Resolution 2010-10 RESOLUTION NO. 2010-10(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS TO EXECUTE TIiE WHOLESALE WATER
SUPPLY CONTRACT (KCONTRACT") BY AND BETWEEN THE CITY
OF WYLIE AND THE CITY OF PARKER AND TO EXECUTE EXHIBTT
KD" TO THE CONTRACT WHICH IS THE INTERLOCAL
AGREEMENT FOR DISCONNECTION OF PARKER WATER SERVICE
DUE TO NONPAYMENT OF CITY SEWER CHARGES BY AND
BETWEEN THE CITY OF WYLIE AND THE CITY OF PARKER; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of Wylie, Texas, the Wholesale Water Supply
Contract ("Contract") by and between the City of Wylie and the City of Parker and to execute
Euhibit "D" to the Contract which is the Interlocal Agreement for Disconnection of Parker Water
Service Due to Nonpayment of City Sewer Charges by and between the City of Wylie and the
City of Parker, which is attached hereto as Exhibit "A."
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie Texas on
this the 23'� day of February, 2010.
Ci
Eric Hogue, Mayor
ATTEST TO: O F
�7" r �..rA- Y�
C ole Ehrli City Secretary
Resolution No. 2010-10(R)
Wholesale Water Supply Contract �l�r1N�
Interlocal Agreement for Disconnecrion
City of Parker
568528-1
WHOLESALE WATER SUPPLY CONTRACT
This Wholesale Water Supply Contract ("Contract") is made and entered into this
day of 2410, by and between the City of Wylie, Texas ("Wylie"), a
municipal corporation, and City of Parker ("Parker"), a municipal coiporation.
WITNESSETH:
WHEREAS, Wylie has filed an Application with the Texas Commission on
Environmental Quality ("TCEQ") to amend its certificates of convenience and necessity
("CCNs"), numbers 10186 and 20068;
WHEREAS, Parker has protested Wylie's Application as it relates to an area of about
236 acres (the "Settlement Area"), more accurately described in Exhibit A attached hereto;
and
WHEREAS, Wylie and Parker have executed a Mediated Settlement Agreement (the
"Agreement"), attached hereto as Exhibit B, wherein Wylie agrees that Parker has the sole
Certificate of Convenience and Necessity ("CCN") to provide retail Potable Water service to
the Settlement Area and
WHEREAS, Parker operates a TCEQ approved retail water supply system and
requires a supply of Potable Water for that system within the Settlement Area; and
WHEREAS, Wylie operates a TCEQ approved retail water supply system with
t capacity currently capable of serving the Settlement Area; and
WHEREAS, the North Texas Municipal Water District ("NTMWD") supplies
wholesale Potable Water to both Wylie and Parker, and
WHEREAS, Wylie agrees to sell Parker wholesale Potable Water for retail sale to
Parker customers in the Settlement Area for the consideration and upon the terms and
conditions hereinafter set forth; and
WHEREAS, NTMWD has approved such Potable Water sale by Wylie to Parker by
letter dated February 10, 2009, attached hereto and incorporated herein for all purposes, as
Exhibit C.
NOW, THEREFORE, in consideration of the covenants and considerations set forth
herein, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
1.1 Master Meter. A flow meter to be installed on each wholesale service line that
is to provide Potable Water to the Settlement Area. Initially, a single customer
service meter may funcrion as a Master Meter if the Parties so agree.
1.2 Volume Charge. The rate per 1,000 gallons charged for Potable Water.
1.3 Point(s) of Delivery. The point, or points, where a Master Meter is installed to
provide wholesale Potable Water from Wylie to Parker.
r
1.4 Potable Water. Treated water, at the Point of Delivery, meeting the standards
of treatment established by the Texas Department of Health, TCEQ, or other
state agency of appropriate jurisdicrion, and meeting the requirements of the
Federal Safe Drinking Water Act, Title 42 U.S.C.A. 300.
ARTICLE II
SALE OF POTABLE WATER
Wylie agrees to sell to Parker and Parker agrees to purchase from Wylie at the
Point(s) of Delivery specified in Article IV herein, Potable Water at the rate specified in this
Contract and subject to the terms and conditions as set forth in the body of this Contract and
Exhibit B.
ARTICLE III
COMPENSATION
3.1 Parker shall pay to Wylie at the times and in the manner prescribed herein an
amount equal to the Volume Charge times the amount of Potable Water
actually delivered by Wylie as measured by the Master Meter(s). The Volume
Charge under this Contract shall be 100 percent (100%) the amount paid by
Wylie to NTMWD for the Potable Water delivered to Parker at the Point(s) of
Delivery.
