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HomeMy WebLinkAboutResolution No. 01-13 · ORIGINAL , Interlocal Agreement The Colony/Carrollton Temporary Water Service Pizza Inn May 7, 2001 CITY OF THE COLONY, TEXAS 0 I-' / A RESOLUTION APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CITY OF THE COLONY AND THE CITY OF CARROLLTON PROVIDING FOR SHORT-TERM WATER SUPPLY TO ONE BUILDING TO PROMOTE THE LOCAL ECONOMIC DEVELOPMENT AND STIMULATE THE BUSINESS AND COMMERCIAL ACTIVITY WITHIN THE COUNTY AT NO COST TO THE CITY OF THE COLONY; AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Interlocal Agreement, which is attached hereto as Exhibit "A" and made a part of this Resolution, between the City of The Colony, Texas and the City of Carrollton establishing that the City of The Colony is temporarily unable to provide water to one building currently under construction due to unforeseen construction problems and rain delays. WHEREAS, upon full review and consideration of the Agreement, and all matters attendant related thereto, the City Council is of the opinion that it is in the best interest of the citizens of The Colony and Denton County that construction of this building is not delayed, and therefore that the terms and conditions thereof should be approved, and that the City Manager shall be authorized to execute the Agreement on behalf of the City of The Colony NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the terms and conditions of the attached agreement having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interests of the City of The Colony and its citizens are hereby in all things approved. Section 2. That the City Manager is hereby authorized to execute the attached Agreement and all other documents in connection therewith on behalf of the City of The Colony, substantially according to the terms and conditions set forth in the Agreement. Interlocal Agreement The Colony/Carrollton Temporary Water Service Pizza Inn May 7, 2001 Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED on this 7th~'y of May 200~ vWilliam W. Manning, Mayor ~ ATTEST: Pamela J. Russell, TRMC, Deputy City Secretary APPROVED AS TO FORM: STATE OF TEXAS ) } INTERLOCAL COOPERATION } AGREEMENT COUNTY OF DENTON } This AGREEMENT is made and entered into by and between City of Carrollton, Texas (hereinafter referred to as "CARROLLTON") and City of The Colony, Texas, (hereinafter referred to as "THE COLONY"), which are both political subdivisions and municipal corporations. WHEREAS, both CARROLLTON and THE COLONY are engaged in the provision of water and related services for the benefit of the citizens of their jurisdictions; and WHEREAS, CARROLLTON and THE COLONY desire to enter into an agreement to allow a water customer of THE COLONY to connect to a CARROLLTON water line for emergency fire protection and water supply purposes on a temporary basis due to THE COLONY's inability to timely supply water service to this customer due to rain delays and unforeseen construction/boring problems of the connecting water main within the city limits of THE COLONY; and WHEREAS, CARROLLTON desires to aid the adjacent municipality in order that construction is not delayed on this specific parcel of property in Denton county for this construction is of mutual benefit to the residents of both cities for timely completion of the building project will benefit the tax base of the county and thus benefit all residents of the county. NOW, THEREFORE, CARROLLTON and THE COLONY, for and in consideration of the mutual undertakings hereinafter set forth and for adequate consideration given, agree and understand as follows: 1. Term. The term of this agreement shall be the period from May 1, 2001 to July 1, 2001. 2. Property. For the purposes herein stated and contemplated, CARROLLTON shall provide water service for Lot 1 , Block 1 of the P±zza Inn Corporat:e Addition, situated in the Th. h/est: Survey, Abstract No. 13/4/4 , Denton County, more commonly known by the street address: 3551 Pla'to Pk~. , The Colony, Texas (hereinafter referred to as "the Property".) 3. Limited Purposes. Such water service shall be for the purposes of testing and securing approval of 7,600 feet of pipe prior to completing the required boring under State Highway 121 and for the purpose of fire prevention on the Property; no domestic water or other taps shall be made. Backflow prevention shall be in place at all times and all other CARROLLTON, state and federal water, safety and other regulations shall be complied with by the Owner and Ccontractor on the Property. 4. Other contracts subject to this Agreement. All contracts for the construction and operation of water projects for the purposes stated herein with the Owner and Contractor of the Property (hereinafter Owner and Contractor) shall be between THE COLONY and the Owner and Contractor and shall be subject to approval by CARROLLTON prior to adoption. Additionally, all such contracts shall be subject to the terms and conditions of this Agreement. 5. After completion of the water main from THE COLONY, the water meter and backflow preventor shall be removed and the line shall be capped by the Owner or Contractor on the Property. 6. CARROLLTON shall incur no costs in this Agreement and any costs that are incurred shall be billed in accordance with the Code of Ordinances of the City of CARRROLLTON to the Owner or Contractor of the Property in accordance with normal CARROLLTON procedures. 7. Costs. Owner of the Property shall bear the entire cost of constructing, reconstructing, maintaining and operating all water projects under this Agreement and shall pay all fees in accordance with CARROLLTON's Code of Ordinances. 8. Construction and Maintenance. Approval of this Inteflocal Agreement shall not constitute a warranty by CARROLLTON or THE COLONY that the Owner or Contractor's plans or performance conform with federal, state and/or local codes and regulations applicable thereto. The Owner and Contractor shall comply with all applicable laws or ordinances of CARROLLTON. In construction, reconstruction and maintenance of said facilities, the Owner or Contractor shall keep City's premises in a neat and safe condition and in good order and operating condition, failing which, City may do so at the Owner or Contractor's expense. 