R2009-164 - 2009-10-12RESOLUTION NO. R2009-164
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 ROAD MAINTENANCE.
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 12th day of Q.ctober, A.D., 2009.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
rU REID
MAYOR
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Exhibit "A"
Resolution No. R2009-164
THE STATE OF TEXAS §
§
COUNTY OF BRAZORIA §
INTERLOCAL AGREEMENT
This agreement is made at Angleton, Brazoria County, Texas
between BRAZORIA COUNTY, TEXAS acting through its Commissioners'
Court (hereinafter "County"), and the CITY OF PEARLAND, acting
through its Mayor (hereinafter "City").
NOW THEREFORE, THE COUNTY AND THE CITY agrees as
follows:
1.0 The term of this agreement shall be from October 1, 2009, to
September 30, 2010. 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 sub grade 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, including fuel used by the equipment 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.
1.5 For and in consideration of the above agreement by the County,
the City agrees to provide all warning and safety signs and other safety
protections as required when such work is being performed by the
County.
1.6 The parties further agree that such work and materials are
provided by the County without warranty of any kind to the City or any
third party, and that the County has no obligation to provide any
supplemental warranty work after a project's completion. The City
agrees to provide any engineering or design work required for work done
pursuant to this agreement.
II.
2.0 To the extent authorized by law, the City hereby agrees to hold
harmless the County, its officers, agents and employees from any and all
loss, damage, cost demands or 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.
2.1 Payment for services or materials under this agreement shall be
payable from current revenues available to the paying party.
III.
3.0 Either party may terminate this agreement upon thirty- (30) day's
written notice to the other party.
3.1 Nothing herein shall be construed to make either party a
purchaser or consumer of goods or services from the other.
3.2 Nothing herein shall be construed to create any rights in third
parties.
SIGNED AND ENTERED this the I day of
BRAZORIA COUNTY, TEXAS CITY OF PEARLAND, TEXAS
By: Joe Kh g_.,__i.'"—=
Bra7oria County Judge
, 2009.
4/14-/ i, C.4 4-1Z
By: Mayor Tom Reid
ATTEST:
ORDER NO. 24 RE: APPROVAL OF FORM FOR INTERLOCAL
AGREEMENTS FOR FY 2010 FOR DIRECT
ASSISTANCE TO CITIES AND TOWNS
Motion by Commissioner Sebesta, seconded by Commissioner Payne that
the County Engineer be authorized to provide new blanket interlocal
agreements to cities and towns for their approval in the form attached,
pursuant to provisions of Chapter 791 and the Texas Transportation Code,
§251.012, and the County Judge be authorized to subsequently execute same
on behalf of Commissioners' Court.
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. 24 RE: APPROVAL OF FORM FOR INTERLOCAL
AGREEMENTS FOR FY 2010 FOR DIRECT
ASSISTANCE TO CITIES AND TOWNS
as passed by the Commissioners' Court on the 28th day of July, A.D.,
2009, SPECIAL 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 29th
DAY OF July A. D., 2009.
JOYCE HUDMAN, Clerk County Court
and Ex -Officio Member of the Commissioners'
Court of Brazoria County, Texas
By:
City of Pearland
Interlocal Agreement Project Request Summary PY-10
STREET/LOCATION
LIMITS
(TO -FROM)
LENGTH
(FT)
WIDTH
(FT)
WORK DESCRIPTION
(Major Street Projects ONLY)
FOR OFFICE
USE ONLY
Hamm Rd.
FM518 to end
Veterans Dr. to FM1128
2700 ft..
2.4 miles
20 ft.
18 ft.
t rt hab outeloy
overlay
Bailey Rd.
Orange to Old Alvin
1300 ft.
22 ft
total rehab .
Linwo. •
Harkey Rd.
Fite Rd. to Bailey
McLean to Harkey Rd.
1.4 miles:
1.0 miles
18 ft.
18 ft.
tafretrab .poedua:'
total rehab ._
Fite Rd.
1 Cnil.es.
ft
total rph,ab-,
0 LI Al UR -3
t/IF►v`s creek_ - toad
0. L
Note: Each page submitted must be approved
by Mayor. Return to County Engineer,
Approved By: Mayor