3.2 As additional compensation, Parker has executed, concurrent with execution
of this Contract, a Sewer Service Cut-Off Agreement, attached hereto as
Exhibit D, for sewer service by Wylie to Potable Water customers of Parker in
the Settlement Area.
ARTICLE IV
POINT OF DELIVERY AND INFRASTRUCTURE
4.1 The Point(s) of Delivery for Potable Water delivered and taken under this
Contract shall be at a mutually agreed upon place, or places, where the Master
Meter(s) is/are set.
4.2 Wylie and Parker agree that the current Potable Water supply line to the
Wylie Independent School District facilities in the Settlement Area will be
looped as new customers are added in the Settlement Area. Parker shall
provide initial retail Potable Water service to the Settlement Area from the
looped line. The new customers shall incur the costs of construction and
installation of this supply line unless Wylie or Parker decide to participate in
such costs.
4.3 Wylie and Parker agree that any Potable Water service infrastructure for new
development in the Settlement Area shall be required to be in compliance
with either Wylie's or Parker's standards, whichever is more stringent.
t.
4.4 Parker agrees that it will maintain all Potable Water lines within the
Settlement Area in accordance with either Wylie's or Parker's standards,
whichever is more stringent.
4.5 The cost of any new Potable Water lines and service meters in the Settlement
Area shall be borne by the developer or individual who requests such service.
ARTICLE V
TITLE TO AND CONTROL OF WATER
5.1 Title to, possession, and control of Potable Water shall remain in Wylie to the
Point(s) of Delivery, where title to, possession, and control shall pass to
Parker.
5.2 Wylie shall be in exclusive control and possession of the Potable Water
deliverable hereunder unril the same shall have been delivered to Parker at the
Point(s) of Delivery, at which point Parker shall be in exclusive control and
possession thereof.
5.3 No provision of this Contract shall be construed to create any type of joint or
equity ownership, partnership or joint venhue of or in either party's Potable
Water supply infrastructure.
ARTICLE VI
METERING FACILITIES
6.1 Unless otherwise agreed to by the parties, Wylie and Parker agree to share
equally the cost of purchase and installation of the Master Meter(s). Wylie
shall operate, maintain, repair, and calibrate all metering equipment, including
telemetry, installed at the Point(s) of Delivery. Wylie and Parker agree to share
equally all costs of operation, maintenance, repair, and calibration of inetering
equipment.
6.2 Wylie shall maintain, and make available for Parker's inspection during
reasonable business hours, all records and computations conceming the
Volume Charge. Said records shall be kept for at least two years.
6.3 Wylie shall, during reasonable business hours, provide Parker with access to
all metering equipment, including any associated telemetry signals, used in
making any measurements under this Contract. Wylie may test the metering
equipment on its own initiative, and shall test such metering equipment for
accuracy upon request by Parker, which request shall not be made more
frequently than twice in any twelve-month period. If Parker requests testing
under this provision and the accuracy of the metering equipment is within the
tolerance of five percent (5%) Parker may be charged the cost of the tesring.
In the event the percentage of accuracy of such metering equipment is found
as the result of any testing, whether requested by Parker or performed by
Wylie on its own initiative, to be within the tolerance of 95% to 105%, such
metering equipment shall be deemed to have correctly measured the quantity
of Potable Water taken hereunder. If however, upon any test of the accuracy
tolerance, such tolerance is found to be less than 95% or in excess of 105%,
then such metering equipment shall be adjusted at once to register correctly
and accurately, and the amount paid by Parker to Wylie for the period from the
last test on that metering equipment until the current test (but for no more than
4 three months) shall be adjusted by debit or credit in accordance with the
percentage of inaccuracy found by such test. In the event such metering
equipment is out of service or out of repair and the amount of Potable Water
taken cannot be ascertained or computed by the reading thereof, the amount of
Potable Water taken during this period shall be estimated based upon the
amount of Potable Water taken in the corresponding period of the previous
year unless otherwise agreed upon by both parties.
6.4 In order to provide Wylie with addirional information on the accuracy of the
Master Meter(s) recording Potable Water sold to Parker, Parker agrees to
provide Wylie on or about April 20` and October 20` of each year, notice of
the total number of gallons of Potable Water Parker has billed its retail water
service customers in the Settlement Area for the preceding six months.
ARTICLE VII
IIVITIAL DELIVERY
Commencement of the delivery of Potable Water by Wylie to Parker under the terms
of this Contract shall be in accordance with the Article XVII of this Contract.
ARTICLE VIII
BILLING AND PAYMENT
y 7.1 For purposes of monthly billing for the period beginning
2010 and thereafter, Wylie shall read the metering equipment provided for herein on
or about the fifteenth (15` day of each month or the last working day prior thereto if
the fifteenth (15` day falls on a weekend or holiday, and shall report the total
quantity of Potable Water taken at that meter during the preceding month to Parker on
or before the tenth (10�') day of each calendar month.
