HomeMy WebLinkAboutR86-979RESOLUTION NO. R86-979
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A LITTER ENFORCEMENT
CONTRACT WITH THE STATE OF TEXAS.
WHEREAS, the State of Texas has implemented a Litter Enforcement
Program; and
WHEREAS, the terms of the Litter Enforcement Program are
outlined in a copy of a proposed contract which is attached and is
hereby made a permanent part of this resolution; and
WHEREAS, it is in the best interest of the citizens of Plainview
that the City participate in this program.
NOW THEREFORE BE IT RESOLVED by the Mayor and the City Council
of Plainview, Texas that the City Manager is hereby authorized to
execute a Litter Enforcement Program contract with the State of
Texas, a copy of which is attached to this resolution.
PASSED AND APPROVED this the 25th day of February, 1986.
E.V. RIDLEHUBER, Mayor
ATTEST:
SH~.RYIf OWEN, Interim City Clerk
THE STATE OF TEXAS
COUNTY OF HALE
LITTER ENFORCEMENT PROGRAM
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
Plainview, hereinafter called the City, acting by and through its
duly authorized representative, the 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 an active participant in the litter campaign; and
Whereas, the State has determined that local emphasis on litter
enforcement 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 will terminate on
unless otherwise terminated as hereinafter provided.
2) The State will identify those locations on State Highway
right-of-ways within the City limits that have consistently high
litter volumes, and the City will include these locations in its
enforcement activities. 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 right-of-ways. The
basis for compensation is $20.00 for a litter citation, provided
however, that said total amount payable to the City under this
contract shall not exceed $5,000.00.
4) To request compensation, the City will submit the original and
two copies of the State's form No.132 billing statement to the
following address:
MR. WILLIAM M. (MEL) POPE
DISTRICT ENGINEER
P.O. BOX 771
LUBBOCK, TEXAS 79408
TSS: MR. W.C. POWELL
The City must summarize its activities to show the number of
citations issued from the billing period, the location of the
violation, and the date issued. A copy of each citation must be
attached to the billing statement. A billing period may not be more
frequent than monthly nor less frequent than quarterly. The State
will make payments to the City within thirty (30) days after receipt
of a properly prepared and executed billing statement.
5) This agreement may be terminated before the stated completion
date by either party, giving notice one to the other, stating reason
for such termination and the effective date of said 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 written supplemental
agreements signed by the parties hereto prior to the modification of
such becoming effective.
7) The City shall hold harmless the State from all claims and
liabilities due to the activities of its agents or employees,
preformed under this contract or which result from an error,
omission, or negligent act of the City or any person employed by the
City. The City shall also save harmless the State from any and all
expenses, including attorney fees, which might be incurred by the
State from litigation or otherwise resisting said claim or
liabilities which might be imposed on the State as a result of such
activities by the City, its agents or employees.
IN WITNESS WHEREOF, THE State and the City have executed the
presence in duplicate counterparts.
The City
The State of Texas
Signature
Approved:
J~4~ Je f~r~,/~ t~anager
DATE:
Certified as being executed for
the purpose and effect of
activating and/or caring out
the orders, establish policies,
or work programs heretofore and
authorized by the State Highway
and Public Transportation.
BY:
Deputy Director
Authorized by Resolution No./~-~-97~DATE: