R99-039 04-26-99RESOLUTION NO. R99-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL
AGREEMENT WITH BRAZORIA COUNTY PERMITTING THE COUNTY TO
FURNISH A HERBICIDE SPRAY TRUCK WITH OPERATOR TO THE CITY
OF PEARLAND FOR TWO WEEK PERIODS IN APRIL, MAY, AND JULY OF
1999, TO SPRAY STREET RIGHTS-OF-WAY IN THE CITY.
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 Mayor 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's furnishing of a herbicide spray truck with operator to
the City of Pearland for a period of four weeks during April, May, and July of 1999, to spray
street rights-of-way in the City.
PASSED, APPROVED and ADOPTED this the r~f'/~
A.D., 1999.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
RE
MAYOR
__ day of PF)Y'I I
EXHIBIT "A"
INTERLOCAL AGREEMENT
BETWEEN
BRAZORIA COUNTY AND THE CITY OF PEARLAND
This Agreement is made between BRAZORIA COUNTY and the CITY OF
PEARLAND, hereina~er referred to as the COUNTY and the CITY, respectively.
RECITALS
WHEREAS, the CITY wishes to control growth of weeds and grass on street
rights-of-way located within the municipal limits of the CITY; and
WHEREAS, the CITY has requested the COUNTY's assistance in providing a
spray truck with operator to spray street rights-of-way; 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 a herbicide spray truck with operator, for a period of
four work weeks during April, May, and July 1999, to spray street rights-of-way.
1.02. The CITY agrees to furnish all materials, and in the event COUNTY costs in
spraying rights-of-way exceed $3,000.00, the CITY shall pay, from the point in time that
COUNTY's costs equal the sum of $3,000.00, 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 $3,000.00.
1.03. The parties intend that COUNTY, in performing such services, shall act as an
independent contractor and shall have control of the work in the manner in which it is
performed. COUNTY is not to be considered an agent or employee of CITY.
1.04. To the extent permitted by law, CITY agrees to assume the risk of, fully indemnify,
hold harmless and defend COUNTY, its agents, 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.
1.05. 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 its
City Council.
1.06. Nothing herein shall be construed to make either party a purchaser or consumer
of goods or services from the other.
1.07. Nothing herein shall be construed to create any rights in third parties.
IN TESTIMONY OF WHICH, witness our signatures on the execution dates herein
below.
ATTEST:
Tom Reid
Mayor
ATTEST:
BRAZORIA COUNTY, TEXAS
Printed Name:
Title:
By:
Printed Name:
Brazoria County Judge
2
STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Tom Reid, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
'~t , A.D., 19
DAY Of
STATE OF TEXAS
Printed Name:
My Commission Expires: ~//~ /
STATE OF TEXAS
COUNTY OF BRAZORIA
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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
,A.D., 19
DAY OF
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name:
My Commission Expires:
3
CITY OF PEARLAND
OFFICE OF THE CITY SECRETARY
3519 LIBERTY DRIVE., PEARLAND TEXAS 77581-5416
(281) 485-2411, EXT. 341
FAX (281) 485-1106
FAX TRANSMITTAL COVER SHEET
TO:
FROM:
DATE:
NO.
MARVENE - BRAZORIA COUNTY
FAX (281) 756.1270
YOUNG LORFING - CITY SECRETARY
April 30, 1999
OF PAGES:__5 INCLUDING THIS COVER SHEET
SUBJECT: RESOLUTION NO. R99-39 AS REQUESTED BY ED HERSH.
IF YOU HAVE ANY QUESTIONS PLEASE CALL ME AT 485-2411 EXT. 341.
ID.' APR 30"-99 8:55
TRANSNIT
CONFIRNAT'ION REPORT
N0. : 002
RECEIVER : 409 849 5Fll
TRANSNITTER :
DATE : APR 30'99
DURATION : 02'21
NODE : STD
PAGES : 05
RESULT : OK
1270
8:55
MEMORANDUM
Honorable' Mayor and City Council
T~O'UGH:
FROM:
DATE:
Glen Erwin, City Manager
Ed Hersk Director of Parks & Recreation
April 19, 1999
SUBJECT:
Consideration and Possible Action: interlocal Agreement with Brazoria
County fbr use ofherbicide truck.
The Parks and Recreation Department is responsible for the mowing of right-of-ways
throughout the City. Two years ago we initiated a pilot program spraying selected right-
of:ways with herbicides to control the growth of weeds and grass. We were successful in
these areas as they required less mowing than those areas not treated with herbicides.
Three years ago a study of right-of-ways maintenance undertaken by University of
Houston-Clear Lake students recommended that the City initiate a herbicide program.
The cost of contracting for herbicide spraying is extremely expensive. Our current
budget does not allow for this service. An effective herbicide program requires spraying
twice a year. It is our goal to have right-of:ways and ditches with grass rather than with
weeds. By spraying these areas twice a year, we believe that this is possible. In addition
to creating a more attractive area, spraying reduces the number of mowings and increases
our efficiency.
The proposed interlocal agreement with Brazoria County fbr use of a herbicide truck and
operator will allow us to expand our level of service. The City will be responsible for the
purchase of all herbicides and the spraying will be done under the supervision of a
licensed applicator. The proposed agreement allows the City the use of the herbicide
truck and operator fbr a period offbur work weeks during April, May and July 1999.
At the April 13, 1999 County Commissioners Court, the Commissioners passed the
proposed Interlocal Agreement.
In addition, we are requesting that a working crew leader position be creased. This
position is needed for effective supervision of the right-of-way mowing crew. The cost
fbr this proposed position would be revenue neutral, with funds being transfbrred within
the Parks budget.
Staff recommends approval of the proposed Inte~ocal Agreement with Brazoria County
and the creation of a crew leader position within the Parks and Recreation Department.
EDH/ba c:Inerlocal Agreement 1999