R2006-031 02-27-06
Resolution 2006-31
INTERLOCAL AGREEMENT AMONG THE CITY OF FRIENDSWOOD,
THE CITYOF PEARLAND, BRAZORIA COUNTY,
BRAZORIA DRAINAGE DISTRICT #4, AND GALVESTON COUNTY
CONSOLIDATED DRAINAGE DISTRICT
THE STATE OF TEXAS ~
~
COUNTIES OF BRAZORIA ~
AND GALVESTON ~
THIS AGREEMENT is made and entered into pursuant to the Interlocal
Cooperation Act, TEX. GOV'T CODE ANN., ch. 791, by and among the CITY OF
FRIENDSWOOD, TEXAS, a body corporate and politic under the laws of the
State of Texas ("Friendswood"), BRAZORIA COUNTY, a body corporate and
politic under the law of the State of Texas ("Brazoria County"), BRAZORIA
DRAINAGE DISTRICT #4, a body corporate and politic under the laws of the
State of Texas (BOD #4"), the CITY OF PEARLAND, a body corporate and
politic under the laws of the State of Texas ("Pearland") and the GALVESTON
COUNTY CONSOLIDATED DRAINAGE DISTRICT, a body corporate and politic
under the laws of the State of Texas ("GCCDD").
WITNESSETH:
WHEREAS, Friendswood has applied to the Texas Water Development
Board for a grant that will provide 50% of the funding for a Watershed Study of
Cowarts Creek ("Project").
WHEREAS, it is mutually beneficial to Friendswood, Brazoria County,
BBD #4, Pearland, and GCCDD to participate in and prepare the Project and the
parties are willing to commit the funding for the Project, as set out herein,
provided the grant is approved; and
WHEREAS, Friendswood, Brazoria County, BBD #4, Pearland and
GCCDD, desire to proceed with the Project, subject to the terms and conditions
set forth herein; and
WHEREAS, all parties understand that entering into this Agreement in no
way obligates a party to implement any improvements identified by the Project or
recommendations for flood plain management regulations made therein and that
whether a party subsequently supports improvements identified by the Project or
regulation recommendation made therein and budgets it for implementation
depends upon, among other things, the outcome and conclusions of the Project,
whether any improvement identified or regulation recommendation is within the
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legal authority of a party, and the particular budget priorities and limitations of
each party.
NOW, THEREFORE, for and in consideration of the mutual covenants,
agreements, and benefits to the parties herein named, the parties agree as
follows:
Section 1. MANAGEMENT COMMITTEE; ADMINISTRATION OF
STUDY.
A. Brazoria County, Friendswood, BOD #4 Pearland and GCCD, shall each
designate, within sixty (60) days after the execution if this Agreement, one
representative who shall collectively comprise the "Project Management
Committee" which committee will provide oversight for the preparation of the
Project, recommend the consultant(s) to prepare the Project, establish the
Project parameters, and approve the study scope and work products.
Recommendations of the Committee must be unanimous and shall be
implemented by Friendswood through its contract with consultant(s), to the extent
that funding for the Project is available.
B. Friendswood shall serve as the lead sponsor for the purpose of this
Agreement in which capacity it shall perform all administrative duties associated
with Project including, but not limited to, entering into contract(s) with
consultants(s) and contract administration necessary for the Project. After
notification from the Texas Water Development Board that it will provice funds to
pay for one-half of the cost of the project the Project Management committee
shall recommend a consulting engineering firm or firms acceptable to all parties
to prepare the Project. After a consulting engineering firm (or firms) is
recommended by the Committee, Friendswood shall enter into a contract with
such firm(s) for preparation of the Project. The Sponsor shall thereafter provide
a copy of the Notice to Proceed to the parties.
