R99-019 03-29-99RESOLUTION NO. R99-19
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 TO COOPERATE IN THE CLEARING OF THE DITCH AREA
BEGINNING AT HICKORY CREEK AND EXTENDING TO THE THIRD COAST
PACKAGING, INC. SWITCH.
BE IT HEREBY 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 agreement for and on behalf of
the City of Pearland, to cooperate with Brazoria Drainage District No. 4 in the clearing of the
ditch area beginning at Hickory Creek and extending to the Third Coast Packaging, Inc.
switch.
PASSED, APPROVED and ADOPTED this the~~k day of I~GrCL ,
A.D., 1999.
APPROVED AS TO FORM:
D,~,RIN M. COKER
CITY ATTO RN EY
TOM REID
MAYOR
EXHIBIT "A"
INTERLOCAL AGREEMENT
BETWEEN
CITY OF PEARLAND AND BRAZORIA DRAINAGE DISTRICT NO. 4
FOR CLEARING AND CLEANING OF DITCH AREA
FROM HICKORY CREEK TO THIRD COAST PACKAGING
SWITCH AT BURLINGTON NORTHERN SANTA FE RAILROAD
This Agreement is dated as of the day of , 19 ., by and
between the City of Pea~and, Texas, acting through its City Manager or his designee ("City"), and
the Brazoria Drainage District No. 4, acting through its Superintendent ("District").
City and District, pursuant to the Inte~ocal 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. District agrees to provide, at its own expense, all labor and equipment necessary to
clear and clean the ditch area beginning at Hickory Creek and extending to the Third Coast
Packaging, Inc. switch along the Burlington Northern Santa Fe Railroad. This will entail totally
clearing an area thirty feet (30') in width adjacent and contiguous to the east right-of-way of the
Burlington Northern Santa Fe Railroad beginning at Hickory Creek on the south bank and continuing
south along said right-of-way to the corrugated pipe at the Third Coast Packaging switch. This area
is to be cleared and cleaned of trees and railroad ties and other debris from the right-of-way, with the
exception that no soil is to be removed from the right-of-way, only vegetation. District will also
arrange for the proper disposal of the trees and debris removed from the area.
1.2. City agrees to pay all expenses associated with the disposal of the trees and debris that
is removed from the area to be cleared and cleaned by District.
1.3. David Smith, the City's Emergency Management Director, 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. ,
the natural person selected by District to lead,
accordance with this Agreement.
, is hereby designated as
direct, and coordinate District's site work in
ARTICLE 2
CONTRACT TIME
2.1. The term of this Agreement shall be for a period of 90 days, commencing on
,19__, and terminating on ,19__
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 third party, and
2
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.
SIGNED and ENTERED this day of ,19
ATTEST:
CITY OF PEARLAND
Young Lorfing
City Secretary
By:
Glen R. Erwin
City Manager
BRAZORIA DRAINAGE DISTRICT NO. 4
By:
Mike Yost
Superintendent
3
THE STATE OF TEXAS §
COUNTmS OF BRAZORIA AND HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, 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.
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
PrintedName:
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, 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.
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
PrintedName:
4 iNTERBDD.308
INTERLOCAL AGREEMENT
BETWEEN
CITY OF PEARLAND AND BRAZORIA DRAINA
FOR CLEARING AND CLEANING OF I]
ORIGINAL
FROM HICKORY CREEK TO THIRD COA~ .............
SWITCH AT BURLINGTON NORTHERN SANTA FE RAILROAD
This Agreement is dated as of the ~ day of , 19 , 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 Superintendent ("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. District agrees to provide, at its own expense, all labor and equipment necessary to
clear and clean the ditch area beginning at Hickory Creek and extending to the Third Coast
Packaging, Inc. switch along the Burlington Northern Santa Fe Railroad. This will entail totally
clearing an area thirty feet (30') in width adjacent and contiguous to the east right-of-way of the
Burlington Northern Santa Fe Railroad beginning at Hickory Creek on the south bank and continuing
south along said right-of-way to the corrugated pipe at the Third Coast Packaging switch. This area
is to be cleared and cleaned of trees and railroad ties and other debris from the right-of-way, with the
exception that no soil is to be removed from the right-of-way, only vegetation. District will also
arrange for the proper disposal of the trees and debris removed from the area.
