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R2008-058 2008-04-14RESOLUTION NO. R2008-58 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 ASSOCIATED WITH THE CULLEN PARKWAY EXPANSION PROJECT. 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 City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Interlocal Agreement with Brazoria County. PASSED, APPROVED and ADOPTED this the 14th day of 'I A. D., 2008. U~ TOM REID MAYOR ATTEST: `:~:. r- Y UNG R IN , T C 5 ~;=., Y SE RETARY ,. ....,. APPROVED AS TO FORM: ~ ~ _.~ DARRIN M. COKER CITY ATTORNEY Exhibit "A" R2008-58 08-0108 Cullen Parkway Expansion (Brazoria County} THIRD PEARLAND-BRAZORIA COUNTY INTERLOCAL AGREEMENT CONCERNING THE CONSTRUCTION OF NEW THOROUGHFARES The voters of Brazoria County, Texas have authorized the issuance of road bonds to finance certain aspects of the Brazoria County Mobility Plan. The citizens of Pearland, Texas have likewise issued bonds and set aside funds from other sources to participate in the Mobility Plan. Brazoria County, Texas ("County") and the City of Pearland, Texas ("City") agreed to participate in a road construction project as set out below. The parties agree to cooperate to obtain maximum financial and administrative participation from the Texas Department of Transportation ("TXDOT") in these projects. This agreement made pursuant to Texas Government Code §791.011 between City and County in that it contemplates the furnishing of governmental functions and services between the parties as defined by Texas Government code §791.003 (3) (C), (I), (J), and (N). Each party agrees that any payments for the performance of governmental functions or services shall be from current revenues available to the paying party and further that such payments shall fairly compensate the performing party for the service or materials it supplies provided for the other party's benefit. City warrants that its City Council approved this agreement by Ordinance dated 2008 authorizing its Mayor to execute it on City's behalf. County warrants that its Commissioners' Court approved this agreement by Court Order No. dated March 11, 2008 authorizing its County Judge to execute it on the County's be alf, and specifically approving each project listed in this fnterlocal Agreement. This agreement contemplates that the City shall assume the role of lead participant for each project. The parties agree that the lead participant shall manage the City-County partnership and coordinate and negotiate the partnership's relationship with TXDOT. Each party acknowledges and agrees that it shall furnish the services promised, whether by contractor or not, in compliance with TXDOT guidelines and timely provide such monies as promised herein to fund its respective share of each project, subject to the following: (1) funding and services by the parties is optional for the project if TXDOT declines to participate; (2) funding and services for the project is subject to the availability of current fiscal year revenue or bond revenue and the appropriation of such revenue by the party's governing body to the project to be commenced; and provided that, (3) upon appropriation of revenue for the project described herein and upon commencement of a party's funding or services for the project or execution of a construction contract for the particular project, the parties shall be obligated to the construction funding and services described in this Agreement for the project, and that specific project only. This agreement covers the following projects: Cullen Boulevard from Texas F.M. 518 to McHard Road. The parties agree to provide the following services, either directly or by contracting (which is subject to TXDOT approval) and the following levels of funding subject to the conditions and exceptions described hereinabove. CULLEN BOULEVARD FROM TEXAS F.M. 518 TO McHARD ROAD CITY RESPONSIBILITIES: (1) City shall act as lead participant (2) City shall prepare the schematic and PS&E, obtain all necessary permits and relocate utilities (3) City shall submit PS&E to TXDOT for bidding and construction administration. (If, at the City's option, project is begun prior to TXDOT funding availability, City shall bid and administer the project.) (4) City shall base its design and related activities on the proposition that the project will be constructed as a four-lane boulevard section. (5) City shall take all steps necessary to request funding from HGAC and TXDOT and shall act as local sponsor of the project. (6) City shall fund up to $15,699,977 of the cost of the project COUNTY RESPONSIBILITIES: (1) County shall remit $700,023 for the project costs within 10 days of construction award for the project. (2) County shall assist and support City in seeking construction funding from HGAC and TXDOT. Intending to be legally bound, the parties hereto have executed this Agreement effective as of the effective date of the Agreement, Apri 1 14. 