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Home My WebLink AboutResolution No. 04-20 CITY OF THE COLONY, TEXAS RESOLUTION NO. 04- n¢~O A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY AND THE CITY OF LEWISVILLLE FOR THE PURPOSE OF ESTABLISHING RESPONSIBILITIES AND GUIDELINES FOR REQUESTS TO PURCHASE EMERGENCY WATER; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Manager o£the City o£The Colony, Texas, is hereby authorized and empowered to execute an knterlocal Cooperation Agreement with the City of Lewisville for the purpose of establishing responsibilities and guidelines for requests to purchase emergency water. Section 2. That a true and correct copy of the Interlocal Cooperation Agreement is attached hereto and incorporated herein. Section 3. That this resolution shall take effect immediately fi.om and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 5th day o£April, 2004. ATTEST: J i~tty-o~ilTl~5o~oanY~i Texas · ' ' , , ' ' y Secretary THE STATE OF TEXAS § INTERLOCAL § AGREEMENT FOR EMERGENCY § TREATED WATER SUPPLY BETWEEN § THE COLONY AND LEWISVILLE COUNTY OF DENTON § This Interlocal Cooperation Agreement ("Agreement") is made and entered into this 6~)' day of ~/~ ,2004 by and between the City of Lewisville, hereinafter called "Lewisville," and the City of The Colony ("Colony.") acting by and through their authorized representatives. WITNESSETH: WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code, provides authorization for local governments to enter into Interlocal Cooperation Agreements; and WHEREAS, Lewisville and Colony from time-to-time, due to equipment and system failures, have need for an emergency supply of water; and WHEREAS, it is to the mutual advantage of Lewisville and Colony to provide reciprocal terms and conditions £or an emergency supply of water in advance of actual needs; and WHEREAS, this Agreement has been authorized by the governing bodies of both Lewisville and The Colony. NOW, THEREFORE, Lewisville and Colony, in consideration of the terms, covenants, and conditions herein contained, herby agree as £ollows: I. ADMINISTRATION. For purposes of this Agreement, Lewisville shall be represented by its City Manager or his designated representative, and Colony shall be represented by its City Manager, or his designated representative. INTERLOCAL AGREEMENT Page I 63649 II. CONDITIONS OF SUPPLY. Lewisville and Colony hereby mutually agree that the intent of this Agreement is to provide a temporary emergency supply of treated water when such supply is required due to equipment or facility failures, or events beyond the control of one of the parties. Emergency connections or supply will not be made for the purpose of compensating for system deficiencies. Availability of emergency supply will be on a capacity available basis not to cause undue limitations or interference with Lewisville or Colony water system(s). IlL REPAYMENT OF EMERGENCY TREATED WATER SUPPLY/EMERGENCY SERVICES. The entity receiving an emergency supply of water shall be required to make monetary compensation at the same rate of the supplying entity's lowest commodity (volume) rate per 1000 gallons. No minimum bill shall be assessed. Compensation shall be made from the City's current revenues. IV. COST RESPONSIBILITY FOR EMERGENCY CONNECTION FACILITIES/ SERVICES. A. The term "Cost" as used throughout this Agreement shall mean the direct and indirect cost of all material, equipment and labor unless otherwise specified. B. Initial costs incurred for constructing the metering facility has been provided by Lewisville via developer contributions at the intersection of Tittle Drive and Plano Parkway. C. Unless agreed otherwise, costs for refurbishing or maintenance work inside existing metering facilities (vaults) will be shared equally by Lewisville and Colony. 