R2000-088 08-28-00 RESOLUTION NO. R2000-88
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
ALVIN COMMUNITY COLLEGE/PEARLAND COLLEGE CENTER TO
RELOCATE THE CITY'S GOVERNMENT ACCESS CHANNEL
BROADCAST'S POINT OF ORIGIN TO THE COLLEGE'S FACILITIES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain interlocal agreement by and between the City of
Pearland ("City") and Alvin Community College/Pearland College Center ("College"),
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 the original of the attached
interlocal agreement for and on behalf of the City of Pearland, to relocate the City's
Government Access Channel broadcast's point of origin to College's facilities.
PASSED, APPROVED and ADOPTED this the 28 day of ^ugust ,
A.D., 2000.
MAYOR
ATTEST:
SECTARY /
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
INTERLOCAL AGREEMENT
BETWEEN CITY OF PEARLAND
AND
ALVIN COMMUNITY COLLEGE/PEARLAND COLLEGE CENTER
This Agreement is between the City of Pearland, Texas, acting though its City
Manager or his designee ("City"), and the Alvin Commnnity College/Pearland College
Center, acting through its President or his designee ("College"), to relocate City's
Government Access Channel broadcast's point of origin to College's facilities.
City and College, pursuant to the Interlocal Cooperation Act, Texas Government
Code, Chapter 791, for the mutual consideration and covenants hereinafter set forth,
agree as follows:
ARTICLE I
SCOPE OF SERVICES
1.1~ College agrees to provide, at its own expense and based on its own
determination, a sufficient and appropriate space located at its offices at 2319 N. Grand
Boulevard, to serve as the location of the point of origin of the City's Government Access
Channel broadcast. College further agrees (1) to take all steps necessary to ensure the
availability of electrical service to operate all equipment necessary to broadcast the channel
and (2) to facilitate Time Warner Communications' installation of fiber optic cable at said
location.
1.2 City agrees to provide, at its own expense, all labor, supplies, and equipment
necessmy for the creation and uploading of appropriate content for the Government Access
Channel.
ARTICLE II
CONTRACT TERM
2.1 This Contract may be terminated at any time after the execution hereof at the
option of either party by giving the other party thirty (30) days' written notice. Upon
termination, the City of Pearland shall have the option of removing any equipment that it
provided under this Agreement, so long as the space furnished by the College pursuant to
Paragraph 1.1 is not damaged by such removal.
ARTICLE HI
MISCELLEOUS
3.1 College shall have control over the space at all times.
3.2 The City shall have reasonable access to the space during College's normal
business hours.
3.3 City and College agree and understand that in performance of this contract,
all employees of City shall remain City employees and shall not be considered agents,
employees or borrowed servants of College, and all employees of College shall remain
College employees and shall not be considered agents, employees or borrowed servants
of the City.
3.4 City and College further agree that work and materials provided by City in
accordance with this Agreement, are provided without warranty of any kind to College or
any third party, and work and materials provided by College in accordance with this
Agreement, are provided without warranty of any kind to City or any third party.
3.5 This Agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
3.6 This Agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Texas.
3.7 This Agreement may only be amended, modified, or supplemented in writing
and subsequently dated by City and College.
3.8 Each party paying for the performance of governmental functions or services
must make those payments from current revenues available to the paying party.
SIGNED and ENTERED this } 2oq~day of ~)o.}~bar ,200 O.
ATTEST: CITY OF PEARLAND
~ CO~TY CO~EGE/
PE~ COLLEGE CE~R
Printed Na~e; P. A. Heaenberger ~
Title: D~ Pe~l~d College Center ~d
Cominuing Educmion
THE STATE OF TEXAS §
COUNTY OF ~ c~ ~ ~ a, §
BEFORE ME, the undersigned Notavj Public, on this day personally
appeared/~ la~ {[.~et~ee, known to me the person whose name is subscribed to
the foregoing insmnnent and acknowledged to me that he/she executed the same
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I'~°d''' day of
2000.
Notary Pubhc m and for the. State of Texas
Commission Expires: e) I a. ~ ] ~ ~
Printed Name: L~ sa. '1~,
THE STATE OF TEXAS §
COLrNTY OF Brazoria §
BEFORE ME, the undersigned Notary Public, on this day personally
appeared P.A. Hertenberger , known to me the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 29 .day of
September 2000.
Notary Public in and for the State of Texas
Commission Expires: ,~c~-o~-r- //~ ~o ~o
Printed Name: Robbie L. Shelton '