2001-160-RES APPROVING/AUTHORIZING INTERLOCAL CONTRACT PURSUANT TO CHAPT 791
RESOLUTION NO. 2001-160
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 SMALLWOOD ROAD BETWEEN A POINT 2,314 FEET,
MORE OR LESS, EAST OF THE INTERSECTION OF SMALLWOOD
ROAD WITH 36TH STREET N.E. AND CONTINUING EASTWARD AN
ADDITIONAL 2,025 FEET, TO A POINT 4,339 FEET EAST OF THE
INTERSECTION OF SMALLWOOD ROAD AND 36TH STREET N.E. TO
PROVIDE IMPROVED ACCESS TO CITIZENS 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
Wildwood Road in Lamar County; and,
WHEREAS, the primary access to the properties annexed to the City of Paris off
Wildwood Road is down a road designated as Smallwood Road, the portion of which serves
Wildwood Road between a point 2,314 feet, more or less, east of the intersection of Smallwood
Road with 36th Street N.E. and continuing eastward an additional 2,025 feet, to a point 4,339 feet
east of the intersection of Smallwood Road and 36th Street N.E. being located in Lamar County;
and,
WHEREAS, because the aforesaid portion of said Smallwood Road is generally in a state
of disrepair, and because residents annexed to the City of Paris must access their homes primarily
through the use of Smallwood Road, said residents have requested the City to undertake
improvements to said access road; and,
WHEREAS, repairs to that portion of Smallwood Road referenced herein are not imminent
by Lamar County; and,
WHEREAS, the City Council fmds and determines it is in the best interests of the citizens
of the city of Paris, and especially those annexed to the city on Wildwood Road, to undertake
certain improvements to that portion of Wildwood Road necessary to serve the aforesaid citizens,
the same being that portion of Smallwood Road beginning at a point 2,314 feet, more or less, east
of the intersection of Smallwood Road with 36th Street N .E. and continuing eastward an additional
2,025 feet, to a point 4,339 feet east of the intersection of Smallwood Road and 36th Street N .E.,
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 of local
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 Smallwood 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 Smallwood Road between a point 2,314 feet, more or less,
east of the intersection of Smallwood Road with 36th Street N .E. and continuing eastward an
additional 2,025 feet, to a point 4,339 feet east of the intersection of Smallwood Road and 36th
Street N .E., 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 17th day of September, 2001.
ATTEST:
APPROVED AS TO FORM:
STATE OF TEXAS
COUNTY OF LAMAR
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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 SMALLWOOD ROAD
WHEREAS, the City of Paris has previously annexed residences and property located off
Wildwood Road in Lamar County; and,
WHEREAS, the primary access to the properties annexed to the City of Paris off
Wildwood Road is down a road designated as Smallwood Road, the portion of which serves
Wildwood Road between a point 2,314 feet, more or less, east of the intersection of Smallwood
Road with 36th Street N.E. and continuing eastward an additional 2,025 feet, to a point 4,339 feet
east of the intersection of Smallwood Road and 36th Street N.E. being located in Lamar County;
and,
WHEREAS, because the aforesaid portion of said Smallwood Road is generally in a state
of disrepair, and because residents annexed to the City of Paris must access their homes primarily
through the use of Smallwood Road, said residents have requested the City to undertake
improvements to said access road; and,
WHEREAS, repairs to that portion of Smallwood 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, and especially those annexed to the city on Wildwood Road, to undertake
certain improvements to that portion of Wildwood Road necessary to serve the aforesaid citizens,
the same being that portion of Smallwood Road beginning at a point 2,314 feet, more or less, east
of the intersection of Smallwood Road with 36th Street N. E. and continuing eastward an additional
2,025 feet, to a point 4,339 feet east of the intersection of Smallwood Road and 36th Street N.E.,
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 of local
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 Smallwood Road with the approval and
agreement of Lamar County; NOW, THEREFORE,
IN CONSIDERATION ofthese 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 ofthe Texas Government Code.
EXHIBIT A
(ii) The City hereby agrees to undertake necessary repairs and reconstruction of that
portion of Smallwood Road between a point 2,314 feet, more or less, east of the
intersection of Smallwood Road with 36th Street N.E. and continuing eastward an
additional 2,025 feet, to a point 4,339 feet east of the intersection of Smallwood
Road and 36th Street N.E., in Lamar County, for the purposes of increasing access
to citizens located on Wildwood Road who were recently annexed to the City 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 all services to be provided hereunder
shall be paid for out of current revenues of each respective 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 (I)
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 17th day of September, 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.
, 200 I, by the County
M. C. Superville, Jr., County Judge
Jackie Wheeler, County Commissioner
Precinct No.4
ATTEST:
County Clerk
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