HomeMy WebLinkAboutR88-181138
PLAINVIEW/HALE COUNTY INDUSTRIAL FOUNDATION
RESOLUTION NO. R88-181
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE A CONTRACT FOR SERVICES WITH THE
PLAINVIEW/HALE COUNTY INDUSTRIAL FOUNDATION.
WHEREAS, the City of Plainview desires to contract with the
Plainview/Hale County Industrial Foundation, hereafter referred to as
as Foundation, for economic development services; and
City; and
the Foundation wishes to provide said services to the
WHEREAS, a copy of said contract is hereby attached to this
Resolution and made a permanent part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS that the Mayor is hereby authorized to execute
said contract on behalf of the City of Plainview for the Foundation
to provide the City with economic development services.
PASSED AND APPROVED this the 13th day of September, 1988.
ATTEST:
Carla Reese, City Secretary
APPROVED AS TO CONTENT:
A~p p~v~ 'D/AA ~ f ~O/~F ~RC i..~ Manage r
D~~ackburn, City Attorney
139
STATE OF TEXAS
COUNTY OF HALE
AGREEMENT FOR INDUSTRIAL GROWTH AND
DEVELOP~V. NT 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 ~e 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 Plaihview and the PIF, agrees as follows,
WITNESSETH:
Agreement is made this the 30th day of September, 1988,
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, 1988, 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
140
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
President 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.
Articl~ 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
141
WITNESS OUR HANDS this 30th day_ - ._ ,_ -, 488. _
CITY OF pLAINVIEW. NVIEW/HALE ION
E.V. Ridlehuber J~ha~rman of_tn? Board
Mayor, City of Plainview Plafnv~w Ind rial FoUndation
ATTEST:
Carla Reese, City Secretary
A~ROVED AS TO CONTENT:
David A. Blackburn, City Attorney
3 of 3
STATE OF TEXAS
COUNTY OF HALE
AGRE~ 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, 1988,
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, 1988, 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 the
President 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, 1988.
CITY OF PLAINVIEW
E.V. Ridlehuber
Mayor, City of Plainview
PLAINVIEW/HALE COUNTY INDUSTRIAL FOUNDATION
J.B. Wheeler, Chairman of the Board
Plainview Industrial Foundation
ATTEST:
Carla Reese, City Secretary
APPROVED AS TO CONTENT:
David A. Blackburn, City Attorney
3 of 3