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R97-61 10-27-97RESOLUTION NO. R97-61 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 ~,~ A.D., 1997. ATTEST: AP~/~'VED AS TO FORM: AMYTMOT S McCULU UGH CITY ATTORNEY TOM REID MAYOR 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 ~'7 44.- f~~ day of , 19~, by and between the City of Pearland, Texas, a home rule municipality located in Brazoria and Harris Counties, Texas (hereinafter "Pearland"), and the City of Friendswood, a home rule municipality "Friendswood"). located in Harris and Galveston Counties, Texas (hereinafter WITNESSETH: WHEREAS, it is the desire of the City Councils of Pearland and Friendswood to 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 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 WHEREAS, there are certain areas of Friendswood which currently can best be provided 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 consideration of the mutual obligations and benefits to be derived hereunder, Pearland and Friendswood do hereby agree as follows: I. This Agreement shall be effective for a period of one (1) year commencing on the effective date hereof, subject to annual renewals by the City Councils of each City. 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 shall notify the other City 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 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 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 conditions of this Agreement. No extension or provision of water and/or sanitary sewer services by either City to any area located within the corporate limits of the other shall be undertaken except in accordance with the procedures hereof. 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 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 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 to customers all billings 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 pursuant hereto, thirty (30) days' advance written notice thereof shall be given to the City then providing such service. After 3 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 singularly. VI. ANNEX BOUNDARY LINES This Agreement shall have no effect on either City's corporate boundaries or areas of extraterritorial 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 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 any designated officer or agent thereof concerning 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 meeting at which such authorization was granted. 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 Friendswood employees and shall not be considered agents, employees 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 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 for injury or death of any person or any property damage arising out of each party's respective performance of obligations under this Agreement. This Agreement and all obligations created hereunder shall be performable in Harris, 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 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 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 of this agreement, it may be executed in multiple counterparts. EXECUTED IN DUPLICATE ORIGINALS this ~ y of , ATTEST: An ~y Motes NIcCullo~ ~ City A, ztorney Tom Reid Mayor ATTEST: City Secretary .CITY OF FRIENDSWOOD, TEXAS Harold Whitaker Mayor APPROVED AS TO FORM: John 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 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. DEBRA J. SCHIELKE Notary Public, State of Texas ~'~,~'~"*~Cornrnission Expires 4-3-01 SEAL OF OFFICE THIS CQqSU'~DAY OF 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 24th November , A.D., 19 97 DAY OF NO RY PUBLiC, STATE OF TEXAS Commission Expires: 08/21.0/99 Printed Name: ILinda S. Thornton 7 FWDINTER.o97