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R90-09 04-09-90 I~ESOLUTION NO. R90-9 A RESOLUTION BY THE CITY OF PEARLAND ALLOWING THE BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 TO EXCAVATE IN THE CITY OF PEARLAND RIGHT-OF-WAY ON CLEAR CREEK AT COUNTRY CLUB DRIVE AND AGREEING TO HOLD THE BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 HARMLESS FROM ANY RE- SPONSIBILITY. WHEREAS, the City of Pearland wishes to relieve the flooding on Clear Creek; and WHEREAS, the excavating of a channel in the vicinity of County Club Drive Bridge will help to do so; and WHEREAS, the Brazoria County Drainage District No. 4 has agreed to excavate such channel in return for a hold harmless agreement with the City of Pearland. NOW, THEREFORE, BE IT RESOLVED THAT: Section 1. The City of Pearland hereby agrees to allow the Brazoria County Drainage District No. 4 to excavate in the CountrF Club Drive Bridge right-of-way and that the City of Pearland does hereby release and agrees to forever hold harmless the Brazoria County Drainage District No. 4 from any and all liability in any way arising from the excavation of the Clear Creek Channel in the City of Pearland right-of-way on Country Club Drive Bridge. PASSED and APPROVED this ~ day of ~ , Mayor ATTEST: city SeCretary APPROVED AS TO FORM: