Loading...
HomeMy WebLinkAboutOrdinance No. 193 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1 FOR EXCHANGE OF SERVICES; ATTACHING THE APPROVED FORM OF THE AGREEMENT AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE 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 interlocal agreement with The Colony Municipal Utility District No. 1 for the exchange of services between the two governmental entities. 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. DULY PASSED BY THE CIT~O~qCIL OF THE CITY OF THE COLONY, TEXAS, ON THE / DAY OF 1982. APPROVED: CO NORT%I, MAYOR PRO TEM ATTEST: J~K;E CARROLL, CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY INTERLOCAL COOPERATION AGREEMENT This Agreement is entered into by authority of Article 4413(32c), the Interlocal Cooperation Act, on the /<'~/ day of /~-~ , 1982, by and between the City of The Colony, Texas, and Tile Colony MuniciPal Utility District No. l, each of them a local government organized and operating under the laws of the St~te of Texas, and is to witness the following: WHEREAS, the parties have generally identical boundary limits in Del,ton County, Texas; and, WHEREAS, the parties desire to reflect an agreement for the joint performance of governmental and administrative functions and services ns authorized by the act; NOW, THEREFORE, the parties i~ereto agree and contract as follows: I. The parties agree and understand that the exchange of functions and services contemplated by this A~reement will be done and perforn~ed at a cost substantially equivalent to the actual cost of providing slich fanction or service, and that such exchange of functions and services by each is consideration for the other performing its functions and services. II. This Agreement shall be for a period of one (l) year from the date of its execution and shall, not more than forty-five (45) nor less than twenty (20) days prior to its termination, be reviewed by the governing body of each. Unless either of such governing bodies gives notice in writing to the other of its intent to terminate the agreement at the end of such one (1) year period, the Agreement shall be automatically renewed for an additional term of one (1) year. Such rene~m] shall continue and the Agreement be renewed annually under the same circumstances. The p~ ,~ty paying for the performance of governmental functions or services under this 'Agreement sha}l make payments therefor from current' revenues available to the paying party. III. The party providing tile service requi~'ed by this Agreement shall have the authority to apply its rules, regulations, and ordinances. IV. SPECIFIC SERVICES: (A) The District agrees to: 1. Provide maintenance and repair for City vehicles as manpower and equipment allow and as requested by the City through proper work orders 2. Provide unleaded gasoline and diesel fuel with the necessary pumping facilities. 3. Give priority to the maintenance and repair of fire and ambulance vehicles. 4. Maintain records of supplies, parts, fuel and man-hours used in providing this service and bi]/ the City monthly according to the following: (a) Labor at cost as agreed by the Manager of each entity. (b) ltours according to Chilton's Flat Rate and Labor Guide. For vehicles and equipment not listed in the Guide, the actual time required to perform the task will be charged at cost. (e) Parts will be charged tit cost plus fifteen (15%) percent. (d) Gas will be charged at cost plus five (5%) percent. (B) The City agrees to make all payments for the services and materials furnished under this paragraph in a timely manner within twenty (20) days of receipt of invoice from the District. V. TAX COLLECTION AND ASSESSMENT: The District agrees to: 1. Provide a Tax Assessor-Collector who shall carry out the duties and responsibilities of that office .for the City. 2. Deposit those funds collected for the City directly into the City's account whenever possible and in all other cases make payment by check as soon as all accounting procedures have been completed. 3. Provide for and pay a Board of Equalization. Such Board shall be appointed by the Board of Directors of the District in a timely manner for the District and the City. 4. Prepare and mai! for the City one delinquent tax notice to cach delinquent City taxpayer· After such notification, the District shall deliver to the City a current list of delinquent taxpayers and the City shall thereafter be responsible for any collection efforts relative to such delinquent taxpayers. 5. Provide tax records during business hours for any independent audit the City may perform, at its sole expense, in regard to the performance of tile tax services. 6. Deliver a duplicate set of tax records applicable to the City upon payment to tile District of the costs of duplicating such records. The tax services contemplated by this paragraph shall be continued in accordance with the terms of this agreement unti! they are terminated as provided herein or tmtil such services' are provided by the Denton County Tax Appraisal District ander the provisions of the Property Tax Code. VI. COMPUTER SERVICES: The District agrees to: 1. Perform Electronic Data Processing services necessary to · provide a monthly financial statement consisting of departmental expenditures and revenues. 2. Provide all the necessary equipment and supplies necessary to produce twelve (12) copies of the monthly statement. 3. Cooperate with the City in expanding the Data Processing function to include payrolls, accounts payable and other reporting functions at a future date. 4. Maintain records of computer and operator time, supplies and materials used in providing this service. VII. GROUNDS MAINTENANCE AND MOWING: The City agrees to: 1. Provide all reasonable and necessary grounds maintenance and mowing for all District property to inchlde equipment and personnel equivalent to a total of four handred (400) hours per year and al! necessary fuel, supplies and tools. 2. Provide the necessary work order forms for the District to properly schedule work. 3. Maintain records of equipment and man-hours ~sed in providing grounds maintenance for thc District. VIII. DISPATCHING AND TELEPHONE SERVICE: The City agrees to: 1o Provide the equipment and personnel necessary for radio dispatching and telephone answering services after normal work hours and on weekends. 2. Maintain records of calls made and received for the District. IX. ENFORCEMENT: (A) The City agrees to: 1. Enforce the rules and regulations of the District and through its Police Officers exercise the power of Peace Officers of the District as if they were employed by the District. 2. Provide Police Officers for making appropriate arrests when an offense occurs on or against the District property. 3. Cause its Police Officers to ~ppear in Court ~s witnesses in the trial of ~ny violator of the District's rules or regulations. 4. Be solely responsible for compense~ting its Police Officers who shall remain City employees at all times. (B) The District agrees to: Keep the City and its Police Department informed of all its rules and regulations by providing certified copies of the Water and Sewer Cnde with those amendments or additions that are passed from time to time by the Board of Directors of the District. X. Both the District and the City agree to join together as a group to provide the best health, life and dental group insurance available to them at the lowest prices. Such policies will be secured and maintained by tile District and City jointly as permitted and as required by the Insurance Code. XI. This Agreement will become effective immediately upon approval of a resolution or ordinance by the respective governing bodies of the District and the City and shall remain in effect until terminated as provided herein. XII. Notwithstanding any other provision of this Agreement, either party hereto may terminate all or any part of this Agreement upon sixty (60) days written notice to the other. XIII. Neither the District nor the City shall be liable for the completion of any work included in this Agreement when the delay is caused by reason of or account of any act of God, unavoidable accident or other circumstances beyond its control. Each party shall hold the other harmless for any claims arising out of thc operation or use of any vehicles, equipment, personnel, or property that are included in this Agreement, and shall ~'~t all times during tile term hereof maintain adequate liability insurance on any such property or personnel to be used in tile performance of any function or service contemplated by this Agreement. XIV. In the event one or more of the provisions of this Agreement shall for any reason be held or determined to be invalid or illegal for any reason, such invalidity or illegality shall not affect any other provision hereof, and tile parties declare that they would have entered'into this Agrce~nent without such provision in any event. X¥o This Agreement shall be governed by and construed under the laws of the State of Texas and the obligations created hereunder are performable in Denton County, Texas. XV1. ALl prior and contemporaneous agreements between the parties hereto are incorporated herein. EXECUTED in duplicate originals on the date first written above. CITY OF Tt~E COLONY, ~,EXAS MAYOR PR() T EM ATTEST: CITY SECRETARY ' THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1 By: President, Board of Directors ATTEST: SECRETARY