R-2016-162 2016-10-10RESOLUTION NO. R2016-162
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 reimbursement of
traffic signal costs, associated with the intersection of Business
Center Drive and Discovery Bay.
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 10th day of
October, A.D., 2016.
ATTEST:
Y• G Ley' FING,
CI SECETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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Resolution No. R2016-162
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 constructing improvements at SH 288 and Discovery Bay
Drive ("Project"); and
Whereas, the Project includes construction of a traffic signal at Discovery Bay
Drive and Business Center Drive; and
Whereas, the City, through development along Discovery Bay Drive and
Business Center Drive, has and will continue to secure 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 current City Funds collected, in the amount of $50,000, 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. It is
understood by County that City will continue to secure financial
contributions, associated with the traffic impact of future development in
REVISED R10-015-5288
the vicinity of the Project. Within 45 days following the collection of
future City Funds, City shall transfer said City Funds to County. The total
amount of City Funds transferred to County pursuant to this Agreement
shall not exceed the value of the traffic signal constructed at Discovery
bay Drive and Business Center Drive.
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.
II. 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
REVISED R10-015-5288
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 his
BRAZORIA COUNTY
a r1day of
ATTEST:
aP)il).Q_Q-e, CL_PD3-L,E 'C:
CITY OF
Cl •ti%'arson, ' ity Manager
OinCLA , 2016.
REVISED R10-015-5288
ATTEST:
REVISED R10 -015-S288