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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. Services for Colleyville Timarron Village H 2005- 09- 21 #2.doc Page 1 of 6 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. Services for Colleyville Timarron Village H 2005- 09- 21 #2_doc Page 2 of 6 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. Services for Colleyville Timarron Village H 2005-09- 21 #2.doc Page 3 of 6 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 Services for Colleyville Timarron Village H 2005- 09- 2142.doc Page 4 of 6 CITY OF SOUTHLAKE: By: Mayor Date: EXHIBIT "A" ATTEST: City Secretary City of Southlake Services for Colleyville Tirnarron Village H 2005- 09- 21 #2.doc Page 5 of 6 ..,.,. -- ..ter - _H •- - - _ — .- ._.,_ F t C �t l .. ...� ...... 7t ", t r Itj r k.y ry rp r> 1 S � Y 1 C� g. �J•�y : G J' I F W S. W t I T - • r= M. J6 � w W Az �VATW- FP-6v�Dtz Cro (f -- Services for Colleyville Timarron Village H 2005- 09- 21 #1doc Page 6 of 6