9. In permitting such work to be done, CARROLLTON shall not be liable to THE COLONY or the Owner or Contractor for any damages so caused, nor shall CARROLLTON be liable to THE COLONY or the Owner or Contractor for any damages arising out of the performance of said work by CARROLLTON or its licensees, invitees, contractors or subcontractors; provided, however, nothing herein shall relieve any other person or corporation from any liability for damage to the facilities or the system. If CARROLLTON requires the Owner or Contractor to remove, alter, change, adapt or conform its facilities because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe or other underground or aboveground structure owned by C.MLROLLTON, the Owner or Contractor shall make the alterations or changes as soon as practicable when ordered in writing by CARROLLTON, without claim for reimbursement or damages against CARROLLTON. If these requirements import a financial hardship upon the Owner or Contractor, the Owner or Contractor shall have the right to present alternative proposals for CARROLLTON's consideration. If CARROLLTON requires the Owner or Contractor to remove, alter, change, adapt or conform its Facilities installed hereunder to enable any other corporation or person, including CARROLLTON, to use, or to use with greater convenience, such public rights-of-way, then CARROLLTON shall not be liable for any reimbursement, loss and expense which will be caused by, or arise out of, such removal, alteration, change, adaptation or conformation of the Owner or Contractor's Facilities; however, nothing herein shall relieve any third parties from reimbursing the Owner or Contractor for such removal, alteration, change, adaptation or conformation. 10. The Owner or Contractor shall cooperate with CARROLLTON in making any test it requires of any installation or condition which, in its judgment, may have adverse effect on any of the facilities of CARROLLTON or any Utility as that term is defined in the City's Right of Way Management Ordinance. All cost incurred by the test, or any corrections thereof, shall be borne by the Owner or Contractor. 11. Indemnification. It shall be expressly understood and agreed by and between the CARROLLTON and the Owner or Contractor that the Owner or Contractor shall defend, indemnify and hold the CARROLLTON, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses (including attomey's fees) for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the use, occupancy and maintenance of any of the Owner or Contractor's installations, improvements and equipment, from any act or omission of any representative, agent, customer and/or employee of the Owner or Contractor, or by the Owner or Contractor's breach of any of the terms or provisions of this License, or by any negligent or strictly liable act or omission of the Owner or Contractor, its officers, agents, representatives, customers, employees or subcontractors in the use, occupancy and maintenance of the Owner or Contractor's installations, improvements and equipment. 12. The indemnity provided for in this Section 11 shall expressly include indemnification for any act or omission, negligent or not, of the CARROLLTON and any agent, officer, contractor or employee of the CARROLLTON. 13. The Owner or Contractor shall provide evidence of insurance coverage in a form and amount satisfactory to CARROLLTON insuring the Owner or Contractor's liability hereunder in accordance with CARROLLTON'S Code of Ordinances. 14. The term "CARROLLTON" as used in sections 11, 12 and 13, shall include the City of Carrollton, its successors, assigns, employees and agents. 15. Notice. Notice to CARROLLTON shall be accomplished by registered or certified United States mail postage prepaid, remm receipt requested and addressed as follows: City of Carrollton City Manager's Office P.O. Box 110535 Carrollton, Texas 75011-0535 Notice to THE COLONY shall be accomplished by registered or certified United States mail postage prepaid, remm receipt requested and addressed as follows: City of The Colony City Manager's Office 6800 Main Street The Colony, Texas 75056-0008 16. Termination. This Agreement shall terminate: A. upon abandonment of said facilities or discontinuance of use as set forth in CARROLLTON's ordinances. B. upon failure of the Owner or Contractor to correct any default hereunder after receipt of written notice of said default fi.om CARROLLTON as set forth above. Upon termination of this Agreement, the Owner or Contractor shall remove said facilities and restore the premises to CARROLLTON's satisfaction, failing which, CARROLLTON may arrange to do so at the Owner or Contractor's expense. 17. Permit and Inspection Fees. Upon issuance of permits for construction of the facilities and subsequent expansions of the facilities, the Owner or Contractor shall pay to CARROLLTON such fees as required under Chapter 31 of the Code of Ordinances and all other applicable ordinances, as compensation for staff time and expenses for inspection of work. 18. Assignments. The rights granted by this Agreement inure to the benefit of CARROLLTON and THE COLONY and may not be assigned without the written approval of both parties. 19. Neither CARROLLTON or THE COLONY waive or relinquish any governmental immunities or defenses on behalf of themselves, their trustees, officers, employees and agents as a result of the execution of this Agreement and the performance of the functions or obligations hereunder. 20. This Agreement is made in Texas and shall be construed, interpreted and governed by Texas laws; venue for any disputes or actions arising hereunder shall be Denton County, Texas. 21. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party certifies to the other that any necessary resolutions extending said authority have been duly passed in accordance with all laws and are now in full force and effect. IN WITNESS WItEREOF, the parties hereto have caused these presents to be executed in duplicate by the authorized representatives. ATTEST: ~'3~ CITY OF CARROLLTON, TEXAS P.amela Schmldt ~ ~'¥~'Xj" - i Robert Scott City Secretary ~.~^ ~,,~'"x,,~ ..~_~/; Interim City Manager %,/ By authority of Council'~/t 'rr'-~ Dated: May 1, 2001~ ATTEST: CITY OF THE COLONY, TEXAS Name: Pamela J. Russell Name: Patti A. Hieks Title: Deputy City Secretary Title: Interim City Manager By authority of Council action Dated: May '7,2001