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HomeMy WebLinkAboutPR 24035: INTERLOCAL AGREEMENT CLEARING OF VEGETATION (REQUESTED BY COUNCILMER LINLAW) P.R.NO.24035 11/21/2024 PDL PAGE 1 OF 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND JEFFERSON COUNTY PRECINCT 3 FOR ONE-TIME ASSISTANCE IN THE CLEARING OF VEGETATION WITHIN THE 7500- 7700 BLOCKS OF THE OLD TWIN CITY HIGHWAY RIGHT-OF-WAY LOCATED IN PORT ARTHUR, TEXAS, AT NO COST TO THE CITY OF PORT ARTHUR (REQUESTED BY COUNCILMEMBER KINLAW) WHEREAS, the City of Port Arthur does not have the physical or mechanical means to suitably maintain the vegetation within the 7500-7700 Blocks of the Old Twin City Highway right-of-way located in Port Arthur, Texas; and, WHEREAS, Jefferson County Precinct 3 has agreed to assist the City of Port Arthur for one-time assistance in the clearing overgrown vegetation within the 7500-7700 Blocks of the Old Twin City Highway right-of-way located in Port Arthur, Texas, provided at no cost to the city; and, WHEREAS, the City of Port Arthur will be responsible for maintaining the right-of- way thereafter; and, WHEREAS, the purpose of this agreement is for Jefferson County Precinct 3 to provide labor and equipment for the clearing of vegetation along the Old Twin City Highway right-of-way; and, WHEREAS, Jefferson County Precinct 3 can provide skilled labor and equipment to perform site clearance along the right-of-way; and, WHEREAS, it is hereby deemed appropriate for the City of Port Arthur to enter into this agreement with Jefferson County Precinct 3 for one-time assistance in clearing vegetation within the 7500-7700 Blocks of the Old Twin City Highway right-of-way located in Port Arthur, Texas, at no cost to the City of Port Arthur. P.R.NO.24035 11/21/2024 PDL PAGE 2 OF 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT, the facts and opinions in the preamble are true and correct. THAT, the City of Port Arthur City Council hereby authorizes the City Manager to enter into an Interlocal Agreement between the City of Port Arthur and Jefferson County Precinct 3 to provide labor and equipment for one-time assistance in the clearing of vegetation within the 7500-7700 Blocks of the Old Twin City Highway right-of-way located in Port Arthur, Texas, at no cost to the City of Port Arthur, attached hereto as Exhibit "A". THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this day of December, A.D. 2024, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Council members: Noes: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary P.R.NO.24035 11/21/2024 PDL PAGE 3 OF 4 APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: Ronald "Ron" urton, CPM;"City Manager0-0 Q) P.R.NO.24035 11/21/2024 PDL PAGE 4 OF 4 Exhibit STATE OF TEXAS § INTERLOCAL AGREEMENT COUNTY OF JEFFERSON § OLD TWIN CITY HIGHWAY WHEREAS, the City of Port Arthur, Texas, by and through its City Council as authorized by Chapter 791 of the Government Code and Jefferson County Precinct 3, for the mutual benefit of the citizens they serve, desire to enter into an agreement to provide certain services to each other; and, WHEREAS, Jefferson County Precinct 3, through its maintenance personnel, from time to time, has the capacity to provide labor and equipment suitable for the clearing of vegetation within the 7500-7700 Blocks of Old Twin City Highway right-of-way located in Port Arthur, Texas; and, WHEREAS,the City of Port Arthur has the capacity to provide labor and equipment suitable for the clearing of vegetation within the 7500-7700 Blocks of Old Twin City Highway right-of-way located in Port Arthur,Texas, thereafter; and, Now,therefore,know all men by these presents: City of Port Arthur and Jefferson County Precinct 3 hereby agree as follows: 1. Jefferson County Precinct 3 shall furnish labor and equipment for one-time assistance in clearing overgrown vegetation within 7500-7700 Blocks of Old Twin City Highway right-of-way located in Port Arthur,Texas, at no cost to the City of Port Arthur. 2. The City of Port Arthur will be responsible for maintaining the right-of-way thereafter. 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 governed by the laws of the State of Texas. 5. Nothing in this agreement may be construed to create an agency relationship between the parties. This agreement does not create an agency, joint venture, or partnership between the parties. 6. The agents or employees of a party shall not be deemed to be the agents or employees of the other party. 7. The parties further agree, pursuant to Chapter 791, Texas Government Code, that any dispute regarding the terms and execution of the work under this agreement will be submitted to mediation and, if that fails, at the option of a party, submitted for final determination using the dispute resolution procedures set forth in Chapter 154, Texas Civil Practice and Remedies Code as agreed upon by the parties or as determined and ordered by the Jefferson County Judge if the parties are unable to agree on the procedure,it being the intention of the parties to first make a good faith decision attempt to resolve any disputes between them in the manner most likely to avoid potentially expensive and time-consuming litigation. Executed on the day of December, 2024. Jefferson County Precinct 3 City of Port Arthur, Texas Pct. 3 Commissioner, Jefferson County, Texas City Manager of Port Arthur