R2006-108 07-10-06
RESOLUTION NO. R2006-108
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 THE CONSTRUCTION OF COUNTY ROAD 403.
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 the
construction of County Road 403.
PASSED, APPROVED and ADOPTED this the 10th day of July, A.D., 2006.
~~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
0... ~ - It.. Ct-L..
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2006-108 7/10/06
SECOND
PEARLAND - BRAZORIA COUNTY
INTERLOCAL AGREEMENT
CONCERNING THE CONSTRUCTION OF
NEW THOROUGHF ARES
The voters of Brazoria County, Texas have authorized the issuance of road
bonds to finance certain aspects of the Brazoria County Mobility Plan. The
citizens of Pearland, Texas have likewise issued bonds and set aside funds from
other sources to participate in the Mobility Plan. Brazoria County, Texas
("County") and the City of Pearland, Texas ("City") agreed to participate in a road
construction project as set out below. The parties agree to cooperate to obtain
maximum financial and administrative participation from the Texas Department of
Transportation ("TXDOT") in these projects.
This agreement made pursuant to Texas Government Code 9791.011
between City and County in that it contemplates the furnishing of governmental
functions and services between the parties as defined by Texas Government Code
9791.003 (3) (C), (I), (J), and (N).
Each party agrees that any payments for the performance of governmental
functions or services shall be from current revenues available to the paying party
and further that such payments shall fairly compensate the performing party for the
service or materials it supplies provided for the other party's benefit.
City warrants that its City Council approved this agreement by Ordinance _
, dated , 2006 authorizing its Mayor to execute it on City's
behalf.
County warrants that its Commissioners' Court approved this agreement by
Court Order No. 52 dated May 9, 2006 authorizing its County Judge to
execute it on the County's behalf, and specifically approving each project listed in
this Interlocal Agreement.
This agreement contemplates that the County shall assume the role of lead
participant for each project. The parties agree that the lead participant shall
manage the City-County partnership and coordinate and negotiate the partnership's
relationship with TXDOT.
Each party acknowledges and agrees that it shall furnish the services
promised, whether by contractor or not, in compliance with TXDOT guidelines
and timely provide such monies as promised herein to fund its respective share of
each project, subject to the following:
(1) funding and services by the parties is optional for the proj ect if
TXDOT declines to participate;
(2) funding and services for the project is subject to the availability of
current fiscal year revenue or bond revenue and the appropriation of
such revenue by the party's governing body to the project to be
commenced; and provided that,
(3) upon appropriation of revenue for the project described herein and
upon commencement of a party's funding or services for the project
or execution of a construction contract for the particular proj ect, the
parties shall be obligated to the construction funding and services
described in this Agreement for the project, and that specific project
only.
This agreement covers the following project:
CR 403 from Cullen to CR 94 ("CR 403")
The parties agree to provide the following services, either directly or by
contracting (which is subject to TXDOT approval) and the following levels of
funding subject to the conditions and exceptions described hereinabove.
CR 403
(Cullen to CR 94)
COUNTY RESPONSIBILITIES:
(1) County shall act as lead participant
(2) County shall prepare the schematic and PS&E, obtain all necessary
permits and relocate utilities
(3) County shall submit PS&E to TXDOT for bidding and construction
administration. (If, at the County's option, project is begun prior to
TXDOT funding availability, County shall bid and administer the
project.)
2
(4) County shall base its design and related activities on the proposition that
the project will be constructed as a four-lane boulevard section.
(5) County shall take all steps necessary to request funding from HGAC and
TXDOT and shall act as local sponsor of the project.
(6) County shall fund up to $845,875 of the cost of the project
CITY RESPONSIBILITIES:
(l) City shall remit $2,536,000 of the project costs within 10 days of
construction award for the project.
(2) City shall assist and support County in seeking construction funding
from HGAC and TXDOT.
(3) City shall acquire appropriate right of way in the event TXDOT does
not fund acquisition.
(4) In the event TXDOT does not provide funding for construction, City
shall reimburse county for one-half(l/2) of the schematic and PS&E
costs as described in (2) under the County Responsibilities for this
proj ect listed above.
Intending to be legally bound, the parties hereto have executed this
Agreement effective as of the effective date of the Agreement, May 9, 2006.
By: ~
Print Name:
Title:
Date:
,
illy
ty Judge
5-<1 - 0 ~
CITY OF PEARLAND, TEXAS
Rill Fispn
City Manaqer
July 10, 2006
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GERALD L. ROBERTS, P.E.
COUNTY ENGINEER , r F (979)864-1265 ANGLETON
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MATTHEW HANKS, P.E. (281) 756-1265 HOUSTON
ASSISTANT COUNTY ENGINEER yOFB0d (979)864-1270 FAX
KEVIN SHERRODD, P.E.
ASSISTANT COUNTY ENGINEER BRAZORIA COUNTY
451 N VELASCO,SUITE 230
ANGLETON,TEXAS 77515
June 23, 2006
Mickiel G. Hodge
City Of Pearland
3519 Liberty Drive
Pearland, Texas 77581
RE: Interlocal Agreement— Hughes Ranch Road (formally County Road 403)
To Whom It May Concern,
Attached is the proposed interlocal agreement between Brazoria County and the City of
Pearland concerning the project for Hughes Ranch Road (formally County Road 403).
The preliminary engineering has already been performed by GC Engineering. This
interlocal agreement is for the next phase of the project and the county's and the city's
responsibilities are specified within.
Brazoria County appreciates the City of Pearland's continued support of this project.
Brazoria County feels this project is important to the public as it will increase public
safety as well as decrease congestion in an already congested area, not to mention
traffic to be added by future growth and the addition of a second PISD school.
Brazoria County has selected Brown & Gay to complete the next phase of this project.
There are two copies of the interlocal agreement provided. Please approve and sign
both copies of the interlocal agreement and forward one of the copies back to the
county. The county would like to have the executed interlocal agreement back before
executing a contract for the next phase. Should you have any questions or comments,
please feel free to contact us. Thanks again for your participation.
Sincerely,
a/
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Gerald Roberts, P.E.
Brazoria County Engineer