HomeMy WebLinkAboutR-4090-7-24RESOLUTION NO. 4090-7-24(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AN INTERLOCAL AGREEMENT WITH THE TOWN OF
FAIRVIEW, TEXAS, AND CREEKWOOD DEVELOPMENT PARTNERS, LLC,
RELATING TO PROVISION OF RETAIL WATER SERVICE TO PROPERTY IN
THE TOWN OF FAIRVIEW; AUTHORIZING ITS EXECUTION BY THE CITY
MANAGER OR DESIGNEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Creekwood Development Partners, LLC (“Owner”) owns property located within the
corporate limits of the Town of Fairview (“Fairview”) that Owner has subdivided into nine residential and
two common area lots (collectively, the “Lots”) as shown on the final plat of Creekwood Addition, an
addition to the Town of Fairview, Collin County, Texas, according to the plat recorded in Volume 2024, Page
460, Map Records, Collin County, Texas (the “Property”); and,
WHEREAS, Fairview has the exclusive jurisdiction and right to provide retail water service to the Lots
and desires that retail water service be provided to the Lots, but does not own public water facilities within a
reasonable distance from the Lots to enable Fairview to provide such retail water service; and,
WHEREAS, the City of Allen (“Allen”) owns and operates public water facilities (the “Allen Water
Facilities”) in close proximity to the Lots and is willing to provide retail water service to the Lots subject to
Fairview’s agreement to waive its exclusive jurisdiction and right to provide such service and other terms and
conditions; and,
WHEREAS, Fairview desires and has requested Allen provide retail water service to the Lots and is
willing to waive the exclusive jurisdiction and right of Fairview to provide such service; and,
WHEREAS, Owner intends, without cost to Allen or Fairview, to design and construct certain public water
facilities to connect metered lines to the Allen Water Facilities that will be extended to provide retail water
service to each of the Lots; and,
WHEREAS, City Administration has negotiated an interlocal cooperation agreement with Fairview, to which
Owner is a party, pursuant to the Interlocal Cooperation Act (i.e., Tex. Govt. Code, Section 791.001, et seq.)
setting forth the terms and conditions whereby Allen will provide retail water service to the Lots (the
“Agreement”); and,
WHEREAS, the governmental functions and services that would be provided by Allen and Fairview
through the Agreement will serve the public health, safety and welfare, promote efficiency and effectiveness
of local government and are of mutual concern to the Parties; and,
WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City
Council finds that the terms and conditions thereof are found to be acceptable and in the best interest of the City
of Allen and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1: The Agreement is hereby approved, and the City Manager, or designee is hereby authorized to
execute the Agreement 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 Agreement.
SECTION 2. This Resolution shall take effect immediately from and after its passage.