1.2. City agrees to pay all expenses associated with the disposal of the trees and debris that
is removed from the area to be cleared and cleaned by District.
1.3. David Smith, the City's Emergency Management Director, 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. ,
the natural person selected by District to lead,
accordance with this Agreement.
direct,
, is hereby designated as
and coordinate District's site work in
ARTICLE 2
CONTRACT TIME
2.1. The term of this Agreement shall be for a period of 90 days, commencing on
,19 , and terminating on ,19__
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 third party, and
2
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.
SIGNED and ENTERED this day of ,19
ATTEST:
CITY OF PEARLAND
Young Lor~ng
City Secretary
By:
Glen R. Erwin
City Manager
BRAZORIA DRAINAGE DISTRICT NO. 4
By:
Mike Yost
Superintendent
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, 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.
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
PrintedName:
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned Notary Public, on this day personally appeared
, 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.
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires:
PrintedName:
4 INTEKBDD.308
INTERLOCAL AGREEMENT
BETWEEN
CITY OF pEARLAND AND BRAZORIA DRAINAGE DISTRICT NO. 4
FOR CLEARING AND CLEANING OF DITCH AREA
FROM HICKORY CREEK TO THIRD COAST pACKAGING
SWITCH AT BURLINGTON NORTHERN SANTA FE RAILROAD
This Agreement is dated as of the _day of , 19.___, 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 Superintendent ("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. District agrees to provide, at its own expense, all labor and equipment necessary to
clear and clean the ditch area beginning at Hickory Creek and extending to the Third Coast
Packaging, Inc. switch along the Burlington Northern Santa Fe P, ailroad. This will entail totally
clearing an area thirty feet (30') in width adjacent and contiguous to the east right-of-way of the
Burlington Northern Santa Fe Railroad beginning at Hickory Creek on the south bank and continuing
south along said right-of-way to the corrugated pipe at the Third Coast Packaging switch. This area
is to be cleared and cleaned of trees and railroad ties and other debris from the right-of-way, with the
exception that no soil is to be removed from the right-of-way, only vegetation. District will also
arrange for the proper disposal of the trees and debris removed from the area.
INTERLOCAL AGREEMENT
BETWEEN
CITY OF pEARLAND AND BRAZORIA DRAINAGE DISTRICT NO. 4
FOR CLEARING AND CLEANING OF DITCH AREA
FROM HICKORY CREEK TO THIRD COAST pACKAGING
SWITCH AT BURLINGTON NORTHERN SANTA FE RAILROAD
This Agreement is dated as of the _____.__ day of J 19.___, by and
between the City of Pearland, Texas, acting through its City Manager or his designee C City"), and
the Brazoria Drainage District No. 4, acting through its Superintendent ("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. District agrees to provide, at its own expense, all labor and equipment necessary to
dear and clean the ditch area beginning at Hickory Creek and extending to the Third Coast
packaging, Inc. switch along the Burlington Northern Santa Fe Railroad. This will entail totally
clearing an area thirty feet (30') in width adjacent and contiguous to the east right-of-way of the
Burlington Northern Santa Fe Railroad beginning at Hickory Creek on the south bank and continuing
south along said right-of-way to the corrugated pipe at the Third Coast Packaging switch. This area
is to be cleared and cleaned of trees and railroad ties and other debris from the right-of-way, with the
exception that no soil is to be removed from the right-of-waY, only vegetation. District will also
arrange for the proper disposal of the trees and debris removed from the area.
RESOLUTION NO. R99-19
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 TO COOPERATE IN THE CLEARING OF THE DITCH AREA
BEGINNING AT HICKORY CREEK AND EXTENDING TO THE THIRD COAST
PACKAGING, INC. SWITCH.
