R2001-0170 11-26-01 RESOLUTION NO. R2001-170
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 DEVELOPMENT OF A 7.5 ACRE
REGIONAL STORMWATER DETENTION FACILITY.
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 development of a 7.5 acre regional stormwater detention facility.
PASSED, APPROVED and ADOPTED this the 26 day of November ,
A.D., 2001.
OYyL
TOM REID
MAYOR
ATTEST:
T
UNG I G
CI Y S RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2007-770
INTERLOCAL AGREEMENT
BETWEEN
BRAZORIA DRAINAGE DISTRICT N0.4 AND CITY OF PEARLAND
FOR HICKORY SLOUGH DETENTION BASIN #1
This Agreement is dated and effective as of the day last signed by the parties hereto,
BRAZORIA DRAINAGE DISTRICT N0.4, acting by and through its Board of Commissioners
("District'), represented by its Chairman and the CITY OF PEARLAND, TEXAS,. acting by
and through its City Council ("City"), represented by its Mayor.
WITNESSETH:
WHEREAS, pursuant to Chapter 791 of the Texas Government Code, the
Interlocal Cooperation Act (the "Act"), local governments are authorized to contract among
themselves for the provision of governmental functions and services; and
WHEREAS, City anal District are each "local governments," as that term is defined in the
Act; and
WHEREAS, City is a home rule municipal corporation primarily located within the
boundaries of District, within Brazoria County; and
WHEREAS, District is a conservation and reclamation district, primarily located within
the boundaries of City within Brazoria County; and
WHEREAS, District was created for the purpose of managing, controlling, and
distributing storm and floodwaters within its jurisdiction; and
WHEREAS, in furtherance of District's purpose, District is empowered to acquire,
construct, improve, and maintain facilities necessary to carry out its mandated purpose; and
WHEREAS, City may, in accordance its inherent police powers, take all necessary and
reasonable actions to reduce the risks and effects associated with storm water runoff; and
WHEREAS, in furtherance of City s purpose, City has acquired approximately 7.5 acres
north of and adjacent to Hickory Slough east of Cullen Road within the overlapping jurisdictions
of City and District to be developed and used for detention and other municipal purposes,
referred to herein as "Hickory Slough Site #1 ("HS 1"); and
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WHEREAS, the HS 1 detention facility will impact the function of District's drainage
facilities; and
WHEREAS, District and City desire to enter into this cooperative agreement, combining
the efforts of both entities to (a) establish a regional detention site whereby detention capacity
will be created and sold in an effort to mitigate the effects of existing and future development,
(b) ensure proper design, development, operation, and maintenance of the HSl detention facility
("Project"), and (c) expedite its completion so that its intended purpose may be fully realized
without causing any negative impact downstream of its site; and
WHEREAS, District and City have each agreed to contribute certain materials,
equipment, or efforts to accomplish this goal; and
WHEREAS, monetary consideration will not be exchanged between the parties hereto for
the performance of governmental functions or services rendered hereunder, however fees maybe
paid by third parties to the parties hereto in accordance with this Agreement; and
WHEREAS, in order to accomplish this goal, the services of third parties maybe required
and enlisted by District or City, as provided herein;
NOW, THEREFORE, in consideration of the foregoing premises and other mutual
obligations and benefits to be derived hereunder, City and District, pursuant to the Act, agree as
follows:
ARTICLE I
SCOPE OF SERVICES
1.1. The facts and matters set forth in the preamble hereof are true and correct.
1.2. The purpose of this Agreement is to promote and protect public health, safety and
welfare, by minimizing public and private losses resulting from flood conditions, through
cooperation and joint development by City and District of the Project.
1.3. City and District recognize and agree that (1) Amvest, Inc. has purchased 12.5 acres
adjacent to the City s 7.5 acres; (2) Amvest has constructed approximately 32.48 acre feet of
detention and expects to construct an additional 28.64 acre feet of detention to serve their
Sunrise Lake development; (3) Amvest, Inc. has constructed a diversion structure that will serve
their facility and HS1; (4) HS1 will be constructed as an extension of the Amvest facility, but
will remain publicly owned and the volume within HS 1 has not been pledged toward the
mitigation requirement of Sunrise Lake or any other development.
1.4. City and District recognize and agree that in executing the work of this Project, the
parties hereto and any third parties, enlisted in accordance with this Agreement, may conduct
activities on the Project site concurrently.
