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HomeMy WebLinkAboutPR 20518: INTERLOCAL AGREEMENT, FOR THE REPAIRING OF ROADS WITHIN THE CORPORATE LIMITS OF PORT ARTHUR T . P.R. No. 20518 10/04/18 gt RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND JEFFERSON COUNTY, TEXAS, FOR ASSISTING WITH THE REPAIRING OF ROADS WITHIN THE CORPORATE LIMITS OF PORT ARTHUR WHEREAS, the Jefferson County Commissioner's Court will placed on their agenda for approval the execution of an Interlocal agreement between Jefferson County, Texas, and the City of Port Arthur, Texas, for assisting with repairing of roads within the corporate limits of Port Arthur, pursuant to Section 791.014 of the Texas Government Code, in substantially the same form as attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council hereby authorizes the execution of an Interlocal Agreement between Jefferson County, Texas and the City of Port Arthur, Texas, for assisting with the repairing of roads within the corporate limits of Port Arthur, pursuant to Section 791.014 of the Texas Government Code, in substantially the same form as attached hereto as Exhibit "A". Section 3. That this resolution is contingent upon the Commissioners'Court approval. Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. s.pr20518 READ, ADOPTED AND APPROVED on this day of October A.D., 2018, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor: Councilmembers: NOES: Derrick Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: A-(4 Val:170M , ity Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager s.pr20518 EXHIBIT "A" s.pr20518 STATE OF TEXAS § § INTERLOCAL AGREEMENT COUNTY OF JEFFERSON § WHEREAS, Jefferson County, Texas, by and through its Commissioners' Court as authorized by Chapter 791 of the Government Code and the City of Port Arthur along with the Jefferson County, Texas, for the mutual benefit of the citizens they serve, desire to enter into a contract to provide certain services to each other; and, WHEREAS, Jefferson County, Texas through the Commissioner Precinct 3 has, from time to time, capacity to provide labor and equipment suitable for the paving of roads; and, WHEREAS, the City of Port Arthur, has the need for repairing of roads within the corporate limits of the City of Port Arthur; and, WHEREAS, the City of Port Arthur, does not have an adequate supply of the labor or equipment suited for such a task and would specifically ask for assistance; and, NOW, THEREFORE, KNOW ALL MEN BY THE PRESENTS: City of Port Arthur and Jefferson County hereby agree as follows: 1. Jefferson County shall assist the City with labor and equipment suitable for the repairing of roads within the corporate limits of Port Arthur when and as determined at the discretion of the Commissioner for Jefferson County Precinct Three, subject to the requirements of Section 791.014 of the Government Code. 2. Consideration for the repairing of roads herein contemplated shall be determined and mutually agreed from time to time depending on the scope of the maintenance work needed. 3. This agreement shall be effective on the date of its execution and may be terminated at the will of either party. 4. This agreement shall be construed according to the laws of the State of Texas. 5. Nothing in this agreement shall be construed to create the existence of an agency relationship between the parties. 6. Any employee of a party performing services pursuant to this agreement shall not be deemed to be the agent of the party receiving services under this agreement. 7. The parties further agree, pursuant to Sec. 791.015, Texas Government Code, that any dispute regarding the terms of this agreement will be submitted to an agreed upon mediator for resolution. The parties further agree, pursuant to Sec. 791.015, Texas Government Code, that any dispute regarding the terms of this agreement will be submitted to an agreed upon mediator for resolution. Executed on the day of , 2018. Jeff R. Branick Derrick Freeman, Mayor Jefferson County Judge Mayor, City of Port Arthur