7.2 Wylie shall render to Parker at the address shown herein (or such other place
as designated in writing by Parker) on or before the tenth (10` day of each
calendar month a statement showing, the following information:
the date and reading of the metering equipment at the beginning and at
the end of the period for which the statement is rendered;
the quantity of Potable Water delivered at the Master Meter(s);
the total amount due for the Potable Water delivered.
7.3 Such statement shall be due and payable at Wylie's offices in the Municipal
Building, City of Wylie, Texas (or at such other place as designated in writing by
Wylie) on or before the twenty-fourth (24` day after the receipt of such statement.
7.4 Should Parker fail to tender payment in full when due, a late charge of five
percent (5%) per annum of the total amount due will be added thereto.
ARTICLE IX
CANCELLATION FOR NONPAYMENT
In the event that Parker, without good cause, fails to make any payment to Wylie
when due hereunder, Wylie may, in addition to any other remedy available to it by law,
cancel this Contract, by written notice of such nonpayment and statement of Wylie's election
to cancel this Contract by reason thereof delivered to Parker no less than thirty (30) days
before the date for cancellation specified in such notice.
ARTICLE X
REPORT ON SERVICE CONNECTIONS
Parker agrees to provide Wylie a report of the number of retail water service
connections installed in the Settlement Area in any twelve-month period within ten (10) days
following receipt of a request for that information from Wylie, which shall not be requested
more than twice per calendar year.
ARTICLE XI
OBLIGATIONS OF PARTIES
11.1 Parker shall comply with the provisions of any water conservation/rationing
plan or program formally adopted by Wylie by Ordinance for implementation within
Wylie's corporate boundaries for Wylie's water customers. In lieu of adopting the
exact same water conservation/rationing plan or program as Wylie, Parker may
implement alternative water conservation/rationing plan or program provided said
plan or program will conserve the same or a greater amount of water as under the plan
a. or program implemented by Wylie.
11.2 Parker shall notify Wylie as promptly as possible of all emergency and other
conditions which may directly or indirectly affect the quantity and quality of Potable
Water received hereunder. Wylie shall notify Parker as promptly as possible of all
emergency and other conditions which may directly or indirectly affect the quantity
and quality of Potable Water received hereunder.
11.3 Parker shall not sell Potable Water purchased hereunder, nor allow it to be
used, for agricultural irrigation without Wylie's prior written consent.
11.4 Parker shall not resell Potable Water purchased hereunder to a public or
private water distribution company, nual water supply corporation or any industrial or
manufacturing plant or facility without Wylie's prior written consent.
ARTICLE XII
SUSPENSION OF DELIVERY
12.1 If backflow devices are not installed between Wylie's Potable Water supply
system and the Settlement Area, Wylie shall have the right to inspect and sample the
Potable Water supply system within the Settlement Area. In the event Wylie
determines that water (Potable or otherwise) from Parker's system is flowing back into
Wylie's Potable Water supply system, Wylie shall have the immediate right to
sus end delive of Potable Water rovided hereunder and to disconnect an
P rY P Y
connections with Parker's Potable Water supply system until such conditions have
been corrected.
12.2 In the event Wylie determines that it is necessary to proportionally reduce the
delivery of Potable Water to all of its Potable Water customers during the term of this
Contract, Wylie may reduce deliveries hereunder by the same proportion until such
reductions are determined to be no longer necessary. In the event of a reduction of
delivery of Potable Water, and where reasonably possible, Wylie shall give Parker not
less than ten (10) days prior written notice of such reduction and the terms of such
reduction.
ARTICLE XIII
INDEMNIFICATION
TO THE EXTENT PERMITTED BY LAW, PARKER AGREES TO INDEMNIFY AND HOLD
WYLIE, ITS OFFICERS AND EMPLOYEES WHOLE AND HARMLESS FROM AND AGAINST
ALL LIABILITY FOR ANY AND ALL CLAIMS, LIENS, SUITS, DEMANDS, AND/OR ACTIONS
FOR DAMAGES, INJURIES TO PERSONS (INCLUDING DEATH)� PROPERTY DAMAGE
(INCLUDING LOSS OF USE), AND EXPENSE, [NCLUDING COURT COSTS, ATTORNEYS'
FEES, AND OTHER REASONABLE COSTS OCCASIONED BY ANY ACT OR OMISSION OF
PARKER, ITS OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS IN CONNECTION
W[TH PARKER'S RECEIPT AND DELIVERY OF WATER PURSUANT TO THIS CONTRACT.