Section 2. FISCAL PROVISIONS. The parties anticipate a grant from
the Texas Water Development Board that will pay one-half of the cost of the
Project. The local share of costs will be allocated among the parties and is
projected to cost $175,000.00 with estimated maximum contribution amounts of
each party to this Agreement as follows:
Brazoria County
BOD #4
Pearland
Friendswood
GCCDD
25.7%
25.7%
20%
14.3%
14.3%
$45,000.00
$45,000.00
$35,000.00
$25,000.00
$25,000.00
Each party that is subject to this Agreement shall pay Friendswood for the actual
cost of the Project, according to the percentage shares the above referenced
table. Within thirty (30) days after the issuance of the Notice to Proceed, as set
out in Section B hereof, each party shall each pay Friendswood the full amount of
2
its maximum contribution, as set out above. The dollar amounts shown in the
table above shall not be exceeded unless first approved in writing by each party
by amendment to this Agreement. In the event that the actual total cost of the
Project is such that the share of a respective party is less that its maximum
contribution set out above, Friendswood shall refund the excess to the respective
parties within thirty (30) days after the date of final approval of the Project by all
parties to this Agreement.
Section 3. TERM OF AGREEMENT. This Agreement shall become
effective when executed by all parties hereto and shall remain in effect until
completed, unless earlier terminated as provided herein.
Section 4. NOTICES. All notices or communications provided herein
shall be delivered by certified mail, return receipt requested to Friendswood,
Brazoria County, BBD #4, Pearland and GCCDD at their respective addresses.
For the purposes of notice, the addresses of the parties, until changed by
written notice, as provided above, shall be as follows:
Brazoria County: Brazoria County
111 E. Locust, Ste. 200
Angleton, TX 77515
Attention: Gerald Roberts, P.E.
BOD #4: Brazoria Drainage District #4
4805 Broadway
Pearland, TX 77581
Attention: Mike Yost
Pearland: City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Attention: Mike Hodge
Friendswood: City of Friendswood
910 S. Friendswood Dr.
Friendswood, TX 77546
Attention: Dan Johnson, P.E.
GCCDD: Galveston County Consolidated
Drainage District
3714 Broadway
Galveston, TX 77550
Attention: Les Rumberg
..,
.J
Section 5. FUNDING. It is expressly understood and agreed between
the parties, such understanding and agreement being of the absolute essence to
this Agreement, that the total maximum sum Friendswood has available for
completion of the Project is the amount of $25,000.00, and that when
Friendswood has expended such sum to meet its obligations hereunder,
Friendswood shall have no further obligation or duty under the terms of this
Agreement, notwithstanding any word, statement, or thing contained in or
inferred from the provisions hereof, which might in any light by any person be
construed to the contrary.
Participation by the parties in funding the Project shall in no way commit a
party to financial participation in implementation of any solution to problems
which may be identified by the Project, or the adoption of flood plain
management regulations which may be recommended in the Project.
It is expressly understood and agreed between the parties that the
maximum sum Brazoria County has available for completion of the Project is
$45,000.00, and that when Brazoria County has expended such sum to meet its
obligations hereunder, Brazoria County shall have no further obligation under the
terms of this Agreement.
It is expressly understood and agreed between the parties that the
maximum sum BOD #4 has available for completion of the Project is $45,000.00,
and that when BOD #4 has expended such sum to meet its obligations
hereunder, BOD #4 shall have no further obligation under the terms of this
Agreement.
It is expressly understood and agreed between the parties that the
maximum sum Pearland has available for completion of the Project is
$35,000.00, and that when Pearland has expended such sum to meet its
obligations hereunder, Pearland shall have no further obligation under the terms
of this Agreement.
It is expressly understood and agreed between the parties that the
maximum sum GCCDD has available for completion of the Project is $25,000.00,
and that when GCCDD has expended such sum to meet its obligations
hereunder, GCCDD shall have no further obligation under the terms of this
Agreement. Parties may agree to provide more funding in same ratio as original
contributes.
Not withstanding any of the foregoing, no party shall have any obligation
to fund any portion of the Project if the Texas Water Development Board fails to
provide funds to pay for one-half of the cost of the Project.
