R2006-159 09-25-06
RESOLUTION NO. R2006-159
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 25th da~ePtember, A.D., 2006.
c-~J ~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
rJ~- . It. (JyL
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2006-159 9/25/06
THE STATE OF TEXAS S
S
COUNTY OF BRAZORIA S
INTERLOCAL AGREEMENT
This agreement is made at Angleton, Brazoria County, Texas between
BRAZORIA COUNTY, TEXAS acting through its Commissioners' Court (hereinafter
"County"), and THE CITY OF PEARLAND, acting through its Mayor (hereinafter
"City").
NOW THEREFORE, THE COUNTY AND THE CITY agrees as follows:
1.0 The term of this agreement shall be from October 1, 2006, to September 30, 2007.
The AGREEMENT may be renewed annually by the written approval of County and
City.
1.1 Pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791
and the Texas Transportation Code, Section 251.012, the County agrees to provide
personnel and equipment at its own expense to assist in the construction, improvement,
maintenance and/or repair of a street or alley located within the corporate limits of the
City of Pearland, Texas, subject to the approval of the County Engineer as set forth in
Section 1.3, including sub grade preparation, base preparation, asphalt paving, culverts
and ditch work, herbicide spraying, mowing, painting and striping roads, installation of
permanent traffic signs, and other routine road maintenance operations. Any work
performed on the City's streets and alleys which are not an integral part of, or a
connecting link to, other roads and highways is allowed if such work is determined to be
a benefit to the County by Commissioners Court. The City will provide materials for
these projects. All such materials shall be paid for by the City, and may be purchased
through the County's suppliers. The City shall reimburse the cost of any work performed
or obtained by the County, which is determined to be beyond the scope of this agreement,
to the County.
1.2 The county work authorized by this AGREEMENT may be done:
(1) By the County through use of county equipment;
(2) By an independent contractor with whom the County has contracted for
the provision of certain services and materials, conditioned on the City
providing a purchase order to such independent contractor for the full
amount of such services or materials.
1.3 During the term of this AGREEMENT when County work is requested, the
Mayor of the City shall submit a request in writing to the County Engineer. The County
Engineer and the Mayor of the City shall agree in writing as to the location and type of
assistance to be provided pursuant to this AGREEMENT. It is expressly understood
between the parties that the County shall have no authority or obligation to provide any
service or work on any city street or alley not so agreed to in writing. The County
Engineer is authorized to sign an acceptance statement for each proj ect at the appropriate
time and authorize the work subject to be completed as the Road and Bridge Department
schedules permit.
1.4 The parties intend that the 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. The County shall not be considered an agent, employee, or borrowed servant
of the City.
1.5 For and in consideration of the above agreement by the County, the City agrees to
provide all warning and safety signs and other safety protections as required when such
work is being performed by the County.
1.6 The parties further agree that such work and materials are provided by the County
without warranty of any kind to the City or any third party, and that the County has no
obligation to provide any supplemental warranty work after a project's completion. The
City agrees to provide any engineering or design work required for work done pursuant to
this agreement.
II.
2.0 To the extent authorized by law, the City hereby agrees to hold harmless the
County, its officers, agents and employees from any and all loss, damage, cost
demands or causes of action of any nature or kind for loss or damage to property,
or for injury or death to persons, arising in any manner from the performance of
the above-referenced work.
2.1 Payment for services or materials under this agreement shall be payable from
current revenues available to the paying party.
III.
3.0 Either party may terminate this agreement upon thirty- (30) day's written notice to
the other party.
3.1 Nothing herein shall be construed to make either party a purchaser or consumer of
goods or services from the other.
3.2 Nothing herein shall be construed to create any rights in third parties.
SIGNED AND ENTERED this the '3 j day of CU-1<J-LWK
,2006.
BRAZORIA COUNTY, TEXAS
CITY OF PEARLAND, TEXAS
By:
~
~p, Bill Eisen,
--
By:
City Manager 9/25/06
ATTEST:
\\\\\UmU,""
,,\ ':Gt:.RLAA,.:."I,
~~~* ~~"%
f~1 \ \
-~. . ..
:V\!5) =
- -
~ =
... ::
~ ...
~ ~
~ *'
;"'" ~,tff>
;ll.l ,,'If.
11118"''''\'
r-
Q
~
.,.,
..
~
5
5
=
rJJ.
....
"-l
"r:::l ~
== =
~ C"
- ~
;~
~....
~ ~
..... .....
o 0
c'
... ....
u ==
~
5
~
~
..
eJ)
<
~;;...
~~
~~
~
~~
~
-
~
CJ
o
-
..
~
....
==
.....
z
o
....
~
u
o
S
~
~
rFJ
><
m
r-!
l.-l
OJ
>
o
-+-l
r-!
m
..c
0..
