R2004-044 03-22-04RESOLUTION NO. R2004-44
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 ROAD MAINTENANCE AND REPAIR.
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 for road
maintenance and repair.
PASSED, APPROVED and ADOPTED this the 22nd day of March
A.D., 2004.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A" -
Resolution No. R2004-44
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
INTERLOCAL AGREEMENT BETWEEN
BRAZORIA COUNTY.AND PEARLAND, TEXAS
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 construct a water well and related structures
which will entail heavy hauling which could damage Brazoria County Roads 110, 115
and 143 and such damage could require periodic repairs to these roads and
complete restoration at the conclusion of the project so that their condition is
returned to the same quality as prior to the commencement of the project.
WHEREAS, the COUNTY has requested the CITY'S assistance in maintaining
the roads during the construction of the project and in restoring them to the condition
they were in prior to the commencement of the project and,
WHEREAS, the COUNTY shall 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 such equipment as may be necessary together
with operators to repair County Roads 110, 115 and 143 and to restore said roads to
their prior condition at the conclusion of the project, with all materials to be provided
by the CITY.
1.02 The CITY agrees to furnish all materials which may be needed in the
repairing and restoring the roads as aforesaid.
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 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.
1.05 Nothing herein shall be construed to make either party a purchaser or
consumer of goods or services from the other.
1.06 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
BRAZORIA COUNTY, TEXAS
By: By:
Bi 11 Eisen COUNTY JUDGE
City Mang-r BRAZORIA COUNTY, TEXAS
2OL) Date signed:
Date signed: