2001-042-RES APPROVING/AUTHORIZING INTERLOCAL CONTRACT PURSUANT TO CHAPTER 791 BETWEEN COP AND COUNTY OF LAMAR
RESOLUTION NO. 2001-042
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 ROAD LEADING TO THE
CITY'S PUMP STATION AND INTAKE STRUCTURE AT PAT MAYSE
LAKE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City ofParis, Paris, Texas (hereinafter the "City"), by right-of-way easement
dated May 3, 1971, received access to and use of a roadway (hereinafter the "road") across property
owned by the Texas National Guard, as described in said right-of-way document and map attached
hereto as Exhibit A, to enable the City to access the raw water intake structure and pump station at
Pat Mayse Lake; and,
WHEREAS, the grant of said easement and the accompanying roadway was conditioned on
the shared use of a portion of said road for not only access to the City's property but access by the
general public to camp properties owned by various church organizations, the Boy Scouts of
America, and other fraternal and public service organizations; and,
WHEREAS, the initial portion of said road is formally designated as a County-maintained
road by Lamar County (hereinafter the "County"), beginning at the intersection of said road with
Highway 271 and continuing to the boundary line of the Texas National Guard property; and,
WHEREAS, recent heavy rains and storms have seriously eroded and damaged the aforesaid
roadway surface, necessitating the repairs and maintenance to preserve the necessary access provided
by said roadway; and,
WHEREAS, maintenance of the aforesaid roadway is hereby declared by the County of
Lamar and the City of Paris as necessary for the general public due to the need to maintain the City's
public water supply and the need to preserve access by the public to the properties owned by the
various public service organizations; 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 for the repair of
the aforesaid road; 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 B and for all purposes incorporated herein,
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 9th day of April, 2001.
~~(f~
Michael J. Pfieste, ay
ATTEST:
~ ~. t+~~
Thomas E. Haynes, Assistant City Clerk
..-.=--'
RrG}!T-OF-WAY El\SE/ol~!T
;nlE STM'E OF TElv\S X
X
COmlTl' OF LMII\R X
I(NOI~ ALL MEN BY TilESE PFJ:SEN'l'S I
That the TEKJ\S Nl\TrONAL GUARD AIDlORY BOARD, a body
'politic nnd corporate o~ t.hc Stnte of Te>:as, Llcting herein b:::{
nnc1 through itG duly uuthori:::cd Director, in consideration of
the 5'.rn. of One DollQr (~l. 00) and other good and valu<lblc
consideration in hand paid by the CITY OF PARIS, Lamar County,
Te;cas, the receipt of Which is hereby acknO\'11cdgec1,. docs by these
present~ grunt, bargain, sell and convey unto the CITY OF PAP_IS,
La..'I\iJ.r County, Texas, the usc, liberty and privilesre of the pa!isElga
in, along, under, upon and across the =ollowing land solely for
the purposos hereinafter specified, s~id tract of land being
described as followo, to-wit:
nEING u ctrip of luna forty (40) feet in wid~h located
in LamClr County, Te::':c13 Dnd being over, and across part
of the tract of land conveyed to the Texns Notional
GUure Armory Boarcl by a deed now of record in Vol. 325,
Page -'1.20 of the Deed Records of Lamar County, TeJ:ilG:
naid fo~ty (40) foot eazc~ent being forty feet leJ:t of
aad zero (0) feet right of the follO\"ling' described line;
BEGItnrING at a point in the center of ~ existing uCCGCZ
rond describau az Trnct Ho. 3 (Access Road) conveyed to
the City of Pnris by the Texan UQtiqni3.l Guara }'.rrnory
Board by R.O..l'l.. Eascr:\ent nO\'1 oi record in Volume SOr.,
Page 203 of Lmnnr County, Tem!s, snid point being 2199
feet fro~ the beginning point of Bnid T=act No.3, the
East boundar~[ line of Te;~az lIationnl Gua.rd Property:
TI:lE~rc.c, N 90 - 111 - 5311 \'t a diztancc of 18GG. 7 feet,
~ore or lesn, to a point:
THEHCE, I:! 550 - III - 53" \'1 t1 distance of 1168.3 feet.,
more or less, to a point;
Tf!r:.!:-!Cr:, f; 870 - 53' - 4711 \'1 c:. dist~lce 0:: 8G5..:.1 ~ect,
.~crc 0= lczs, ~o ~ poin~;
T!~iC:C.. S (,7" - 2::\1 - ....~...II l; c;: OiC';;i::i1,::E of 600.0 2c'~:'L:.,
..1:.ro 0:: lcc:;, to ~.:. !,)Oi:::l';;;-
~ml~Cr., 1; 2S~.' - :L~'I - 5::~': I:: r.:. c:.ic';:.cn=c 0"':' ~;4(;a5 :":cc';"; \:0 to
point in .the ccmtc:: of c~:.:..~t.:i.tlg ClCCCGG rout:......c:.v 02 ';'!;"cct
no. 2 convevc(~ 'to ~hc Citv' of: I'c:.ris b'.~ t~lC TC;':~tl lIi1tio;.l~l
G~.!..rc. ]:.~mor~.' Soa!:{. :0,' Ii..aO:K. cD.ocmcn't- no,.,' or: ;.c.,;crt= i!!