1NTERLOCAL AGREEMENT Page 2 63649 D. All costs for future delivery points, if any, will be shared as mutually agreed by the parties and paid from the parties current revenues. V. NOTIFICATION REQUIREMENT. A. The party requiring emergency treated water supply* shall notify: For the City of Lewisville For the City of The Colony City of Lewisville City of The Colony Office of the City Manager Office of the City Manager 151 West Church Street 6800 Main Street Lewisville, Texas 75057 The Colony, Texas 75056 * Non-business hour notification City of Lewisville City of The Colony Water Treatment Plant 4180 Main 1400 N. Cowan The Colony, Texas Lewisville, Texas 75057 972-525-4471 972-219-3510 B. It is anticipated that notification will, due to emergency conditions, be verbal. However, the request for services and the conditions of the emergency will be confirmed in writing within five (5) business days. C.The party requiring emergency treated water supply shall be responsible for: 1. Notifying the supplying party of the need for emergency treated water supply. 2. Upon receipt of request for Emergency treated water, Lewisville shall be responsible for: a. setting of the meter or repositioning of the meter. b. conducting joint reads at the beginning of emergency and at end. VI. TITLE TO AND LOCATION OF FACILITIES. A. Location of the metering facility shall be at the intersection of Plano Parkway and Tittle Drive as shown on Exhibit A, attached hereto and incorporated herein by reference. INTERLOCAL AGREEMENT - Page 3 63649 B. Title to the initial point of service is based on ownership by Lewisville. C. If, by mutual agreement, the metering facility is discontinued, Colony agrees to return valves, piping, and fittings, and if applicable, disposal of the property on which the metering site is located to Lewisville. D. Future points of service shall be mutually agreed upon in writing by both parties as outlined in Section IV.D. VII. MAINTENANCE RESPONSIBILITY. Lewisville, having title to delivery and/or metering facilities, shall have the responsibility for routine periodic and preventive maintenance. Costs for major repairs or rehabilitation of a metering facility, not considered within the scope of routine maintenance, shall be shared as mutually determined by the parties to this Agreement in Section IV.D. VIII. ACCESS, USE AND RIGHT-OF-WAY. Lewisville and Colony agree to furnish any rights-of-way necessary within or outside of their boundaries for delivery and metering facilities. Lewisville and Colony agree to provide unlimited access and use to the metering facility and areas along the routes of delivery facilities as is necessary to maintain such facilities or operate the facility during the period of emergency. IX. CLAIMS OF LIABILITY BETWEEN THE PARTIES. Insofar as the services contemplated hereunder are performed by either Lewisville or Colony within the jurisdiction of the other entity, and to that extent only, Lewisville and Colony hereby mutually release the other party from all claims of liability for damage to property (real or personal) or persons arising directly or indirectly from the performance of any of the services provided for hereunder. INTERLOCAL AGREEMENT Page 4 63649 X. TERMINATION OR MODIFICATION. This Agreement is to remain in force for ten years from the date of execution, unless extended or terminated by mutual agreement of the parties hereto. XI. NOTICES. Any notices required to be given herein shall be deemed to have been sufficiently given to either party for all purposes hereof if mailed by certified mail, postage prepaid, addressed as follows: To the City of Lewisville To the City of The Colony City of Lewisville City of the Colony Office of the City Manager Office of the City Manager 151 West Church Street 6800 Main Street Lewisville, Texas 75057 The Colony, Texas 75056 Or to such other respective address as the parties may designate from time-to-time in writing in accordance with this notice provision. IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original, all of as the ~.~,'~x~ day of City Of Lewisville City of The Colony By ~ii~g~, Ci~t~ By Claude K Dale Cheatham, City Manager fit.test: Marty Hendrix bt ,/ Christi~ X~/ilson TRMC/CMC, City Secretary City Secretary INTERLOCAL AGREEMENT - Page 5 63649 Approved as to Form: Approved as to Form: ~y /~;~?~ ~y Ronald J. Neb'nan Robert Hager City Attorney City Attorney INTERLOCAL AGREEMENT Page 6 63649 N THE COLONY LEWISVILLE EXHIBIT A EMERGENCY RECIPROCAL TREATED WATER SUPPLY LEWISVILLE/COLONY 2004 INTERLOCAL AGREEMENT - Page 7 63649