R97-11 02-10-97RESOLUTION NO. R97-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING AND APPROVING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PEARLAND AND BRAZORIA DRAINAGE
DISTRICT NO. 4 FOR CHANNELIZATION OF MARY'S CREEK AT
CENTENNIAL BOULEVARD.
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 Drainage District No. 4 relating to channelization of
Mary's Creek, a similar facsimile 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 is hereby authorized to execute and the
City Secretary to attest the original and counterparts of the attached Agreement for
and on behalf of the City of Pearland.
PASSED, APPROVED and ADOPTED this the/~day
A.D., 1 997.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY
INTERLOCAL AGREEMENT
BETWEEN
CITY OF PEARLAND AND BRAZORIA DRAINAGE DISTRICT NO. 4
FOR CHANNELIZATION OF MARY'S CREEK
This Agreement is dated as ofthe~,~.0~'day of ~[9c~c~ , 19 q,~byand
between the City of Pearland, Texas, acting through its City Manager C City"), and the Brazoria
Drainage District No. 4, acting through its General Manager ("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, channelization of Mary's Creek
adjacent to and approximately 300 linear feet upstream of the two bridges to be constructed
along Centennial Boulevard, located within the corporate limits of the City of Pearland, Texas,
including but not limited to digging, realignment and spreading of the new spoil bank.
To accomplish this task, District further agrees to provide the personnel, operators, drag line,
bulldozer, hauling equipment, and all materials necessary, including all required warning and
safety signs, to efficiently and expeditiously complete said channelization.
1.2. Prior to District's channelization of Mary's Creek in accordance with Section 1.1
herein, Ci.ty agrees to provide, at its own expense, demolition and spreading of the
old spoil bank located along Mary's Creek adjacent to and approximately 300 linear feet
upstream of the two bridges to be constructed along Centennial Boulevard, located within the
corporate limits of the City of Pearland, Texas. City also agrees to stake said bank for new
channelization to be conducted by District. To accomplish this task, City further agrees to
provide the engineering for said channelization along with personnel, operators, hauling
equipment, and all materials necessary, including all required warning and safety signs, to
efficiently and expeditiously complete said demolition.
1.3. Mr. John Hargrove, City Engineer, is hereby designated as the natural person
selected by City to lead, direct, and coordinate Ci(y's site work in accordance with this
Agreement.
1.4. Mr. Daniel Cano, General Manager, 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 six (6) months, commencing
on the &00'V}~ay of February, 1997, and terminating on the ,g~*c~ay of August, 1997.
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.
2
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 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 /~q4~ day of ~2~[or 6c~.'"-~ , 19 ~7 ·
ATTEST:
~n~enr~my ~d~q,,dretary
By:
Paul Grohman
City Manager
BRAZORIA DRAINAGE DISTRICT NO. 4
By:
Daniel Cano
General Manager
4
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on ~'-~]o r~,~ a .,--~ I ,,X, · 19 ~,'~, by
Paul Grohman, City Manager of the City of Pearland, Texas, a Texas'home rule municipal
corporation, on behalf of said corporation.
NOTARY PUBLIC,/STATE OF TEXAS
Commission Expires:
Printed Name:
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on ~'~-~3 ~'~6~-'-I
Daniel Cano, General Manager of Brazoria Drainage District No. 4.
Notary Pul~lc State of Texas
Cornmil~slo~ Expires
NOTARY PUBLIC, STATE OF TEXAS
Commission Expires: ~.5 -2 ~3 - ~) -]
P i ed me:
5 INTERBDD.97