic hi{ 1 r� K.c % ,/1'.5% tfi% , is hereby designated as the natural person selected by District to lead, direct, and coordinate District's site work in accordance with this Agreement. ARTICLE 2 CONTRACT TIME 2.1. The term of this Agreement shall be for a period of 75 days, commencing on July 11, 2000, and terminating on September 23, 2000. 2.2. Notwithstanding the provisions set forth in paragraph 2.1. of this Article, this Contract may be terminated at any time after the execution hereof at the option of either Party by giving the other Party thirty (30) days' written notice. ARTICLE 3 MISCELLANEOUS 3.1. City and District agree and understand that in performance of this contract, all employees of City shall remain City employees and shall not be considered agents, employees or borrowed servants of District, and all employees of District shall remain District employees and shall not be considered agents, employees or borrowed servants of City. 3.2. City and District further agree that work and materials provided by City in accordance with this Agreement, are provided without warranty of any kind to District or any 2 third party, and work and materials provided by District in accordance with this Agreement, are provided without warranty of any kind to City or any third party. 3.3. City and District each hereby agree, to the extent allowable by law, to defend, hold harmless, and indemnify 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. 3.4. This Agreement and all obligations created hereunder shall be performable in Brazoria County, Texas. 3.5. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 3.6. This Agreement may only be amended, modified, or supplemented in writing and subsequently dated by City and District. T�/ SIGNED and ENTERED this day of C�, , 20 . ATTEST: Y ng Lorf Secret • 3 CITY OF PEARLAND Glen R. Erwin City Manager BRAZORIA DRAINAGE DISTRICT NO. 4 By: Printed Name: M', Lk ,t Title: \ (-1_0\ -e-I.A-Ticti i,tdcti) THE STATE OF TEXAS COUNTIES OF BRAZORIA, FORT BEND, AND HARRIS BEFORE ME, the undersigned Notary Public, on this day personally appeared Glen R Erwin, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 1 �� DAY OF tf.`_i , A.D., 2000 MELISSA HARRIS Notary Public, State of Texas My Commission Expires July 19, 2003 THE STATE OF TEXAS COUNTY OF i&n 2 o , [\ NOTARY PUBLIC, STATE OF TEXAS Commission Expires: cJ < ;-J(DO.3 Printed Name: BEFORE ME, the undersigned Notary Public, on this day personally appeared S c I hf\ \I known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS AGr4 DAY OF ,A.D.,20i0L. tzt. KATHY C. WELLS NOTARY PUBLIC ° STATE OF TEXAS MY COMMISSION EXPIRES MAY 23, 200'1 4 NOTARY PUBLIC, STATE OF TEXAS Commission Expires: S j -2 00 Printed Name: KOA\� '\ Al C t �S INTERBDD.700 W b 0 ih 0 a it' U © a Q 'U A • 0 d 0 'a .y� CO Cb N ca "l LI T 0 cc th r 0 O O) fV CO 't 0 0) - 8 0 ci N 0 O N vi 0 ti 4) st 8 a Le) co �r en 6nnnn °off 8a U It cc o _. 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