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2001-173-RES APPROVING/AUTHORIZING INTERLOCAL CONTRACT PURSUANT TO CHAPTER 791 OF TX GOVERNMENT CODE RESOLUTION NO. 2001-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING AN INTERLOCAL CONTRACT PURSUANT TO CHAPTER 791 OF THE TEXAS GOVERNMENT CODE BY AND BETWEEN THE CITY AND THE COUNTY OF LAMAR FOR REPAIR OF A PORTION OF A ROAD KNOWN AS OLD BROOKSTON ROAD BETWEEN THE INTERSECTION OF SAID ROAD WITH FM 137, NORTH AND EAST TO THE INTERSECTION OF SAID ROAD WITH SOUTHWEST LOOP 286 TO PROVIDE IMPROVED ACCESS TO CITIZENS AND PROPERTY ANNEXED TO THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris has previously annexed residences and property located off of Old Brookston Road between FM 137 and Southwest Loop 286 in Lamar County; and, WHEREAS, the primary access to the properties annexed to the City of Paris off FM 137 is down that road designated as Old Brookston Road; and, WHEREAS, because the aforesaid portion of said Old Brookston Road is generally in a state of disrepair, and because residents and business owners annexed to the City of Paris must access their homes and property primarily through the use of said Old Brookston Road, said residents and property owners have requested the City to undertake improvements to said access road; and, WHEREAS, repairs to that portion of Old Brookston Road referenced herein are not imminent by Lamar County; and, WHEREAS, the City Council finds and determines it is in the best interests of the citizens of the city of Paris to undertake certain improvements to that portion of Old Brookston Road necessary to serve the aforesaid citizens, the same being that portion of Old Brookston Road beginning at the intersection of said road with FM 137 and continuing north and east along said Old Brookston Road to the intersection with Southwest Loop 286, and the City has requested the County's agreement to allow the City to undertake such improvements; and, WHEREAS, the purpose of Chapter 791 of the Texas Government Code, styled Interlocal Cooperation Contracts, at Section 791. 00 1, is to increase the efficiency and effectiveness oflocal governments, including cities and counties, by authorizing them to jointly participate by interlocal contracts in various shared governmental functions, to the mutual benefit of each governmental entity and their respective constituents; and, WHEREAS, the City and County desire to enter into an interlocal contract whereby the City will undertake repairs to the aforesaid portion of Old Brookston Road with the approval and agreement of Lamar County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That an interlocal agreement by and between the City of Paris and the County of Lamar, Texas, as the same is attached hereto as Exhibit A and for all purposes incorporated herein, for repairs to that portion of Old Brookston Road beginning at the intersection of said road with FM 137 and continuing north and east along said Old Brookston Road to the intersection with Southwest Loop 286, with the full approval and agreement of Lamar County, is hereby in all things approved, and the Mayor is hereby authorized to execute and the City Clerk to attest to the aforesaid agreement. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 4th day of October, 2001. ~~ Michael J. Pfiest , Ma r ATTEST: L.mQ~\"~~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: STATE OF TEXAS COUNTY OF LAMAR I KNOW ALL MEN BY THESE PRESENTS: INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS, PARIS, TEXAS, AND THE COUNTY OF LAMAR FOR REPAIR OF A PORTION OF A COUNTY ROAD KNOWN AS OLD BROOKSTON ROAD WHEREAS, the City of Paris has previously annexed residences and property in the vicinity of a portion of Old Brookston Road in Lamar County; and, WHEREAS, because the aforesaid portion of said Old Brookston Road is generally in a state of disrepair, and because residents and business owners annexed to the City of Paris must access their homes and property primarily through the use of said portion of Old Brookston Road, said residents have requested the City to undertake improvements to said access road; and, WHEREAS, repairs to that portion of Old Brookston Road referenced herein are not imminent by Lamar County; and, WHEREAS, the City Council finds and determines it is in the best interests of the citizens of the city of Paris, to undertake certain improvements to that portion of Old Brookston Road necessary to serve the aforesaid citizens, the same being that portion of Old Brookston Road beginning at the intersection of said road with FM 137 and continuing north and east along said Old Brookston Road to the intersection with Southwest Loop 286, and the City has requested the County's agreement to allow the City to undertake such improvements; and, WHEREAS, the purpose of Chapter 791 of the Texas Government Code, styled Interlocal Cooperation Contracts, at Section 791.001, is to increase the efficiency and effectiveness oflocal governments, including cities and counties, by authorizing them to jointly participate by interlocal contracts in various shared governmental functions to the mutual benefit of each governmental entity and their respective constituents; and, WHEREAS, the City and County desire to enter into an interlocal contract whereby the City will undertake repairs to the aforesaid portion of Old Brookston Road with the approval and agreement of Lamar County; NOW, THEREFORE, IN CONSIDERATION of these premises, the City and County agree as follows: (i) This contract is entered into pursuant to and subject to the terms and provisions of Chapter 791 of the Texas Government Code. (ii) The City hereby agrees to undertake necessary repairs and reconstruction, at the City's sole cost and expense, and without cost to the County, of that portion of Old Brookston Road, beginning at the intersection of said road with FM 137 and continuing north and east along said Old Brookston Road to the intersection with Southwest Loop 286, for the purposes of increasing access to citizens, businesses, and property located in the vicinity of said Old Brookston Road annexed to the City EXHIBIT A of Paris. The services to be provided hereunder are services each party hereto is authorized to perform individually. (iii) The County and the City hereby stipulate that to the extent, if any, either party to this contract must expend funds under this contract for services, the cost of such services shall be paid for out of current revenues of said party. (iv) The City and the County stipulate the consideration received by each party hereunder fairly compensates each party for the services or functions performed hereunder. (v) The term of this contract, and the services to be provided hereunder, shall begin the date of approval of the last approving party hereto and shall end no later than one (1) year thereafter; provided, however, such contract shall be automatically renewed on the anniversary date hereof for four (4) additional one (1) year terms, unless terminated by either party by giving written notice to the other party thirty (30) days in advance ofthe effective date of said termination. (vi) This contract shall be effective following the formal approval of same by the governing bodies of each party hereto. APPROVED AND EXECUTED this 4th day of October, 2001, by the City of Paris, Paris, Texas. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney APPROVED AND EXECUTED this _ day of of Lamar. ,2001, by the County M. C. Superville, Jr., County Judge Michael R. Blackburn, Commissioner, Precinct 1 ATTEST: Carl L. Steffey, Commissioner, Precinct 2 Rodney C. Pollard, Commissioner, Precinct 3 Jackie Wheeler, Commissioner, Precinct 4 Kathy Marlowe, County Clerk ,AU,.E/../ m ~~@ 091/s/~/ ----- ~ 11)$ .,.1ft .-~ IA l~t,.O ~