R96-27 05-06-96RESOLUTION NO. R96-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AND AGREEMENT BY
AND BETWEEN THE CITY OF PEARLAND AND 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 relating to the furnishing of water and sanitary sewer service, a facsimile of
which is annexed hereto, designated Exhibit "A" hereof and incorporated herein for all
purposes, is authorized and approved.
Section 2. The Mayor is hereby authorized to execute and the City Secretary to
attest the original counterparts of the annexed contract documents for and on behalf of
the City.
PASSED, APPROVED and ADOPTED this the ~'~ day of
, A.D., 1996.
A'I-rEST:
CITY SECRETARY
TOM REID
MAYOR
oVED AS To FORM:
A
EXHIBIT "A"
THE STATE OF TEXAS §
COUNTIES OF HARRIS, BRAZORIA §
AND GALVESTON §
INTERLOCAL AGREEMENT BY AND BETWEEN
CITY OF PEARLAND, TEXAS,
CITY OF FRIENDSWOOD, TEXAS,
FOR WATER AND SANITARY SEWER SERVICES
This Agreement is made and entered into as of the 15 th day of Apri 1 ,
1996, by and between the City of Pearland, a home rule municipality located in 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").
W!INESSEIH:
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 were 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
FWD/P EARLAN D.AG~040896
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.
TERM
This Agreement shall be effective for a period of one (1) year commencing on the
effective date hereof, subject to annual renewal by the City Council 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
FWD/PEARLAND.AGT~040896 2
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.
III.
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 vice-versa. 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.
FWD/PEARLAND.AGT~040896 3
Ve
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
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.
VI.
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 either City and other cities not a part hereto.
VII.
INSPECTION OF BOOKS
Either City shall have the right to inspect the books and records of the other by any
designated officer or agent thereof concerning collections made pursuant to this Agreement.
FWD/P EARLAND.AGT~040896 4
VIII.
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.
EXECUTED IN DUPLICATE ORIGINALS this ~'day of ~7 '
1996.
CITY OF PEARLAND, TEXAS
Mayor
ATTEST:
City Secretary
City
3VED AS TO FORM:
Attorney
FWD/PEARLAND.AGT~040896 5
CITY OF FRIENDSWOOD, TEXAS
Evel~~. nZ.~..~e wman~n~ ~.r. ZO/,t ~/
Mayor
ATTEST:
~el r~~McK~e~i
City Secretary
APPROVED AS TO FORM
City Attorney
FWD/PEARLAND.AGT~040896 6