R-2015-200 2015-11-09RESOLUTION NO. R2015-200
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 Fort Bend County associated with road improvements
at the intersection of FM 2234 and FM 521.
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 Fort Bend 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 Fort Bend County.
PASSED. APPROVED and ADOPTED this the 9th day of November, A.D., 2015.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
,'1/00 111 t1\``\
THE STATE OF TEXAS
COUNTY OF FORT BEND
§
§
§
Resolution No. R2015-200 Exhibit A
KNOW ALL MEN BY THESE PRESENTS:
INTERLOCAL AGREEMENT FOR CONTRIBUTION OF RIGHT OF WAY FUNDS
FM 2234 AT FM 521 AND UNION PACIFIC RAILROAD
This Agreement is made and entered into pursuant to the Interlocal Cooperation Act,
Chapter 791 of the TEXAS GOVERNMENT CODE, by and between the City of Pearland, a municipal
corporation and home -rule city of the State of Texas, acting by and through its City Council,
("City"), and Fort Bend County, a body corporate and politic under the laws of the State of Texas,
acting by and through its Commissioners Court, ("County"). The City and the County may be
referred to collectively herein as the "Parties".
RECITALS
WHEREAS, the Texas Department of Transportation ("TxDOT") has deemed it necessary to
make certain highway improvements on Highway No. FM 2234 at Highway No. FM 521 and the
crossing of the Union Pacific Railroad, and this section of highway improvements will necessitate
the acquisition of certain right of way and the relocating and adjusting of utilities (the "Project");
and
WHEREAS, the TxDOT will assume responsibility for acquisition of all necessary right of way
and adjustment of utilities for the Project upon County agreeing to enter a fixed price joint
participation agreement ("TxDOT Agreement") to contribute to the costs of such acquisition of
right of way ("ROW Costs") and relocating or adjusting utilities ("Reimbursable Utility
Adjustments") for the Project ("Project Costs"); and
WHEREAS, the City and the County wish to jointly participate in the Project Costs
proportionately on based on jurisdictional boundary limits; and
WHEREAS, the Commissioners Court of Fort Bend County finds that the Project
contemplated in this Agreement serves a County purpose; and
WHEREAS, the City and the County believe it is in their respective best interests to enter
into this Agreement to facilitate the provision of certain governmental functions to the citizens of
Fort Bend County and agree to participate in this Project according to the terms of this Agreement;
and
WHEREAS, the governing bodies of the City and County have authorized this Agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and
benefits to both parties, it is agreed as follows:
INTERLOCAL AGREEMENT FOR CONTRIBUTION OF RIGHT OF WAY FUNDS
FM 2234 AT FM 521 AND UNION PACIFIC RAILROAD
Page 1 of 5
AGREEMENT
Section 1. Incorporation of Recitals
The representations, covenants and recitations set forth in the foregoing recitals are
material to this Agreement and are incorporated into this Agreement.
Section 2. Local Participation
2.1 The Project Costs are estimated to total $1,600,000.00, as shown in Exhibit A,
attached hereto and incorporated herein for all purposes.
2.2 County shall fund the ten percent (10%) local share of the Project Costs, for a total
amount of $160,000.00 under the TxDOT Agreement ("Local Participation"), including $90,000.00
for ROW Costs and $70,000.00 for Reimbursable Utility Adjustments.
2.3 The City agrees to reimburse the County for fifty percent (50%) of the ROW Costs
and for Reimbursable Utility Adjustments attributable to the Project located within the
jurisdictional boundary limits of the City. The Parties agree sixty-eight percent (68%) of the total
amount right of way to be acquired for the Project is located within the jurisdictional boundary
limits of the City. Therefore, the City agrees to reimburse the County an amount equal to
$54,400.00 as determined below:
Total Estimated ROW
and Utilities
Adjustments
100%
Outside City Boundary Limits
32%
Within City Boundary Limits
68%
$160,000.00
$51,200.00
$108,800.00
(County and City split) X 50%
$54,400.00
2.4 Within thirty (30) days of final execution of this Agreement, the City shall payment
in the amount $54,400.00 to the County. The City shall take all necessary steps to ensure funds
are properly appropriated to accomplish and pay the financial obligations of the City under this
Agreement.
Section 3. Term
This Agreement shall continue in force and effect from the date of execution of the last
party hereto until the transaction contemplated in Section 2.4 above is consummated.
INTERLOCAL AGREEMENT FOR CONTRIBUTION OF RIGHT OF WAY FUNDS
FM 2234 AT FM 521 AND UNION PACIFIC RAILROAD
Page 2 of 5
Section 4. Insurance and Liability
4.1 County and City are both governed by the Texas Tort Claims Act, Chapter 101.001 et
seq., as amended, of the Texas Civil Practice and Remedies Code which sets limits of liability for
certain causes of action. Each party to this Agreement warrants and represents that it is insured
under a commercial insurance policy or is self-insured for all claims falling within the Texas Tort
Claims Act.
4.2 Each party is solely responsible for the actions and omissions of its employees and
officers. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its
trustees, its officers, employees, and agents as a result of the execution of this Agreement and the
performance of the covenants contained herein.
Section 5. Notices
All notices and communications under this Agreement shall be mailed by certified mail,
return receipt requested, or delivered to the following addresses:
County:
With a copy to:
City:
Section 6. Miscellaneous
Fort Bend County Engineering Department
Attn: Richard Stolleis, P.E., County Engineer
301 Jackson Street
Richmond, Texas 77469
Fort Bend County
Attn: Robert E. Hebert, County Judge
401 Jackson Street, 1st Floor
Richmond, Texas 77469
City of Pearland, Texas
Attn: Trent Epperson, Assistant City Manager
3519 Liberty Drive
Pearland, Texas 77581
6.1 Each party shall make payments only from current revenues available to the party.
6.2 The parties may not amend or waive this Agreement, except by a written agreement
executed by both parties.
