R98-58 10-12-98RESOLUTION NO. R98-58
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 I' ~ day
~ of ,
A.D., 1998.
ATTEST:
(~/C~SG~~T~y S ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
EXHIBIT "A" •
THE STATE OF TEXAS §
COUNTIES OF.HARRIS, BRAZORIA
• AND GALVESTON §
INTERLOCAL AGREEMENT BY AND BETWEEN
CITY OF PEARLAND, TEXAS,
AND
CITY OF FRIENDSWOOD, TEXAS,
FOR WATER AND SANITARY SEWER SERVICES
This Agreement is made and entered into as of the 2nc day of November
19 98, by and between the City of Pearland, Texas, a home rule municipality located ,n
Brazoria and Harris Counties, Texas (hereinafter "Pearland"), and the City of Friendswood, a
home rule municipality located in Harris and Galveston Counties, Texas (hereinafter
"Friendswood").
WITNESSETH :
WHEREAS, it is the desire of the City Councils of Pearland and Friendswood
cooperate with each other in providing water and sanitary sewer services to residents of each
City where reasonably possible to do so; and
WHEREAS, there are areas within each City where water and sanitary sewer services
are not 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 e
purpose of profit or gain; and
WHEREAS, it is the intention and desire of each City to make adequate provision or
water and sanitary sewer services for all residents within their respective corporate limits; and
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WHEREAS, there are certain areas of Friendswood which currently can best be provide
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,
i For and in consideration 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
effective date hereof, subject to annual renewals by the City Councils of each City.'
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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 shall notify the other Ci
of such need and request such services. Such notice and request shall contain a statement that
the City Engineer of the requesting City has reviewed the plans and specifications.of th
applicable property owner relating to water and sanitary sewer line installations, that same mee
all requirements of the requesting City's regulations, and that the Engineer will inspect all suet,'
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 th
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 conditions of this
Agreement. No extension or provision of water and/or sanitary sewer services by either Cit}1
to any area located within the corporate limits of the other shall'be undertaken except hi
accordance with the procedures hereof.
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OWNERSHIP OF METERS AND LINES
The installation and maintenance of water and sanitary 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 shall 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 bein
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 r
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 tent
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 nit
functioning properly.
IV.
READING METERS, BILLING, AND RATES
The City providing water service shall read customer meters and submit to customers all
billings in the same manner and at the same rate as other customers being provided like servic .
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 ar
within its own limits then being served by the other City pursuant hereto, thirty (30) da s'
advance written notice thereof shall be given to the City then providing such service. Af er
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receiving such notice, the serving City ch2l1 send final bills and take other appropriate action r
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 singularly.
VI.
ANNEX BOUNDARY LINES
This Agreement shall have no effect on either City's corporate boundaries or areas f
extraterritorial jurisdiction, and no annexation or exchange or release of either Cit} 's
extraterritorial jurisdiction shall be implied as a result hereof.
i . VII.
PRECEDENT
This Agreement is intended only for the. situation existing between Pearland • Id
Friendswood during the term hereof. It is not the intention of either City to establish preced nt
•for any agreements between the City and other cities not a party hereto.
..' • VIII.
INSPECTION OF BOOKS
Either City shall have the right to inspect the books and tax records of the other by . y
designated officer or agent thereof concerning taxes collected made pursuant to this Agreem;i't.
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'APPROVAL •
This Agreement has been duly authorized by the governing bodies of each Citir as
expressed in the official minutes of the Council meeting at which such authorization was granted.
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MISCELLANEOUS
Pearland and Friendswood agree and understand that in performance of this contract, all
employees of Pearland shall remain Pearland employees and shall not be considered agents,
employees or borrowed servants of Friendswood, and all employees of Friendswood shall remain
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Friendswood employees and shall not be considered agents, employees or borrowed servants f
Pearland.
Pearland and Friendswood further agree that work and materials provided by Pearlan
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 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 f r
injury or death of any person or any property damage arising out of each parry's respecti e
performance of obligations under this Agreement.
This Agreement and all obligations created hereunder shall be performable in H s,
Brazoria, and Galveston Counties, Texas.
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 pr
ovision 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 shall be construed and enforced in accordance with and governed by ie
Laws of the State of Texas.
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This Agreement may only be amended, modified, or supplemented in writing and
subsequently dated by Pearland and Friendswood.
To accomplish execution of this agreement, it may be executed in multiple counterparts.
EXECUTED IN DUPLICATE ORIGINALS this 2nd day of November
19 98
ATTEST: CITY OF PEARLAN , AS
ro, Tom Reid
C. Se 1 Mayor
APPROVED AS TO FORM: .
Darrin M. Coker
City Attorney
ATTEST: CITY OF ENDSWOOD, TEXAS
Deloris McKenzie, Harold L. Whitaker
City Secretary Mayor
APPROVED AS TO FORM:
Printed Name: Kim Mickelson
City Attorney
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THE STATE OF TEXAS §
COUNTIES OF BRAZORIA• §
AND HARRIS §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Tom Reid, Mayor of the City of Pearland, 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 131`' DAY 'OF
, A.D., 19 9?.
1�-P_.S
-� 'y = L A O.JONES i' ' NOTARY PUB IC, S ATE OF TEXAS
9 •; /WARYPLELC•STAROFTDAS ; Commission Expires: 9/.1l/95
; MY COMIASS1OB E PFRES
`'�ua.tr` F.EPTEMOER 21, 1999--' Printed Name: L; S a i. Sa r‘ s
THE STATE OF TEXAS §
COUNTIES OF HARRIS AND §
GALVESTON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Harold L. 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 3rd DAY OF
November , A.D., 19 98 .
0 ARY PUBLIC, STATE OF TEXAS
Commission Expires: 8/10/9 9
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Printed Name: Linda S. Thornton
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