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Home My WebLink AboutResolution No. 2003-21 RESOLUTION NO. R2003-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS TO APPROVE INTERLOCAL AGREEMENT WITH CITY OF ALVIN, TEXAS FOR PROVISION OF WATER AND SEWER SERVICES. * * * * * * * * * * * * WHEREAS, the City of Friendswood, Texas (the "City") is located contiguous to the City of Alvin, Texas; and WHEREAS, there are residents of the City who may be more efficiently and effectively provided with water and sewer service by the City of Alvin; and WHEREAS, there are residents of the City of Alvin who may be more efficiently and effectively provided with water and service by the City; and WHEREAS, the City believes it is in the best interest of the City and its residents to enter into an interlocal agreement pursuant to the terms of Chapter 791 of the Texas Government Code for the provision of water and sewer services; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: That the interlocal agreement between the City and the City of Alvin, Texas for the provision of water and sewer services to the other's residents based on the terms and conditions set forth therein, a true and correct copy of which is attached hereto as Exhibit "A" is hereby approved. PASSED,APPROVED AND RESOLVED this 7th day of Apri12003. � � � Mayor Harold L. Whitaker City of Friendswood ATTEST: , � Deloris McKenzie, TRM City Secretary I. TERM This Agreement shall be effective for a period of two(2)years commencing on the effective date hereof. After the expiration of the initial two-year term,the Agreement sha11 be extended for an annual two-year term unless notice of no less tha.n ninety (90) days is given by either party (by certified or registered mail, return receipt requested) prior to the expiration date. This Article is subject to the provisions of Article V below. II. AREAS SERVED If either City has an area to which it cannot reasonably provide water and sanitary sewer services but which it believes is within the service area of the other, it sha11 notify the other City of such need and request such services. Areas currently being considered are within the City of Alvin on HollierBarrell Road and Mandale Road where Friendswood has utility service. Such notice and request shall contain a statement that the City Engineer of the requesting City has reviewed the plans and specifications of the applicable property owner relating to water and sanitary sewer line installations, that same meet all requirements of the requesting City's regulations, and that the Engineer will inspect all such installations as they are made. The City which will provide the service sha11 have the right to have its Engineer review such plans and specifications. If the City which will provide the service deems that it has the capacity to provide such service, it shatl so notify the requesting City and provide water and sanitary sewer services under the terms and conditions of this Agreement. No extension or provision of water and/or sanitary sewer services by either City to any area lacated within the corporate limits of the other sha11 be undertaken except in accordance with the procedures hereof. � III. OWNERSHIP OF METERS AND LINES The installation and maintenance of water and san.itary sewer service lines and related transmission facilities shall be as required and provided by the City in which the area being served hereunder is located. Each City shall be responsible for the installation and maintenance of water meters within its boundaries. Neither City sha11 be prohibited hereby from imposing applicable impact or other service fees as authorized by law. Neither City shall provide service to an area of the other unless the lines through which the service will be provided has been co�veyed to the City in which the axea lies. In this connection, it is agreed that Alvin will not own any lines or meters within Friendswood, and Friendswood will not own any lines or meters within Alvin. All maintenance of lines or meters sha11 be done by the City within which such lines or meters lie. Either City shall,at the request of the other,calibrate or test any meter located within their respective City limits and through which the other is providing service,if the City requesting calibration or testing reasonably believes such meter is not functioning properly. IV. READING METERS,BILLING,AND RATES The City providing water service shall read customer meters and submit ta customers a11 billings in the same manner and at the same rate as other customers being provided like service within such City. Custamer charges for sanitary sewer service shall be deternuned in the same manner. V. TAKE-OVER BY CITY BEING SERVED At any time either City has the facilities and capacity to furnish water and sanitary sewer service to an area within its own limits then being served by the other City pursuant hereto,thirty(30) days' advance written notice thereof shall be given to the City then providing such service. After receiving such notice, the serving City shall send final bills and take other appropriate action to consummate the take-over by the other city. It is understood that water and sanitary sewer service must be taken over simultaneously and that neither water nor sanitary sewer service can be taken over � X. h�IISCELLANEOUS Alvin and Friendswood agree and understand that in performance of this contract, all employees of Alvin sha11 remain Alvin employees and shall not be considered agents, employees or borrowed servants of Friendswood, and all employees of Friendswood shall rernain Friendswood employees and shall not be considered agents, employees or borrowed servants of Alvin. Alvin and Friendswood further agree that work and materials provided by Alvin in accordance with this Agreement are provided without warranty of any kind to Friendswood or any third party, and work and materials provided by Friendswood in accordance with this Agreement are provided without warranty of any kind to Alvin or any third pa.rty. This Agreement and all obligations ereated hereunder shall be performable in Harris,Brazoria, and Galveston Counties, Te�s. Whenever possible,each provision of this agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this agreement is prohibitive or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this agreement. This Agreement sha11 be construed and enforced in accordance with and gaverned bythe laws of the State of Texas. This Agreernent may only be amended,modified,or supplemented in writing and subsequently dated by Alvin and Friendsvvood. To accomplish execution of this agreement, it may be executed in multiple counterparts. EXECUTED IN DUPLICATE ORIGINALS this 7th day of z�pril , 2003 , � CITY OF FRIENDSWOOD, TEXAS CITY OF ALVIN, TEXAS i B By; Harold Whitaker Andy Reyes Mayor Mayor ATTEST: ATTEST: , � � By- - By: Deloris McKenzie, TRM Thomas W. Peebles City Secretary City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: ,� 1 � Y _ ;"��1��-ltil.'.. "�' 1(��jl(`�� John F. Ison Eugenia A1 Cano City Attorney City Attorney THE STATE OF TEXAS § § COUNTIES OF HARRIS AND § GALVESTQN § BEFORE ME,the undersigned Notary Public,on this day personally appeared Andy Reyes, Mayor of the City of Alvin Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. G N UNDER MY HAND AND SEAL OF OFFICE THIS � DAY OF A.D., 20 d 3 , �- �s�""'"•�,� GRACE CRUZEN NOTARY UB IC, STATE OF TEXAS , � ,� Notary Public �, ./ STATE OF TEXAS Commission Expires: �I I ��Z�c..v��F ��re�:'�1 My Comm.Exp.01-16-2004 printed Name: �� c � C �.� ,,, G TI-� STATE OF TEXAS § § COUNTIES OF HARRIS AND § GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared i-�arold Whitaker, Mayor of the City of Friendswood, Texas, known to me to be the person whose name is subscribed to the faregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 28th DAY OF MaY , A.D., 20 03 , l' ; � � ��. - TARY PUBLIC, STATE OF TEXAS ' t1 . Commission Expires: os/lo/o3 � ' ..1` - . -� Printed Na�Tie: Linda S. Thornton � , ��'. t -' ::, �° ��, . _. " ' S.. .. � 7