BE IT HEREBY 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 agreement for and on behalf of
the City of Pearland, to cooperate with Brazoria Drainage District No. 4 in the clearing of the
ditch area beginning at Hickory Creek and extending to the Third Coast Packaging, Inc.
switch.
PASSED, APPROVED and ADOPTED this theI day of
A.D., 1999.
TOM REID
MAYOR
ATTEST:
NG LO' ' ► /
Y SECR TARY
APPROVED AS TO FORM:
DARRIN M COKER
CITY ATTORNEY
INTERLOCAL AGREEMENT
BETWEEN
CITY OF PEARLAND AND BRAZORIA DRAINAGE DISTRICT NO. 4
FOR CLEARING AND CLEANING OF DITCH AREA
FROM HICKORY CREEK TO THIRD COAST PACKAGING
SWITCH AT BURLINGTON NORTHERN SANTA FE RAILROAD
This Agreement is dated as of the tadneAday of Apr; I , 19 99, 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 Superintendent ("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. District agrees to provide, at its own expense, all labor and equipment necessary to
clear and clean the ditch area beginning at Hickory Creek and extending to the Third Coast
Packaging, Inc. switch along the Burlington Northern Santa Fe Railroad. This will entail totally
clearing an area thirty feet (30') in width adjacent and contiguous to the east right-of-way of the
Burlington Northern Santa Fe Railroad beginning at Hickory Creek on the south bank and continuing
south along said right-of-way to the corrugated pipe at the Third Coast Packaging switch. This area
is to be cleared and cleaned of trees and railroad ties and other debris from the right-of-way, with the
exception that no soil is to be removed from the right-of-way, only vegetation. District will also
arrange for the proper disposal of the trees and debris removed from the area.
1
1.2. City agrees to pay all expenses associated with the disposal of the trees and debris that
is removed from the area to be cleared and cleaned by District.
1.3. David Smith, the City's Emergency Management Director, 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. M V l (k e (.)0 c i-'Apt r i w.4.-c1 f, 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 90 days, commencing on
( -% , 19 99, and terminating on ks + , 19 9 9.
2.2. Notwithstanding the provisions set forth in paragraph 2.1. ofthis 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 ofDistrict, and all employees ofDistrict 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 third party, and
2
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.
SIGNED and ENTERED this aid day of A p ri 1 , 19 9 9 .
ATTEST:
3
CITY OF PEARLAND
Glen R Erwin
City Manager
BRAZORIA DRAINAGE DISTRICT NO. 4
By: gilt
Mike Yost
Superintendent
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARMS
BEFORE ME, the undersigned Notary Public, on this day personally appeared
G. le v. R. Er wt ^ , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/sire executed the same for the purposes and
consideration therein expressed.
GIIIVEN UNDER MY HAND AND SEAL OF OFFICE THIS I SS` DAY OF
rt er ; I , A.D., 19 9 9 .
,N , I
4;°°f LISA D. JONES
•
*. NOTARY PUBUC • STATE OF TD AS
a : eo�.r�F,,; ri4�e MY COMMISSION EXPIRES
�tf+t�i1a►'° SEPTEIuBER 211 1999
scarcnievvectcircl--
THE STATE OF TEXAS
COUNTY OF rR tra t D{i a
OiAss
NOTARY PUBLIC,STATE OF TEXAS
Commission Expires: 94 ) 9 9
Printed Name. 5 a 1� -3-o n ex
§
BEFORE ME, the undersigned Notary Public, on this day personally appeared
M k p H 0 S + , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that heSke executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS MI( DAY OF
r`i 1 , A.D., 19 99 .
•.
NOTARY PUBLIC • STATE OF TEXAS
sae--
• @'b
LISA D. JONES
MY COMMISSION EXPIRES
SEPTEMBER 21 1999
i
- _ -cxrY.
4
PUBLIC, ,
Commission Expires:
Printed Name: L I r
NOTARY
TATE OF TEXAS
9/aj/9e
Z To„es
INTERBDD.308