HomeMy WebLinkAboutRES 83-148 R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute
an agreement with Jefferson County for the cooperative repair,
maintenance, and replacement of City streets in the form attached
hereto as Exhibit "A" ,
PASSED BY THE CIrTY COUNCIL of the City of Beaumont this
the ,/ day of C ,c" 19 `
Mayor -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON
AGREEMENT
This agreement made this day of ,
1983 , by and between the County of Jefferson, hereinafter called
"County" , and the City of Beaumont, a municipal corporation in
Beaumont, Jefferson County, Texas, hereinafter called "City" .
WHEREAS, the City has streets and roads that are
frequently in need of repair, maintenance and replacement; and,
WHEREAS, the County has equipment and manpower to assist
in that repair, maintenance and replacement; and,
WHEREAS, the City has equipment to transport heavy road
machinery used in the repair, maintenance and replacement of City
streets and roads; and,
WHEREAS, Article 4413( 32c) of Vernon' s Annotated Civil
Statutes, authorizes the contracting between local governmental
entities to perform governmental functions or services to improve
the efficiency and effectiveness of local government.
WHEREAS, the County and the City have cooperated in the
maintenance of City roads and streets, as in the case of Phelps
Road, and the parties hereby desire to formalize an existing
practice.
NOW, THEREFORE, for and in consideration of the mutual
covenants, promises and agreements contained herein, the County
and the City do hereby covenant and agree as follows:
1 . The County and City hereby agree to furnish
necessary management, engineering , surveying, labor, equipment,
transport of equipment, and materials for the repair and
replacement of City roads and streets in a cooperative and
mutually acceptable combination. The specific responsibilities of
each party foF each project shall be approved in writing by the
appropriate County Commissioner and the Director of Urban
Transportation.
G _/�d r� EXHIBIT "A"
O� /
2 . The exchange of these services shall be provided
when it is feasible and convenient for either party in that
party' s sole discretion to render such services.
3 . This agreement is terminable by either party by
giving written notice to the other specifying the date of
termination. Such notice shall be given not less than thirty ( 30)
days prior to the termination date therein specified.
4 . Neither the City , its agents, employees, nor any
other person operating under this contract shall be deemed to be
an agent or an employee of the County , and the County shall not be
liable for the negligence or tortious conduct of any of such
persons.
5 . Neither the County , its agents, employees, nor any
other person operating under this contract shall be deemed to be
an agent or an employee of the City , and the City shall not be
liable for the negligence or tortious conduct of any of such
persons.
6 . It is understood and agreed that each party will
maintain sufficient insurance of its own equipment.
IN WITNESS WHEREOF , the parties hereto have executed
this agreement the day and year first above written.
JEFFERSON COUNTY, TEXAS
BY:
R. P. LeBlanc, r.
County Judge VX
CITY OF BEAUMONT
BY:
Hugh H. Earnest
Acting City Manager
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