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Home My WebLink AboutResolution No. 2011-081CITY OF THE COLONY, TEXAS RESOLUTION NO'. 2011 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN TIIE CITY OF PLANO AND THE CITY OF THE COLONY FOR THE PURPOSE OF PROVIDING POTABLE WATER SERVICE TO A PORTION OF THE CITY OF THE COLONY; THAT THE AMENDMENT TO TIIE AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING; AN EFFECTIVE DATE WHEREAS, on August 19, 1998 the City of The Colony entered into an agreement with the City of Plano to provide potable water service to a portion of the city of The C01011y; and WHEREAS, the City Council has discussed and considered the amendment to the agreement, and finds and determines that it is in the best interest of the City. NOW, THEREFORE, BE IT IZESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby approves the First Amendment to Agreement between the City of Plano and the City of The Colony for the purpose of providing potable water service to a portion. of the city of The Colony. Section 2. That the City Manager is authorized to execute the First Amendment to the Agreement, which is attached hereto and incorporated herein as Exhibit "A". Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 22nd day of Novem Iyer, 2011 e McCou -y, Mayor City ofTh Colony, T A � T. Christie Wilson, TRAM, City Secretary APPROVED AS TO FORM: � a ,--,JeffM-0,07, ity Attorney 91,100XVIt"It 2410 URN, This First Amendment (hereinafter referred to as the "First Amendment") is hereby entered into by and between the CITY OF PLANO, TEXAS, a Texas home -rule municipal corporation (hereinafter referred to as "Plano"), and the CITY OF THE COLONY, TEXAS, a Texas home -rule municipal corporation (hereinafter referred to as "The Colony"), acting by and through their agents, the City Mai -lagers, or their duly designated representatives, as follows: WITNESSETH: WHEREAS, Plano and The Colony are political subdivisions within the State of Texas, and are both engaged in the provision of governmental services for the benefit of their citizens-, and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (hereinafter referred to as the "Act") provides authority for local governments of the State of Texas to enter into interlocal agreements with each other regarding governmental functions and services as set forth in the Act; and WHEREAS, effective August 19, 1998, Plano and the Colony entered into a thirty (30) year Agreement between the City of Plano and The Colony for Providing Potable Water Service to a Portion of The Colony" (hereinafter referred to as the "Agreement"); and WHEREAS, Section I.C. of the Agreement provides that any modification of the Agreement must be in writing and signed by all parties; and WHERE AS, the cities of Plano and The Colony desire to amend the Agreement to address the provision of potable water within The Colony by expanding the service area, as depicted in Exhibit A of this First Amendment; and WHEREAS, the cities of Plano and The Colony find and determine the provision of governmental services as contemplated by this First Amendment will promote the public health and welfare, provide efficiency and effectiveness of local government, and be of mutual benefit to the contracting parties. NOW, THEREFORE, Plano and the Colony,, for in consideration of the recitals set forth above and conditions below, agree as follows: ARTICLE I All matters and recitations stated in the Preamble to this First Amendment are true and correct and are hereby incorporated by reference into the provisions of this First Amendment as an expression of intent and as an aid to construction. ARTICLE 2 "t.rQ10 (a) Amendment to Agr�ternent. That Section J,A. I. of the Agreement, entitled "Definition of Service Area" is amended and shall read as follows: Definition of Service Area. The Service Area shall be limited to the area as shown in Exhibit A of this First Amendment," ARTICLE 3 1 -T -T S—CM !-J �Ikzmfflf )1(X6JQALJ1SX1JiWq_ 6.1 Authority of Parties, This First Amendment is made by and entered into by a duly authorized official of Plano and The Colony. 6.2 Captions. The captions contained in this First Amendment are for informational purposes only and shall not in any way affect the substantive terms or conditions of this First Amendment. 