09-Haygood Clock Resolution; Agreement and photograph
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
1105111 Engineering, Planning & Shawn Napier, P.E. Director of
Council Date: Development Engineering, Planning & 9.
1/10/11 Development
RECOMMENDED MOTION:
Deliberate and possibly act on a resolution approving a Donation and Maintenance Agreement with
Louise Hagood for a Verdin Company clock to be installed at the Southeast corner of the downtown
plaza.
POLICY ISSUE(S):
Fiscal; Agreement
BACKGROUND:
At the October 25, 2010 City Council meeting the City Council accepted a clock form the Mrs. Louise
Hagood family. The clock is to be installed at the Southeast corner of the downtown plaza. The
attached picture shows a rendering of the proposed clock and location. The clock is proposed to be
placed in the sidewalk immediately behind (northwest side) the planter bed. The family will also be
placing a small dedication monument at the base of the clock. The Historic Preservation Commission
approved the project at its meeting on October 25, 2010.
The clock and installation is estimated to cost approximately $25,000.00 and will be paid for by the
Hagood family. The only reoccurring cost will be electricity for the clock and a yearly maintenance
agreement with the clock company after the initial two year warranty period.
A dedication ceremony has been tentatively scheduled for 2:00 P.M. January 30th at the Southeast corner
of the plaza.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution; agreement and photograph
ACTION: BUDGET INFO:
❑ Financial Report ❑ Minute Order Expense $0
❑ Department Report ® Resolution Budgeted Amt. $0
❑ Presentation ❑ Ordinance YTD Actual $0
❑ Public Hearing ❑ Other Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
® Administration ® City Clerk ® Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court ® Legal ❑ Library ❑ Police ® Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
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DRAFT
S:\RESW0RK\CURRENT\C1ock Donation & Maintenance Agreement RES 2011.docx
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS;
APPROVING A DONATION AND MAINTENANCE AGREEMENT WITH
LOUISE HAGOOD FOR THE INSTALLATION OF A VERDIN CLOCK AT THE
SOUTHEAST CORNER OF THE DOWNTOWN PLAZA; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 25, 2010 the City Council of the City of Paris unanimously
approved the acceptance of a sixteen-foot (16') tall Howard Replica/Front Royal Street
Clock manufactured by the Verdin Company from Mrs. Louise Hagood in memory of her
late husband, Colonel Thomas Monroe Hagood, Jr. for placement on the Downtown Plaza;
and,
WHEREAS, in return for such generosity, the City has agreed to care for and
maintain the clock during its useful life, therefore necessitating a Donation and
Maintenance Agreement with Mrs. Hagood, in the form of the Agreement attached hereto
as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. The findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. The donation of a sixteen-foot (16') tall Howard Replica/Front Royal
Street Clock, be, and is hereby, in all things accepted.
Section 3. The City Manager be, and he is hereby authorized and directed to
execute, on behalf of the City of Paris, any and all documents necessary for the donation
and maintenance of said clock, in a form substantially similar to the Agreement attached
hereto as Exhibit A.
Section 4. This resolution shall be effective immediately upon passage.
DULY PASSED AND APPROVED this 10th day of January, 2011.
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
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APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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DONATION AND MAINTENANCE AGREEMENT
This Agreement is entered into this day of January, 2011, by and between Mrs.
Louise Hagood, 556 Fitzhugh Avenue, Paris, Texas, 75460 (hereinafter "DONOR"), and the City
of Paris, Texas, a home-rule Municipal Corporation, 135 ls` Street SE, Paris, Texas 75460,
(hereinafter "CITY").
WHEREAS, Mrs. Louise Hagood wishes to donate a sixteen-foot (16') tall Madison
Street Clock manufactured by The Verdin Company (hereinafter the "Clock") to the City of Paris,
in memory of her late husband, Colonel Thomas Monroe Hagood, Jr., for placement on City
Property at the southeast corner of the Downtown Plaza; and,
WHEREAS, pursuant to Resolution No. , the City Council of the City of Paris,
Texas, has agreed to accept the gift of this Clock from Mrs. Hagood for placement on the
Downtown Plaza and the CITY has agreed to care for and maintain the Clock during its useful life.
NOW THEREFORE, in consideration of the gift of the Clock to CITY and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, DONOR
and CITY hereby agree as follows:
1. DONOR will donate, deliver and install a sixteen-foot (16') tall Madison Street
Clock manufactured by The Verdin Company to the City of Paris, Texas for installation on the
southeast corner of the Downtown Plaza or at such other location as the Parties to this Agreement
may decide to locate the Clock.
2. DONOR shall purchase the Clock at her own expense and pay for delivery and
installation of the Clock at the agreed location on the Downtown Plaza, Paris, Texas.
3. DONOR shall obtain a two-year warranty on the Clock from the Manufacturer
(including a full warranty on all parts and labor). All warranty papers on the Clock obtained by
DONOR shall be transferred and assigned to the CITY upon execution of this Agreement.
1
EXHIBIT A
4. DONOR shall pay for all costs related to the installation of said Clock on the
Downtown Plaza, including, but not limited to all plans, permits, design fees, concrete, electrical,
mechanical or other work necessary to install the Clock and make it operable.
5. After the Clock is installed and made operational, CITY agrees to pay for any
recurring electrical service cost to keep the Clock running. CITY also agrees to maintain and
service the Clock, as needed, following expiration of the warranty period.
6. This Agreement shall remain in full force and effect beginning with the date set out
above and ending upon the expiration of the useful life of the Clock (such time that the Clock can
no longer be repaired or maintained at a reasonable cost to CITY) or until such time as this
Agreement is terminated by CITY upon ninety (90) days prior written notice to DONOR.
7. This Agreement shall be binding upon the Parties hereto, their heirs, executors and
assigns.
EXECUTED this day of January, 2011.
DONOR
By:
Mrs. Louise Hagood
CITY OF PARIS, TEXAS
By:
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
2
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APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Louise Hagood,
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same for the purposes and consideration therein
expressed.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Will Biard,
Mayor of the City of Paris, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
Notary Public, State of Texas
3
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