R2001-0034 03-12-01 RESOLUTION NO. R2001-34
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 PARTICIPATION IN THE BERMUDA RECOVERY PROGRAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain interlocal agreement byand between the Cityof 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 for
participation in the Bermuda Recovery Program.
PASSED, APPROVEDandADOPTEDthisthe 12 dayof March ,
A.D., 2001.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
THE STATE OF TEXAS
COUNTY OF BRAZORIA
INTERLOCAL AGREEMENT BETWEEN
BRAZORIA COUNTY AND THE CITY OF PEARLAND
01-0009
This Agreement is made between BRAZORIA COUNTY and the CITY OF
PEARLAND, 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; and
WHEREAS, the COUNTY has agreed to utilize Brazoria County Road &
Bridge equipment and employees to perform this work pursuant to the authority
of Tex. 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 of three workweeks during April, 2001, to spray street rights-of-way, with
all materials to be provided by the CITY.
1.02 The CITY agrees to furnish all materials, design and engineering studies
which may be needed in the project, and in the event COUNTY costs in
performing above-described work exceed $5,000, the CITY shall pay, from the
point in time that COUNTY's costs equal the sum of $5,000, the labor costs and
the hourly value of equipment used, plus any other costs associated with the use
of the equipment including the fuel used by the equipment. Though it is
contemplated by this agreement that CiTY will have obtained the necessary
design and engineering studies required by the project prior to the
commencement of the work, CITY agrees to pay the reasonable cost of any
design or engineering work obtained by COUNTY if it exceeds the sum of
$5,000. The value of equipment shall be those hourly rates which have been
previously established by the COUNTY for each item of its equipment,
multiplying the same by the number of hours such equipment has been utilized
in excess of the point in time when COUNTY's costs equaled the sum of $5,000.
COUNTY equipment utilized on site for the project shall be charged to CITY on a
daily rate for each day it is on-site.
2. The parties intend that 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. COUNTY is not to be considered an agent or employee of
3. COUNTY does not warrant the suitability for this project of any material
purchased by CITY from a third party which maintains a continuing contract with
COUNTY. Any cost estimate made in connection with this project is only an
estimate and is not a warranty of the final cost of the project.
4. To the extent permitted by law, CITY agrees to assume the risk of, fully
indemnify, hold harmless and defend COUNTY, its agent, officers and
employees from any and all loss, damage, cost demands and 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.
5. COUNTY executes this Agreement by and through the County Judge
acting pursuant to Order of the Commissioners Court so authorizing, and the
CITY executes this Agreement by and through its Mayor acting pursuant to
authorization of its City Council.
6. Nothing herein shall be construed to make either party a purchaser or
consumer of goods or services from the other.
7. Nothing herein shall be construed to create any rights in third parties.
IN TESTIMONY OF WHICH, witness our signatures on the execution
dates herein below.
CITY OF PEARLA~BI'~. _, BRAZ~TEXAS
B,~RI~OU NTY, TEXAS
,~//,~/~ Date signed: '¢~ / / ,-~ I 0 I
Date
signed:
ORDER NO. 27 RE: INTEl/LOCAL AGREEMENT - CITY OF
PEARLAND FOR USE OF HERBICIDE TRUCK
INO. 01-0009)
Motion Commissioner Harris, seconded by Commissioner Payne that the
following action be taken by the Court:
Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Te×as
Government Code and Section 251.015 of the Transportation Code, an Interloca~
A~reement be approved with the City of Pearland to furnish herbicide spray truck with
operator for three weeks during April 2001, to spray street rights-of-way in the City of
Pearland.
Further, that under the terms of the Agreement, attached as Exhibit A, the
County will provide labor and equipment to spray herbicide, with all materials being
furnished by the City, and any labor and equipment costs of the County exceeding
$5,000 shall be reimbursed by the City.
The County dudge 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, 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. 27 RE: INTERLOCAL AGREEMENT - CITY OF
PEARLAND FOR USE OF HERBICIDE TRUCK
(NO. 01-0009)
as passed by the Commissioners' Court SPECIAL Term of Commissioners'
Court on FEBRUARY 13, 2001 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 15th DAY OF
FEBRUARY, A. D., 2001.
JOYCE HUDMAN, Clerk County Court
and Ex-Officio Member of the Commissioners'
Court of Br.azo~ia County, Texas
FEB 1 $ 2001