R2001-0047 04-09-01 RESOLUTION NO. R2001-47
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 9 day of Apr~l .,
A.D., 2001.~-"~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R200~-f47
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 ~_ day of /]]9~/~.. ,
20~ , by and between the City of Peartand, Texas, a home role municipality located in Brazoria,
Fort Bend, and Harris Counties, Texas (hereinafter "Pearland"), and the City ofFriendswood, a home
role municipality located in Harris and Galveston Counties, Texas (hereinafter "Friendswood").
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 Citywhere 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.
TERM
This Agreement shall be effective for a period of two (2) years commencing on the
effective date hereof. After the expiration of the initial two-year term, the Agreement shall be
extended for an annual two-year term unless notice of no less than ninety (90) days is given by
either party (by certified or registered mail, return receipt requested) prior to the expiration date.
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
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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 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
3
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.
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.
4
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 extem 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.
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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 9 day of ^pti 1
2001
ATTEST: CITY OF PEARLAND. TEXAS
~ung'~// ,/~ -J/ Tom Reid
~ity S~,a,~tary 6/ ~" Mayor
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
ATTEST: CITY OF FRIENDSWOOD, TEXAS
D~loris'McKenzie, TR~ '~ Harold ~hltaker
City Secretary Mayor
APPROVED AS TO FORM:
J~F. Olson
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.
6IyEN UNDER MY HAND AND SEAL OF OFFICE THIS q4~ DAY OF
p'~)( ~ I , A.D., 20 O~
NOTARY PUBLIC, STATE OF TEXAS
V~' ~'n~~ Commission Expires: O~ [.~)-0/aStO0 ~
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 2~st DAY OF
, A.D., 20 0~
- ~(JTARY PUBLIC, STATE OF TEXAS
CommissionExpires: o8/~.o/2003
' PrintedName: LJ_nda $. ~hornt:on
7 FWDINTER.401
RESOLUTION NO. R2001-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIEI~IDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CITY OF PEARLAND FOR THE
PROVISION OF WATER AND SEWER SERVICE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS:
Section 1. That certain agreement by and between the Cities of Friendswood
and the City of Pearland regarding the furnishing of water and sanitary sewer service,
a~oI~¥ 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 Friendswood.
PASSED, APPROVED and ADOPTED this the 2zst day of May ,
A.D., 2001.
Mayor
ATTEST:
D~loris MoKenzie, :~RMCv
City Secretary
APPROVED AS TO FORM:
CITY ATTORNEY