12-K Old Brookston Road MaintDRAFT
ALICE~ESWORK\CURRENT~Maint - Old Brookston Road Res
October 1, 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 PORTION OF A ROAD KNOWN
AS OLD BROOKSTON ROAD BETWEEN THE INTERSECTION OF SAID
ROAD WITH FM 137, NORTH AND EAST TO THE INTERSECTION OF
SAID ROAD WITH SOUTHWEST LOOP 286 TO PROVIDE IMPROVED
ACCESS TO CITIZENS AND PROPERTY ANNEXED TO THE CITY OF
PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris has previously annexed residences and property located off of
Old Brookston Road between FM 137 and Southwest Loop 286 in Lamar County; and,
WHEREAS, the primary access to the properties annexed to the City of Paris offFM 137
is down that road designated as Old Brookston Road; and,
WHEREAS, because the aforesaid portion of said Old Brookston Road is generally in a state
of disrepair, and because residents and business owners annexed to the City of Paris must access their
homes and property primarily through the use of said Old Brookston Road, said residents and
property owners have requested the City to undertake improvements to said access road; and,
WHEREAS, repairs to that portion of Old Brookston Road referenced herein are not
imminent by Lamar County; and,
WHEREAS, the City Council finds and determines it is in the best interests of the citizens
of the city of Paris to undertake certain improvements to that portion of Old Brookston Road
necessary to serve the aforesaid citizens, the same being that portion of Old Brookston Road
beginning at the intersection of said road with FM 137 and continuing north and east along said Old
Brookston Road to the intersection with Southwest Loop 286, and the City has requested the
County's agreement to allow the City to undertake such improvements; 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 whereby the City
will undertake repairs to the aforesaid portion of Old Brookston Road with the approval and
agreement of Lamar County; 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,
for repairs to that portion of Old Brookston Road beginning at the intersection of said road with FM
137 and continuing north and east along said Old Brookston Road to the intersection with Southwest
Loop 286, with the full approval and agreement of Lamar County, 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 4th day of October, 2001.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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 FOR
REPAIR OF A PORTION OF A COUNTY ROAD
KNOWN AS OLD BROOKSTON ROAD
WHEREAS, the City of Paris has previously annexed residences and property in the vicinity
of a portion of Old Brookston Road in Lamar County; and,
WHEREAS, because the aforesaid portion of said Old Brookston Road is generally in a state
of disrepair, and because residents and business owners annexed to the City of Paris must access their
homes and property primarily through the use of said portion of Old Brookston Road, said residents
have requested the City to undertake improvements to said access road; and,
WHEREAS, repairs to that portion of Old Brookston Road referenced herein are not
imminent by Lamar County; and,
WHEREAS, the City Council finds and determines it is in the best interests of the citizens
of the city of Paris, to undertake certain improvements to that portion of Old Brookston Road
necessary to serve the aforesaid citizens, the same being that portion of Old Brookston Road
beginning at the intersection of said road with FM 137 and continuing north and east along said Old
Brookston Road to the intersection with Southwest Loop 286, and the City has requested the
County's agreement to allow the City to undertake such improvements; 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 whereby the City
will undertake repairs to the aforesaid portion of Old Brookston Road with the approval and
agreement of Lamar County; 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 hereby agrees to undertake necessary repairs and reconstruction, at the
City's sole cost and expense, and without cost to the County, of that portion of Old
Brookston Road, beginning at the intersection of said road with FM 137 and
continuing north and east along said Old Brookston Road to the intersection with
Southwest Loop 286, for the purposes of increasing access to citizens, businesses,
and property located in the vicinity of said Old Brookston Road annexed to the City
EXHIBIT A
Texas.
of Paris. The services to be provided hereunder are services each party hereto is
authorized to perform individually.
(iii)
The County and the City hereby stipulate that to the extent, if any, either party to this
contract must expend funds under this contract for services, the cost of such services
shall be paid for out of current revenues of said party.
(iv)
The City and the County stipulate the consideration received by each party hereunder
fairly compensates each party for the services or functions performed hereunder.
(v)
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; provided, however, such contract shall be automatically renewed on
the anniversary date hereof for four (4) additional one (1) year terms, unless
terminated by either party by giving written notice to the other party thirty (30) days
in advance of the effective date of said termination.
(vi)
This contract shall be effective following the formal approval of same by the
governing bodies of each party hereto.
APPROVED AND EXECUTED this 4th day of October, 2001, by the City of Paris, Paris,
ATTEST:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
APPROVED AND EXECUTED this
of Lamar.
__ day of
,2001, bythe County
M. C. Superville, Jr., County Judge
Michael R. Blackburn, Commissioner,
Precinct 1
ATTEST:
Kathy Marlowe, County Clerk
Carl L. Steffey, Commissioner,
Precinct 2
Rodney C. Pollard, Commissioner,
Precinct 3
Jackie Wheeler, Commissioner,
Precinct 4
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