R-892-12-88RESOLUTION NO. 892-12-88 (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, APPROVING THE SALE OF WATER BY
THE CITY OF ALLEN TO THE CITY OF PLANO TO SERVE THE
JUPITER WATER SYSTEM, INC.
WHEREAS, the legislature has authorized the formation of interlocal
assistance agreements between and among counties and cities and,
WHEREAS, the Jupiter Water System, Inc (Jupiter) is outside the City of
Allen's E . T . J . ; and,
WHEREAS, the City of Plano is acquiring Jupiter, and will assume
responsibility for providing water service and water system maintenance to
residents and customers located in Jupiter's area of service; and,
WHEREAS, Jupiter in the past has purchased the water provided to its
customers from the City of Allen, and Plano desires to continue such arrange-
ment with Allen; and,
WHEREAS, as permitted under Article 4413 (32c) V.A. C . S. , the Interlocal
Cooperation Act, Allen and Plano wish to enter into this Interlocal Agreement
to set forth the terms and conditions upon which Allen will continue to
provide water for service to Jupiter's customers;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ALLEN, TEXAS, THAT:
SECTION 1. The City Manager be and hereby is authorized to execute
the attached Interlocal Agreement; and,
SECTION 2. This resolution shall take effect immediately from and
after its passage.
DULY PASSED AND APPROVED ON THIS THE 15TH DAY OF
DECEMBER, 1988.
APPROVED:
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Farmer, MAYOR
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ATTEST
Marty Hendrix, C, CITY SECRETARY
INTERLOCAL AGREEMENT
This Agreement is made and entered into this 16th
day of December , 1988, by and between the City
of Plano, Texas, a Texas municipal corporation ("Plano") and
the City of Allen, Texas, a Texas municipal corporation
("Allen"), acting herein through their duly authorized
agents, officers and employees for the purposes set forth
herein.
WITNESSETH:
WHEREAS, Plano is acquiring the Jupiter Water System,
Inc. ("Jupiter), and will assume responsibility for
providing water service and water system maintenance to
residents and customers located in Jupiter's area of
service; and,
WHEREAS, Jupiter in the past has purchased the water
provided to its customers from Allen, and Plano desires to
continue such arrangement with Allen; and,
WHEREAS, as permitted under Article 4413(32c) V.A.C.S.,
the Interlocal Cooperation Act, Plano and Allen wish to
enter into this Interlocal Agreement to set forth the terms -
and conditions upon which Allen will continue to provide
water for service to Jupiter's customers;
NOW, THEREFORE, for and in consideration of the
foregoing, and the mutual promises, covenants and
obligations set forth herein, the parties hereto agree as
follows:
1. Allen shall from the date of Plano's acquisition of
the Jupiter Water System, Inc., continue to provide
water service to customers and residents located
within the Jupiter service area shown on the draw-
ing attached hereto and marked Exhibit "A", until
such time as Plano has completed a water service
system to provide Plano water to the Jupiter ser-
vice area. This agreement shall terminate upon
written notice from Plano to Allen of the comple-
tion of Plano's water service system and Plano's
ability to provide water to the Jupiter service
area. Plano's water service system is planned for
completion within eighteen (18) months from the
date hereof.
2. Plano shall pay Allen, upon submission of monthly
invoices, for the amounts of water used and fur-
nished to the Jupiter service area. For prepar-
ation of the monthly invoices, the master meter
for the Jupiter service area shall be read monthly
by Allen Staff and verified by a representative of
the Plano Utility Billing Staff, and the amount
payable by Plano for the water provided by Allen
shall be calculated at the prevailing rates set
forth in applicable City of Allen Ordinances.
3. Allen agrees and warrants that during the term
of this agreement Allen will provide sufficient
water to meet the needs of the existing and future
customers in the Jupiter service areas.
4. Any written notice required hereunder shall be sent
to the parties at the address set forth below the
signatures hereto.
Executed by the parties hereto on the day and year
first above written.
CITY OF PLANO, TEXAS
Thomas Muehlen ck
City Manager
P. O. Box 860358
Plano, Texas 75086-0358
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ATTEST:
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JACKIE BLAKELY, City Secrelfary
APPROVED AS TO FORM:
GARY CHATHAM, City Attorney
ATTEST:
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MARTY HENDRIX, City Secretary
APPROVED AS TO FORM:
A. DON CROWDER, City Attorney
CITY OF ALLEN, TEXAS
1 Butler Circle
Allen, Texas
Interlocal Agreement
ACKNOWLEDGMENT
STATE OF TEXAS )
COUNTY OF COLLIN )
BEFORE ME, the undersigned authority, on this day
personally appeared THOMAS H. MUEHLENBECK, City Manager of
the CITY OF PLANO, TEXAS, a municipal corporation, 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.
„ - GIVEN under Amy hand and
�CSday of
I AL
IUDY UDY N SEELYIILE
gobry Pok Eta of TM
m, cmmmw nor« OCL s, as
STATE OF TEXAS )
COUNTY OF COLLIN )
seal of office this the
1988.
nz�z
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Not y Pub c lin *ad for
th State f Texas
My Commission expires:
BEFORE ME, the undersigned authority, on this day
personally appeared Jon McCarty, City Manager of the City of
Allen, Texas, a Texas municipal Corporation, 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 Allen, Texas, for the
purposes and consideration therein expressed and in the
capacity therein stated.
QIVEN under,Ty hand/ and seal of office this the
dayof p 0C- - (,-� , 1988
* 1'sr Pus:*
JUDY MORRISON
Notary Public, M of Tarn
Sr'rF 1�}'S
Ny Commission Expiry OCL 19,1989
OF
N tary ublic in and for
e State of Texas
My Commission expires:
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