Section 6. TERMINATION. Prior to Friendswood entering into a
contract with a consulting engineering firm for the preparation of the Project; as
4
provided in Section 1 hereof, this Agreement may be terminated by a party by
thirty (30) days advance written notice to all other parties to this Agreement. In
the event of termination under this provision, Friendswood shall reimburse the
other parties for the unexpected portions of their respective contributions at the
time of termination.
Section 7. IMMUNITY. It is expressly understood and agreed that in
the execution of this Agreement, no party waives nor shall be deemed to waive
any immunity or defense that would otherwise be available to it against claims
arising in the exercise of governmental powers and functions.
Section 8. NOT A JOINT ENTERPRISE. This Agreement is not
intended to and shall not create a joint enterprise among any party hereto. The
parties hereto are undertaking governmental functions or services under this
Agreement and the purpose hereof is solely for the public good, rather than any
pecuniary purpose. A party undertaking work under this Agreement shall have a
superior right to control the direction and management of such work, except as
may otherwise expressly be provided herein.
Section 9. MISCEllANEOUS.
A. No party hereto shall make, in whole or in part, any assignment of
this Agreement with the advance written consent of the other
parties.
B. The validity of this Agreement and any of its terms and provisions,
as well as the rights and duties hereunder, shall be governed by the
laws of the State of Texas.
C. This Agreement may only be amended by written instrument duly
executed on behalf of each party subject to this Agreement.
D. This Agreement may be executed in multiple counter parts.
IN WITNESS WHEREOF, the parties' action under authority of their respective
governing bodies have caused this Agreement to be duly executed in multiple
counterparts, each of which shall be deemed to be an original.
5
ATTEST:
CITY OF PEARLAND
By:
;;:a-
Bill Eisen
City Manager
COUNTY OF BRAZORIA
s
s
s
STATE OF TEXAS
BEFORE ME, the undersigned Notary Public, on this day personally
appeared Bill Eisen, City Manager of the City of Pearland, 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, on behalf of said City of Pearland.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS .~ ~ DAY OF
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NOT1~=c ~-(:iWD FOR THE
STATE OF TEXAS
Printed Name: t lo.x, b-t \ PtY'{.Z-
My Commission Expires: lu-::Z g - ;}-O I D
RESOLUTION NO. R2006-31
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 FOR COOPERATION IN
THE FUNDING OF THE COWARTS CREEK WATERSHED STUDY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain interlocal agreement, 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, for cooperation in the funding of
the Cowarts Creek Watershed Study.
PASSED, APPROVED and ADOPTED this the 27th day of Februarv
A.D., 2006.
~~~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
~ - ^-~
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
j "A '(
INTERLOCAL AGREEMENT AMONG THE CITY OF FRIENDSWOOD,
THE CITYOF PEARLAND, BRAZORIA COUNTY,
BRAZORIA DRAINAGE DISTRICT #4, AND GALVESTON COUNTY
CONSOLIDATED DRAINAGE DISTRICT
THE STATE OF TEXAS ~
~
COUNTIES OF BRAZORIA ~
AND GALVESTON ~
THIS AGREEMENT is made and entered into pursuant to the Interlocal
Cooperation Act, TEX. GOV'T CODE ANN., ch. 791, by and among the CITY OF
FRIENDSWOOD, TEXAS, a body corporate and politic under the laws of the
State of Texas ("Friendswood"), BRAZORIA COUNTY, a body corporate and
politic under the law of the State of Texas ("Brazoria County"), BRAZORIA
DRAINAGE DISTRICT #4, a body corporate and politic under the laws of the
State of Texas (BDD #4"), the CITY OF PEARLAND, a body corporate and
politic under the laws of the State of Texas ("pearland") and the GALVESTON
COUNTY CONSOLIDATED DRAINAGE DISTRICT, a body corporate and politic
under the laws of the State of Texas ("GCCDD").
WITNESSETH:
WHEREAS, Friendswood has applied to the Texas Water Development
Board for a grant that will provide 50% of the funding for a Watershed Study of
Cowarts Creek ("Project").