',taIm;..>:::, SOC, - r'acr{-: :;')2- o.f:' r..~mr Count~., Tc~~as, r.~d..:-:' i:JOi:l~':'
";:-~i:l'; ::!(a63 :.:el!:'t. '::::-0;71 t~"tc cne of. sai(~. 'l'~:a=t NCJ.. ~ MO'le.
T;li::: C(.:;O;.I~".i,~'. ::l"~C ::~~.;lt (J::': llSe. ic ::a.:!c1.y :Cel: t.:,c p'.J:":'!?C::C':~;
0;':' tl':'::Ccst; to p:'or>c=t~, 0\;ri0c; :'1' 'n:.=io1.l:': church o~:S'n:::.i:.::~-:.io:n::; OHti.
'::""H: Do~' 3-==OL~b; 0:: l\:,lCr.i.:::c::. 0:: !.r..i~c: p~t H;<t.i;'cc ,me:! t~1 t.ne J~i:':"-: l~:'.,,;,c:
:~~.;;.;.;;~ r::~:-:uc~u:.:(:.' ;"'0:: \::h..: ~it~- c:: 1.....:,;. ,;.t;..
tlF.CEIVFn M,W r 1 .1~P.~
_PJ=f"r::II/rn ~rR 'I l1qRh ,,"""
EXHIBIT
Ai
The Grantee indenmifies and agrees to hold Grantor harm-
less from uny liability or clnim of damage whatsoever; occurring
by reason of the use of said easement for the purposes aforesaid.
NITNESS
MY HI\lID under
~
,j day of
the Deal of said Board
A-..,.~~......L 1971.
at Austin,
Texas, this the
TEXAS NATIONAL GUARD ARMORY BOARD
~"
----
THE STATE OF TEXAS I
COUNTY OF TRAVIS I
BEFORE l.lE, the u.l,.c1ersigned authority, on this day personally
appeared HARRY B~ I<ELTON, Director of the Texas National Guard
Armory Doard, a body politic and corporate of the State of Te}:as,
~!own to me to be the person whose name is ~uhscribed to the
foregoing instrument and acknowledged to me that he executed the
s~e for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UlIDER ~ff t~~ AND SEAL OF OFFICE this
~71-
.....?.,...... day of
\. ;"'., ~
//1/1.1.('/' /
, 1971.
. of, 7 j/. /.- ,.J
.J:X-71,.l?h,~':;"~:' >~
Notary Public tn and for Travis County, Texas
;~
..
WI
...... Camp Bu' -',ry ,~vate or City Maintenance
Camp Maxey
-------- County Road
- County/City Joint Maintenance
31"'"
31<1100;
:~
31"""
314SOO:
374400t
''''''''
37420lX
37410((
31"""'"
31""'"
STATE OF TEXAS
COUNTY OF LAMAR
}
}
}
KNOW ALL MEN BY THESE PRESENTS:
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF PARIS, PARIS, TEXAS, AND
THE COUNTY OF LAMAR
WHEREAS, the City of Paris, Paris, Texas (hereinafter the "City"), by right-of-way
easement dated May 3, 1971, received access to and use of a roadway (hereinafter the "road") across
property owned by the Texas National Guard, as described in said right-of-way document and map
attached hereto as Exhibit A, to enable the City to access the raw water intake structure and pump
station at Pat Mayse Lake; and,
WHEREAS, the grant of said easement and the accompanying roadway was conditioned on
the shared use of a portion of said road for not only access to the City's property but access by the
general public to camp properties owned by various church organizations, the Boy Scouts of
America, and other fraternal and public service organizations; and,
WHEREAS, the initial portion of said road is formally designated as a County-maintained
road by Lamar County (hereinafter the "County"), beginning at the intersection of said road with
Highway 271 and continuing to the boundary line of the Texas National Guard property; and,
WHEREAS, recent heavy rains and storms have seriously eroded and damaged the aforesaid
roadway surface, necessitating repairs and maintenance to preserve the necessary access provided
by said roadway; and,
WHEREAS, maintenance of the aforesaid roadway is hereby declared by the County of
Lamar and the City of Paris as necessary for the general public due to the need to maintain the City's
public water supply and the need to preserve access by the public to the properties owned by the
various public service organizations; 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 for the repair of
the aforesaid road; 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 and the County hereby agree to participate in the repair of the aforesaid
roadway surface, along that portion generally accessed by the City and the general
public, as shown in that map attached hereto as Exhibit B and incorporated herein for
all purposes.
EXHIBIT B 1
(iii) The City agrees to provide all necessary material required to repair said road, and the
County agrees to provide all equipment and labor required for the repair of said road;
provided, however, the exact quantities and types of material and the necessary
equipment and labor, and any limitations thereto, shall be agreed to between the
Public Works Director of the City and the Commissioner for Precinct 3 of the County
prior to any repair work hereunder. The scope of the work shall continue to be
subject to specific approval of both the City's Public Works Director and the County
Commissioner during the process of the work; otherwise, the work shall cease and
the obligations of both parties hereunder shall end without recourse of either party
to the other.
(iv) The services to be provided hereunder are services each party hereto is authorized to
perform individually.
(v) 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.
(vi) The City and the County stipulate the consideration received by each party hereunder
fairly compensates each party for the services or functions performed hereunder.
(vii) 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.
(viii) This contract shall be effective following the formal approval of same by the
governing bodies of each party hereto.
APPROVED AND EXECUTED this 9th day of April, 200 I, 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 _ dayof
of Lamar.
,2001, by the County
M. C. Superville, Jr., County Judge
ATTEST:
County Clerk