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R97-03 01-13-97RESOLUTION NO. R97-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL DEVELOPMENT AGREEMENT WITH PEARLAND INDEPENDENT SCHOOL DISTRICT TO COOPERATE IN THE CONSTRUC- TION OF SCHLEIDER DRIVE . BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain interlocal development agreement by and between the City of Pearland and Pearland Independent School District ("P.I.S.D."), 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 P.I.S.D. in the construction of Schleider Drive. PASSED, APPROVED and ADOPTED this the//~.~ day of ~ , TOM REID MAYOR ATTEST: Y(~At'NDA C. BENITL::~Z CITY SECRETARY RESOLUTION NO. R97-3 APPR~/ED AS TO FORM: 2 INTERLOCAL DEVELOPMENT AGREEMENT (EXHIBIT "A" TO RESOLUTION R97-3) This Interlocal Development Agreement is entered into this [5 day of (~~B, 1997, by and between the CITY OF PEARLAND, TEXAS ("City"), and PEARLARD INDEPENDENT SCHOOL DISTRICT ("District") for the construction of Schleider Drive. WITNESSETH: WHEREAS, District plans to construct C. J. Harris Elementary School on a site located between Plum Street and Barry Rose Road, east of the Heritage Green subdivision; and WHEREAS, District has determined that it is in the best interest of its patrons that a public street and appurtenant storm sewer facilities be constructed adjacent to the site to provide safe and efficient ingress and egress for the school; and WHEREAS, City has determined that extension of said public street from the school to Plum Street will inure to the benefit of the public health, safety and welfare; and WHEREAS, District requires water and sanitary sewer service to the site; and WHEREAS, City desires to provide water and sanitary sewer service to the site; and WHEREAS, City and District desire an agreement to set forth their respective responsibilities with regard to providing public access and water and sanitary sewer service to the site; and WHEREAS, this Interlocal Development Agreement is authorized under Texas Education Code Section 44.031 and Texas Government Code, Chapter 791; NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as follows: District shall pay one hundred percent (100%) of all costs associated with constructing Schleider Drive from Barry Rose Road to the northernmost driveway of the proposed C. J. Harris Elementary School. City and District shall share the cost of extending Schleider Drive from the northernmost school driveway to Plum Street, each paying fifty percent (50%) of said costs. Said costs to be based upon actual 'construction costs determined by competitive line item bids or proposals, accepted by City. City's share of construction costs shall be converted to a percentage of total construction costs in the contract and such percentage deducted from each approved payment request sent to District for reimbursement to City. The same ~ 10. percentage shall be applied to total engineering services paid by District and said amount paid by City to District upon completion of the project. District shall employ a professional engineering firm (District Engineer) to design the aforementioned street, drainage, water and sanitary sewer improvements and prepare construction plans and bid documents for the same in accordance with City specifications. During construction, District Engineer shall also make periodic inspections, review contractor's payment requests, and forward approved payment requests to City Engineer and District's project manager concurrently. City shall administer the construction contract and act as the owner for purposes of contract- ing with a construction company. City will solicit bids/proposals for the construction work as required by Texas law. City Engineer shall notify District's project manager in writing after he reviews and approves the contractor's payment request, along with any changes made to the payment request forwarded him by District Engineer. District's project manager shall coordinate payment of the approved amount by District to City within a reasonable time period not to exceed five (5) days. City shall pay the contractor within the time frame provided in the construction contract, contingent upon payments received by District. All bid documents or documents related to City's request for proposal are incorporated herein as additional contract documents for all purposes. Notwithstanding the provisions set forth herein, this Agreement may be terminated at any time after the execution hereof upon agreement of both parties in the event that said project is deemed unfeasible and not in the best interests of the public. The rights and obligations of this Agreement may not be assigned without prior written consent of City and District. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas, and may be amended or modified only by written agreement signed by both parties. This agreement and all obligations created hereunder shall be performable in Brazoria County, Texas. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is prohibitive or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 2 12. Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction. The parties covenant and agree to respectively hold harmless each other in the event that damages are occasioned by and in the reasonable exercise of each party's respective rights under this Agreement. 13. Resolution No. R97-3 is made a part of this Interlocal Development Agreement for all purposes. In witness whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. PEARLAND INDEPENDENT SCHOOL DISTRICT By: 0~ames P. Schleider, Superintendent ATTEST: CITY OF PEARLAND, · a Texas home rule municipal co~q~t~on BY'Paul Grohman, City Manager 3 THE STATE OF TEXAS§ COUNTY OF BRAZORIA§ /.~~~, ,,da~y~ ....... y,ames h,ei er, Superin enden In epTen ,.~ ~~~~'~ ~ NO~Y PUBLIC, STATE OF ~S ~ ~,~i.(~]~ta.~u,c. :',:~,* o* '~ ~ ~m~ssion Expires: - ~ 7 ~ %~~,i~mr,~e,-,2-~_~ Printed Name:~~A/~ ~, ~/~ THE STATE OF TEXAS § COUNTY OF BRAZORIA § This instrument was acknowledged before me on the ~--.,(*+'~ay of qb~u*a.~q 1997, by Paul Grohman, City Manager of the City of Pearland. Texas, a Texas home' municipal corporation, on behalf of said corporation. NOTARY P~I~L~C, S/rATE OF TEXAS Commission Expires: C~/.).. ~ / ~ ~ Printed Name: ~] ~ a /"~. ~'--or~e rule 4