The URL can be used to link to this page

Home My WebLink AboutResolution No. 2001-18 RESOLUTION NO. R2001-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF PEARLAND FOR THE PROVISION OF WATER AND SEWER SERVICE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1 . That certain agreement by and between the Cities of Friendswood and the City of Pearland regarding the furnishing of water and sanitary sewer service, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the Mayor is hereby authorized to execute and the City Secretary to attest the original counterparts of the attached contract documents for and on behalf of the City of Friendswood. PASSED, APPROVED and ADOPTED this the 21St day of Mav , A.D., 2001 . �� Harold L. Whitaker Mayor ATTEST: s � " Deloris McKenzie, RMC City Secretary APPROVED AS TO FORM: CITY ATTORNEY .,� � , ` . "N ' Illa, , ' • , �� ,,r p�9'Pt u 94 PEA►R�,��ND 7' E X A S Fsr• 1 a9p, CERTIFICATION THE STATE OF TEXAS § COUNTIES OF BRAZORIA, HARRIS, & FT. BEND § I, Young Lorfing, City Secretary of the City of Pearland, Texas, hereby certifies that the attached constitutes a true and correct copy of Resolution No. R2001-47 duly passed and approved by the City Council on the 9t'' day April, 2001 . Witness my hand and seal of the City of Pearland, Texas, this 12th day of April 2001 , at Pearland, Texas. / ung ng C� y S c etary (SEAL) 3519 LIBERTY DRIVE•PEARLAND,TEXAS 77581-5416-19•281-652-1600•www.ci.peazland.tx.us Printed on Recycled Paper i�� /'` �,^ ' , RESOLUTION NO. R2001-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1 . That certain agreement by and between the Cities of Pearland and Friendswood regarding the furnishing of water and sanitary sewer service, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the Mayor is hereby authorized to execute and the City Secretary to attest the original counterparts of the attached contract documents for and on behalf of the City of Pearland. PASSED, APPROVED and ADOPTED this the 9 day of Apri 1 , A.D., 2001 . � � � TOM REID MAYOR ATTEST: OUNG F ITY S C ETARY APPROVED AS TO FORM: � DARRIN M. COKER CITY ATTORNEY ' � �� • . EXHIBIT "A" 'I'k�E ST��TE {�F TEYAS � § COUN�'YES OF HARRIS, BRAZOR[A § AND GAL�'E5T01 § INTERLOCAL AGREEMENT BY AND BETWEEN CITY ClF PEARLAND, TEhAS, AND CITY OF FRIENDSWOOD, TEXAS, FOR VVATER AND SANITARY SEWER SERVICES Thi; Agreement is made and entered it�to as of the �_ day of �p/QI L , 2C�0/, by and between the City of Pearland, Texas, a home rule municipality located in Brazoria, Fort Bend,and Harris Counties,Texas(hereinafter"Pearland"),and the City ofFriendswood,a heme rule mu.nicipalit_y located in Harris and Galveston Counties, Texas (hereinafter "Friendswood"). WITNESSETH : `VHEREAS, it is the desire of the City Co�.�ncils of Pearlar.d and Friendswood to cooperate wii� each other in providing water and sanitary sewer services to residents of each City where reasonably possible to do so; and �VHEREAS,there are areas��ithin each City«�here water and sanitary sewer services ai-e net readily available from the City in which the area is located but to which such services are available from the other City; and WHEREAS,it is not the desire of either City to enter into this Agreement for the purpose of proFit or gain; and WHEREAS,it is the intention and desire of each City to make adequate provision for water and sanitary sewer services for all residents within their respective corporate limits; and 1 q � �� ' . � �VHEREAS, there are certain areas of Friendswood which currently can best be p:ovided with water and sanitary sewer services by Pearland and certain areas of Pearland which currently can best be provided with water and sanitary sewer service by Friendswood; now, therefore, For and in consideraciun of the mutual obligations and benefits to be derived hereunder, Pearland and Friendswood do hereby agree as follows: I. TERM This Agreement shall be effective for a period of two (2) years commencing on the effecti.ve date here��f. After the expiration of the initial t��o-year term, the Agreement shall be extended f�r an annual two-year term unless notice of no less than ninety (90) days is given by either part�✓ (by certified or registered mail, return receipt requested) prior to the expiration date. II. AREASSERVED If either City has an area to which it cannot reasonably provide water and sanitary sewer servic:es but which it believes is �,vithin the service area of the other, it shali notify the other City of such need and request such szrvices. Such notice and request shall contain a statement that the City Engineer of the requesting City has revie�ved the plans and specifications of the applicable pro�erty owner relating to «�ater and sanitary sewer line installations, that same meet all requ;rements 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 shall 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 shall so notify the requesting City and provide water and sanitary sewer services under the terms and co�ditions of this Agreement. No extension or provision of water and/or sanitary se��er services by either City to aiiy area located 2 �'` ,,.., ' . � �vitl?