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HomeMy WebLinkAbout1999-O-32 - Rezone WM Motley Survey Abstract No 515ORDINANCE NO. 1999 - 32 AN ORDINANCE REZONING THE LAND DESCRIBED FROM THE ZONING CLASSIFICATION OF I "INDUSTRIAL DISTRICT" TO B-2 "SECONDARY AND HIGHWAY BUSINESS DISTRICT". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS: All that certain 0.604 acres of land out of the Wm. Motley Survey, Abstract No.515, in Erath County, Texas, being part of that certain 9.86 acre tract of land described in deed from IX Drilling Company to Willard E. Patterson and Leslie C. Patterson, dated October 5, 1983 and recorded in Volume 521, Page 764 of the Deed Records of Erath County, Texas, and described as follows: BEGINNING at an iron rod set in the most southerly north line of the Willard E. Patterson 9.86 acre tract, for the NE comer of this tract, from which the NE of said 9.86 acre tract, being the NE corner of Block 1 of the Wm. Motley Survey bears N 59' 48' E, 4.0 ', N 30' 12' W, 102.0' and N 59' 48' E, 26.0' ; THENCE S 29° 48 ' E, 159.65' to a railroad spike for the SE corner of this tract; THENCE S 59° 48' W, 136.97 ' to an iron road set in a chain link fence for the southerly SW comer of this tract; THENCE N 290 06' 53" W along said chain link fence, 70.05' to an iron pipe fence comer post for an inner corner of this tract; THENCE S 580 52' 48 " W along a chain link fence, 50.49' to an iron rod set for the westerly SW corner of this tract; THENCE N 310 09' 14" W, at 87.04' pass an iron rod set in a chain link fence, continuing in all 90.44' to an iron rod set in the most southerly north line of said 9.86 acre tract, for the NW comer of this tract; THENCE N 59° 48' E, 187.63' to the place of beginning and containing 0.604 acres of land. And it is hereby rezoned and the zoning classification changed from the classification of I - "Industrial Business District" to B-2 "Secondary and Highway Business District", in accordance with the Zoning Ordinance of the City of Stephenville. 453 Ord.BC.99-00(10-25)-2 1 r r PASSED AND APPROVED this the seco Iz7F6j-7:� John ttl Mayor ATTEST: l_ QAd— - 4Z,4t l/ Cindy Staffor , City Secreo& Reviewed by Donald B. Davis City Administrator Randy Thomas, ity Attorney Approved as to form and legality 454 Ord.BC.99-00(10-25)-2 2 IF for Water Department: City of Stephenville 298 W Washington Stephenville, Texas 76401 IF for ECEC: Erath County Electric Cooperative PO Box 290 Stephenville, Texas 76401 Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above. 11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. 12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties. 13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any'reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. Initials Water Department: ECEC: 4,97 15. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Texas. Party receiving services: City of Stephenville LO the City of Stephenville Party providing services: Erath County Electric Cooperative I� Manager, Data Processing 4.58 Service Contract This Agreement is made effective as of November 01, 1999, by and between City of Stephenville, of 298 W Washington, Stephenville, Texas 76401, and Erath County Electric Cooperative, of PO Box 290, Stephenville, Texas 76401. In this Agreement, the party who is contracting to receive services shall be referred to as "Water Department", and the parry who will be providing the serv=.es shall be referred to as "ECEC". ECEC has a background in Laser Bill Printing and is willing to provide services to Water Department based on this background. Water Department desires to have services provided by ECEC. Therefore, the parties agree as follows: 1. DESCRIPTION OF SERVICES. Beginning on November 01, 1999, ECEC will provide the following services (collectively, the "Services"): Printing and Mailroom Services including but not limited to printing of laser bills, forms, envelopes and inserts/newsletters as requested by Water Department. 2. PERFORMANCE OF SERVICES. The manner in which the Services are to be performed and the specific hours to be worked by ECEC shall be determined by ECEC. Water Department will rely on ECEC to work as many hours as may be reasonably necessary to fulfill ECEC's obligations under this Agreement. 3. PAYMENT. Water Department will pay a fee to ECEC for printing and mailing of bills in the amount of $0.15 per laser bill printed plus actual postage. This fee includes outgoing and return envelops. Additional services are billable at rates agreed upon by both parties. This fee shall be payable monthly, no later than the fifteenth day of the month following the period during which the Services were performed. Upon termination of this Agreement, payments under this paragraph shall cease; provided, however, that ECEC shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which ECEC has not yet been paid. 4. TERM/TERMINATION. This Agreement shall be effective for a period of 1 year and shall automatically renew for successive terms of the same duration, unless either party provides 90 days written notice to the other party prior to the termination of the applicable initial term or renewal term. IInniti�allss Water Department: ECEC: v `� 455 5. RELATIONSHIP OF PARTIES. It is understood by the parties that ECEC is an independent contractor with respect to Water Department, and not an employee of Water Department. Water Department will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of ECEC. 6. INJURIES. ECEC acknowledges ECEC's obligation to obtain appropriate insurance coverage for the benefit of ECEC (and ECEC's employees, if any). ECEC waives any rights to recovery from Water Department for any injuries that ECEC (and/or ECEC's employees) may sustain while performing services under this Agreement and that are a result of the negligence of ECEC or ECEC's employees. 7. CONFIDENTIALITY. Water Department recognizes that ECEC has and will have the following information: - prices - costs - process information - customer lists and other proprietary information (collectively, "Information") which are valuable, special and unique assets of Water Department and need to be protected from improper disclosure. In consideration for the disclosure of the Information, ECEC agrees that ECEC will not at any time or in any manner, either directly or indirectly, use any Information for ECEC's own benefit, or divulge, disclose, or communicate in any manner any Information to any third party without the prior written consent of Water Department. ECEC will protect the Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement. 8. CONFIDENTIALITY AFTER TERMINATION. The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement. 