WHEREAS, it is mutually beneficial to Friendswood, Brazoria County,
BBD #4, Pearland, and GCCDD to participate in and prepare the Project and the
parties are willing to commit the funding for the Project, as set out herein,
provided the grant is approved; and
WHEREAS, Friendswood, Brazoria County, BBD #4, Pearland and
GCCDD, desire to proceed with the Project, subject to the terms and conditions
set forth herein; and
WHEREAS, all parties understand that entering into this Agreement in no
way obligates a party to implement any improvements identified by the Project or
recommendations for flood plain management regulations made therein and that
whether a party subsequently supports improvements identified by the Project or
regulation recommendation made therein and budgets it for implementation
depends upon, among other things, the outcome and conclusions of the Project,
whether any improvement identified or regulation recommendation is within the
legal authority of a party, and the particular budget priorities and limitations of
each party.
NOW, THEREFORE, for and in consideration of the mutual covenants,
agreements, and benefits to the parties herein named, the parties agree as
follows:
Section 1. MANAGEMENT COMMITTEE; ADMINISTRATION OF
STUDY.
A. Brazoria County, Friendswood, BOD #4 Pearland and GCCD, shall each
designate, within sixty (60) days after the execution if this Agreement, one
representative who shall collectively comprise the "Project Management
Committee" which committee will provide oversight for the preparation of the
Project, recommend the consultant(s) to prepare the Project, establish the
Project parameters, and approve the study scope and work products.
Recommendations of the Committee must be unanimous and shall be
implemented by Friendswood through its contract with consultant(s), to the extent
that funding for the Project is available.
B. Friendswood shall serve as the lead sponsor for the purpose of this
Agreement in which capacity it shall perform all administrative duties associated
with Project including, but not limited to, entering into contract(s) with
consultants(s) and contract administration necessary for the Project. After
notification from the Texas Water Development Board that it will provice funds to
pay for one-half of the cost of the project the Project Management committee
shall recommend a consulting engineering firm or firms acceptable to all parties
to prepare the Project. After a consulting engineering firm (or firms) is
recommended by the Committee, Friendswood shall enter into a contract with
such firm(s) for preparation of the Project. The Sponsor shall thereafter provide
a copy of the Notice to Proceed to the parties.
Section 2. FISCAL PROVISIONS. The parties anticipate a grant from
the Texas Water Development Board that will pay one-half of the cost of the
Project. The local share of costs will be allocated among the parties and is
projected to cost $175,000.00 with estimated maximum contribution amounts of
each party to this Agreement as follows:
Brazoria County
BOD #4
Pearland
Friendswood
GCCDD
25.7%
25.7%
20%
14.3%
14.3%
$45,000.00
$45,000.00
$35,000.00
$25,000.00
$25,000.00
Each party that is subject to this Agreement shall pay Friendswood for the actual
cost of the Project, according to the percentage shares the above referenced
table. Within thirty (30) days after the issuance of the Notice to Proceed, as set
out in Section B hereof, each party shall each pay Friendswood the full amount of
2
its maximum contribution, as set out above. The dollar amounts shown in the
table above shall not be exceeded unless first approved in writing by each party
by amendment to this Agreement. In the event that the actual total cost of the
Project is such that the share of a respective party is less that its maximum
contribution set out above, Friendswood shall refund the excess to the respective
parties within thirty (30) days after the date of final approval of the Project by all
parties to this Agreement.
Section 3. TERM OF AGREEMENT. This Agreement shall become
effective when executed by all parties hereto and shall remain in effect until
completed, unless earlier terminated as provided herein.
Section 4. NOTICES. All notices or communications provided herein
shall be delivered by certified mail, return receipt requested to Friendswood,
Brazoria County, BBD #4, Pearland and GCCDD at their respective addresses.
For the purposes of notice, the addresses of the parties, until changed by
written notice, as provided above, shall be as follows:
Brazoria County: Brazoria County
111 E. Locust, Ste. 200
Angleton, TX 77515
Attention: Gerald Roberts, P.E.
