HomeMy WebLinkAboutOrdinance No. 188 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORI-
ZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE
COLONY MUNICIPAL UTILITY DISTRICT NO. 1 FOR SANITATION SERVICE
CUSTOMER BILLING BASED ON 5% OF COST; ATTACHING THE APPROVED
FORM OF THE AGREEMENT AS EXHIBIT "A"; AND PROVIDING AN EFFEC-
TIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
SECTION 1. That the City Manager of the City of The Colony,
Texas, is hereby authorized to enter into an agreement with The Colony
Municipal Utility District No. 1 for sanitation service customer billing at
a cost of 5% of the collection and disposal rate charged to each customer.
The approved form of such agreement is attached hereto as Exhibit "A",
and made a part hereof for such purposes.
SECTION 2. This Ordinance shall take effect immediately from
and after its passage by the City Council of the City of The Colony, Texas.
~/ULY PASSED BY THE CITY COUNCIL ON THE ~/ DAY OF
ATTEST: APPROVED:
Y' SECRET ARY
APPROVED AS TO FORM:
CITY ATTORNEY
TE OF TEXAS )
COUNTY OF DENTON I )
AGREEMENT FOR BII.I,ING SERVICES
This Agree~ntil~s made as of the day of
1981, by and beL~v'een The Colony Muoicipal lhitily District No. I of Denton County,
Texas ("DistricU~,)'and the City of The Colony, T~,xas ('Cily ") after approval
of resolution or ordinance of their respective governing hodi~,s authorizing the
execution hereof, and accordingly, the parties agree as follows:
1. Pursuant to Article 4413 (32,c), Texas Rcviscd Civil Statutes, District
and the City hereby agree, under the terms hereof, ~o the District providing
billing and routine collection services for City's solid waste collection and disposal
services.
2. District agrees to charge and collect as a part of ~c regular billing system
such amounts as from time to time are to bc charged to ~hc District customers
by City for solid xvaste collection and dispo:~al. Thc [)arlie:; agroe that until further
notice in writing by City, the charges lo be hillt,d and colh.c'tcd shall bi; for
residential solid waste collection services (i) a base fee of $4.34 per month plus
(ii) a $.23 monthly franchise fee, and (iii) a $.23 momh]¥ cost of collection fee.
3. By the 8th working day of each month, thc l)i~Iri¢l >;}t;tll notify the City
of the number of active residential accounls being billed lot ~;anilation collection
services. By the last working day of ~'ach calendar montt~, lhe I)i.";trict will forward
to the City all revenues billed for saniiation coll('ction s~,rvi('t,s from the previous
month less the District's charge for billing ai~d colh-cting all acliw~ rosictential
accounts. The cost of billing each aclive account .'~ha]] })t! ba~d on a formula
of 5% of the base fee for residential solid waste coUeclion aud clispo~al.
4. City agrees to provide the District writtr'n nolie~: of :ti] r~':ulalions, laws,
ordinances, and resolutions pertaining to solid wash, disqaos;a':, inch.ling but not
limited to, pick-up schedules, customer complain! procedurt,s and container regulations.
Any new or amended regulation, law. ordinance or I'~'~;ohllhm aftecting the District's
billing or collection services for City shall bc provided lo I)i~dricl in amplc ti~ne
(but not less than 60 days) for coordination or imphmienlation by tim District.
The District shall be consulted whenever posaihh, prior to passage of any such
regulations, laws. ordinances or resolution..; in orch.r lo facilitate an orderly system
of billing and collecting.
5. The duty of the District to submit bi]l:;, coil{y! paymorll~;, and r,mfit funds
to the City as set forth herein shall c'onstiluto ils :;cie respon~;ibilily lo the City
for solid waste disposal. City agrees to accepl r~'~;ponsibility for all (*fi]er aspects
of the solid waste disposal system, inchlding all but nol ti~nited to:
(a) Awarding contracts to solid ~x,t~;lt'
(b) Rate (letermination, exeepl h)r tlm I)iy;trict t'~'irri})llr:i~'m(,l~t of
which shall be always mutually agreed upon by Distric! and Cily.
(c) Customer relations, including ot>~,rath)l~:;
~.rl service problems,
much and so inf0rlning the District, '
(el Coll~Ciion or disposal of residential solid wa,';te:¢, including garbage,
rubbish and bulky'items as defined in C~ty Ordinance No.
(. City ague'es to provide Dislricl limply informalicm conc~,vning the persons
who are and who are not to be billed for' solid wasle dimposal. Un]ess otherwise
notified in wrtlt!~g~ by the last day of lin, prcviou:~ monlh, the District shall assume
that & bill is to be sent to every person or ontity lo whom il would otherwise
send a water an~ sewer bill and [hat each such recipient can be considered a
lawfully owed accou:nt to the City for th~ City having provided solid waste collec-
tion ~nd disposal services. City hereby af~rees lo defend against and to indemnif~
and hold District harmless from any and all claims, liability, expense (including
attorney's fees), costs and damages arising Otll ot the Cily's aolict waste collec-
tion and disposal system.
7. District's obligation to collcct an accot~nt for the City shall terminate
with the submission to a person or entity of the same numbcr of billings which
it would send to collect for water and sewer servicc~;. I)iv::~ict will notify City,
whenever, under its collection procedurcv;, it has dis(:onnccted water service to
any person, and the City shall decide whether lo conlinue ..o~,d'; waste collection
and d;sposa] service, and, if continued, how to collect any amounts owed. In
the event that either or both City or District in~titu~cs ]cNal action to ¢;ollcct unpaid
charges, each will cooperate with thc other Io the cxlent required to successfully
prosecute such matters. Prior to h~stitulioa of su~}~ a('liou:;, the City Manager
and tl~e District Manager shall meet and determine multla[ ~dFalcgy and sharing
costs, if any.
8. This agreement shall commence as of January 1. [982, (the first billing
to be sent at the next regularly scheduled billing cycle thereafter) altd have a
duration of one year, after which this agreement M~all continue in el!crt until
termintted upon 120 days written noticc })y OIIC party Io thc other.
9 The part[cs agree by their signatures to this agreement lhal ali necessary
notice:; and approvals have been made or obtained to make this a~rezr~ ~rtt a valid
and binding obligation of the party signing.
10. All notices referred to herein shah hc del[yin'ed or mailed le the part[cs
at the following addresses:
THE COLONY MUNICIPAL UTILITY TItE CITY .OF 'FILE COi,ONY, TEXAS
DISTRICT NO. 1 OF DENTON COUNTY, 5576 North Colony I}oulcvard
TEXAS Thc C,dopy, Texa!; 75(15~
Route 3 Altenlien: City Manager
Lewisville, Texas 75056
Attention: District Manager
'l'fll,i C()I,£)NY MUNICIP,,*~!, U'IILITY
I)t,~TRIC]' NO. 1 OF DI~NTf)N
TEST: (7()lINTY, TEXAS
Secretary
ATTEST: ~~ 'TH[7 CITY OF TIll; t;OI,ONY, TFiXAS
City S~:cretary