9. RETURN OF RECORDS. Upon termination of this Agreement, ECEC shall deliver all records, notes, data, memoranda, models, and equipment of any nature that are in ECEC's possession or under ECEC's control and that are Water Department's property or relate to Water Department's business. 10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or sent by Certified Mail in the United States Postal Service, postage prepaid, addressed as follows: Initials Water Department: ECEC: r 45Fi liabilities under certain circumstances on persons who act in good faith, and therefore nothing herein shall ry in any way constitute a waiver or limitation of any rights which the Client may have under common law or any federal securities laws. Section 4.05. Portfolio Designation Client has the full discretion to designate the amount of funds to be placed in the Portfolio or in separate investments. Client has full discretion to designate the amount of funds to be placed in the Portfolio or in a local government investment pool as authorized by the Client's governing body for liquidity. Funds of the Client invested in a local government investment pool shall be considered part of the Portfolio and P&A will be compensated for funds invested in such a local government investment pool. Section 4.06. Presentations. An Authorized Representative of P&A will be available to present reports or attend presentations to the Client or the Client's governing body on a quarterly or semi-annual basis, or as required by the Client. ARTICLE V. Expenses and Reports Section 5.01. Fee and Expenses. The Client agrees to pay to P&A on a monthly basis, an amount sufficient to reimburse P&A for costs of performing the duties -contemplated under this Agreement in accordance with the Fee Schedule, attached hereto and made a part hereof as Exhibit B. P&A shall advise the Client from time to time, in writing of the amount of such costs. This itemized invoice shall set forth the services provided for the Portfolio and the cost incurred. Fees are calculated by P&A and the invoice provided to the Client by the fifth (5) business day of the succeeding month. Payment on the charges shall be made within ten (10) business days after receipt of invoice. Section 5.02. Reports. The Client shall define all reporting needs for information needed on a daily or monthly basis. P&A shall submit reports to the Client of its transactions promptly after the end of each month. Such report shall indicate the balances remaining in the Portfolio and each account, the interest earned, all deposits and withdrawals, and a statement of all investment securities held for each month. All reports will comply with state law and Client policies. Section 5.03. Records. P&A shall keep a book of records in which complete and correct entries shall be made of all transactions relating to the receipts, disbursements, deposits, withdrawals and transfers in the Portfolio and Accounts in accordance with generally accepted accounting principles. Such records shall be available for inspection at all reasonable hours of the business day and under reasonable conditions by the Client. Section 5.04. Confirmations. P&A will establish all necessary procedures for Client to receive independent trade confirmations from all broker/dealers for each transaction in the Portfolio. Independent confirmations will be sent directly to the Client for audit trail purposes. ARTICLE VI. Miscellaneous Section 6.01. Notices. Any notices, Letters of Instruction, requests or demands required or permitted to be given hereunder shall be given in writing and shall be deemed duly given when mailed by registered or certified mail, postage pre -paid, addressed or faxed as follows: To the Client: Mark A. Kaiser, CPA Director of Finance City of Stephenville 298 West Washington Stephenville, Texas 764014257 Telephone: (254) 918-1225 Fax: (254) 918-1207 e-mail: mkateerQcl,a b w1l1e. a 46I 3 To P&A: Patterson & Associates 301 Congress Avenue Suite 570 Austin, Texas 78701 Telephone: (512) 320-5042 Fax: (512)320-5041 e-mail: linda ftatterson.net Section 6.02. Severability. If any provision of this Agreement shall be held or deemed to be or in fact shall be illegal, inoperative, or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative, or unenforceable to any extent whatsoever. Section 6.03. Limitation of Rights. With the exception of the rights herein expressly conferred, nothing in or to be implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement or any of the covenants, conditions and provisions herein contained; this Agreement and all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the parties hereto and herein provided. The Client further agrees that P&A's responsibilities hereunder are limited to the non - discretionary management of the Portfolio and other services as herein described and the providing of reports and information herein required; P&A shall not be liable for any losses from investments made and transfers made in accordance with the procedures set forth in this Agreement. Section 6.04. Execution of Counterparts. This Agreement may be simultaneously executed in several separate counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 6.05. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and is performable in Erath County, Texas. Section 6.06. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions, articles, or sections of this Agreement. Section 6.07. Amendment. The Client and P&A may supplement or amend this Agreement only if evidenced in a writing signed by both parties. Section 6.08. Termination. This Agreement may be terminated by either party hereto, with or without cause, by tendering thirty (30) days prior written notice in the manner set forth in Section 6.01 hereof. In addition, the Client may terminate this Agreement within five (5) business days of the date hereof, with or without cause and without penalty, by notifying P&A in the manner set forth in Section 6.01 hereof of its decision to terminate the Agreement Section 6.09. Term. Unless terminated in accordance with Section 6.08 hereof, this Agreement shall be in force for two years from the date of signing and may be automatically renewed on each anniversary date thereafter by the Client. Section 6.10. Assignment. This Agreement shall not be assignable by either party hereto, by operation of law or otherwise, without the prior written consent of the other party hereto. Any assignment in violation of this Section shall result in the automatic termination of this Agreement. Section 6.11. Ownership Change. P&A shall notify the Client in writing of any change in its partnership ownership within a reasonable time after such change. 462 4