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HomeMy WebLinkAboutCity Council Resolutions (R-02-1905)-02/05/2002 RESOLUTION R-02-1905 A RESOLUTION AUTHORIZING THE APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE CITY OF SOUTHLAKE FOR PUBLIC IMPROVEMENTS AT TIMARRON - PHASE III WHEREAS, the City of Colleyville and the City of Southlake desire to enter into an Interlocal Agreement for proposed water system improvements within The Cascades of Timarron, Village H, Phase III; and WHEREAS, Texas Government Code, Chapter 791 (the "Act"), provides authorization for municipalities to contract with one another for the performance of government functions and services under the terms of the Act; and WHEREAS, the City of Colleyville and the City of Southlake are willing to cooperate with one another to accomplish the construction and maintenance of this project; and WHEREAS, it is mutually advantageous to both parties to enter into this Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville and the City of Southlake shall enter into an Interlocal Agreement, "Exhibit B", for water service for Timarron, Village H, Phase III. Sec. 2. THAT maintenance of the proposed water system will be provided by the City of Southlake. Sec. 3. THAT the City of Southlake shall provide water service to the Timarron, Village H, Phase III Subdivision. Sec. 4. THAT the City of Colleyville shall provide police, fire, and emergency services to the Timarron, Village H, Phase III Subdivision. AND IT IS SO RESOLVED. Resolution R-02-1905 Page 2 of 2 PASSED BY A VOTE OF 5 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE .s ~ DAY OF ~~_' 2002. ATTEST: ~Ik- Cynthia Singleton, City Secretary IN'I L..RLOCAL AGREEMENT BETWEE.. fHE CITY OF COLLEYVILLE AND THE CITY OF SOUTH LAKE FOR WATER SERVICE FOR TIMARRON, VILLAGE H, PHASE 3 SUBDIVISION STATE OF TEXAS COUNTY OF TARRANT s s OFFICIAL RECOR[ This Agreement is made and entered into by and between the City of Colleyville. Texas, a home rule municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant County (hereinafter referred to as "Colleyville"), and the City of Southlake, Texas, a home rule municipal corporation operating pursuant to the laws of the State of Texas and located in Tarrant and Denton Counties (hereinafter referred to as "Southlake"). Colleyville and Southlake are hereinafter collectively referred to as the "Municipalities." WHEREAS, the Timarron, Village H, Phase 3 Subdivision (hereinafter referred to as the "Timarron Subdivision") is currently being developed within the city limits of Colleyville; and WHEREAS, the Timarron Subdivision is located within Southlake's certificate of convenience and necessity ("CCN") for water service, but within the city limits of Colleyville; and WHEREAS, the Municipalities mutually desire to enter into an agreement regarding Southlake's provision of potable water to the Timarron Subdivision within Colleyville; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes city governments within the State of Texas to contract with one another for the provision of various governmental functions and the delivery of various governmental services, including those providing for water supply facilities. NOW, THEREFORE, for the mutual consideration herein stated, the Municipalities agree as follows: '.\I:\SouthlakelAgreements\lnterlocal Waler.FN3.wpd (12-04-01) Page 1 1. .This interlu-.;al agreement shall cover the parcel vi land as shown on Exhibit "A" attached hereto, consisting of 17.059 acres and divided Into 25 residential lots. This parcel of land lies within South lake's CCN and the Colleyville city limits. Developer and/or his successors or assigns are not the intended beneficiaries of this Agreement and shall have no right to enforce or claim damages as a result of a breach of this Agreement. 2. Southlake shall provide water service to the Timarron SubdivIsion. South lake shall own and maintain the water supply system and shall directly collect for the provisions of water to the Timarron Subdivision. Southlake shall have exclusive authority to set the water rates for all water service provided by Southlake. 3. Colleyville shall provide police, fire and emergency services to the Timarron Subdivision. 4. Southlake shall not be subject to any fral,chise fees. s9rvice fees, or other costs normally charged by Colleyville for providing the water services set forth in this agreement. 5. All other fees not addressed above and normally collected by Colleyville or Southlake will not be affected by this agreE:ment. 6. All other services not addressed above and normally provided by Colleyville or South lake to their residents will not be affected by this agreement. 7. Each party paying forthe performance of governmental functions or services must make those payments from current revenues available to the paying party. 8. Southlake makes no guarantee that water supply capacity will be available at any particular time or place, it being fully understood by both parties hereto that the ability of Southlake to supply water services IS subject to Southlake's water system capacity. Southlake shall be the sole judge of the availability of such capacity to supply such water services, provided. however, that Southlake will use its best efforts to ensure that said water supply capacity is available. 9. Any notice provided for herein shall be given in writing and delivered or mailed by certified or registered United States Mail, postage prepaid, addressed as follows: IF TO THE CITY OF SOUTHLAKE: City of Southlake A TTN: City Manager 1400 Main Street, Suite 460 Southlake, Texas 76092 W:\SoulhlakelAgreemenls\lnlerlocal Water.FN3.wpd (12-04-01) Page 2 IF TO THE. ",ITV OF COLLEYVILLE: City of Colleyville A TTN: Mayor Colleyville, Texas _ The designation of a person to whom and the place to which notices are to be mailed ordelivered may be changed from time to time by any party giving written notice to the other party. 10. This Agreement and all of its terms and provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. In the event that any cause of action is filed by either party arising out of the terms of this Agreement, venue for said lawsuit shall be In Tarrant County, Texas. 11. In the event that any portion of this Agreement ~hall be found cont~aiy to 13W, it is the intent of the parties that the remaining portions shall remain valid and In full force and effect to the extent legally permissible. 12. Each party agrees to accept full responsibility for the acts, negligence and/or omissions of its respective officers, employe~s and agents. It is the intent of the Municipalities that each will be responsible to the extent permitted by law, but this provision is not intended to waive any element of sovereign immunity, or to remove any further protections afforded general purpose units of government pursuant to Texas law. 13. The undersigned officers and/or agents of the Municipalities hereto are the properly authorized officiClls and have the necessary authority to execute this Agreement on behalf of the Municipalities. Each city hereto certifies to the other that any necessary resolutions or orders extending said authority have been duly passed and are now in full force and effect. 14. This Agreement is executed in duplicate originals on the dates indicated below. CITY ~~LUiYVILUi By: ~~ May r Date i~~ Z, ~~ ATTEST: secr~~~ of Colleyville W:\SoulhlakelAgreemenls\lnter1ocal Waler.FN3.wpd (12-04-01) Page 3 ATTEST: CITY OF SOL, I HLAKE BY~~ Mayor Date: ,\ \", ,II'" I, '1'1 "", \)1 H L11( III" ...... C?;O ........ ~ ", ~"'JI .... '..; ,^'-:,. :0: ..~'::. ~>-i * :~~ =1-: :cn: - -' . .. ~ <.) e., ..' E .,.. .' ~ ".... ........... ......... " " '....',1 * '*.. \\\\' l'I""tll"" ~4 /dOC);L/ W:\SoulhlakelAgreements\lnterlocal Water.FN3.wpd (12-04-01) Page 4 ~i/; 14 --: Lr--,..! V[ ~ -j/, , u ...... JJ' ~ J ~ . 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