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HomeMy WebLinkAboutR-656-11-85RESOLUTION NO. 656-11-85(R) A RESOLUTION OF THE CITY OF ALLEN, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF ALLEN AND THE CITY OF PLANO, PROVIDING FOR THE DELIVERY OF POTABLE WATER TO RESIDENTS ALONG THE NORTH SIDE OF HEDGECOXE ROAD. WHEREAS, the City Council has been presented a proposed Agreement between the City of Allen and the City of Plano providing for the delivery of potable water to residents, Mr. Charles W. Fitzgerald and Mrs. Gloria Beduhn, who reside in the City of Allen, city limits, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called "Instrument"); and, WHEREAS, upon full review and consideration of the Instru- ment, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and that the City Manager, or in his absence his designee, shall be authorized to execute it on behalf of the City of Allen: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: Section I. The terms and conditions of the Instrument having been reveiwed by the City Council of the City of Allen and found to be acceptable and in the best interests of the City of Allen and its citizens, are hereby in all things approved. Section II. The City Manager, or in his absence, his designee, is hereby authorized to execute the Instrument and all other documents in connection therewith on behalf of the City of Allen, substantially according to the terms and conditions set forth in the Instrument. Section III. This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THIS THE 7th DAY OF November, 1985. APPROVED: Don Rodenbaugh, MAYOR TTEST: &Rv Marty Hendrix, IC ITY SECRETARY Attachment to Resolution No. 656-11-85(R) AGREEMENT THIS AGREEMENT is made by and between the City of Allen, Collin County, Texas, and the City of Plano, Collin County, Texas with reference to water service for Charles W. Fitzgerald and Gloria Beduhn, which is described more particularly hereinafter. WHEREAS, Charles W. Fitzgerald, and Gloria Beduhn are residents within the unincorporated area of Collin County, but within the exclusive extra -territorial jurisdiction of the City, of Allen; and, WHEREAS, water service is not presently available from the City of Allen to these residences, but water service is conveniently available from the City of Plano; and, WHEREAS, recognizing the mutual benefits to accrue to the City of Allen, and the City of Plano, the City of Plano agrees to provide a source of water to Mr. Fitzgerald and Ms. Beduhn. NOW, THEREFORE, the parties agree as follows: 1. The City of Allen and the City of Plano mutually agree to cooperate to serve water by means of individual taps to Charles W. Fitzgerald and Gloria Beduhn, whose residences are situated in the extra -territorial jurisdiction of the City of Allen with the following stipulations: a. The individual services will be constructed to the City of Plano's specifications, and all costs associated with the construction, deposit, and any other costs will be at the expense of the person being served. b. Charges for water use will be billed by the City of Plano at the rates set forth in their water and sewer rate ordinance. c. A backflow prevention device must be installed to the City of Plano's specifications. Attachment to Resolution No. 656-11-85(R) d. When water service is available from the City of Allen, at sole option of the City of Allen, the meters will be changed out, and billings will then come from the City of Allen, based on rates in effect at that time. e. If the owner or lessor of the property should change, this Agreement will become void, and any further water service needed will have to be renegotiated. 2. The parties hereby represent that the undersigned persons, as evidenced by their signatures hereto, have full authority to bind the parties, and each represents that this letter outlines and contains the Agreement of the parties with reference to the service of water for the parties in question. THE CITY OF ALLEN, TEXAS IM THI -- - l - `--- -- BY: Q4 Robert W. Woodruff, Jr. City Manager ATTEST: Jackie Blakely, City Secretary The following have read this Agreement, acknowledged by their signatures, and understand that water service will be provided to them, but only under the conditions cited in this Agreement. Charle W. itzgerald Gloria Beduhn Attachment to Resolution No. 656-11-85(R) ACKNOWLEDGEMENTS STATE OF TEXAS § s COUNTY OF COLLIN § �}BEFORE ME, the undersigned authority, on this day personally appeared C2 1-O,e i A 6o D uf/AJ , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as his act and deed for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the "/rday of 1985. tary ublic in and for_ the State of Texas My commission expires: _ lo - /9- e STATE OF TEXAS s s COUNTY OF COLLIN s BEFORE ME, the undersigned authority, on this day personally appeared ( 17,eLFS Gtr. -/-/ 7-Z d"4 �D , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as his act and deed for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the of 1�E1'E/3�8F� , 1985. STATE OF TEXAS § I COUNTY OF COLLIN § ,Srk (aza_4, �- otary Oublic in and for the State of Texas My commission expires: .day BEFORE ME, the undersigned authority, on this day personally appeared ROBERT WOODRUFF, JR, City Manager of the City of Plano, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Plano, Texas, for the purposes and consideration therein expressed and in the capacity therein stated. VEN under my hand and seal of office this the day ofGp , 1985. Q:). 