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Res 125-94 8/2/19944 ..1 1:. ' RESOLUTION NO. I ldl5-(/11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING AN AGREEMENT WITH ARCHER COUNTY FOR ROAD AND STREET MAINTENANCE AT LAKE KICKAPOO; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. That the Mayor be and is hereby authorized to execute a road and street maintenance agreement at Lake Kickapoo with Archer County, in accordance with the terms and conditions of the agreement, a copy of which is attached hereto and made a part hereof for all purposes. SECTION 2 . It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 2nd day of August, 1994. M A Y O R ATTEST: City Clerk AGREEMENT FOR ROAD AND STREET MAINTENANCE AT LAKE KICKAPOO This agreement, made and entered into this 41.- day of 19 9y , by and between Archer County, Texa , acting herein by and through Paul O. Wylie, Jr. , County Judge of Archer County, who has been duly authorized to execute this agreement for Archer County by order of the Commissioners' Court of Archer County, recorded in Volume Page of the Commissioners' Court of Archer County, Texas hereinafter referred to as "County") , and the City of Wichita Falls, a municipal corporation (hereinafter referred to as City") , acting herein by and through its duly authorized agent, Michael Lam, Mayor of the City of Wichita Falls, providing for the maintenance and repairs of roads and streets on the premises of Lake Kickapoo (hereinafter referred to as "premises") , and further providing as follows: 1. In this agreement: a. "County" means Archer County, Texas. b. "City" means Wichita Falls, Texas. c. "Premises" means the roads and streets on the area surrounding Lake Kickapoo, as set out in Exhibit "A. " d. "Maintenance" means the current condition of the roads and streets at Lake Kickapoo when this document is executed. 2. Exhibit "A" attached hereto, describing the roads and streets to be maintained and repaired by the County, is hereby 2 2 expressly incorporated into this contract and made a part thereof. 3 . The agreement shall be effective for a period of two 2) years from and after the effective date hereof, and shall automatically be renewed upon the same terms unless terminated by either party. Termination by either party shall be accomplished by giving the other party thirty (30) days advance notice in writing specifying their intention to terminate. This agreement may be modified at any time by the mutual agreement of both parties. 4. County shall provide routine maintenance and repairs of the roads and streets on the premises of the City at Lake Kickapoo. Such maintenance shall be performed at an actual cost of Thirty ($30.00) Dollars per hour. As utilized herein, the term "maintenance" shall mean the level of road and street maintenance currently being rendered to the roads and streets of Lake Kickapoo. No more than Four Thousand ($4,000.00) Dollars per fiscal year shall be expended by the City to maintain or repair the roads and streets on the premises. However, nothing herein shall be deemed to prevent County from performing a higher level of maintenance and/or repair. In performing the maintenance and/or repairs of the roads and streets of the premises, the County agrees to exercise reasonable care and diligence in performing such services. 5. County shall invoice the City on a monthly basis for all costs of maintenance of all road and street work done on the i Q 3 premises. Such invoice shall be mailed to the City by the 10th of the month and shall be due and payable to the County by the 30th of each month during the term of this agreement. Such invoice shall be directed to the office of City Clerk, 1300 Seventh Street, Wichita Falls, Texas 76301. 6. The County Commissioner of Precinct No. 4 of Archer County, Duward Stone, shall oversee and supervise the maintenance and repairs of the roads and streets on the premises of the City at the request of the City. 7. The City shall be solely responsible for determining where, when and how to undertake the necessary repairs and maintenance to the streets and roads on the premises of the City. 8. The work to be done hereunder shall be done at the convenience of County Commissioner of Precinct No. 4 of Archer County, Texas. 9. Each party to this agreement agrees that it shall have no liability whatsoever for the torts or other acts of the road maintenance crews employed by the other entity, regardless of whether such tort or act occurred. 10. Each party to this agreement expressly waives all claims against each other for compensation for any loss, damage, personal injury or death occurring as a consequence of performance of this agreement. 11. Nothing contained in this agreement shall transfer to the County the legal liability or responsibility for the safety and welfare of the streets and roads on the premises of the City. 4 The purpose of this agreement is solely to provide for the repairs and maintenance of the roads and streets of the City at Lake Kickapoo, and is not intended to transfer liability for maintenance and repairs to the County. 12. If any provision, section, subsection, paragraph, sentence, clause or phrase of this agreement or the application of same to any person, entity or set of circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this agreement or the application to other persons, entities or sets of circumstances and to this and all provisions of this agreement are declared to be severable. EXECUTED this 214-$. day of J- 19911 . Archer County, Texas By: Paul 0. Wylie Jr) County Judg Archer County, Texas C f Wichita s i r AO By•64C d Michael Lam, ayor City of Wichita Falls r 5 STATE OF TEXAS S COUNTY OF WICHITA S BEFORE ME, the undersigned authority, on this day personally appeared Paul O. Wylie, Jr. , County Judge for Archer County, Texas, known to me to be the person and officer whose name is subscribed to the foregoing document, and acknowledged to me that he executed the same for the said purposes and consideration therein expressed, and in the capacity therein stated. 1VEN UNDER MY HAND AND SEAL OF OFFICE this the a5 day of 4%,, 199Y I../l-/Illllll_/111Illlff ll P6. 4 LA NELL BEESINGER Nolary Pudic,State of Teat My Comm Expi res 6-1-96 C:271 21 QQ.[1» Notary Pu lc, State 65f Texas STATE OF TEXAS S COUNTY OF WICHITA S BEFORE ME, the undersigned authority, on this day personally appeared Michael Lam, Mayor of the City of Wichita Falls, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing document, and acknowledged to me that he executed the same for the said City of Wichita Falls, a municipal corporation, for the purposes and consideration therein expressed, and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 19 Notary Public, State of Texas OVER - SIZED ATTACHMENT NOT SCANNED . IT IS FILED WITH THE ORIGINAL RESOLUTION IN THE CITY CLERK' S VAULT .