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R-2015-041 2015-03-09RESOLUTION NO. R2015-41 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 transfer funds, in the amount of $93,548.00, associated with the construction of the CR 48 Project with boundaries of Broadway Street and State Highway 6. 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 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 an Interlocal Agreement with Brazoria County. PASSED, APPROVED and ADOPTED this the 9t"day of March, A.D., 2015. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY .�rmj �V Cc.O TOM REID MAYOR CERTIFIED COPY BRAZORIA COUNTY COMMISSIONERS' COURT ORDER NO. VIII.B.4.a. RE: CR 48 INTERLOCAL FOR TRANSFER OF FUNDS (PRECINCT 4) Approve the attached Interlocal Agreement with the City of Pearland for the transfer of $93,548.00 to Brazoria County from developer contributions towards the improvements of County Road 48 from SH 6 to Broadway. Whereas, Brazoria County has executed an Advance Funding Agreement with TxDOT to complete the widening and improvements to CR 48, from SH 6 to Broadway, wherein a portion of such lies within the City limits and City's ETJ. Further, that the County Judge be authorized to sign the agreement and that a certified copy of this order be furnished to the County Engineer for distribution to all parties involved. Motion to Approve by Commissioner Linder, seconded by Commissioner Adams that the above action be taken by the Court. Passed: 5-0 Aye: Commissioner Payne, Commissioner Adams, Commissioner Linder, Commissioner Cade, Judge Sebesta Nay: (None) STATE OF TEXAS § COUNTY OF BRAZORIA § I, Joyce Hudman, Clerk County Court and Ex -Officio Clerk of the Commissioners' Court of Brazoria County, Texas, do hereby certify that the foregoing is a true and correct copy of that certain: Resolution No. R2015-41 Exhibit "A" INTERLOCAL AGREEMENT This Agreement, made and entered into by and between the City of Pearland, a home rule municipality incorporated under the laws of the State of Texas, hereinafter called "City," and Brazoria County, a body corporate and politic under the laws of the State of Texas, hereinafter called "County"; RECITALS Whereas, the County is reconstructing CR 48 from SH 6 to Broadway Street ("Project"); and Whereas, the City, through development along CR 48, has secured financial contributions ("City Funds") from developers that are to be used for construction of the Project; and Whereas, the City and County desire to set forth an agreement to set forth their respective responsibilities with regard to the City Funds ; and Whereas, this Agreement is entered into pursuant to the authority of the Interlocal Cooperation Act, V.T.C.A. Gov. Code Sec. 791.001 et seq. WITNESSETH NOW THEREFORE, in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is hereby agreed as follows: I. Responsibilities of the Parties A. County, consistent with the Advanced Funding Agreement ("AFA")with the Texas Department of Transportation, shall construct the Project. B. Within 30 days following the execution of this Agreement, City shall transfer the City Funds, in the amount of $93,548, to Brazoria County. Brazoria County shall use the City Funds to fund a portion of the County's local match as required by the AFA. C. The City will accept the portion of the project located within the City's incorporated limits as part of its street or road system. The County will accept the portion of the Project located outside the City's incorporated limits as part of its street or road system. I1. CURRENT FUNDS AVAILABLE Both parties hereto represent that they have appropriated sufficient funds to satisfy their respective obligations under this Agreement. III. MISCELLANEOUS A. City and County 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. B. City and County recognize and agree that the County, 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. C. City and County shall comply with all applicable laws, regulations and requirements in performance of their respective obligations under this agreement. D. City and County recognize and agree that nothing herein shall be construed to create any rights in third parties. E. City and County 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 part form this Agreement. F. 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, work 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. G. The Rights and Obligations of this Agreement shall not be assigned without prior written consent of the City and County. H. This Agreement may only be amended, modified, or supplemented in writing and subsequently signed and dated by the City, as acted upon by its City Council and the County, as acted upon by its Board of Commissioners. 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 9'h day of March, 2015. BRAZ ' /, COUNTY ''Ji ATTE T: els Maria . Rodriguez, Deputy MATT HANKS, J.D., P.E. COUNTY ENGINEER MICHAEL C. SHANNON, P.E., CFM SR. ASST. COUNTY ENGINEER TREY HASKINS, P.E. ASST. COUNTY ENGINEER April 7, 2015 Trent Epperson Assistant City Manager City of Pearland 3519 Liberty Dr. Pearland, TX 77581 Re: CR 48 Developer Contributions Dear Mr. Epperson: BRAZORIA COUNTY 451 N VELASCO, SUITE 230 ANGLETON, TEXAS 77515 (979) 864-1265 (979) 388-1265 (281) 756-1265 (979) 864-1270 ANGLETON CLUTE HOUSTON FAX Please find enclosed 2 fully executed copies of the Interlocal Agreement between the City of Pearland and Brazoria County and a copy of the Commissioners Court Order regarding Developer Contributions on CR 48 from SH 6 to Broadway. Please have these funds transmitted to the County at your convenience so that we may apply them to our projects funding. We appreciate your assistance with this matter and should you have any questions, please do not hesitate to call. Sincerely, Trey H kins, P.E. Assistant County Engineer Brazoria County cc: David Linder, Brazoria County Commissioner, Pct. 4 Matt Sebesta, P.E., Brazoria County Judge Certified Mail Tracking #: