R2001-0164 11-12-01 RESOLUTION NO. R2001-164
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 DRAINAGE
DISTRICT NO. 4 FOR THE PAVING OF AND DRAINAGE IMPROVEMENTS
TO NOTTINGHAM STREET WITHIN THE CITY OF PEARLAND.
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
and Brazoria Drainage District No. 4, 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 an interlocal agreement with Brazoria Drainage
District No. 4 for the paving of and drainage improvements to Nottingham Street within the
City of Pearland.
PASSED, APPROVED and ADOPTED this the 12 dayof November .,
A.D., 2001.
TOM REID
MAYOR
ATTEST:
'Y SECv~RETARY
PROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R200~-'164
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF PEARLAND AND BRAZORIA DRAINAGE DISTRICT NO. 4
FOR NOTTINGHAM STREET DRAINAGE IMPROVEMENTS
This Agreement is entered into this ~'~' day of ~b0Er~{;L-. , 2001, by and
between the City of Pearland, Texas, acting through its City Manager ("City"), and the
Brazoria Drainage District No. 4, acting through its Superintendent ("District").
WHEREAS, the City finds the installation of RCP storm sewers, manholes and Precast
Type "E" Inlets necessary to provide drainage to Mary's Creek. The facilities will be
installed in accordance with the engineering plans provided by Lentz Engineering, L.C.
dated January 2001 and identified as Job No. 00065; and
WHEREAS, the District finds it necessary to install RCP storm sewers, manholes and
Precast Type "E" Inlets in accordance with the engineering plans provided by Lentz
Engineering L.C. dated January 2001 and identified as Job No. 00065; and
WHEREAS, the installation of the said RCP storm sewers, manholes and Precast
Type E" Inlets will directly impact the District's drainage ditches; and
WHEREAS, pursuant to the Interlocal Cooperation Act, Texas Gov. Code, Chapter 791,
the City and the District have agreed to contribute certain labor, materials, and
equipment for drainage improvements associated with the Nottingham Street Project.
WITNESSETH:
City and the District, for the mutual consideration and covenants set forth below, agree
as follows:
ARTICLE I
SCOPE OF SERVICES
1.1 The District agrees to provide, at its own expense, the necessary labor and
equipment to clean out drainage ditches, remove certain improvements within
Mary's Creek, fill in an existing ditch, and install new facilities in accordance with
the Lentz Engineering Plans attached hereto as Exhibit "A."
1
1.2 The City agrees to provide, at its own expense, the necessary materials including
but not limited to bank sand, RCP storm sewers, manholes and Precast Type "E"
Inlets for drainage improvements associated with the Nottingham Street Project.
ARTICLE II
CONTRACT TIME
2.1 The initial term of this Agreement shall be for a period of eight (8) months,
commencing on the 1~'~- day of ~o¢,~ , 2002_., and terminating
on the..~\~'~ day of ~,~.~.u~2~, ,20Og.., at whic-~'--time, this contract
may be aUtomatically renewe~l in one (1) yea~ i-'~-~-ements contingent upon need
and the necessary funds being appropriated for said project in accordance with
City's and District's annual budgeting process.
2.2 Notwithstanding the provisions set fo~ in paragraph 2.1. of this Article, this
Contract may be terminated at any time after the execution hereof at the option
of either Party by giving the other Parties thirty (30) days' written notice.
ARTICLE III
MISCELLANEOUS
3.1 Payment for services or materials under this agreement shall be payable from
current revenues available to the paying party.
3.2 All parties intend that the District, in performing such services, shall act as an
independent contractor and shall control its own work and the manner in which it
is performed. The District is not to be considered an agent or employee of the
City.
3.3 All parties intend that the City, in performing such services, shall act as an
independent contractor and shall have control of its own work and the manner in
which it is performed. The City is not to be considered an agent or employee of
the District.
3.4 The parties expressly agree that no party shall have the right to seek
indemnification or contribution from any other party hereto for any losses, costs,
expenses, or damages directly or indirectly arising, in whole or in part, from this
agreement.
3.5 The City executes this Agreement by and through the City Manager of the City of
Pearland, acting pursuant to Order of City Council so authorizing. The District
executes this agreement by and through its Superintendent acting pursuant to
authorization of the Board of Commissioners of the District.
3.6 Nothing herein shall be construed to make either party a purchaser or consumer
of goods or services from the other.
2
3.7 Nothing herein shall be construed to create any rights in third parties.
3.8 This agreement may only be amended, modified, or supplemented in writing and
subsequently dated by the District and the City.
3.9 This Agreement shall be construed and enforced in accordance with and
governed by the laws of the State of Texas.
SIGNED and ENTERED this 12 day of November ,20 01
ATTEST: CITY OF PEARLAND
Y(Y~~ge Lc ~erfj~y ~ / ''~' - ~'// By: Clty Manager
BRAZORIA DRAINAGE DISTRICT NO. 4
Printed Name: t~',
Title: ~ O- r~ ~~
3
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Bill Eisen, City Manager of the City of Pearland, Texas, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
/¢/~ GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /..~ DAY OF
¢'¢-,,-~-/- ,A.D.,20 ,~/ .
Ot~-/"'~'~.~~~--u:rIM~l~ ,~Nt~r~oPmU~mll:~te~.of~T,.~e~. ~ Commission Expires: .~.;/ ,~,
~'~ Y APRIL 2, 2~)1~res:Expires'
~ ~%~k~,~¢~/ ~ Printed Name: ~¢.,-/~..
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned Notaw. Public, on this day personally appeared
~'~.~e~ ~ ~)r , ~_~_Lt O~¢, ~-~'e~,~.~.~.,C'4L of arazoria Drainage
District No. 4, kno~vn to me to be 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.
Jl, *k-DAY
~,~ GIVE~ MY HAND AND SEAL OF OFFICE THIS OF
UNDER
~O~'~"~, A.D., 200 k ·
~O'i'~ARY PtJ:I3LIC, STATE OF TEXAS
Commission Expires: o.~
Printed Name:,~CN~
4