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1.5. City and District recognize and agree that estimated costs of the Project are attached
hereto as "EXHIBIT A" and incorporated herein for all purposes, and may be revised, amended,
or modified as needed and agreed upon by the parties hereto.
1.6. City and District recognize and agree that design and construction plans and
specifications for the Project known by City as "Hickory Slough Detention Site #1" and
approved by District on ,are incorporated herein by reference for all purposes,
and may be revised, amended, or modified as needed and agreed upon by the parties hereto.
A. Construction
1.A.1. City and District recognize, understand and agree generally that City shall provide
materials and supplies necessary for completion of the Project and District shall provide
excavation equipment and labor necessary for completion of the Project.
l .A.2. City and District agree specifically, that City shall:
(a) prepare all design and construction plans and specifications for the Project
and its necessary appurtenances.
(b) obtain, in a timely fashion, review and approval required by all third
parties, including local, state, and federal administrative agencies,
including all permits, licenses, certificates, etc., necessary for the design,
construction, operation, and maintenance of the Project.
(c) stake the Project for construction, including proper grade control for
elevations required, in accordance with the design and construction plans
and specifications.
(d) provide chipper necessary for clearing the Project site.
(e) provide dump trucks, drivers, and operators for purposes of hauling soil
and other materials to, from, and upon the Project site.
1.A.3. City and District agree specifically that District shall:
(a) review and approve all design and construction plans and specifications
for the Project and its necessary appurtenances in accordance with
District's Rules, Regulations & Guidelines.
(b) provide labor necessary for clearing Project site.
(c) provide labor and excavation equipment necessary for loading trucks
provided by City.
(d) provide labor and excavation equipment necessary for construction and
installation of backslope swales, inlets, and pipes.
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(e) provide labor and excavation equipment necessary for placement of
finished grading and topsoil.
B. Operation
1.B.1 City and District recognize, understand, and agree that City shall operate the
Project upon its completion.
C. Maintenance
1.C.1. City and District agree specifically that C~ shall be responsible for structural
maintenance of the side slopes, berm swales, and berm drains of the Project.
l .C.2. City and District agree specifically that District shall:
(a) provide assistance to City for structural maintenance of the side slopes,
berm swales, and berm drains of the Project on an "as needed" basis.
(b) mow and clean the City portion of the detention pond.
(c) operate and maintain its drainage facilities along Hickory Slough
D. Sale of Detention
1.D.1. City and District recognize and agree that of the approximately 30 acre feet of
detention capacity to be established as a result of the Project, approximately IS acre feet
of detention capacity will be reserved for existing development and approximately
15 acre feet of detention will be available for sale to development sites no greater than
1 and U2 acres in size.
1.D.2. City and District agree that available detention capacity shall be sold for a fee of
SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($7,500.00) per
acre foot.
(a) City and District further agree that said fee shall be shared by City and
District as follows: City to receive 70% ($5,250.00) and District to
receive 30% ($2,250.00), based upon Project contributions of each party
hereto, including, but not limited to design, engineering, surveying,
construction, and administration costs.
(b) City and District further agree that said fee arrangement shall begin upon
execution of this Agreement.
1.D.3. City and District a~ ee that records of said detention sales, including maintenance
of accounts and debit/credit ledger, previously established by City, shall be managed by
City.
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1.D.4. City and District agree that both parties hereto shall have mutual and joint
right-of--entry and audit authority regarding said records of detention sales. City further
agrees to provide District with quarterly reports regarding detention sales.
1.7 District's Superintendent or his designee is hereby designated as the representative
authorized by District to lead, direct, and coordinate District's work in accordance with this
Agreement.
1.8 City's Manager or his designee is hereby designated as the representative authorized by
City to lead, direct, and coordinate City's work in accordance with this Agreement.
ARTICLE 2
CONTRACT TIME
2.1. The term of this Agreement for purposes of construction shall be for a period of two (2)
years, commencing on the effective date reflected herein and terminating on the same day of the
year 2003 and shall be extended automatically until construction of the Project is completed
unless terminated as provided herein.
2.2. The term of this Agreement for purposes of maintenance shall be for a period of five (5)
years, commencing on the date construction of the Project is completed in accordance with
paragraph 2.1 above and shall renew automatically unless terminated as provided herein.
2.3. Notwithstanding the provisions set forth in sections 2.1. and 2.2. of this article, the
Agreement maybe terminated at any time after the execution hereof, at the option of either party
by giving the other party ninety (90) days' written notice.
