R86-09 02-24-86RESOLUTION NO. R86-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS AUTHORIZING THE MAYOR TO EXE-
CUTE A CONTRACT BY AND BETWEEN THE CITY OF
PEARLAND AND STATE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION FOR LITTER LAW ENFORCE-
MENT.
BE IT RESOLVED by the City Council of the City of
Pearland, Texas that the Mayor be, and he is hereby
authorized to execute for and in behalf of the City, a
Contract, a copy of which is attached hereto and made a part
hereof, by and between the City of Pearland and State Depart-
ment of Highways and Public Transportation, for the purpose
of litter law enforcement.
PASSED
and APPROVED this
A. D. , 1986.
CIi~A~GEXAS
Mayor
day of
ATTEST:
...........
APPROVED AS TO FORM:
THE STATE OF TEXAS X Contract No. 6XXF6068
C ao.W ' 017= 'TR AV S
-B S OF B R -GII A &®H A_E X
THIS AGREEMENT IS MADE BY AND BETWEEN THE STATE OF TEXAS , acting
by and through the State Department of Highways and Public
Transporation , hereinafter called the State , and the City of
Pearland, hereinafter called the City, acting by and through its
duly authorized Mayor .
WHEREAS , the State 's Commission Minute Order Number 82606
authorizes the State to launch an extensive , ongoing campaign
designed to educate the people of Texas concerning the detri-
mental effects of littering and to exhort every citizen not only
not to litter, but also to become active participants in the
litter reduction campaign ; and
WHEREAS, the State has determined that local emphasis on litter
enforcement and related activities will favorably impact the
State ' s litter reduction campaign ;
NOW, THEREFORE , premises considered , the State and the City do
mutually agree as follows :
1. This agreement becomes effective when finally executed by
both parties and shall terminate on ljear from that date unless
otherwise terminated as hereinafter provided.
2. The State will identify those locations on State Highway
rights of way within the city limits that have consistently high
litter volumes, and the City will include these locations in its
enforcement activities. The City will further utilize free
media space and time to the extent available to publicize its
enforcement activities.
3. The State will compensate the City only for those citations
issued for litter violations on State Highway rights of way.
The basis for compensation is $20.00 per litter citation ,
provided, however, that said total amount payable to the City
under this contract shall not exceed $5 , 000 . 00 .
4. To request compensation, the City will submit the original
and two copies of the State's Form 132 Billing Statement to the
following address :
Mr. Omer F. Poorman
District Engineer
P . O. Box 1386
Houston , Texas 77251
The City must summarize its activities to show the number of
citations issued during the billing period, the location of the
violation, and the date issued. A copy of each citation must be
attached to the Billing Statement. The billing period may not
be more frequent than monthly nor less frequent than. quarterly. __.
The State will make payment to the City within thirty days after
receipt of properly prepared and executed Billing Statements .
supplemental agreement signed by the parties hereto prior to the
modification becoming effective.
7. The City shall hold harmless the State from all claims and
liability due to activities ' of its agents or employees ,
performed under this contractor which result from an error ,
omission, or negligent act of the City or of any person employed
by the City. The City shall also save harmless the State from
any and all expenses , including attorney fees which might be
incurred by the State in litigation or otherwise resisting said
claim or liabilities which might be imposed on the State as the
result of such activities by the City, its agents or employees .
IN WITNESS WHEREOF , the State and the City have executed these
presents in duplicate counterparts .
The City The State of Texas
Certified as being executed for
12the purpose and effect of acti-
By. l/Yn vating and/or carrying out the
Signature orders, established policies, or
work programs heretofore
approved and authorized by the
Tom Reid, Mayor State Highway and Pu ' c Tra -
Typed Name & Title Aorta, ion Commission.
Date : 2-24-86 B ,,
r re !ty �rector
Authorized by Resolution Date s/ ' gt
II
R86-9
Number