2011-002 RES APPROVING DONATION AND MAINTENANCE AGREEMENT WITH LOUISE HAGOOD FOR THE INSTALLATION OF A VERDIN CLOCK AT THE PLAZARESOLUTIOIV NO. 2011-002
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 DOWNTOWIV PLAZA; MAKING OTHER
FINDINGS A1VD 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 fifteen-foot (15') tall Madison Street Clock manufactured by
the Verdin Company from Mrs. Louise Hagood in honor 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 COUIVCIL 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 fifteen-foot (15') tall Madison 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 13th da uary, 2011.
Biard, Mayor
ATTEST:
, 0 ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlya , i Attorney
DONATION AND MAINTENANCE AGREEMENT
This Agreement is entered into this day of January, 2011, by and between Mrs.
Louise W. Hagood, 556 Fitzhugh Avenue, Paris, Texas, 75460 (hereinafter "DONOR"), and the
City of Paris, Texas, a home-rule Municipal Corporation, 135 lst Street SE, Paris, Texas 75460,
(hereinafter "CITY")
WHEREAS, Mrs. Louise W. Hagood wishes to donate a fifteen-foot (15') tall Madison
Street Clock manufactured by The Verdin Company (hereinafter the "Clock") to the City of Paris,
in honor 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 fifteen-foot (15') 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 three-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.
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EXH1B1T 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 W. Hagood
CITY OF PARIS, TEXAS
By:
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
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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 W.
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
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