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HomeMy WebLinkAboutR90-165lO8 PLAINVIEW/HALR COUNTY INDUSTRIAL FOUNDATION - CONTRACT RESOLUTION NO. R90-165 A RESOLUTION OF THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR INDUSTRIAL GROWTH AND DEVELOPMENT' SERVICES WITH THE PLAINVIEW/HALE COUNTY INDUSTRIAL FOUNDATION. WHEREAS, the City of Plainview desires Agreement calling for the Plainview/Hale Foundation to provide certain services to development to the City of Plainview; and to enter into an County Industrial enhance economic WHEREAS, the City will compensate the Industrial Foundation in the amount of $25,000 for said services; and WHEREAS, a copy of said Agreement is herein attached to this Resolution and made a permanent part thereof. NOW, THEREFORE, BE IT RESOLVED, by the City of Plainview, Texas, that the Mayor is hereby authorized to execute an Agreement for Industrial Growth and Development Services with the Plainvi.ew/Hale County Industrial Foundation. Passed and Approved this 14th day of August, 1990. E. V. Ridlehuber, Mayor ATTEST: Carla Reese, City Secretary APPROVED AS TO CONTENT: ~~e s~~ ~~ er ~ Jeffer ,.~~nag APPROVED AS TO FORM: David-~I~ckburn, City Attorney 129 STATE OF TEXAS COUNTY OF HALE AGREEMENT FOR INDUSTRIAL GROWTH AND DEVELOPmenT SERF/CES 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 Plainview and to the full employment, welfare, and prosperity of its citizens; and WHEREAS, the Plainview/Hale County Industrial Foundation (PIF) 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 PIF to continue to be successful in the promotion and development of new and expanded industry 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 President for PIF; 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 PIF, agrees as follows, WITNESSETtt: Agreement is made this the 24th day of August , 1990, 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/Hale County 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". Article I. Term. Section 1.01 The respective duties and obligations of the parties hereto shall be for a period of one (1) year, conm]encing on October 1, 1990, 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 date this agreement is executed. 1 of 3 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 PIF. This sum shall be paid in one lump sum payment. 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. Article IV. Attorney's Fccs 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. Article VI. Entirety Clause Section 6.01 This Agreement contains the entire Agreement between City and PIF. There are no other agreements, oral or written, and the terms of this Agreement may be amended only by written agreement signed by both parties hereto and by reference made a part hereof. 2 of 3 WITNESS OUR HANDS this CITY OF PLAINVIEW E.V. Ridlehuber Mayor, City of Plainview 24th day of August ., 1990. PLAINVIEW/HALE COUNTY INDUSTRIAL FOUNDATION ~Jame~/Thomas, Chairman of the Board ~nview/Hals County Industrial Foundation ATTEST: Carla Reese, City Secretary APPROVED AS TO CONTENT: · -. B ckburn, City Attorney 3 of 3 STATE OF TEXAS COUNTY OF HALE AGREEMENT FOR INDUSTRIAL GROWTH 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 Plainview and to the full employment, welfare, and prosperity of its citizens; and WHEREAS, the Plainview/Hale County Industrial Foundation (PIF) 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 PIF 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 President for PIF; 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 PIF, agrees as follows, WITNESSETH- Agreement is made this the 30th day of September, 1989, 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/Hale County 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". 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, 1989, 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 date this agreement is executed. 1 of 3 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 PIF. This sum shall be paid in one lump sum payment. 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. 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. Article VI. Entirety Clause Section 6.01 This Agreement contains the entire Agreement between City and PIF. There are no other agreements, oral or written, and the terms of this Agreement may be amended only by written agreement signed by both parties hereto and by reference made a part hereof. 2 of 3 < WITNESS OUR HANDS' this 30th day of September, 1989. CITY OF PLAINVIEW E.V. Ridlehuber Mayor, City of Plainview PLAINVIEW/HALE COUNTY INDUSTRIAL FOUNDATION Norman Wright, Chairma~/o~ the Board Plainview Industrial Foundation ATTEST: Carla Reese, City Secretary APPROVED AS TO CONTENT: David A. Blackburn, City Attorney .... 3 of 3