4 1 A (7/)� No 'y Pub in and for the State °•,, OMCIAL SEAL of exas * + JUDY MELVILLE NdmhMc,Vh dTM My commission expires: 01 Com. Egim a:<. 5, I= of' �. /D -D5 -�� RESOLUTION NO. 85-10-8 (R) A RESOLUTION OF THE CITY OF PLANO, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF PLANO AND THE CITY OF ALLEN, PROVIDING FOR THE DELIVERY, OF POTABLE WATER TO RESIDENTS ALONG THE NORTH SIDE OF HEDGCOXE ROAD. WHEREAS, the City Council has been presented a proposed Agreement between the City of Plano and the City of Allen providing for the delivery of potable water to residents, Mr. Charles W. Fitzgerald and Mrs. Gloria Beduhn, who reside in the City of Allen, city limits, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called "Instrument"); and, WHEREAS, upon full review and consideration of the Instrument, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and that the City Manager, or in his absence his designee, shall be authorized to execute it on behalf of the City of Plano: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLANO, TEXAS: Section I. The terms and conditions of the Instrument having been reviewed by the City Council of the City of Plano and found to be acceptable and in the best interests of the City of Plano and its citizens, are hereby in all things approved. Section II. The City Manager, or in his absence, his designee, is hereby authorized to execute the Instrument and all other documents in connection therewith on behalf of the City of Plano, substantially according to the terms and conditions set forth in the Instrument. Section III. This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED this the 14th day of o .tnhar , 1985. Jack Harvard, Mayor AT: Ja ie Blakely,, City Secretary AjPROVED AS TO FORM: Gary Chat m, City Attorney Attachment to 85-10-8(R) AGREEMENT THIS AGREEMENT is made by and between the City of Allen, Collin County, Texas, and the City of Plano, Collin County, Texas with reference to water service for Charles W. Fitzgerald and Gloria Beduhn, which is described more particularly hereinafter. WHEREAS, Charles W. Fitzgerald, and Gloria Beduhn are residents within the unincorporated area of Collin County, but within the exclusive extra -territorial jurisdiction of the City of Allen; and, WHEREAS, water service is not presently available from the City of Allen to these residences, but water service is conveniently available from the City of Plano; and, WHEREAS, recognizing the mutual benefits to accrue to the City of Allen, and the City of Plano, the City of Plano agrees to provide a source of water to Mr. Fitzgerald and Ms. Beduhn. NOW, THEREFORE, the parties agree as follows: 1. The City of Allen and the City of Plano mutually agree to cooperate to serve water by means of individual taps to Charles W. Fitzgerald and Gloria Beduhn, whose residences are situated in the extra -territorial jurisdiction of the City of Allen with the following stipulations. a. The individual services will be constructed to the City of Plano's specifications, and all costs associated with the construction, deposit, and any other costs will be at the expense of the person being served. b. Charges for water use will be billed by the City of Plano at the rates set forth in their water and sewer rate ordinance. c. A backflow prevention device must be installed to the City of Plano's specifications. r Attachment 85-10-8(R) d. When water service is available from the City of Allen, at sole option of the City of Allen, the meters will be changed out, and billings will then come from the City of Allen, based on rates in effect at that time. e. If the owner or lessor of the property should change, this Agreement will --. become void, and any further water service needed will have to be renegotiated. 2. The parties hereby represent that the undersigned persons, as evidenced by their signatures hereto, have full authority to bind the parties, and each represents that this letter outlines and contains the agreement of the parties with reference to the service of water for the parties in question. THE CITY OF ALLEN 1W THE CITY OF PLANO BY: The following have read this Agreement, acknowledged by their signatures, and understand that water service will be provided to them, but only under the conditions cited in this Agreement. Charles W. Fitzgerald Gloria Beduhn