6.3 Counterparts. This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original, and constitute one and the same instrument, 6.4 Effective Date. The effective date of this First Amendment shall be the date of the later to execute this First Amendment by and between Plano and The Colony. 6.5 Entire Agreement. In the event of an inconsistency between this First Amendment and the terms of the Agreement, this First Amendment shall govern, The Agreement shall continue in full force and effect except as amended herein, This First Amendment and any exhibits which may be attached hereto, constitutes the entire: agreement among the Parties hereto with respect to the subject matter hereof, and supersedes any prior understandings or written or oral agreements between the Parties with respect to the subject matter hereof No amendment, modification, cancellation or alteration of the terms of this First Amendment shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the Parties hereto. Page 2 of 5 First Amendment City of Plano — City of The Colony 10131201111:59:48 AM IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed. __,)_17. cco, City Secretary I *,(:Vetherbee, City Attorney CITY OF PLANO, TEXAS A Texas home -rule municipality '7 ( Bruce D. Glasscock City Manager Date Executedti ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF COT LIN § This instrument was acknowledged before me on the day of , 2011, by BR4ee-D�"' iaswocl�,5 City Manager of the City of Plano, Texas, aTexas home - rule municipality, on behalf of said municipality. /!Oy $Iwvy Koy Coma f"" Kok Notary Pubfic, State of Texas Wo Om MY CO"n . EXP &17-14 Page 3 of 5 First Amendment City ofPlano — City of The Colony 10131201111:59:48 AM CITY OF THE COLONY, TEXAS A Texas home -rale municipality Tr y dwell y Manager Late Executed: ATTEST Christie Wilson, City Secret ` APPROVED AS TO FORM: Jeffxe�oore, City Attorney M STATE OF TEXAS COUNTY OF DENTON § This instrument was acknowledged before me on the AaK4 day of pV r , 2011, by Troy C. Powell, City Manager of the City of The Colony, Texas, a Texas home -rule municipality, on behalf of said municipality. Qwk 0�*L 0A&0e-Kj Notary Public, State of Texas MY COMMISSION EXPIfRES r „ Wober 1, 2412 Page 4 of 5 First Amendment City ofPlcano — City of The Colony 1013/2011 11:59 48 Ate` ExhibitA [Service Area] Crbs>;eni pr o�'"� Ex ibit A i' n Llt: �Seryice Area -PortobeY6a--.'p „ Epworth i. xt orocrgh .,.inbeanr,.ue h — f,dai�ra�.. 8 r I - - .Sprang Greek _. .Iano Pkwy.:; Canyon Oaks q 1 Bre rRidue C01 IYV a a� _ e�cc, her Frarr¢vo ed.m°' , `.� Ncdro �'dcw W 4, nilly ArOa n Fox Chase Otey __._-..._._�� 1* 'pn ._ . t 1'wfki ttldgr, N m. ,. ,Vj wV k1L' p 4 E �' rlix7.mY Tel .. - aL d �Dhaysn p 1 f M --1F kw, i V 1j. + w kdalu . � UJnb5hj�3�_ �a d JJ �aR , +' �,� AN12"� SnrJu6 Sal' :P I -- — V!a'3'^ f pvrnrnnc; j .......__.. N The City of The Cal any W " �, lhs map was gereral�tl by GIS dU.a prMled by 7 n Colony GIS Departmenl, like CTHE t idry UTite Calbny dpe5 not guaranteed]e ccrrectress araeLvrauyot any paEures on this map. These di l productsam Tor Jusb allon purposes My and are not ' salable fur sale specOd decsDn maang. GIs data is sulbectto constant changes, C Ids, fry adrr Linke atd ntay nbl be +samp4_le, acoarale of current. trzen L+, ,.,s ,r Tn..cn. .n r �rss M,125,719 Page 5 of 5 First Amendment City of Plano — City of The Colony 101312011 11::59:48.4M January 4, 2012 Mr. Troy C. Powell" City Manager City of the Colony 6800 Main Street The Colony, Texas 75056 11.0 Box 860358 Plano, Texas 75086-0358 972 941 7000 www1plarro,pov Re: First Amendment to the Agreement Between the City of Plano, and The City of The Colony for Providing Potable Water Service to a Portion of The Colony Dear Mr, Powell. On November 14, 2011, Plano City Council approved the First Amendment to the Agreement Between the City of Plano and the City of The Colony for Providing Potable Water Service to a Portion of The Colony. Enclosed is one fully executed original for your records. Sincerely, Gerald P. Cosgrove, P.E. Director of Public Works Is Enc. Phil Dyer Pat Oner L rasa srn W11 Swy Hw'ri;; Andre Davidsoo Jim Duggan RUrk* Gallagher Lee Ounkil) Bruce 0. CNassirock Mayor Mayor Pro li.,mi Deputy Mayor Flm Tern Place 2 Place 3 Place 5 Place 7 Race 8 city managni" GPC499