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1996-047-RES JOINT RESOLUTION NO, J96-002 RESOLUTION NO. 96-047 JOINT RESOLUTION NO, J96-002 WHEREAS, in the event that the citizens of Paris may need septic system inspections, it is appropriate that the City of Paris contract with the County of Lamar for such services; and. WHEREAS, the form of the agreement, attached hereto as Exhibit A, is the form furnished by the Texas Natural Resource Conservation Commission (TNRCC) to be used to contract for such services, and the same should, in all things, be approved, and the Mayor of the City of Paris, Eric S. Clifford, and the County Judge of Lamar County, M. Charles Superville, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS AND THE COUNTY COMMISSIONERS OF THE COUNTY OF LAMAR, that the form of the Agreement for the Provision of Sanitation Services, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford. and the County Judge of Lamar County, M. Charles Superville. be, and they are hereby, authorized and directed to execute, on behalf of the City of Paris and the County of Lamar, the Agreement for the Provision of Sanitation Services, upon the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOYfED fui, 1"'" <by o~?? _ Eric . Clifford, Mayor ----- ATTEST: Mattie Cunningham. City Cler APPROVED by the Commissioners Court of Lamar County, Texas, by adoption of the ,hove lkw,",ioo 00 ", ~ <by of ~ '2 fI7 ~( V>?~ APPROVED AS TO FORM: ~~ Tom Wells, County Attorney AGREEMENT FOR THE PROVISION OF SANITATION SERVICES STATE OF TEXAS ) ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR This Agreement is made this 10th of June, 1996, by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called CITY, and the COUNTY OF LAMAR, by and through its County Judge, M. Charles Superville, duly authorized, hereinafter called COUNTY. WHEREAS, the City of Paris, Paris, Texas, is a home-rule city located in Lamar County, Texas, and CITY desires to provide sanitation services by contracting with COUNTY for the provision of such services; and WHEREAS, COUNTY and CITY agree that COUNTY will provide certain sanitation services for CITY by and through the Lamar County Sanitarian; NOW, THEREFORE, In consideration of the mutual covenants and agreements herein contained, CITY and COUNTY agree as follows: I. OBLIGATIONS OF THE CONTRACTORS 1.1 COUNTY, by and through the Lamar County Sanitarian, shall inspect the sanitation systems within the City of Paris, including, but not limited to, performing percolation tests and evaluating septic systems. COUNTY, by and through the Lamar County Sanitarian, shall further comply with all present or future laws pertaining to the inspection and approval of sanitary sewer systems within the State of Texas, including minimum state standards. 1.2 COUNTY, by and through the Lamar County Sanitarian, shall further enforce reasonable rules and regulations in the conduct of its business, provided that such regulations, 1 EXHIBIT A including rights and charges, all be subject to the approval of CITY, as provided by the laws of the State of Texas. 1.3 COUNTY will provide all necessary equipment and personnel for said sanitation services under the terms of this Agreement. II. OBLIGATIONS OF CITY 2.1 CITY will be responsible for collecting a sum of $75.00 for each permit issued for septic systems within the City of Paris. 2.2 CITY will pay COUNTY for sanitation services that are provided for CITY in accordance with the terms of this Agreement. 2.3 Payment will be made by CITY to COUNTY once a month no later than the 10th day of the month following the month for which fees have been collected by CITY. 2.4 CITY specifically agrees that it will pay COUNTY $75.00 each for all septic system permits issued by CITY and inspected by the Sanitarian. III. EXCLUSIVE RIGHTS 3.1 During the term of this Agreement, COUNTY, by and through the Lamar County Sanitarian, shall have sole exclusive rights to maintain and supervise the sanitation services of CITY. 3.2 In the event that the Lamar County Sanitarian is no longer employed by COUNTY, or otherwise resigns or is terminated, or is incapable of performing his duties, CITY shall have the right to terminate this agreement in the same manner as provided in Article VI hereof. 2 IV. DURATION OF THE AGREEMENT The term of this Agreement is one (1) year, beginning July 1, 1996, and ending June 30, 1997. This Agreement will automatically renew annually after the expiration date set forth in this Section unless terminated in accordance with Section VI hereof. V. THE SANITARIAN'S STATUS It is agreed by and between CITY and COUNTY that COUNTY shall, as outlined in Subsection 1.3, furnish all necessary equipment, supplies, materials, and personnel to carry out COUNTY's obligations under the terms of this Agreement and in accordance with any and all applicable federal, state, and local laws. COUNTY will be responsible for maintaining any and all necessary insurance to cover damage to property and any personal injuries which might result from the performance of the Lamar County Sanitarian or the Sanitarian's employees under the terms of this Agreement. VI. RENEWAL OR TERMINATION It is expressly agreed and understood by and between CITY and COUNTY that this Agreement will remain in effect unless and until either party gives written notice of intent to the other to terminate this Agreement. Such notice shall be given at least thirty (30) days prior to the annual termination or renewal date. This Agreement may be unilaterally terminated by either party on the annual renewal date if written notice is timely given. This Agreement may also be terminated for cause in the event that either party materially breaches the terms of this Agreement. 3 VII. COMPLIANCE WITH LAWS AND REGULATIONS Both parties to this Agreement clearly understand and agree that it is the intent of all parties for the sanitation system of CITY to operate fully and completely in compliance with all federal, state, and local laws and regulations concerning waste disposal. Both parties to this Agreement will use their best efforts to ensure continued compliance with all laws and regulations. For and in reliance on the promises, covenants and agreements contained in this document, we, the parties to this agreement, executed this document on the dates shown in the acknowledgements below. CITY OF PARIS, PARIS, TEXAS By: Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney COUNTY OF LAMAR By: M. Charles Superville ATTEST: Kathy Poole, County Clerk 4 APPROVED AS TO FORM: Tom Wells, County Attorney 5