R2009-090 - 2009-05-19RESOLUTION NO. R2009-90
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.
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 18th day o May, A.D., 2009.
ATTEST:
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1 NG L T
Y SE; •� EaTARY
APPROVED AS TO FORM:
DARR!N M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
Exhibit "A"
Resolution 2009-90
THE STATE OF TEXAS
COUNTY OF BRAZORIA
INTERLOCAL AGREEMENT
BETWEEN THE COUNTY OF BRAZORIA AND THE CITY OF PEARLAND, TEXAS
This Agreement is made and entered into this the I� �' day ofem
2009, by and between the CITY of Pearland, acting by and through its govefning body,
the City Council, hereinafter referred to as CITY, and the COUNTY of Brazoria, acting
by and through its governing body, the Commissioners Court, hereinafter referred to as
COUNTY, State of Texas:
WHEREAS, this Agreement is made under the authority of Government Code,
Section 791.011, and
WHEREAS, each governing body, in performing governmental functions or in
paying for the performance of governmental functions hereunder, shall make that
performance or those payments from current revenues legally available to that party:
and
WHEREAS, each governing body find that the performance of this Agreement is
in the best interests of both parties, that the undertaking will benefit the public, and that
the division of costs fairly compensates the performing party for the services or
functions under this Agreement: and
WHEREAS, the COUNTY agrees to provide the CITY $53,361.00 from the JAG
award for the ByrnelJag Recovery Act Program: and
WHEREAS, the COUNTY AND CITY believe it to be in their best interests to
reallocate the JAG funds.
NOW THEREFORE, the CITY AND COUNTY agree as follows:
Section 1.
COUNTY agrees to pay CITY a total of $53,361.00 of JAG funds.
Section 2.
CITY agrees to use $53,361.00 for the Justice Assistance Recovery Act Program until
September, 2011.
Section 3.
Nothing in the performance of this Agreement shall impose any liability for claims
against CITY other than claims for which liability may be imposed by the
Tort Claims Act.
Section 4.
Nothing in the performance of this Agreement shall impose any liability for claims
against COUNTY other than claims for which liability may be imposed by the
Tort Claims Act.
Section 5.
Each party to this Agreement will be responsible for its own actions in providing
services under this Agreement and shall not be liability for any civil liability that may
arise from the furnishing of the services by the other party.
Section 6.
The parties to this Agreement do not intend for any third party to obtain a right by
virtue of this Agreement,
Section 7.
The County will make all reports as required by the Department of Justice and
each subrecipient, participating city will make all required reports to the County.
Section 8.
By entering into this Agreement, the parties do not intend to create any
obligations express or implied other than those set out herein; further, this Agreement
shall not create any rights in any party not a signatory hereto.
COUNTY OF BRAZORIA, TEXAS CITY OF E ,,LAND, TEXAS
County Judge
APPROVED AS TO FORM:
altha Assistant District orney
Contract Authorization
City Manager Bill Eisen, 5/18/09
ATTEST:
C}
APPROVED AS TO FORM:
1iCAttorney
*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients.
It may not advise or approve a contracts or legal document on behalf of other parties. Our view of this document was
conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the
benefit of our client. Other parties should not rely on this approval and should not seek review and approval by their
own attorney(s).