Item 5BCity of Southlake, Texas
MEMORANDUM
September 28, 2005
TO: Shana Yelverton, City Manager
FROM: Pedram Farahnak, Public Works Director
SUBJECT: Authorize the Mayor to execute an Interlocal Agreement between the City of
Colleyville and the City of Southlake for water, refuse, and recyclables collection
and billing of sanitary sewer services on behalf of Colleyville for the Timarron
Village H, Phase 3, Subdivision.
Action
Requested: Authorize the Mayor to execute an Interlocal Agreement between the City of
Colleyville and the City of Southlake for water, refuse, and recyclables
collection and billing of sanitary sewer services on behalf of Colleyville for the
Timarron Village H, Phase 3, Subdivision.
Background
Information: Allied Waste Systems recently discovered that Timarron Village H, Phase 3
Subdivision, which is located within the city limits of Colleyville was being
served weekly garbage service. Neither the City of Southlake nor the City of
Colleyville has been billing the customers for the collection service.
To avoid confusion and service by another contractor, staff agreed with
Colleyville staff that Southlake should be billing for this service. At the same
time, Colleyville has also requested that Southlake collect sewer fees from the
customers and forward them to the City of Colleyville.
Financial
Considerations: Additional collection services for a maximum of 25 homes
Citizen Input/
Board Review: None
Legal Review: The attached agreement is being reviewed by the city attorney.
Supporting
Documents: Interlocal Agreement
Staff
Recommendation: Staff recommends approving the Interlocal Agreement between the City of
Colleyville and the City of Southlake for water, refuse, and recyclables
collection and billing of sanitary sewer services on behalf of Colleyville for the
Timarron Village H, Phase 3, Subdivision.
INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE
AND THE CITY OF SOUTHLAKE FOR
WATER, REFUSE AND RECYCLABLES COLLECTION, AND
BILLING OF SANITARY SEWER SERVICES
FOR TIMARRON, VILLAGE H, PHASE 3 SUB - DIVISION
STATE OF TEXAS §
COUNTY OF TARRANT §
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 Sub - division (hereinafter referred to as
the " Timarron Sub - division" is within the city limits of Colleyville; and
WHEREAS, the Timarron Sub - division 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 service, refuse collection and recyclables, and
billing services for sanitary sewer to the Timarron Sub - division 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.
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NOW, THEREFORE, for the mutual consideration herein stated, the Municipalities
agree as follows:
1. This interlocal agreement shall cover the parcel of 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 Southlake'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 potable water service; refuse collection and recyclables,
and billing services for sanitary sewer to the Timarron Sub - division within
Colleyville. Southlake shall own and maintain the water supply system and shall
directly collect for the provisions of all of the above services to the Timarron Sub-
division, Southlake shall have exclusive authority to set the rates for all services
provided by Southlake.
3, Southlake shall bill the residents of Timarron Sub - division within Colleyville
directly for the sanitary sewer service provided by Colleyville. Sewer flow for
each resident shall be calculated from monthly meter readings provided by
Southlake representatives. Southlake shall pay to Colleyville all charges
applicable to customers within the Colleyville corporate limits at the same rate
charged to customers within the Colleyville corporate limits.
4. Colleyville shall provide police, fire, and emergency services to the Timarron
Sub - division.
5. Southlake shall not be subject to any franchise fees, service fees, or other costs
normally charged by Colleyville for providing the services set forth in this
Agreement.
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5. All other fees not addressed above and normally provided by Colleyville or
Southlake to their residents will not be affected by this Agreement.
7. All other services not addressed above and normally provided by Colleyville or
Southlake to their residents will not be affected by this Agreement.
8. Each party paying for the performance of governmental functions or services
must make those payments from current revenues available to the paying party.
9, Southlake makes no guarantee that water supply capacity or the other above
services 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 or other services, provided,
however, that Southlake will use its best efforts to ensure that said water supply
capacity or the other services as set forth in this Agreement are available.
10. 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
ATTN: City Manager
1400 Main Street, Suite 460
Southlake, Texas 75092
IF TO THE CITY OF COLLEYVILLE:
City of Colleyville
ATTN: Mayor
Colleyville, Texas
The designation of a person to whom and the place to which notices are to be
mailed or delivered may be changed from time to time by any party giving written
notice to the other party.
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11. 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 Iawsuit shall be in Tarrant County, Texas.
12. In the event that any portion of this Agreement shall be found contrary to law, 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.
13. Each party agrees to accept full responsibility for the acts, negligence and/or
omissions of its respective officers, employees and agents. It is the intent of the
Municipalities that each will be responsible to the extent permitted by law, but
Us 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. This agreement may be terminated by each party with a 30
day written notice to the other party.
14. The undersigned officers and/or agents of the Municipalities hereto are the
properly authorized officials 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.
15, This Agreement is executed in duplicate originals on the dates indicated below:
CITY OF COLLEYVIILLE: ATTEST:
Mayor
Date:
City Secretary
City of Colleyville
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CITY OF SOUTHLAKE:
By:
Mayor
Date:
EXHIBIT "A"
ATTEST:
City Secretary
City of Southlake
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