R97-36 06-23-97RESOLUTION NO. R97-36
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
CONSTRUCT SOCCER FIELDS FOR PROJECTS LOCATED AT
INDEPENDENCE PARK AND CENTENNIAL PARK.
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 in the construction of soccer
fields for projects located at Independence Park and Centennial Park.
PASSED, APPROVED and ADOPTED this the,~~ay of~~-t2'-/ ,
A.D., 19~/~.
TOM REID
MAYOR
ATTEST:
APPR~ED AS TO FORM:
CITY AZTORNEY
ORDER NO. 22 RE:
INTERLOCAL AGREEMENT - CITY OF
PEARLAND FOR INDEPENDENCE AND
CENTENNIAL PARKS*
Motion by Commissioner Harris, seconded by Commissioner Clawson that the
following action be taken by the Court:
Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas
Government Code and Section 251.015 of the Transportation Code, an Interlocal
Agreement be approved with the City of Pearland to furnish labor and equipment for
two projects to spread earth fill material to assist in construction of soccer fields at
Independence Park and at Centennial Park on property belonging to the City.
Reimbursement shall be made to the County for personnel and equipment, if
such costs exceed the $3,000 amount per project the County is authorized to expend
without repayment pursuant to Section 251.015 of the Transportation Code.
The County Judge is authorized to sign the above-referenced Interlocal Agreement on
behalf of the County.
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 BRAZORIA )
I, Dolly Bailey, Clerk County Court and Ex-Offido 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. 22 RE: INTERLOCAL AGREEMENT - CITY OF
PEARLAND FOR INDEPENDENCE AND
CENTENNIAL PARKS*
as passed by the Commissioners' Court on the 9th day of JUNE, A.D., 1997,
REGULAR Term of Commissioners' Court, and as the same appear (s) in the
Commissioners' Court Records of Brazoria County, Texas.
GIVEN UNDER HY HAND AND SEAL OF OFFICE, this the 10th day of
JUNE, A.D., 1997.
DOLLY BAILEY, Clerk County Court and Ex-Officio
Clerk of the Commissioners' Court of Brazoria
County, Texas
By Deputy
Eddie Hurst
THE STATE OF TEXAS
COUNTY OF BKAZORIA §
INTERLOCAL AGREEMENT BETWEEN
BRAZORIA COUNTY AND THE CITY OF PEARLAND
97-014
This Agreement is made between BRAZORIA COUNTY and the CITY OF PEARLAND,
hereinafter referred to as the COUNTY and the CITY respectively.
RECITALS
WHEREAS, the CITY wishes to construct soccer fields for two projects located at
Independence Park and at Centennial Park, parks maintained by the CITY and located within the
municipal limits of the CITY; and
WHEREAS, the CITY has requested the COUNTY's assistance in the spreading of earth
fill material; and
WHEREAS, the COUNTY has agreed to utilize Brazoria County Road & Bridge
equipment and employees to perform this work pursuant to the authority of Tex. Transp. Code
§251.015, and the Interlocal Cooperation Act, Tex. Gov. Code Sec. 791.001 et. seq., subject to
the conditions and limitations of this Agreement;
NOW THEREFORE, the CITY and COUNTY agree as follows:
1.01 COUNTY agrees to supply such equipment as' may be necessary together with operators,
to spread earth fill material for soccer fields on the above-described property.
1.02 The CITY agrees that in the event COUNTY costs in spreading fill material exceed
$3,000 per project for the two park projects, the CITY shall pay, from the point in time that
COUNTY's costs equal the sum of $3,000, the labor costs and the hourly rental value on
equipment used, plus any other costs associated .with the use of the equipment including the fuel
used by the equipment. The rental value shall be calculated by assessing the average hourly rental
value of such equipment from private sources, and multiplying the same by the number of hours
such equipment has been utilized in excess of the point in time when COUNTY's costs equaled
the sum of $3,000.
2. The parties intend that 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. COUNTY
is not to be considered an agent or employee of CITY.
3. To the extent permitted by law, CITY agrees to assume the risk of, fully indemnify, hold
harmless and defend COUNTY, its agent, officers and employees from any and all loss, damage,
cost demands and 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.
4. COUNTY executes this Agreement by and through the County Judge acting pursuant to
Order of the Commissioners Court so authorizing, and the CITY executes this Agreement by and
through its Mayor acting pursuant to authorization of the City Council.
5. Nothing herein shall be construed to make either party a purchaser or consumer of goods
or services from the other.