�.n the corporate limits of the other shall be undertaken except in accordance with the procedures hereof. III. � OV6�NERSHIP OY�' METERS AND LINES The installation and maintenance of water and sanitary sewer service lines and related transmission facilities shali be as required and p:ovided by the City in��hich 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 shall be prohibited hereby from imposing applicable impact cr other service fees as authorized by law. Neither City shall provide service to an area of tr�e other unless the lines through which the service «�ill be provided has been conveyed to the City in which the area lies. In this connection, it is agreed that Pearland will not own any lines or meters within Friendswood, and Friendswood will not own any lines or meters within Pearland. All maintenance of lines or meters shall 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 throu�il which the other is providing service, if the City requesting calibration or testing reasonably believes such meter is not functioning properly. IV. READIl�'G NIETERS, BILLING, AND RATES The City providing water service shall read �ustomer meters and submit to customers all uiliings in the same manner and at the same rate as other customers being provided like service. Customer charges for sanitary sewer service shall be determined in the same manner. V. TAKE-OVER BY CITY BEING SERVED At any time either City desires to furnish water and sanitary sewer service to an area within its own limits then being served by the other City pur�uant hereta, thirty (30) days' advance 3 I � r.,,.� � • written notice thereof shall be given to tl�e City then providing such service. After receiving such notice, the servinb City shall send final bills and take other appropriate action to consummate the take-over by the ather city. It is understood that water and sanitary sewer service must be taken o;�e:sllrcultaneously and that neither water nor sanitary sewer service can be taken over singularly. VI. Al�i�TEX �OLNDAIZY LINES This Agreement shall have no effect on either City's corporate boundaries or areas of extra�erritorial jurisdiction, and no annexation or exchange or release of either City's extraterritorial jurisdiction shall be implied as a result hereof. VII. PRECEDENT This Agreement is intended only for the situation existing between Pearland and Friendswood during the term hereof. It is not the intention of either City to establish precedent foz• any agreements between the City and other cities not a party hereto. `1TIII. INSPECTION OF BOOKS Eitr�er City shall have the rig�-�t �o inspect the books and tax records of the other by any designated officer or agent thereof c�ncerning taxes collected made pursuant to this Agreement. IX. APPROVAL This Agreement has been duly authorized by the governing bodies of each City as expressed in the official minutes of the Council m�eting at which such authorization was granted. 4 T � • �� X. MISCELLANEOIJS Pearland and Friendswood agree and understand that in performance of this contract, all employees of Pearland shall remain Pear?and employees and sha11 not be considered agents, employees or borrowed servants of Friendswood, and all employees of Friendswood shall remain Friendswood employees and sr�all not be considered agents, employ�ecs or borrowed servants of Pearland. � Pearland and Friendswood further agree that work and materials provided by Pearland in accordance with this Agreement; are provided without warranty of any kind to Friendswood or any third pariy, and work and materials provided by Friendswood in accordance with this Agreement, are provided without warranty of any kind to Pearland or any third party. Pearland and Friendswood each hereby agree, to the extent allowable by law, to defend, hold harmless, and indemnify the other, its officers, agents, and employees for any claims for injury or death of any person or any property damage arising out of each party's respective perform.ance of obligations un�er this Agreement. This Agreement and all obligations created hereunder shall be performable in Harris, Brazoria, and Galveston Cou�ities, Texas. Whenever possible, each provisic�n 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 sha31 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 shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 5 /`� ' . ��, This Agreement may only be amended, modified, or supplemented in writing and subsequently dated by Pearland and Friendswood. To accomplish execution oi this agreement, it may be executed in multiple counterparts. EXECUTED IN DUPLICAT� ORIGINALS this 9 day of A�ri 1 _� 20 O1 . ATTEST: CITY OF PEARLAND, AS . , � By: �'�f --- ung L Tom Reid ity Se re ry Mayor APPROVED AS TO FORM: �Q�1�c.,.�`��.• l��7/c.�"'— Darrin M. Coker City Attorney ATTEST: CITY OF FRIENDSWOOD, TEXAS ' B - eloris N��Kenzie, " RMC Harold Wllitaker City Secretary Mayor t�PPROVED AS TO FORM: ohn F. Olson City Attorney 6 � � . , �� THE STATE OF TEXAS § § COUNTIES OF BRAZORIA § AND HARRIS § BEFORE ME, the undersigned Notary Public, on this day personally appeared Tom Rei�, Mayor of the City of Pearland, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledjed to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HANU AND SEAL OF OFFICE THIS � DAY OF �(�<c � , A.D., 20�_. , �/ ��r�,�.`� - T-� _ �.' � '� NOTARY PUBLIC, STATE OF TEXAS fi o•�`"°�4 MELINDA K.WELSH ti p�; Natar�pubno,state ot tao�a� Commission Expires: (�� ' �o�� .�y � My omml�don Expiros; + 02/20/2006 Printed Name: ��1��e�- K ��'�!`_>� THE STATE OF TEXAS § § COUNTIES OF HARRIS AND § GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Harold Whitaker, Mayor of the City of Friendswood, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 21St DAY OF �,Y , A.D., 2001 . ' NOTARY PUBLIC, STATE OF TEXAS CommissionExpires: os/lo/2003 Printed Name: Linda S. Thornton 7 FWDINTER.401