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06-J-Pump Station RoadDRAFT LISA~RESOLUTIONS\CURRENT\WTP Road Maint Contract Res March 23, 2001 RESOLUTION NO. 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 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 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 of local 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 A 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 26th day of March, 2001. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney STATE OF TEXAS} }KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR} 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 of local 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 NOW, THEREFORE, the aforesaid road; 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. (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 (1) 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 26th day of March, 2001, 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 _____ day of _______________, 2001, by the County of Lamar. ____________________________________ M. C. Superville, Jr., County Judge ATTEST: _____________________________ County Clerk