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 ~
. JS r - r -, - T -, I -: ' " -,
f---- A I jl,1:t],~,j,6 ., t---~'
)of 1- - -, ~,- -'- -' - --'- .'. -.:. _ I , 1 I .
' n I ' , , , , , ,- --
,- - -," .. ~ J.4 ' 13 I a I 1 J I 10 ' , . I I I ) :
LD, JZ,' 1 II 'I I 1--- .
... __ I -..L__...L__--L_ , . \
r 1 - r 1 - r 1 - T 1 . T 1 - T -1-1 ," . - ,
I J1 I 11 I U I W, %3 I U t 11 I )I I , I I I 7 I 'I ' .......,
Byron Nelson
Signature
Golf Course
"
Subject
Property
.
.... .
TV....;
I'
',/
Exhibit" A"