2008 , 2008. CITY OF PEARLAND, TEXAS By: ~1 ~~ BRAZORIA COUNTY ey: Print Name: Bi 11 Eisen Title: City Manager Date: Apri 1 14, 2008 Print Name: E.J. King Title: County Judge Date: ~ --1 l ~ © ~ 0,OFT� GERALD L.ROBERTS,P.E. COUNTY ENGINEER (979)864-1265 ANGLETON kid (979)388-1265 CLUTE 141, TAMMY JACOBS, P.E. do (281)756-1265 HOUSTON ASSISTANT COUNTY ENGINEER YpSSP' (979)864-1270 FAX KEVIN B.SHERRODD, P.E. ASSISTANT COUNTY ENGINEER BRAZORIA COUNTY 451 N VELASCO,SUITE 230 ANGLETON,TEXAS 77515 March 19, 2008 City of Pearland _ 3519 Liberty Drive Pearland, Texas 77581 Attn: Bill Eisen City Manager Bill, Please find attached two copies of the Inter-local Agreement with Brazoria County for adding FM 865, Cullen Blvd. contribution, $700,023 to our previous Mobility Bond Funds commitments to the City. The agreement has been approved by Commissioner's Court and signed by Judge King. Also attached is a copy of the related Court Order. Please have this agreement executed by the City and return one copy to my office. As the project/projects move to the Construction Phase (Bid letting), we can send the City the contribution. Keep us informed as to your schedules as I will need a little time (30 to 60 days) to issue the Bonds. The Court has also authorized the issuance of Bonds in the amount of$8,000,000 (including $2 Million for ROW, CR 101) for this project as well as the Service Roads on SH 288 ($2,867,000) and Dixie Farm ($2,140,000). Thanks for your help in this matter. � 1 Gerald L oberts, P.E. Brazoria County Engineer Cc: Brazoria County Judge, E. J. King Brazoria County Commissioner Jack Harris Brazoria County Commissioner Matt Sebesta Brazoria County Commissioner Mary Ruth Rhodenbaugh ORDER NO. 80 RE: CONSIDER DRAWING OF ADDITIONAL MOBILITY • BOND SALES PROCEEDS Motion by Commissioner Harris, seconded by Commissioner Sebesta that the following action be taken by the Court: 1. The Court approves drawing a sum not exceeding $8,000,000 from the proceeds of the sale of the Mobility Bond Issue approved by the public in November of 2004 to be used for the following projects: a. Purchase of County Road 101 project right-of-way: $2,001,686; b. Finance County contribution to Dixie Farm Road project with the City of Pearland: $2,140,000; c. Finance County participation in State Highway 288 frontage road expansion with the City of Pearland: $2,867,000; and d. Finance County contribution to Texas Farm-to-Market Road No. 865 (Cullen Drive) expansion project with the City of Pearland: $700,023. e. All or part of such other projects which may have been set out in the Order Calling Bond Election dated August 10, 2004. 2. All payments shall be made only if TX Dot and/or the City of Pearland has the specific project ready to let for construction. 3. The Court finds that Brazoria County is entitled to reimbursement for expenditures obligated to carry out the foregoing projects. 4. The County Judge is authorized to execute all documents necessary to implement this order. 5. A certified copy of this order shall be delivered to the County Engineer and to Estrada Hinojosa. Motion carried, all present voting aye. • STATE OF TEXAS ) . COUNTY OF BRAZORIA ) I, Joyce Hudman, 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. 80 RE: CONSIDER DRAWING OF ADDITIONAL MOBILITY BOND SALES PROCEEDS as passed by the Commissioners' Court on the 11th day of MARCH A.D., 2008, REGULAR Term of Commissioners' Court 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 14th DAY OF MARCH, A.D., 2008. JOYCE HUDMAN, Clerk County. Court• and Ex-Officio Member of the Commissioners' Court of Brazoria County;Texas By Deputy j0V/C_______ . Geserick - i ORDER NO. 81 RE: ORDER APPROVING EXECUTION OF THIRD PEARLAND-BRAZORIA COUNTY INTERLOCAL AGREEMENT CONCERNING THE CONSTRUCTION OF NEW THOROUGHFARES - CULLEN BOULEVARD FROM F.M. 518 TO MCHARD ROAD Motion by Commissioner Harris, seconded by Commissioner Rhodenbaugh that the Court approves execution of the attached Pearland - Brazoria County Third Interlocal Agreement concerning the Construction of New Thoroughfares and approves the project as described in that Agreement, and The Court authorizes the County Judge to execute the Agreement on behalf of Brazoria County, and Further, that a certified copy of this order be furnished to the County Engineer. Motion carried, all present voting aye. STATE OF TEXAS ) COUNTY OF BRAZORIA ) I, Joyce Hudman, 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. 81 RE: ORDER APPROVING EXECUTION OF THIRD PEARLAND-BRAZORIA COUNTY INTERLOCAL AGREEMENT CONCERNING THE CONSTRUCTION OF NEW THOROUGHFARES - CULLEN BOULEVARD FROM F.M. 518 TO MCHARD ROAD as passed by the Commissioners' Court on the 11th day of MARCH A.D., 2008, REGULAR Term of Commissioners' Court 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 14th DAY OF MARCH, A.D., 2008. JOYCE HUDM-AN, Clerk County Court and Ex-Officio Member of the Commissioners' Court of Brazoria County, Texas By Deputy ' = , Geserick