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R98-28 04-13-98RESOLUTION NO. R98-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY PERMITTING THE COUNTY TO FURNISH A HERBICIDE SPRAY TRUCK WITH OPERATOR TO THE CITY OF PEARLAND FOR TWO WEEK PERIODS IN APRIL, MAY, AND JULY OF 1998 TO SPRAY STREET RIGHTS-OF-WAY IN THE CITY. BE IT HEREBY 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 Mayor 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 Brazoria County's furnishing of a herbicide spray truck with operator to the City of Pearland for two week periods in April, May, and July of 1998 to spray street rights-of-way in the City. PASSED, APPROVED and ADOPTED this the 13thday of April , A.D., 1998. ATTEST: ~ SECt~TARY ~ · APPROVED AS TO FORM: DARRIN M. COKER INTERIM CITY ATTORNEY TOM REID MAYOR ORDER NO. 15 RE: INTERLOCAL AGREEMENT - CITY OF PEARLAND FOR USE OF HERBICIDE TRUCK (NO. 98-011) Motion by Commissioner Clawson, seconded by Commissioner Harris that the following action be taken by the Court: Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Tex-s Government Code and Section 251.015 of the Transportation Code, an Interlocal Agreement be approved with the City of Pearland to furnish herbicide spray truck with operator for two weeks during April and May and two weeks during July, all in 1998, to spray street rights-of-way in the City of Pearland. Reimbursement shall be made to the County for personnel and equipment, if such costs exceed the $3,000 amount the County is authorized to expend without repayment pursuant to Section 251.015 of the Transportation Code. The County Judge is authorized to sign the above-referenced Interlocal Agreement on behalf of the County. Further, that a certified copy of this order be furnished to the County Engineer. Motion carried, all present voting aye. THE STATE OF TEXAS ) COUNTY OF BRAZORIA ) I, Dolly Bailey, 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. 15 RE: INTERLOCAL AGREEMENT - CITY OF PEARLAND FOR USE OF HERBICIDE TRUCK (NO. 98-011) as passed by the Commissioners' Court Special Term of Commissioners' Court on FEBRUARY 24, 1998 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 25TH DAY OF FEBRUARY, A.D., 1998. DOLLY BAILEY, Clerk County Court and Ex-Officio Member of the Commissioners' Court of Brazoria County, Texas By - pA Deputy P. Cooksey THE STATE OF TEXAS § COUNTY OF BRAZORIA § INTERLOCAL AGREEMENT BETWEEN BRAZORIA COUNTY.AND THE CITY OF PEARLAND 98-011 This Agreement is made between BRAZORIA COUNTY and the CITY OF PEARL' ', hereinafter referred to as the COUNTY and the CITY respectively. RECITALS WHEREAS, the CITY wishes to control growth of weeds and grass on street rights-of- way located within the municipal limits of the CITY ; and WHEREAS, the CITY has requested the COUNTY's assistance in providing a spray truck with operator to spray street rights-of-way. WHEREAS, the COUNTY has agreed to utilize Brazoria County Road & Bridge Perform this v r.k pursuant to the"authority 4 Tex. Department equipment and.:einpCoyeels�tq . Transp. Code §251.015, and the Interlocal Cooperation Act, Tex. Gov. Code Sec. 791.001 et. seq., subject to the conditions and limitations of this Agreement; NOW-THEREFORE, the CITY and COUNTY agree'as follows: 1.01 COUNTY agrees to supply a herbicide spray truck with operator for a period not to exceed four workweeks during April, May, and July, 1998, to spray street rights-of-way. 1.02 The CITY agrees that'in the eVerit= COUNTY'costs in spraying rights-of-way -xcee d from the point in time that COUNTY's costs equal the um of $3,000, the CITY shall pay, - �- � $3,000, the 'lalior`costs and the 'hou 'on rly rental value equipment used, plus any othe costs associated with"the use of the equipment including the fuel used by the equipment. The tal value shall be calculated by assessing the average hourly rental value of such equi pme m private sources, and multiplying the same by the 'number of hours such equipment h s been utilized in excess-of the point in-tittle when COUNTY's costs equaled the sum of$3,000. 