6.3 The laws of the State of Texas govern all disputes arising out of or relating to this
Agreement. The parties hereto acknowledge that venue is proper in Fort Bend County, Texas, for
all legal actions or proceedings arising out of or relating to this Agreement and waive the right to
sue or be sued elsewhere. Nothing in the Agreement shall be construed to waive either party's
sovereign immunity.
INTERLOCAL AGREEMENT FOR CONTRIBUTION OF RIGHT OF WAY FUNDS
FM 2234 AT FM 521 AND UNION PACIFIC RAILROAD
Page 3 of 5
6.4 If a court finds or rules that any part of this Agreement is invalid or unlawful, the
remainder of the Agreement continues to be binding on the parties.
6.5 This Agreement supersedes any and all other agreements, either oral or in writing
between the parties hereto with respect to the subject matter hereof, and no other agreement,
statement, or promise relating to the subject matter of this Agreement which is not contained
herein shall be valid or binding.
6.6 This Agreement cannot be assigned by either party.
6.7 This Agreement does not confer any enforceable rights or remedies upon any
person other than the parties. No provision of this Agreement constitutes consent to suit.
6.8 The section captions used in this Agreement are for convenience of reference only
and do not affect the interpretation or construction of this Agreement.
Section 13. Execution
This Agreement has been executed by the City and the County upon and by the authority of
their respective governing bodies. This Agreement shall become effective on the date executed by
the final party.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
INTERLOCAL AGREEMENT FOR CONTRIBUTION OF RIGHT OF WAY FUNDS
FM 2234 AT FM 521 AND UNION PACIFIC RAILROAD
Page 4 of 5
FORT B
COUNTY TEXAS
Robert E. Hebert, Colnty Judge
Date:
CITY OF PEARLAND, TEXAS
01/74
Tom Reid, Mayor
Date:
ATTEST:
Laura Richard, County Clerk
APPROVED:
•```��RL!Ike7•
O '
o •.•
Ri hard W. Stolleis, P.E., County Engineer
APPROVED AS TO LEGAL FORM:
_
Marcus. Spencer, first As istant County Attorney
ATTACHMENT:
Exhibit A — Project Costs
INTERLOCAL AGREEMENT FOR CONTRIBUTION OF RIGHT OF WAY FUNDS
FM 2234 AT FM 521 AND UNION PACIFIC RAILROAD
Page 5 of 5
Resolution No. R2015-200
EXHIBIT A
Standard Agreement to Contribute
State Performs Work
Attachment C
lescription
Total ...tate Participation
Estimated
Local
Participation
Cost '/o
Cost
'%o
Cost
Right of Way
• cquisition
$ 900,000.00 •0%S810,000.00
10%.$
90,000.00
Reimbursable
Utility
•djustments
$ 700,000.00 1%
$630,000.00
10%$
70,000.00
30 1 %
$0
0%
$0
'$0
1 °i°
So
0%
$0
$0 0%
$0
0%
SO
\$ 11%$0
0%
$o
$ 10%
So
0%
50
$ 1.1
%
SO
4)0/0
so
OTAL
51,600,000.00
40%•$1,440,000.00.10%$160,000.00
Except as otherwise provided in the Agreement, the fixed amount of Local
Government participation will be that amount provided above.
Rev. 09 30 2014
DISTRICT
TOMS
ES
10
5013.
OLD
SY
MT
1101
:701•
BEGIN PROJECT
RSCJ NO. 2105-01-053
STA. 427•10. 36
N - 13, 777, 995.110
E • 3 100,626.79
2 • 63.52
LAT. • 29.34'53.3667•
LONG. • 95.26' 19.3636'
OATUN4 MAO '63. 1993 A0J.
VERT. NAVO 66 (2001 ADJ.)
RIGHT-OF-WAY PROJECT
FORT BEND COUNTY
FM 2234
C. C. S. J. NO. 2105-01 -048
R. C. S. J. NO. 2105-01-053
LIMITS: FM 2234 AT UPRR
STA. 427.80.36 TO STA. 460.00.00
NET LENGTH OF PROJECT • 3,219.64 FEET • 0.610 MILES
Kosii m
T M
Exhibit B
Project ROW and
Utility Adjustments
with CoP City
Limits
NOWT LE4411
A6wTR4CEI Z
6110 PROJECT
RSCJ N0. 2105-01-036
STA. 427.60.36
N • 13, 777, 996. 90
E • 3,100, 630.21
2 • 65. 42
LAT. • 29'34'53.3992'
LONG. • 95.26'19.3472'
DATUM: MAO '63
VERT. NGVO 29 41976 ADJ.)
4' 1 ENO PROJECT
RCSJ N0. 2105
i� STA. 460.00.0(
i N • 13,779 04(
E • 3,103,625.
LAT. • 29'34'1
LONG. • 95'25'
LAYOUT SCALE: 1 INCH . 200' FEET (22' x 34" SHEET)
1 INCH • 400' FEET (11' x 17• SHEET)
THIS MAP IS AN INTERNAL TxDOT DOCUMENT. ITS CONTENTS
SHALL NOT BE USED FOR ANY OTHER PURPOSE.
PROPOSED RIGHT-OF-WAY BASELINE MAY NOT MATCH PROPOSED
CONSTRUCTION BASELINE OR AS -BUILT BASELINE DUE TO DESIGN CHANGES.
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