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R98-62 10-26-98RESOLUTION NO. R98-62 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 TO COOPERATE IN THE CONSTRUCTION, IMPROVEMENT, MAINTENANCE, AND/OR REPAIR OF STREETS OR ALLEYS LOCATED WITHIN THE CORPORATE CITY LIMITS OF PEARLAND. 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 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 the original of the attached agreement for and on behalf of the City of Pearland, to cooperate with Brazoria County to cooperate in the construction, improvement, maintenance, and/or repair of streets or alleys located within the corporate City limits of Pearland. PASSED, APPROVED and ADOPTED this the ~+~--day of , A.D., 1998. ATTEST: TOM REID MAYOR RESOLUTION NO. R98-62 APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 fl ORDER NO. 15 RE: AUTHORIZATION TO PROVIDE NEW BLANKET INTERLOCAL AGREEMENTS FOR APPROVAL BY CITIES Motion by Commissioner Clawson, seconded by Commissioner Patterson that the County Engineer be authorized to provide new blanket interlocal agreements to cities for their approval In a form as prepared by the District Attorney's Office Civil Division pursuant to provisions of Ch. 251.012, Transportation Code, and to subsequently submit same for approval by Commissioners Court. Further, that a certified copy of this order be furnished to the County Engineer. Motion carried, all present voting aye. • THE STATE OF TEXAS ) COUNTY OF BRALORIA ) I, Dolly Bailey, Clerk County Court and Ex-Officio Clerk of the Commissioners' Court of Brazoria County, Texas, do hereby certify that the foregoing is a true and correct copy of that certain: ORDER NO. 15 RE: AUTHORIZATION TO PROVIDE NEW BLANKET INTERLOCAL AGREEMENTS FOR APPROVAL BY CITIES as passed by the Commissioners'Court Special Term of Commissioners' Court on SEPTEMBER 29, 1998 and as the same appear (s) in the Commissioners' Court Records of Brazoria County, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 29th DAY OF • SEPTEMBER, A.D., 1998. DOLLY BAILEY, Clerk County Court and Ex-Officio Member of the Commissioners' Court of Brazoria County, Texas Byedd; (44_,A.,d... Deputy Eddie Hurst EXHIBIT 4 THE STATE OF TEXAS § § COUNTY OF BRAZORIA § 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, TEXAS, acting through its Mayor (hereinafter"City.") • NOW THEREFORE, THE COUNTY AND THE CITY agree as follows: I. 1.0 The term of this AGREEMENT shall be from October 1, 1998, to September 30, 1999. 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 1.4, including necessary .roadbed preparation, asphalt paving, culverts and ditch work, installation of permanent traffic signs,and other routine road maintenance operations. 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, upon provision by City of purchase order to the contractor for the full amount of such services. ( 1 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 project 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. II. 2.0 To the extent authorized by law, the City hereby agrees to assume the risk of, defend, hold harmless, and fully indemnify 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. l • III. 3.0 Either`party may terminate this agreement upon thirty (30) days written notice to the other party. 3.1 Nothing herein shall be construed to make either party a purchaser or consumer of goods orservices from the other. 3.2 Nothing herein shall be construed to create any rights in third parties. SIGNED AND ENTERED this theq Tday of Ifte °---', 1998. BRAZORIA COUNTY,TEXAS CITY OF PEARLAND,TEXAS 111114111.▪- ▪ By: John Willy By: Mayor c_____:). • • Brazoria County Judge • • ```��eeeeueeiiii� O A St`:) ' t -7_4_i S. i s.• • / esnn► o. R Fs-," Darrin M. Coker ,' Ca/ �L .,,,,,F�,,,,, , O Lisa D. Jones City Attorney Legal Secreary (281) 485-2411 x311rivatiMML".)* (281) 485 2411 x316 Telecopier (281) 485-4572 Telecopier (281) 485-4572 ' TEXAS FST. t 8�� November 10, 1998 The Honorable John Willy Brazoria County Judge 111 East Locust, Suite 308 Angleton, Texas 77515 Re: Interlocal Agreement Dear Judge Willy: On October 26, 1998, the City of Pearland formally adopted an Interlocal Agreem nt between Brazoria County and the City of Pearland providing for cooperation in the construction, improvement, maintenance, and/or repairs of streets or alleys located within the City of Pearland. I have enclosed two original copies of the Interlocal Agreement for execution by Brazoria County. When both originals have been fully executed, please forward one original to our office for our files. Thank you for your assistance in this matter. Sincerely, Darrin M. Coker City Attorney DMC/ldj Enclosures 134 3519 LIBERTY DRIVE•PEARLAND,TEXAS 77581 • (281)485-2411 •www.ci.pearland.tx.us es tir, , / » ... > - ? w/}± ��� ©�a . \ § / \ƒ: g wk & d \,,— ,. \ \> \y yy ' . . w. : � . . . . 2 ° \ \i �- ' . y . . . y %/ y. . . . . . . w\ . se© — » ©