BDD #4: Brazoria Drainage District #4
4805 Broadway
Pearland, TX 77581
Attention: Mike Yost
Pearland: City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Attention: Mike Hodge
Friendswood: City of Friendswood
910 S. Friendswood Dr.
Friendswood, TX 77546
Attention: Dan Johnson, P.E.
GCCDD: Galveston County Consolidated
Drainage District
3714 Broadway
Galveston, TX 77550
Attention: Les Rumberg
..,
-'
Section 5. FUNDING. It is expressly understood and agreed between
the parties, such understanding and agreement being of the absolute essence to
this Agreement, that the total maximum sum Friendswood has available for
completion of the Project is the amount of $25,000.00, and that when
Friendswood has expended such sum to meet its obligations hereunder,
Friendswood shall have no further obligation or duty under the terms of this
Agreement, notwithstanding any word, statement, or thing contained in or
inferred from the provisions hereof, which might in any light by any person be
construed to the contrary.
Participation by the parties in funding the Project shall in no way commit a
party to financial participation in implementation of any solution to problems
which may be identified by the Project, or the adoption of flood plain
management regulations which may be recommended in the Project.
It is expressly understood and agreed between the parties that the
maximum sum Brazoria County has available for completion of the Project is
$45,000.00, and that when Brazoria County has expended such sum to meet its
obligations hereunder, Brazoria County shall have no further obligation under the
terms of this Agreement.
It is expressly understood and agreed between the parties that the
maximum sum BOD #4 has available for completion of the Project is $45,000.00,
and that when BOD #4 has expended such sum to meet its obligations
hereunder, BOD #4 shall have no further obligation under the terms of this
Agreement.
It is expressly understood and agreed between the parties that the
maximum sum Pearland has available for completion of the Project is
$35,000.00, and that when Pearland has expended such sum to meet its
obligations hereunder, Pearland shall have no further obligation under the terms
of this Agreement.
It is expressly understood and agreed between the parties that the
maximum sum GCCDD has available for completion of the Project is $25,000.00,
and that when GCCDD has expended such sum to meet its obligations
hereunder, GCCDD shall have no further obligation under the terms of this
Agreement. Parties may agree to provide more funding in same ratio as original
contributes.
Not withstanding any of the foregoing, no party shall have any obligation
to fund any portion of the Project if the Texas Water Development Board fails to
provide funds to pay for one-half of the cost of the Project.
Section 6. TERMINATION. Prior to Friendswood entering into a
contract with a consulting engineering firm for the preparation of the Project; as
4
provided in Section 1 hereof, this Agreement may be terminated by a party by
thirty (30) days advance written notice to all other parties to this Agreement. In
the event of termination under this provision, Friendswood shall reimburse the
other parties for the unexpected portions of their respective contributions at the
time of termination.
Section 7. IMMUNITY. It is expressly understood and agreed that in
the execution of this Agreement, no party waives nor shall be deemed to waive
any immunity or defense that would otherwise be available to it against claims
arising in the exercise of governmental powers and functions.
Section 8. NOT A JOINT ENTERPRISE. This Agreement is not
intended to and shall not create a joint enterprise among any party hereto. The
parties hereto are undertaking governmental functions or services under this
Agreement and the purpose hereof is solely for the public good, rather than any
pecuniary purpose. A party undertaking work under this Agreement shall have a
superior right to control the direction and management of such work, except as
may otherwise expressly be provided herein.
Section 9. MISCEllANEOUS.
A. No party hereto shall make, in whole or in part, any assignment of
this Agreement with the advance written consent of the other
parties.
B. The validity of this Agreement and any of its terms and provisions,
as well as the rights and duties hereunder, shall be governed by the
laws of the State of Texas.
C. This Agreement may only be amended by written instrument duly
executed on behalf of each party subject to this Agreement.
D. This Agreement may be executed in multiple counter parts.
IN WITNESS WHEREOF, the parties' action under authority of their respective
governing bodies have caused this Agreement to be duly executed in multiple
counterparts, each of which shall be deemed to be an original.
5