R-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:
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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
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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
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BARBARA NEWELL
Notary Public, 5
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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)