R2003-0110 08-11-03 RESOLUTION NO. R2003-1'10
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
FOR THE CONSTRUCTION, IMPROVEMENT, MAINTENANCE, AND
REPAIR OF DESIGNATED STREETS OR ALLEYS WITHIN THE
CITY OF PEARLAND.
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 the interlocal agreement with Brazoria County for the
construction, improvement, maintenance, and repair of designated streets or alleys within
the City of Pearland.
PASSED, APPROVED and ADOPTED this the 11th dayof August ,
A.D., 2003.
ATTEST:
~N G~,~F~N~I'~ C
TY S~2:RETA~Y
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Exhibit "A"
Resolution No. R2003-1 '~ 0
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
INTERLOCAL AGREEMENT
This agreement is made at Angler°n, Brazoria County, Texas between
BRAZORIA COUNTY, TEXAS acting through its Commissioners' Court (hereinafter
"County"), and THE CITY OF PEARLAND, TEXAS, acting through its Mayor
(hereinafter "City").
NOW THEREFORE, THE COUNTY AND THE CITY agree as follows:
1.0 The term of this agreement shall be from October 1, 2003, to September 30, 2004.
The AGREEMENT may be renewed annually by the written approval of County and
City.
1.1 Pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791
and the Texas Transportation Code, Section 251.012, the County agrees to provide
personnel and equipment at its own expense to assist in the construction, improvement,
maintenance and/or repair of a street or alley located within the corporate limits of the
City of Pearland, Texas, subject to the approval of the County Engineer as set forth in
Section 1.3, including subgrade preparation, base preparation, asphalt paving, culverts
and ditch work, herbicide spraying, mowing, painting and striping roads, installation of
permanent traffic signs, and other routine road maintenance operations. Any work
performed on the City's streets and alleys which are not an integral part of, or a
connecting link to, other roads and highways is allowed if such work is determined to be
a benefit to the County by Commissioners Court. The City will provide materials for
these projects. All such materials shall be paid for by the City, and may be purchased
through the County's suppliers. The City shall reimburse the cost of any work performed
or obtained by the County, which is determined to be beyond the scope of this agreement,
to the County.
1.2 The county work authorized by this AGREEMENT may be done:
(1) By the County through use of county equipment;
(2) By an independent contractor with whom the County has contracted for
the provision of certain services and materials, conditioned on the City
providing a purchase order to such independent contractor for the full
amount of such services or materials.
1.3 During the term of this AGREEMENT when County work is requested, the
Mayor of the City shall submit a request in writing to the County Engineer. The County
Engineer and the Mayor of the City shall agree in writing as to the location and type of
assistance to be provided pursuant to this AGREEMENT. It is expressly understood
between the parties that the County shall have no authority or obligation to provide any
service or work on any city street or alley not so agreed to in writing. The County
Engineer is authorized to sign an acceptance statement for each project at the appropriate
time and authorize the work subject to be completed as the Road and Bridge Department
schedules permit.
1.4 The parties intend that the 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. The County shall not be considered an agent, employee, or borrowed servant
of the City.
SIGNED AND ENTERED this the llth day of Auqust
,2003.
B , TEXAS
/ /
CITY OF PEARLAND, TEXAS