R2001-0127 10-08-01 RESOLUTION NO. R2001-127
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 THE CONSTRUCTION, IMPROVEMENT, MAINTENANCE, AND
REPAIR OF DESIGNATED STREETS OR ALLEYS WITHIN THE
CITY OF PEARLAND.
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 the interlocal agreement with Brazoria County for the
construction, improvement, maintenance, and repair of designated streets or alleys within
the City of Pearland.
PASSED, APPROVED and ADOPTED this the 8 dayof October ,
A.D., 2001.T~~- O17') ~
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R200'1-t27
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
1NTERLOCAL AGREEMENT
This agreement is made at Angleton, Brazofia County, Texas between
BRAZORIA COUNTY, TEXAS acting through its Commissioners' Court (hereinafter
"County"), and THE CITY OF PEARLAND, TEXAS, acting through its Mayor
(hereinafter "City").
NOW THEREFORE, THE COUNTY AND THE CITY agree as follows:
1.0 The term of this agreement shall be from October 1, 2001, to September 30, 2002.
The AGREEMENT may be renewed annually by the written approval of County and City.
1.1 Pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791
and the Texas Transportation Code, Section 251.012, the County agrees to provide
personnel and equipment at its own expense to assist in the construction, improvement,
maintenance and/or repair of a street or alley located within the corporate limits of the
City of PEARLAND, Texas, subject to the approval of the County Engineer as set forth in
Section 1.3, including subgrade preparation, base preparation, asphalt paving, culverts and
ditch work, herbicide spraying, mowing, painting and striping roads, installation of
permanent traffic signs, and other routine road maintenance operations. Any work
performed on the City's streets and alleys which are not an integral part of, or a
connecting link to, other roads and highways is allowed if such work is determined to be a
benefit to the County by Commissioners Court. The City will provide materials for these
projects. All such materials shall be paid for by the City, and may be purchased through
the County's suppliers. The cost of any work performed or obtained by the County which
is determined to be beyond the scope of this agreement shall be reimbursed by the City to
the County.
1.2 The county work authorized by this AGREEMENT may be done:
(1) By the County through use of county equipment;
(2) By an independent contractor with whom the County has contracted for
the provision of certain services and materials, conditioned on the City
providing a purchase order to such independent contractor for the full
amount of such services or materials.
1.3 During the term of this AGREEMENT when County work is requested, the
Mayor of the City shall submit a request in writing to the County Engineer. The County
Engineer and the Mayor of the City shall agree in writing as to the location and type of
assistance to be provided pursuant to this AGREEMENT. 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 or alley not so agreed to in writing. The County
Engineer is authorized to sign an acceptance statement for each project at the appropriate
time and authorize the work subject to be completed as the Road and Bridge Department
schedules permit.
1.4 The parties intend that the 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. The County shall not be considered an agent, employee, or borrowed servant
of the City.
1.5 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.
1.6 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 that the County has no
obligation to provide any supplemental warranty work after a project's completion. The
City agrees to provide any engineering or design work required for work done pursuant to
this agreement.
II.
2.0 To the extent authorized by law, the City hereby agrees to hold harmless the
County, its officers, agents and employees from any and all loss, damage, cost
demands or 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.
2.1 Payment for services or materials under this agreement shall be payable from
current revenues available to the paying party.
III.
3.0 Either party may terminate this agreement upon thirty (30) days written notice to
the other party.
3.1 Nothing herein shall be construed to make either party a purchaser or consumer of
goods or services from the other.
3.2 Nothing herein shall be construed to create any rights in third parties.
SIGNED AND ENTERED this the 8 day of October ,2001.
B~for'laj e
!RIPER VEn
Ca di
BEVERLY LANDS, P.E. '
COUNTY ENGINEER pF � 8 6�` AN OUSTONON
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BRIAN COURTS, P.E. (979)864-1270 FAX
ASSISTANT COUNTY ENGINEER BRAZORIA COUNTY CITY MANAGER
200 EAST LOCUST, ROOM 10
ANGLETON,TEXAS 77515
July 27, 2001
Dear Mayor and Councilpersons:
Enclosed are two copies of the interlocal agreement covering construction,
improvement, maintenance, or repair activities on streets or alleys within your
municipality during Brazoria County's Fiscal Year 2002 which begins October 1,
2001. Upon approval of the interlocal agreement by action of your City Council,
please have your Mayor sign one copy and return it to my office.
As you are probably aware, work under this interlocal agreement must be
initiated as a result of a written request by your Mayor, following which
Commissioners Court must determine if the county will receive benefits as a
result of the work requested. If so, the work can be completed as quickly as our
schedule of other work will permit.
The Court has asked that we begin to take our interlocal agreement requests into
consideration when preparing our annual plan of work. Therefore, this year we
are asking you to fill out the enclosed form listing all the projects for which you
will be asking the County's assistance this fiscal year. I realize this request is new
to you, and you may not have planned your requests for a year in the future.
However, it will be appreciated if you will do the best you can to project your
needs for the entire fiscal year. Knowing that this request is coming, you can be
in a better position next year to advise us of your needs for the year.
Please feel free to call if you have questions.
Sincerely,
Beverly W. Lands, P.E.
County Engineer
Enclosures 2