R89-02 01-23-89RESOLUTION N0, ~89-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE MAYOR AND EACH
COUNCILMEMBER TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PEARLAND AND BRAZORIA COUNTY FOR
ASSISTANCE IN CONSTRUCTION, IMPROVEMENT, MAINTENANCE,
AND/OR REPAIR OF CERTAIN STREETS LOCATED WITHIN
CORPORATE LIMITS OF CITY OF PEARLAND.
BE IT RESOLVED by the City Council of the City of Pearland,
Texas, that the Mayor and each Councilmember are hereby authorized to
execute for and in behalf of the City, an Interlocal Agreement by and
between the City of Pearland, and Brazoria County for assistance, by
the County, in construction, improvement, maintenance, and/or repair
of certain streets located within corporate limits of City of
Pearland. Said Interlocal Agreement attached hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 2-3 day of
, A. D., 1989.
Mayor
ATTEST
O t ~
i y 'Se~cetary
APPROVED AS TO FORM:
EXHIBIT "A"
THE STATE OF TEXAS X
COUNTY OF BRAZORIA X
INTERLOCAL AGREEMENT
This AGREEMENT is made at Angleton, Brazoria County, Texas
between BRAZORIA COUNTY, TEXAS acting through its Commissioners
Court, and the CITY OF PEARLAND, TEXAS, acting through its Mayor.
The term of this AGREEMENT shall be from January 1, 1989 to
September 30, 1989. Pursuant to Article 6702 -1, Section 2.010
V.A.T.S., the County agrees to provide personnel, equipment, and /or
materials at its own expense to assist in the construction,
improvement, maintenance, and /or repair of certain streets located
within the corporate limits of the City of Pearland. Periodically
during the term of this AGREEMENT, the Commissioner of Precinct
Three and the Mayor of the City of Pearland shall agree in writing
as to the location an type of assistance to be provided pursuant to
this AGREEMENT, and 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 not so agreed to in writing. It
is understood that in providing any such services, that all
employees of the county shall remain county employees of Brazoria
County and shall not be considered agents, employees or borrowed
servants of the City.
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.
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 the City hereby agrees to defend, hold
harmless, and indemnify the County, its officers, agents, and
employees for any claims for injury or death of any person or any
property damage arising out of the County's performance of its
obligations under this AGREEMENT.
This AGREEMENT is entered into pursuant to V.A.T.S. Articles
6702 -1, Section 2.010 and 4413 (32e), THE INTERLOCAL COOPERATION
ACT; nothing herein shall be construed to make either party a
purchaser or consumer of goods or services from the other; nothing
herein shall be construed to create any rights in third parties.
SIGNED and ENTERED this day of L L, 19.
BRAZORIA COUNTY, TEXAS
Em
ATTEST:
DAMON
y Judge
lam( /U- 4/L �
City SEibretary
CITY OF PEARLAND, TEXAS
BY TOM REID
ITS: MAYOR
TITLE: COUNC
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TITLE: �M
ITLE: COUNCILM MBER