R92-40 11-23-92 RESOLUTION NO. R92-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR-
LAND, TEXAS, AUTHORIZING THE MAYOR AND EACH COUNCILMEM-
BER 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 THE CORPORATE LIMITS
OF THE CITY OF PEARLAND.
BE IT RESOLVED by the City Council of the City of Pearland,
Texas, that the Mayor and each Councilmember are hereby author-
ized 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 Jb~ day of
~ , A. D., 1992.
ATTEST:
, C~ Secretary
APPROVED AS~TO FORM:
Lester Rorick, City Attorney
THE STATE OF TEXAS )
COUNTY OF BRAZORIA )
INTERLOCAL AGREEMENT
This AGREEMENT is made at Angleton, Brazoria County, Texas
between BRAZORIA COUNTY, TEXAS acting through its Commissioners'
Court, and the CITY OF PEARLAI~D, TEXAS, acting through its Mayor.
The term of this AGREEMENT shall be from October 1, 1992 to
September 30, 1995. Pursuant to V.A.T.S. Article 6702-1, Section
2.010, 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, Texas.
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 and 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. Article
6702-1, Section 2.010; 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
BRAZORIA COUNTY, TEXAS CITY OF PEARLAND, TEXAS
~: JAMES W. 'PHILLIPS
BILL~/~LASTER TITLE: COUNCIkMS~B~ ~. A. MI[[£R,
COMMISSIONER, PRECINCT 3
TITLE: COUNCI~MB[R B[NN¥ FRANK
·
CO M[MB[R CO[SON
T I ~ LE ~ ~N C'~_~E M-~EI~xDAV I D S
ATTEST:
CITY SECRECY
ORDER NO. 23 R~ APPROVAL OF INTERLOCAL A~EEMENTS*
Motion by Commissioner Brooks, seconded by Commissioner
Clawson that the below listed Interlocal Agreement from the
incorporated cities in Brazoria County be accepted this date and
that the County Judge and appropriate County ~Commissioner sign
each copy of said agreement.
CITY OF ALVIN %
CITY OF ANGLETON
CITY OF BAILEY'S PRAIRIE
CITY OF BRAZORIA
CITY OF BROOKSIDE VILLAGE
CITY OF CLUTE
CITY OF DANBURY
CITY OF FREEPORT
CITY OF HOLIDAY LAKES
CITY OF IOWA COLONY
CITY OF JONES CREEK
CITY OF LAKE JACKSON
CITY OF LIVERPOOL
CITY OF MANVEL
CITY OF OYSTER CREEK
CITY OF PEARLAND
CITY OF RICHWOOD
CITY OF SURFSIDE
CITY OF SWEENY
CITY OF BONNEY
CITY OF ANGLETON
Further, that a certified copy of this Order and two (2) copies
of each agreement be returned to the County Engineer's office for
further handling.
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 Commis-
sioners' Court of Brazoria County, Texas, do hereby certify that the foregoing is a
true and correct copy of that certain
ORDER NO. 23 RE: APPROVAL OF INTERLOCAL AGREEMENT
as passed by the Commissioners' Court at the January 11,
REGULAR Term of. Commissioners'
A. D., !9 93 ,
Court, 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 12
day of January , A. D., 19 93 .
DOLLY BAILEY, Clerk County Court and Ex-Officio
Clerk of the Commissioners' Court of Brazoria County,
By Deputy
E~die Hurst