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HomeMy WebLinkAboutPR 18417: INTERLOCAL AGREEMENT, JEFFERSON COUNTY FOR IMPORVEMENTS TO MARTIN J. "POPEYE" HOLMES PARK P. R. No. 18417 07/14/14 gt RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND JEFFERSON COUNTY FOR IMPROVEMENTS TO MARTIN J. "POPEYE" HOLMES PARK; FUNDED BY THE MAY 2012 BALLOT PROPOSITION WHEREAS, the citizens of the Port Arthur approved a ballot proposition in May of 2012, which allows the City of Port Arthur Section 4A Economic Development Corporation (PAEDC) to fund qualifying park improvement projects; and WHEREAS, the City and County desire to assist one another for the benefit of their citizens in securing funding through the PAEDC under the Ballot Proposition for the acquisition, installation and maintenance of a filtering system in the fish pond in the Park; and WHEREAS, this improvement will provide a valid service that each entity is authorized to perform individually; and WHEREAS, the City will consider the improvements proposed to the Park as a capital project under the Parks, Recreation and Open Space Master Plan to the extent specified and funded by this agreement and if approved for funding by PAEDC, so that the improvements to the Park qualifies for funding under the Ballot Proposition; and WHEREAS, it is in the best interest of the citizens of the City of Port Arthur to enter into an Interlocal Agreement with s.pr18417 Jefferson County for the improvements to Martin J. "Popeye" Holmes Park, as authorized by Chapter 791 of the Texas Government Code, as delineated in Exhibit "A" attached hereto. 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 Manager is herein authorized to execute an Interlocal Agreement for the improvements to Martin J. "Popeye" Holmes Park ("Park") , as authorized by Chapter 791 of the Texas Government Code, as delineated in Exhibit "A" attached hereto. Section 3 . That payment of this service will be made from current revenue of the paying party, based upon an application made by the Commissioner for Precinct 3 of Jefferson County, Texas, and approved by the PAEDC. Section 4 . That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of July, A. D. , 2014, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES : Mayor: Councilmembers : s.pr18417 NOES: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: VITY a/ej, A TTO Y APPROVED AS TO ADMINISTRATION: CITY MANAGER s.pr18417 EXHIBIT "A" s.pr18417 STATE OF TEXAS )( )( INTERLOCAL AGREEMENT COUNTY OF JEFFERSON )( WHEREAS, Jefferson County, Texas, by and through its Commissioners' Court and the City of Port Arthur, a municipal corporation and body politic of the State of Texas, by and through its City Council for the mutual benefit of the citizens they serve, desire to enter into a contract as authorized by Chapter 791, Texas Government Code, to provide certain services to each other, and; WHEREAS, Jefferson County, Texas through Commissioner Precinct Three (the "County") desires to continue to improve Martin J. "Popeye" Holmes Park (the "Park") located near the Jefferson County Sub-Courthouse in the City of Port Arthur(the "City"), and; WHEREAS, the City desires to continue to improve parks located within its corporate city limits for the benefit of its citizens including the Park, and; WHEREAS, the City of Port Arthur passed a ballot proposition in May of 2012 (the "Ballot Proposition") which allows the City of Port Arthur Section 4A Economic Development Corporation("PAEDC") to fund qualifying park improvement projects, and; WHEREAS, the County and the City desire to assist one another for the benefit of their citizens in securing funding through PAEDC under the Ballot Proposition for the acquisition, installation and maintenance of a filtering system in the fish pond in the Park, and; WHEREAS, the City will consider the improvements proposed herein to the Park as a capital project in the City's Park Master Facilities Plan to the extent specified and funded by this Agreement and if approved for funding by PAEDC, so that the improvements to the Park qualifies for funding under the Ballot Proposition. NOW, THEREFORE, BE IT RESOLVED through the actions of the Commissioners Court of Jefferson County, Texas and the City Council of the City of Port Arthur, Texas, as authorized by Chapter 791, Texas Government Code: City of Port Arthur and Jefferson County hereby agree as follows: 1. The Recitals to this Agreement are incorporated herein as is fully set forth below. 2. Commissioner Precinct 3 of Jefferson County, Texas is authorized to file with the City of Port Arthur Section 4A Economic Development Corporation ("PAEDC"), an Application for Funding Park Improvements, pursuant to the May 2012 Ballot Proposition(the "Ballot Proposition"). 3. The Application by the County to PAEDC shall be for improvements to Martin J. "Popeye" Holmes Park (the "Park") located near the Jefferson County Sub- Courthouse in the City for the acquisition, installation and maintenance of a filtering system in the fish pond in the Park. #1081401 4. The City will consider the improvements to the Park as if designated as a capital project in the City's park master facilities planned to the extent specified and proposed for funding by this Agreement, and if approved for funding by PAEDC. 5. City and County find and determine that the Park while located on property of the County is immediately adjacent to properties of the City and citizens utilize the Park in the same manner as if a park in the City park system. 6. The County agrees to undertake the maintenance of the improvements specified herein. 7. This Agreement shall be effective upon the date of its final execution by all of the parties hereto and made be terminated upon the providing of a 30 day prior written notice by either party hereto. 8. This Agreement shall be construed in accordance with the Constitution laws of the State of Texas. 9. Neither this Agreement, nor any obligation, covenant, condition or agreement contained herein shall be construed to create the existence of any agency relationship between the parties. 10. Any employee of either the County or City performing any services, pursuant to this Agreement, shall not deem to be the other party, but shall only be the agent of the party for whom they are employed. Executed on the day of , 2014. Jeff R. Branick John A. Comeaux, P.E., Jefferson County Judge Interim City Manager City of Port Arthur #1081401