ARTICLE 3
MISCELLANEOUS
3.1. City and District recognize and agree that District, in performance of this Agreement,
shall act as an independent contractor and shall have control of its own work and the manner in
which it is performed and all employees of District shall remain District employees and shall not
be considered agents, employees, or borrowed servants of City.
3.2. City and District recognize and agree that City, in performance of this Agreement, shall
act as an independent contractor and shall have control of its own work and the manner in which
it is performed and all employees of City shall remain City employees and shall not be
considered agents, employees, or borrowed servants of District.
3.3. City and District recognize and agree that work and materials provided by District, in
accordance with this Agreement, are provided without warranty of any kind to City or any third
party, and work and materials provided by City, in accordance with this Agreement, are provided
without warranty of any kind to District or any third party.
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3.4. City and District recognize and agree that nothing herein shall be construed to make
either party a purchaser or consumer of goods or services from the other.
3.5. City and District recognize and agree that District has not performed any work on the
Project site prior to the date of this Agreement and does not assume any liability or responsibility
for claims or demands associated with, resulting from, or arising out of excavation of the
detention facility on the Project site by a third party prior to this Agreement.
3.6. City and District shall comply with all applicable laws, regulations, and requirements in
performance of their respective obligations under this agreement.
3.7. City and District agree to acquire and maintain the minimum limits of insurance required
by law and sufficient to cover each party's performance hereunder.
3.8. City and District recognize and agree that nothing herein shall be construed to create any
rights in third parities.
3.9. 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.
3.10. Whenever possible, each provision of this Agreement shall be interpreted in such a
manner as to be effective and valid under applicable law, but if any section, subsection,
paragraph, sentence, clause, phrase, word, or portion of this Agreement is, for any reason, held
invalid, unconstitutional, or otherwise unenforceable by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
3.11. The rights and obligations of this Agreement shall not be assigned without prior written
consent of City and District.
3.12 This Agreement may only be amended, modified, or supplemented in writing and
subsequently signed and dated by City, as acted upon by its City Council and District, as acted
upon by its Board of Directors.
3.13 This Agreement and all obligations created hereunder shall be performable in
Brazoria County, Texas.
3.14. This Agreement shall be construed and enforced in accordance with and governed by the
laws of the State of Texas.
3.15. This Agreement shall be binding upon and inure to the benefit of the parties and their
administrators, agents, employees, successors, and assigns permitted by this Agreement.
3.16. To accomplish execution of this Agreement, it maybe executed in multiple counterparts.
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3.17. Each person signing below represents that he or she has read this Agreement in its
entirety, including any and all attachments and exhibits, understands its terms, is duly
authorized to execute this Agreement on behalf of the party indicated by his or her name below
and agrees on behalf of said party that the party will be bound by these terms.
SIGNED and ENTERED this 26 day of -11L01Lember , 2001.
ATTEST: BRAZORIA DRAINAGE DISTRICT N0.4
~~Q~~~ B
Kath Wells Ben Lenamon
Director of A inistrative Services Chairman
ATTEST: CITY OF PEARLAND
By, ~a~-yu
ng Lo Tom Reid
C' y Se ary Mayor
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STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
'~~f'Yd ~ ~cQ ,known 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~ ~ DAY OF
N 0 ~ t>~ r , A.D., 20 o f
NOTARY PUBLIC IN AND FOR THE
~rr''~'~'~'''~"'''e~r''er'"~'~''r~~'f"'ar'~'~ STATE OF TEXAS
.?~~°~m~ MELINDA K. WELSH
;Note Public, State of Texas Printed Name: ~C~ ~Z ~
,~r My cmmissian Expires:
aaixoizoa~
My Commission Expires: ~Q~rt,~A,r~ ;~-G t~c~
STATE OF TEXAS §
COUNTY OF BRAZORIA §
f $EFORE ME, the undersigned Notary Public, on this day personally appeared
1~ ~.'~a ~ p~> ,known 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.
GIVE UNDER MY HAND AND SEAL OF OFFICE THIS I Z.`~~" DAY OF
C Q , A.D., 20 p ~
sp~'~°~~~ NOT Y P LIC IN AND FOR THE
~ STATE OF TEXAS
Printed Name: ~ , ~ S
My Commission Expires: p ~ ~ 3 - 2~ S
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