6. Nothing herein shall be construed to create any rights in third parties.
7. Fulfillment of the terms of this Agreement is contingent upon approval of the State of
Texas for such work to occur within its right-of way.
IN TESTIMONY OF WHICH, witness our signatures on the execution dates herein
below.
CITY OF PEARLAND
MAYOR
CITY OF PEARLAND
t
Date signed: ~" '/~' f
BRAZORIA COUNTY, TEXAS
By:
GE
:OUNTY, TEXAS
Date signed: ~' ' ~ 7
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BEVERLY W. LANDS, P.E. . , Are lfa Ilizl , '1',l i 9I ` ` 1 '
' ,aT7' Telephone: (409)849-5711
COUNTY ENGINEER Ext. 1265
�1/AZO1 A GOiTNTY Houston (713)331-6101
BRIAN COURTS, P.E. Ext. 1265
ASSISTANT COUNTY ENGINEER 200 EAST LOCUST, ROOM 10 FAX-Ext. 1270
ANGLETON, TEXAS 77515
June 10, 1997
Mayor Tom Reid
3519 Liberty Drive
Pearland, Texas 77588-5416
RE: INTERLOCAL AGREEMENT 97-014
Dear Mayor Reid:
Enclosed are two original copies of the Interlocal Agreement between Brazoria County
and the City of Pearland to construct soccer fields for two projects located at
Independence Park and at Centennial Park.
Please sign and return one copy for our files.
Sincerely,
Beverl . Lands, P.E.
Brazoria County Engineer
BWL/dg
Enclosures
tf
THE STATE OF TEXAS
Pa,,,,e
COUNTY OF BRAZORIA
INTERLOCAL AGREEMENT Bhp
BRAZORIA COUNTY AND THE CITY P -// 1
97-014 i I
This Agreement is made between BRAZORIA COUNT' W i
hereinafter referred to as the COUNTY and the CITY respecti •
RECITALS �m
WHEREAS, the CITY wishes to construct soccer fields for two projects located at
.Independence Park and at Centennial Park, parks maintained by the CITY and located within the
municipal limits of the CITY; and
WHEREAS, the CITY has requested the COUNTY's assistance in the spreading of earth
fill material; and
WHEREAS, the COUNTY has agreed to utilize Brazoria County Road & Bridge
equipment and employees to perform this work pursuant to the authority of Tex. Transp. Code
*251.015, and the Interlocal Cooperation Act, Tex. Gov. Code Sec. 791.001 et. seq., subject to
the conditions and limitations of this Agreement;
NOW THEREFORE, the CITY and COUNTY agree as follows:
1.01 COUNTY agrees to supply such equipment as may be necessary together with operators,
to spread earth fill material for soccer fields on the above-described property.
1.02 The CITY agrees that in the event COUNTY costs in spreading fill material exceed
$3,000 per project for the two park projects, the CITY shall pay, from the point in time that
COUNTY's costs equal the sum of $3,000, the labor costs and the hourly rental value on
equipment used, plus any other costs associated with the use of the equipment including the fuel
used by the equipment. The rental value shall be calculated by assessing the average hourly rental
value of such equipment from private sources, and multiplying the same by the number of hours
such equipment has been utilized in excess of the point in time when COUNTY's costs equaled
the sum of$3,000.
2. The parties intend that 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. COUNTY
is not to be considered an agent or employee of CITY.
3. To the extent permitted by law, CITY agrees to assume the risk of, fully indemnify, hold
harmless and defend COUNTY, its agent, officers and employees from any and all loss, damage,
cost demands and 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.
4. COUNTY executes this Agreement by and through the County Judge acting pursuant to
Order of the Commissioners Court so authorizing, and the CITY executes this Agreement by and
through its Mayor acting pursuant to authorization of the City Council.
5. Nothing herein shall be construed to make either party a purchaser or consumer of goods
or services from the other.
6. Nothing herein shall be construed to create any rights in third parties.
7. Fulfillment of the terms of this Agreement is contingent upon approval of the State of
Texas for such work to occur within its right-of way.
IN TESTIMONY OF WHICH, witness our signatures on the execution dates herein
below.
CITY OF PEARLAND B° •RI• COUNTY, TEXAS
By: c - '�` By: I I kei.1
MAYOR COUN/ � D
CITY OF PEARLAND B' • c ' C e Y, TEXAS
Date signed: 9 7 Date signe,. G -q- q 7
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