2: The parties intend that COUNTY, in performing such"services, shall act as an independent contractor and shiallM1have control of the work and the manner in which it is performed. COUNTY is not to-be considered an agent or ern-plciyee of CITY. ' 3. To the extent permitted by law, CITY agrees to assume the risk of, fully indemni�fy,r hold harmless and defend COUNTY, its agent, officers and for lossfroni any and all kiss,or damage to propertya'or, for cost demands and causes of action of any nature orkind, injury or death to persons, arising in any manner from the performance of the above referenced work. 4. COUNTY executes this Agreement by-and through the County Judge acting pursualnt to Order of the Commissioners Court so authorizing, and the CITY executes this Agreement by and through its Mayor acting pursuant to authorization of the City Council. 5. Nothing herein shall be construed to make either party a purchaser or consumer of goods or services from the other. 6. Nothing herein shall be construed to create any rights in third parties. 7. Fulfillment of the terms of this Agreement is contingent upon approval of the State of Texas for any work which might occur within its.right-of way. IN TESTIMONY OF WHICH, witness our signatures on the execution dates herein below. CITY OF PEARLAND BRAZO COUNTY, TEXAS By. By: MAYOR O Y GE CITY OF PEARLAND BRAZORI C UNTY, TEXAS Date signed: //96 Date signed: _ 2• - Co -9 g (4111114 pI'pI 555,, R�n ���. r "n'i I I 1' III�Iir II typEY I'1 F�M M R r` -I- m Ii:i l l�Y ,;' , 1_ qq 3 3 I r III 5 11®i N® ! tlI BEVERLY W. LANDS, P.E. , ����I S,J-;,, „ I� � Telephone: (409)849-5711 COUNTY ENGINEER - - _: ='dam'-- �` ^- - Ext. 1265 .AZ01-�.IA GouNTY Houston (7 3)E 6101 BRIAN COURTS, P.E.ASSISTANT COUNTY ENGINEER 200 EAST LOCUST, ROOM 10 FAX-Ext. 1270 ANGLETON, TEXAS 77515 February 27, 1998 fo ww Honorable Tom Reid, mod,, Mayor, City of Pearland qo�--� P. 0. Box 145 c) C 5a'DIe. Pearland, Texas 77588-0145 To` I fir, 140 - Re: Interlocal Agreement No 98-011 \ Dear Mayor Reid: Please find a certified copy of Court Order No. 15, dated February 24, 1998 regarding the above mentioned Interlocal Agreement. Brazoria County Judge John Willy has signed two copies of the Agreement and they are enclosed. Please sign both copies and retain a copy for your records and return one copy t. us. If we can be of further assistance or if you have any questions, please give us a call. Sincerely, , , Bev-; y W. Lands, P.E. Brazoria County Engineer /mc cc: Mr. Ed Hersh Enclosure ,, , ...- • - Pd BEVERLY W. LANDS, P.E. le7""'''''....°16" .. Ff7r- TIF."1. 411r i ,4." * t• BRAZORIA-COUNTY ENGINEER ‘ gp.t%C"; 04, ' :;;Is.'"•'''''''200 E. LOCUST, 4f, M 70.e-..:•- 0--.-5 5 ft ANGLETON, TEXAS 77515 FlmETt 720095POSTAG0E k. .• -- —‘ LT I 15©11217111 HONORABLE. TOM REID MAYOR, CITY. OF PEARLAT 351 9 irs: /t) MAR 1 0 1998 PEARLAND, TEXAS ' -- : :----- — 1 / 758'1 CITY of MARLA NID arY SECRETARY'S OFFICE 77.r.ifte,--ottvt IIIIIIiiiiiii11,1111,,iittitliiiI,ItItiliiIit11111,11 1. -%4"ss •S;$ Ju %, v PEARLAND TEXAS E'sr, 189 A April 17, 1998 Ms. Beverly W. Lands, P.E. Brazoria County Engineer 200 E. Locust, Room 10 Angleton, Texas 77515 Dear Ms. Lands: I have enclosed a certified copy of Resolution No. R98-28 and the Interlocal Agreement between Brazoria County and the City of Pearland, authorizing the County to furnish a herbicide spray truck with an operator to the City of Pearland for two week periods in April, May, and July of 1998 to spray the street rights-of-way in the City. Should you need anything further please give me a call (485-2411 ext. 341). Sincerely, ng L ng Secr tart' - YL/lch attachments enclosed 3519 LIBERTY DRIVE• PEARLAND,TEXAS 77581-5416-19 • (281)485-2411 • www.ci.pearland.tx.us