The URL can be used to link to this page

Home My WebLink AboutR-2376-2-05RESOLUTION NO. 2376-2-05(R) ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO APPROVE FIRST MODIFICATION OF INTERLOCAL AGREEMENT BETWEEN CITY OF PLANO, TEXAS AND CITY OF ALLEN, TEXAS FOR HOUSEHOLD HAZARDOUS WASTE RECYCLING AND REUSE PROGRAM; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Collin County, Texas, has been presented a request from the City of Plano for a fee increase to the Interlocal Cooperation Agreement which established the Household Hazardous Waste Recycling and Reuse Program, a copy of which is attached hereto and incorporated herein by reference; and, WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terns and conditions thereof should be approved, and that the City Manager should be authorized to execute the Agreement on behalf of the City of Allen, Collin County, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Agreement attached hereto as Exhibit "A" having been reviewed by the City Council of the City of Allen, Collin County, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the ' Agreement on behalf of the City of Allen, Collin County, Texas. SECTION 2. This resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 22"o DAY OF FEBRUARY 2005. APPROVED: Z7�so_ f==(22 Stephen Terrell, MAYOR ATTEST: 2,� Shelley B. Geo , TRMC, CI SECRETARY exat Evans Mayor Ken Lambert Mayor Pro Ten, Soon Johnson Deputy Mayor Rn Tem Shell Stahel Place Loretta Ellerte Place 3 Sally Magnuson Place Harry LaRoailiere Plue 5 Jean Callison Place Thomas H Mueblenback Cry Manager P O. Box 860358 Plano, Texas 75086-0358 972-941-7000 w cplaro.gov city of p/ono February 8, 2006 Mr. Steve Massey Director of Community Development City of Allen 305 Century Parkway Allen, TX 75013 RE: Interlocal Agreement between City of Plano and City of Allen Dear Steve: The fourth term of the Interlocal Agreement between the City of Plano and the City of Allen for the Household Hazardous Waste Recycling and Reuse Program is due to expire on February 28, 2006. If you would like to renew this agreement for another twelve (12) months beginning March 1, 2006, please indicate your agreement by signing below and returning the letter to my attention. Thank you for your attention to this matter. Please call me if you have any questions. Sincerely, e-4eZ1-� Nancy Nevil Environmental Waste Services Manager AGREED AND ACCEPTED this —4zfllay of, 2006. CITY( 6F LEN, jXAS L"V Massey x of Community FIRST MODIFICATION OF INTERLOCAL COOPERATION AGREEMENT BETWEEN CITY OF PLANO, TEXAS AND CITY OF ALLEN, TEXAS FOR HOUSEHOLD HAZARDOUS WASTE RECYCLING AND REUSE PROGRAM THIS FIRST MODIFICATION TO the Interlocal Agreement for Household Hazardous Waste Recycling and Reuse Program (hereinafter "First Modification") is made and entered into on this the _,gteday of /i' dA e.4- , 2005, by and between the CITY OF ALLEN, TEXAS, a home rule municipal corporation (hereinafter "ALLEN"), and the CITY OF PLANO, TEXAS, a home rule municipal corporation (hereinafter "PLANO"), acting by and through their respective City Managers or authorized designees. WITNESSETH: WHEREAS, on February 21, 2002 Plano and Allen entered into an Interlocal Agreement for Household Hazardous Waste Recycling and Reuse Program (the "Agreement"); and WHEREAS, the Agreement provided for Allen to use and participate in Piano's Household Hazardous Waste Recycling and Reuse Program and re -use facility (the "Program"); and WHEREAS, Allen agreed to pay Plano a monthly fee of .08¢ per single family residential household in Allen for the right to use and participate in the Program; and WHEREAS, Plano has experienced an increase in operational costs associated with operating the Program; and WHEREAS, the Parties have agreed that the monthly fee paid by Allen should be increased to .10¢ per household to reflect the increase in operational costs; and NOW THEREFORE, in consideration of the foregoing, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Plano and Allen agree to amend the Agreement dated February 21, 2002 as follows: Effective beginning March 1, 2005 and continuing through the remaining term of the Agreement, including all renewals thereof, Article IV, Paragraph I of the Agreement is hereby amended to read as follows: ..IV PAYMENT TERMS/FISCAL FUNDING 1. ALLEN agrees to pay PLANO a fee of $.10 per single family residential household in ALLEN per month for the right to utilize PLANO'S Reuse Facility in accordance with the terms of this Agreement. Such payment shall be due and payable to PLANO by the 20'e day of each month following the effective date of this Agreement. ALLEN shall provide documentation of the current number of single family residential homes located within the City of Allen with each monthly payment." FIRST MODIFICATION OF INTERLOCAL AGREEMENT PAGE 1 NACammunity Services\City Council\1st Moo -Allen Intedocal Reuse Fact 2-22-05.dw (2MM-W) The Agreement is incorporated herein as if written word for word. Except as provided below, all other terms and conditions of the Agreement shall remain unchanged and shall remain in full force and effect. In the event of any conflict or inconsistency between the provisions set forth in this First Modification and the Agreement, the First Modification shall control. IN WITNESS WHEREOF, the parties enter into this First Modification on the date first written above. CITY OF ALLEN, TEXAS By: ✓/' �"„� Peter HN&rgas CITY MP(NAGER 305 CenlarrParkway Allen, TX 75013 APPROVED AS TO FORM: �rt �-fiyrr� Peter G. Smith, CI ATTORNEY R CITY OF PLANO, TEXAS I APPROVED AS TO FORM: 7r, lane . Weth ee ATTORNEY Thomas H. Muehl nbeck CITY MANAGER 1520 Avenue K P. 0. Box 860358 Plano, TX 75086-0358 FIRST MODIFICATION OF INTERLOCAL AGREEMENT PAGE 2 N:\Community Services\City Councilllst Mod -Allen Interlocal Reuse Fact 2-22-05.dm (219/05 -KM) ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF p�fn This instrument was acknowledged before me on the day of "CLL 2005, by PETER H. VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a h e -rule municipal corporation, on behalf of said corporation. KAYDRESCHER 'i Notary Paft Slee olTses My CanvsbM apkas a'`,"�"'$ �'e x JUNE 15, 2008 STATE OF TEXAS COUNTY OF COLLIN 6'11K IJ X'4 Notary Pu lic, State of Texas hi instrument was acknowledged before me on the � day of 2005, by THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of said corporation. FIRST MODIFICATION OF INTERLOCAL AGREEMENT PAGE 3 NACommuoity SeMoeMCRy CounaRlst Motl-Allen Interlowl Reuse Fact 2-22-05 ooc (219/05 -KM) 'Notary Public, State of Texas a'`,"�"'$ �'e x BARBARA NEWELL Notary Public, 5 'q�� MY Commie oneE Taxes October W, 2007`es FIRST MODIFICATION OF INTERLOCAL AGREEMENT PAGE 3 NACommuoity SeMoeMCRy CounaRlst Motl-Allen Interlowl Reuse Fact 2-22-05 ooc (219/05 -KM)