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R92-36 11-09-92 RESOL~ION NO. R92-36 A RESOLUTION AUTHORIZING AND APPROVING AN INTERLOCAL AGREEMENT BETWEEN BROOKSIDE VIL~GE AND CITY OF PEAR'ND, TEXAS, FOR THE PURPOSE OF SECURING AUTHORITY AND F~NCHISE TO USE THE RIGHT OF WAY ALONG O'DAY ROAD FOR THE PURPOSE OF INSTALLING A SEWER ~IN ~ICH AUTHORITY WILL INURE TO THE CITY OF PE~LAND, ITS SUCCESSORS AND ASSIGNS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEAR,ND, TEXAS: Section One. That certain Interlocal Agreement, a facsimile of which is annexed hereto, designated Exhibit "A" hereof, and incorporated herein for all purposes by and between Brookside Village and City of Pearland, is hereby authorized and approved. Section ~o. The Mayor is hereby authorized to execute and the City Secretary to attest the original of the annexed contract documents and counterparts thereof. PASSED, APPROVED and ADOPTED by the City Council of the Ci~ of Pearland, Texas, this ~ day of~/~~~. D., 1992. / ~¥OR CITY SECRET~RY APPROVED AS TO FO~: LESTER G. RORICK CITY ATTORNEY EXHIBIT "A~ INTERLOCAL AGREEMENT THE STATE OF TEXAS ~ ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA ~ THIS AGREEMENT made and entered into this ~ day of ~~--~, A.D., 1992, by and between the City of Pearland, Texas, and Brookside Village, for the purpose of granting a franchise, right of entry, and right of use of a certain dedicated right of way along the east boundary of O'Day Road from the northern City Limits of City of Pearland, Texas, to the existing force main within the right of way of Brookside Road in Brookside Village. WHEREAS, there exists a sewer main originating in the area of Brookside Elementary School in Brookside village and continuing in a generally easterly direction within the right,of-way of Brookside Road and thereafter in a southerly direction along Wilke Road to a point within Pearland, Texas; and WHEREAS, City of Pearland is desirous of connecting with that force main for the use and benefit of its citizenry in the area of O'Day Road; and WHEREAS, for the purpose expressed above, Brookside Village would grant to City of Pearland, its successors and assigns, the right, authority and franchise to use the dedicated easement along O'Day Road; now, therefore, Section One. That Brookside Village does hereby grant unto City of Pearland, Texas, its successors and assigns, the right, authority, and franchise necessary to the free and uninterrupted use of a certain easement existing within the right-of-way of O'Day Road within the Corporate Limits of Brookside Village for the purpose of the construction, reconstruction and perpetual maintenance by City of Pearland, its successors and assigns, of a force main from a point within the Brookside Road right-of-way and southerly along O'Day Road to a point at the northern City Limits of the City of Pearland, Texas. ATTEST: GA~L~GADDIS CITY SECRETARY BROOKSIDE VILLAGE NATIVDAD MARTINEZ, MAY~~ CITY OF PEARLAND ATTEST: PAT JO.ES CITY SECRETARY MAX ROAD (C.R. 108) ROY ROAD (C.R. 105) SUBURBAN GARDENS ~ ~ ROAD (C.R. 109) ~D 0 KELLY RD O'DA~ ROAD ~ (C.R. 103) ~.~ I,,' ....,, HATFIELD ROAD- I "~ (C.R. 555) '---.I r~ WOODY ROAD 35 . PECOS P.O. Box 2068 · Pearland, Texas 77588-2068 · 485-2411 AGENDA ITEM To: From: Subject: Honorable Mayor and City Paul Grohman, City Manager Consideration and Possible Action - A Resolution Authorizing and Approving an Interlocal Agreement Between Brookside Village and the City of Pearland for the Purpose of Securing Authority and Franchise to Use the Right-of-Way Along O'Day Road for the Purpose of Installing a Sewer Main Date: November 4, 1992 One of our hopes in preparing a water and sewer plan for the Northwest Pearland area was that two existing package sewer plants in the area could be taken out of service. The first phase improvements will allow the package plant at Brazoria Place Mobile Home Park to be eliminated, but the one at Pearland Heights Mobile Home Park is outside the initial service area. However, we have come up with a temporary alternative. There is an existing sewer force main in Brookside Village that runs along Brookside Road and terminates in a manhole at the corner of Woody Road and Comal Street in Pearland. The line currently serves only the Brookside Elementary School and capacity is available in our collection system. A force main could be run from the Pearland Heights Mobile Home Park to the existing force main at Brookside Road. The proposed Interlocal Agreement will allow the City of Pearland, or its assigns, to lay a line in the O'Day Road right-of-way in Brookside Village up to and connecting with the force main on Brookside Road. Councilman Smith presented the plan to Mayor Martinez of Brookside Village and he was supportive. Approval of the attached Resolution is recommended. Action: APPROVED AS TO FORM: ()yid) LESTER G. RORICK CITY ATTORNEY