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HomeMy WebLinkAboutR87-295RESOLUTION NO. ~87-295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS DEFINING THE TERMS AND CONDITIONS FOR THE ALLOCATION OF $25,000.00 TO THE PLAINVIEW INDUSTRIAL FOUNDATION. WHEREAS, the Plainview City Council has apPropriated $25,000.00 so that the City may contrac~ with the Plainview Industrial Foundation (PIF) for Economic Development Services; and WHEREAS, a Contract outlining the conditions of said services is attached and hereby made a permanent part of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Plainview, Texas that the Mayor is hereby authorized to execute the attached Contract between the City and PIF calling for the appropriation of $25,000.00 to PIF and in return for PIF to perform certain services for the City. I, James p. Jeffers, City Manager for the City of Plainview, hereby certify that the above Resolution was adopted by the Plainview City Council on October 27, 1987. RESOLUTION NO. R87-295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS DEFINING THE TERMS AND CONDITIONS FOR THE ALLOCATION OF $25,000.00 TO THE PLAINVIEWINDUSTRIAL FOUNDATION. WHEREAS, the Plainview Industrial Foundation is an important part of the economic development efforts of the City of Plainview; and WHEREAS, the Plainview Industrial Foundation can perform certain valuable services for the City of Plainview in the area of economic development; and WHEREAS, the City of Plainview desires to contract with the Industrial Foundation for economic development efforts; and W~RREAS, the City Council has allocated $25 000 00 for these efforts. , . NOW, THEREFORE, BE IT RESOLVED by the City Council that City Staff is hereby instructed to prepare a contract authorizing the payment of $25,000.00 to the Plainview Industrial Foundation, in performance for certain services, with the monies to be released in a lump sum once the Industrial Foundation has re~ained a full-time professional executive director. I, James p. Jeffers, City Manager for the City of Plainview, hereby certify that the above Resolution was adopted by the Plainview City Council on October 13, 1987. J~ P. ~FF~/C/anager STATE OF TEXAS COUNTY OF HALE AGREEMENT FOR INDUSTRIAL GROWT~ AND DEVELOPMENT SERVICES WHEREAS, the present and prospective right to gainful employment and the general welfare of the citizens of Plainview require as a public purpose the promotion and development of new and expanded industrial and manufacturing enterprises; and WHEREAS, the existence, development, and expansion of industry are essential to the economic growth of the City of itsPlainvieWcitizens;and andt° the full employment, welfare, and prosperity of WHEREAS, the Plainview Industrial Foundation has itself inserted substantial funds in successful industrial development projects and has experienced difficulty in undertaking such additional projects by reason of the partial inadequacy of their own funds; and WHEREAS, such funding is necessary for the Plainview Industrial Foundation to continue to be successful in the promotion and development of new and expanded industrial and unfurling enterprises and equipment; and WHEREAS, the City Council has determined that the sum of $25,000.00 is available from the General and Utility Funds and that said sum shall be used toward the salary requirements of a Plainview Industrial Foundation Director; and WHEREAS, the City Council finds that such an Agreement would be in the best interests of the City and its citizens, NOW, THEREFORE AND IN CONSIDERATION of the promises and the mutual promises, covenants, and agreements hereinafter and above set forth, the City of Plainview and the Plainview Industrial Foundation agrees as follows, WITNESSETH: Agreement is made this the day of , 1987, between the City of Plainview, a Texas municipal corporation and acting under the Mayor by a duly authorized Resolution of the City Council, hereinafter referred to as "City',, and the Plainview Industrial Foundation, a Texas corporation duly organized under the laws of the State of Texas and duly acting under its President, hereinafter referred to as "PIF". 1 of 3 Article I. Term. Section 1.01 The respective duties and obligations of the parties hereto shall be for a period of one (1) year, commencing on October 1, 1987, and may be terminated by either party giving thirty (30) days written notice to the other by registered or certified mail and in any event automatically terminates one (1) year from the da~e this agreement is executed. Article II. Services & Agreement Section 2.01 PIF shall make its officers and resources available to City, upon reasonable request, concerning matters of economic growth and development. Section 2.02 City shall, as consideration for these services to be rendered, pay to PIF the sum of twenty five thousand ($25,000) dollars, which shall be used toward the salary requirements of the Director of PIF. This sum shall be paid in one lump sum payment upon the hiring of the Director. Article III. Limitations Section 3.01 City may, at any time under the terms of this Agreement, request an audit of PIF. Said audit, or audits, shall be at the expense of PIF and shall be executed promptly after receiving written request of such by City. In no event should the results of said audit be delivered to City later than 60 days after such request. Failure to deliver said audit report to City within 60 days of written request by City shall be considered a material breach of the obligations and duties of PIF under this Agreement and City may immediately terminate this Agreement. Said auditor shall be subject to City approval. Section 3.02 PIF shall indemnify and hold harmless City and its agents and employees from all suits, actions, or claims of any character, type or description brought or made for on account of any injuries or damages received or sustained by any person or persons property arising out of or occasioned by the acts of PIF or its agents or employees in the execution or performance of this Agreement. It is expressly agreed that PIF shall indemnify and hold harmless City from all suits, action or claims which may be brought against City regarding the validity of this Agreement. 2 of 3 Article IV. Attorney,s Fees Section 4.01 Should any legal action be brought by either party of this Agreement, it is expressly agreed that the party in whose favor final judgment shall be entered shall be entitled to recover from the other party reasonable attorneys fees. Article V. Assignment Section 5.01 This Agreement shall not be assigned by either party without the express written consent of the other party. Section 6.01 City and PIF. the terms of agreement signed by both parties hereto and by-reference part hereof. Article VI. Entirety Clause This Agreement contains the entire Agreement between There are no other agreements· oral or written· and this Agreement may be amended only by written made a WITNESS OUR HANDS this CITY OF PLAINVIEW E.V. Ridlehuber Mayor, City of Plainview day of · 1987. PLAINVIEW INDUSTRIAL FOUNDATION J.B. Wheeler, President Plainview Industrial Foundation 3 of 3