HomeMy WebLinkAboutRES 89-083 R E S 0 L U T 1 0 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 a
contract with the State Department of Highways and Public
Transportation for litter enforcement, a copy of which is attached
hereto as Exhibit "A".
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the llth day of April 1989.
Mayor
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by
and through the State Department of Highways and Public
Transportation, hereinafter called the State, and the City of
Beaumont , hereinafter called the City, acting by and
through its duly authorized City Manager
WHEREAS, the State' s Commission Minute Order Number 82606 authorizes
the State to launch an extensive, ongoing campaign designed to educate
the people of Texas concerning the detrimental effects of littering
and to exhort every citizen not only not to litter, but also to become
active participants in the litter reduction campaign; and,
WHEREAS, the State has determined that local emphasis on litter enforce-
ment and related activities will favorably impact the-State' s litter
reduction campaign;
NOW, THEREFORE, premises considered, the State and the City do
mutually agree as follows:
1. This agreement becomes effective when finally executed by both
parties and shall terminate on 1 year from that date_ unless otherwise
terminated as hereinafter provided.
2. The State will identify those locations on State highway rights of
way within the city limits that have consistently high litter volumes,
and the City will include these locations in its enforcement activi-
ties. The City will further utilize free media space and time to the
extent available to publicize its enforcement activities.
3. The State will compensate the City only for those citations issued
for litter violations on State Highway rights of way. The basis for
compensation is $20.00 ..per litter citation, provided, however, that
said total amount payable to the City under this contract shall not
exceed $ 50,000.00
4. To request compensation, the City will submit the original and two
copies of the State' s Form 132 Billing Statement to the following
address: P.O. Box 3468
(District Office Address)
Beaumont, Texas 77704
The City must summarize its activities to show the number of citations
issued during the billing period, the location of the violation, and
the date issued. A copy of each citation must be attached to the
Billing Statement. The billing period may not be more frequent than
monthly nor less frequent than quarterly. The State will make payment
to the City within thirty days after receipt of properly prepared and
executed Billing Statements.
5. This agreement may be terminated before the stated completion date
by either party giving notice one to the other stating the reason for
termination and the effective date of termination. Should this
agreement be so terminated, the State will pay the City for citations
described above not previously paid by the State.
6. This agreement may be modified only by a written supplemental
agreement signed by the parties hereto prior to the modification
becoming effective.
7. The City shall hold harmless the State from all claims and liabil-
ity due to activities of its agents or employees, performed under this
contract or which result from an error, omission, or negligent act of
the City or of any person employed by the City. The City shall also
sAVL- harmless the State from any and all expenses, including attorney
fees which might be incurred by the State in litigation or otherwise
resisting said claim or liabilities which might be imposed on the
State as the result of such activities by the City, its agents or
employees.
IN II TNESS WHEREOF, THE State and the City have executed these pre-
sents in duplicate counterparts,
She, Ci ty The State of Texas
Certified as being executed for
the purpose and effect of acti-
By: vating and/or carrying out the
Signatu a orders, established policies,
or work programs heretofore
City Manager stay A. Riley approved and authorized by the
State Highway and Public
Typed Name & Title Transportation Commission.
Date:— *- By: ;
Deputy Director
Authorized By Ordinance Date:
or Resolution Number
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