2008-031-RES-Authorizing and approving an interlocal cooperation agreement by and between the city of Paris and the PISD to share costs on o lightning detection systemRESOLUTION N0. 2008-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING AND APPROVING AN INTERLOCAL COOPERATION
AGREEMENT BY AND BETWEEN THE CITY OF PARIS, TEXAS AND THE
PARIS INDEPENDENT SCHOOL DISTRICT TO SHARE COSTS ON A
LIGHTNING DETECTION SYSTEM TO BE LOCATED AT OR ABOUT THE
PROPOSED NEW PARIS HIGH SCHOOL CAMPUS AND THE CITY'S LOVE
CIVIC CENTER AND DRAGON PARK COMPLEX; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Chapter 791 of the Texas Government Code authorizes local
governmental entities, such as the City of Paris and Paris Independent School District, to
participate in interlocal cooperation contracts; and,
WHEREAS, Section 791.001 of Chapter 791 of the of the Texas Government Code
establishes as a matter of state policy cooperation by local governments to increase the
efficiency and effectiveness of local governments, thereby permitting governments to share
services, equipment, resources, and generally participate in arrangements mutually
beneficial not only to the governmental entities themselves, but to the citizens and
constituents they serve; and,
WHEREAS, the City of Paris and Paris Independent School District have had a long
history of working together cooperatively to the mutual benefit of each entity; and,
WHEREAS, City of Paris and Paris Independent School District desire to enter into
an Interlocal Cooperation Agreement to share costs for lightning detection units to be
located on or about the proposed new Paris High School Campus and the City's Civic Center
and Dragon Park Complex on the terms and conditions described substantially in
accordance with the form attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1, That the findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. That the City Council of the City of Paris does hereby approve an
Interlocal Cooperation Agreement with the Paris Independent School District to share costs
for lightning detection units to be located on or about the proposed new Paris High School
Campus and the Love Civic Center and the City's Dragon Park Complex under the terms and
conditions as set out in said agreement a copy of which is attached hereto and for all
purposes incorporated herein as Exhibit A,
Section 3. That the City Manager be, and he is hereby authorized to execute any
and all documents needed to implement this Agreement under the terms and conditions as
shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 14th day April, 2008.
ATTEST:
.
J ice Ellis, City Clerk
APPROVED AS TO FORM:
esse Jam s Freelen, Mayor
W. Kent McIlyar, City Attorney
INTERLOCAL COOPERATION AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
This Interlocal Cooperation Agreement ("Agreement) is entered into by and
between the City of Paris, Texas ("CITY") and the Paris Independent School District
( PISD effective as of the _ day of 2008.
WITNESSETH:
WHEREAS, Chapter 791 of the Texas Government Code authorizes local
governmental entities, such as the City s for the urpose o performsng govDernmental
enter into interlocal cooperation cont act P
functions and services; and,
WHEREAS, Section 791.001 of Chapter 791 of the Texas Government Code
encourages, as a matter of state policy, cooperation between local governments to increase
the efficiency and effectiveness of local governments, by authorizing therrt to contract with one another to share services, equipmet t the eS ntt ies themselves but to
arrangements mutually beneficial, not only gOVernmental e
the citizens and constituents they serve; and,
WHEREAS, preserving and protecting the health and safety of the students, teachers
inistrators of the City of
and administrators of PISD and the citizens, em and the CITY.
Paris, Texas is a governmental function of both P SD
WHEREAS, the City of Paris and Paris Independent School District desire to enter
g
into an Interlocal Cooperation Agreement ("Agr~o' Paris H gh S hool1Campus,
detection sys te m t o b e l o c a t e d o n o r a b o u t t h e p posed new
the Love Civic Center and Dragon Park Complex.
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained herein, the parties agree as follows:
2008 and shall have an initial
1. This Agreement shall be effective
term of 12 months, ending one year from the effective date herein; thereafter this
Agreement shall automatically renew for successive 12 month terms until such time
that this Agreement is terminated on 30 days written notice by either party. Any
costs, fees or expenses incurred up through the date of termination of the
Agreement shall be the shared responsibility of the parties as set out herein.
-1-
EXHIBIT ,.Q
2, The CITY agrees to contract with a mutually agreeable Vendor of lightning detection
system units to provide as many lightning detection units as are required by CITY
and PISD to cover the area around the proposed site for the new PISD High School
and the City's Love Civic Center and Dragon Park Complex.
3. The CITY and PISD agree that Paris Fire Station No. Four, 2010 SE 24th Street, Paris,
Texas, shall serve as the equipment center for locating all necessary electrical,
digital, mechanical or wireless equipment that Vendor deems necessary to connect
and/or operate the lightning detection system.
4. The CITY and PISD agree to share all costs, fees and expenses connected with the
lightning detection system equally fifty percent (50%) each. The CITY shall serve
as the primary contact for Vendor and all bills or invoices from Vendor shall be
directed to the Ciry of Paris, P. 0. Box 9037, Paris, Texas 75461-9037. Upon
receipt and approval of a vendor inT tolthe C TYf on alloinvoices
invoice received from vendor. PISD shall make Payment
received within thirty (30) days of receipt of invoice from the CITY.
5. The CITY and PISD agree to be responsible for their own acts of negligence or
wrongdoing related to the performance of this Agreement, if any, and to the extent
allowed by law, and without waiving their sovereign or governmental immunity or
other rights or protections under the a 1 c from suchbnegl gencebor
for any claims, damages, lawsuits or fees that mY arie
wrongful acts and relating to or arising from this Agreement. This obligation must
be construed for the benefit of the parties hereto, and not for the benefit of any third
parties, nor to create liability for the benefit of any third parties, nor to deprive the
parties hereto of any defenses each may have as against third parties under the laws
and court decisions of the State of Texas or any other jurisdiction.
6. Any notice required by this Agreement shall be in writing and may be geyvered in
person or by certified mail, return receipt requested, addressed accordin 1
CITY . PISD
City Clerk Paul Trull
City of Paris Superintendent
P. 0. Box 9037 Paris Independent School District
Paris, TX 75461-9037 1920 Clarksville St.
Paris, TX 75460
EXECUTED on the dates shown in the acknowledgments below.
CITY OF PARIS, TEXAS
By:
Kevin Carruth, City Manager
-2-
ATTEST:
Janice Ellis, Ciry Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
PARIS INDEPENDENT SCHOOL DISTRICT
By:
Paul Trull, Superintendent
ATTEST:
Secretary
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authoriry, on this day personally appeared Kevin
Carruth, City Manager of the City of Paris, Texas, known to me to be the person whose
same is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of April, 2008.
Notary Public, State of Texas
-3-
STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned autho cihool Dist ict~known to me to be the person
Trull, Superintendent of Paris Independent S
whose name is subscribed to the foregn d cons derationdthere n acknowledged
ed a din t e
he/she executed the same for the purpo es a
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of April, 2008.
Notary Public, State of Texas
-4-