UJ
,.:l::
:z
OJ
tJ1
C
m
l.-l
o
o
-+-l
U)
-+-l
;:::l
C
r-!
m
:?=
o
'M
C
o
-+-l
C
..::t:
c
m
U)
><
m
r-!
l.-l
Q)
>
o
-+-l
r-!
m
..c
0..
UJ
,.:l::
:z
Q)
tJ1
C
m
l.-l
o
o
-+-l
U)
-+-l
;:::l
C
r-!
m
:?=
o
OM
C
o
-+-l
C
..::t:
c:
m
U)
U)
><
m
r-!
l.-l
Q)
>
o
-+-l
r-!
m
..c
Q,
UJ
..::t:
:z
Q)
01
C
m
l.-l
o
o
-+-l
U)
-+-l
;:::l
C
r-!
m
~
'D
C
m
r-!
l.-l
m
OJ
(.l...
z
><
ro
r-!
l.-l
OJ
>
o
-+-l
r-!
m
..c
0..
UJ
..::t:
:z
OJ
tJ1
C
m
l.-l
o
o
-+-l
U)
-+-l
;:::l
C
r-!
m
~
....
'D
C
m
r-!
l.-l
m
Q)
0...
U)
><
m
r-!
l.-l
OJ
>
o
-+-l
r-!
m
..c
0..
UJ
,.:l::
:z
OJ
tJ1
c:
m
l.-l
o
o
-+-l
U)
-+-l
;:::l
C
r-!
m
:?=
C
'M
-+-l
UJ
;:::l
t<;
:z
><
m
r-!
l.-l
Q)
>
o
-+-l
r-!
m
..c
0..
UJ
I<l::
z
Q)
tJ1
C
m
l.-l
o
o
-+-l
U)
-+-l
;:::l
C
r-!
m
~
C
OM
-+-l
UJ
;:::l
I<l::
U)
><
m
r-!
l.-l
OJ
>
o
-+-l
r-!
m
..c
0..
UJ
I<l::
:z
Q)
tJ1
C
m
l.-l
o
o
-+-l
U)
-+-l
;:::l
C
r-!
m
:?=
UJ
m
X
Q)
f:-<
:z
~ ~
'" '"
5 .5
.... ~
~~
<::l
",i:>
-t:l ::
- :::
OJ ~
;::\,,)
;:: ~
~-
~ ::
.~ ~
-t:l '"
~~
~..:
<::l 0
l:l.,S
i3~
~.&
OJ
~
!o-
Q)
en
ctl
s::
ctl
::E
>,
+>
......
u
i
~
~
~
;:..
~
..
~
~
N
t""-
o
~
......
...
=
e
e
=
I'J'J.
.....
I;Il
"d Q,j
= =
= 0'"
- Q,j
;~
Q,j.....
~ ~
~'O'
C~
ud
Q,j
e
Q,j
Q,j
...
ell
-<
-
=
CJ
o
-
...
Q,j
.....
=
.....
~....
~i~
~,.'...~
f.l.l
~..~
~
5
~.'
>, >, >,
ro ro ro
rl rl rl
14 14 14
OJ OJ OJ
:> :> :>
". 0 0 0
.jJ .jJ .jJ
rl rl rl
ro ro ro
..c: ..c: ..c:
0.. 0.. 0..
rJl rJl rJl
<< ,,;::;:, -<
"
.~,
- -
I [.I.l [.I.l
'-' '-'
- 0 0
z .jJ .jJ
'-' c c
OJ OJ
OJ E E
01 ro ro
c 14 14
ro u u
14 ro ro
0 Ul Ul
....~b 0 0 0
.jJ .jJ .jJ
- - -
Ul ~ ~
'-' '-' '-'
.jJ c C
::J ..... .....
c .jJ .jJ
rl rJl rJl
ro ::J ::3
~ -< <<
z
0
~
Eo-<
:<
u
0 OJ
S c
.....
~ rJl 14 E
~ ro ro rJl
X OJ ro
Eo-< OJ 0... r:>
tI.l E:-<
. .
. ~ ~
Ul
. . .
!-
Q)
01
ro
I::
ro
::E
>,
+->
....
u
N
~ ti
III III
;. ::
~ .Sj"
~~
<:l
Ill-/:>
-<::l ::
- :::t
~a
;:: ~
~....
~ ::
.~ Jo..;
;:: ~
-<::l III
i;Cl:::
~.;
<:l <::>
l::l,S
ii~
~..s
~
~
This is the list of streets we have budged to overlay in the 2006/2007 budget to be done
with the assistance of Brazoria County:
Budget Estimate
Street Length Width Sq. Yards
1. San Antonio 1,960 18 3,920
2. S. San Antonio 1,280 18 2,560
3. N. Pearland 1,960 18 3,920
4. S.Pearland 1,260 18 2,520
5. N. Austin 1,960 18 3,920
6. S. Austin 1,175 18 2,350
7. N. Texas 625 18 1,250
8. S. Texas 1,270 18 2,540
9. W. Pear 1,700 18 3,400
10. W. Jasmine 1,320 18 2,640