TO THE EXTENT PERMITTED BY LAW, WYLIE AGREES TO INDEMNIFY AND HOLD
PARKER, ITS OFFICERS AND EMPLOYEES WHOLE AND HARMLESS FROM AND AGAINST
ALL LIABILITY FOR ANY AND ALL CLAIMS, LIENS� SUITS, DEMANDS, AND/OR ACTIONS
FOR DAMAGES, INJURIES TO PERSONS (INCLUDING DEATH), PROPERTY DAMACE
(INCLUDING LOSS OF USE), AND EXPENSE, INCLUDING COURT COSTS, ATTORNEYS'
FEES, AND OTHER REASONABLE COSTS OCCASIONED BY ANY ACT OR OMISSION OF
WYLIE, ITS OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS IN CONNECTION
WITH WYL[E'S TRANSPORTATION AND DELIVERY OF WATER PdRSUANT TO THIS
CONTRACT.
ARTICLE XIV
FORCE MAJEURE
In the event either party is rendered unable wholly or in part by force majeure to
carry out its obligations under this Contract, other than the obligation to make payments of
amounts accrued and due hereunder at the time thereof, it is agreed that upon such party's
giving norice in full particulars of such force majeure in writing to the other party within a
reasonable time after the occurrence of the cause relied upon, then the obligations of the
party giving such notice, so far as they are affected by such cause, shall be suspended during
the continuance of any inability so caused, but for no longer period, and such cause shall so
far as possible be remedied with all responsible dispatch. The term "force majeure" as
employed herein shall mean interference not reasonably within the control of the party
claiming force majeure, arising out of acts of God, governmental action, strikes, lockouts or
other industrial disturbances, acts of the public enemy, wars, blockades, insurrections, riots,
epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts,
droughts, anests, and restraints of go�ernment and people, civil disturbances, explosions,
major breakage or accidents to machinery, conduits and/or pipelines, partial or entire failure
of the supply of water, extreme and unforeseeable delays in transportation and any other
causes, whether of the kind enumerated or otherwise, not reasonably within the control of the
party claiming suspension.
ARTICLE XV
TERM
This Contract shall be a binding obligation on the parties hereto from and after the
date this Contract is executed until such time as the expiration of fifteen (15) years or until
such time as sufficient infrastructure has been installed and Parker has
sufficient capacity to deliver water service to the Settlement Area in
accordance with Wylie or Parker's then applicable municipal water service
standards, whichever is more stringent.
ARTICLE XVI
ASSIGNMENT
This Contract shall be binding upon and inure to the benefit of the respective parties
hereto and their legal successors but the same shall not be otherwise assignable in whole or in
part by either party without first obtaining the written consent of the other.
ARTICLE XVII
APPLICABLE LAW
Any question or controversy which may arise hereunder shall be govemed by the
laws of the State of Texas. Venue for any actions arising under this Contract in state courts
shall lie exclusively in the courts of Collin County, Texas. Venue for any actions arising
under this Contract in federal courts shall lie exclusively in the Northern District of Texas.
ARTICLE XVIII
NOTICES
Any notice, request or other communication under this Contract shall be given in
writing and shall be deemed to have been given by any party to the other party upon either
of the following dates:
the date received, as shown by a post office receipt, if mailed to the party
hereto by registered or certified mail at the latest address specified for such
other party in writing; or
three (3) days after the date of mailing if not mailed by registered or certified
mail.
Any notice, communication, request, reply or advice herein provided or pennitted to
be given, made or accepted by either party must be in writing and addressed to:
City of Wylie
Wylie City Manager
2000 Hwy. 78 North
Wylie, Texas 75098
Parker City of Parker
City Administrator
5700 East Parker Road
Parker. Texas 75002
If either party reasonably determines there is need for emergency notice, request or
other communication under this Contract, such emergency notice may be given by facsimile
transmission to the other party if, contemporaneously therewith, the party that has determined
that an emergency exists which wamants facsimile norice provides actual notice of said
emergency notice by telephoning the other party's City Administrator/Manager or City
Attomey.
ARTICLE XIX
MISCELLANEOUS
19.1 All headings of the Articles and particular sections of this Contract have been
inserted for the convenience of reference only and are not to be considered as part of
this Contract and in no way shall they affect the interpretation of any provision of this
Contract.
r b either a of an default b the other a hereunder shall not
w 19.2 A waive y p rty y y p rtY
be deemed a waiver by such party of a default by the other party on any subsequent
occasion.
19.3 In case any one or more of the Articles, sections, provisions, clauses or words
of this Contract shall for any reason be held to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect any other Articles, sections,
provisions, clauses or words of this Contract and it is intended that this Contract shall
be severable and shall be construed and applied as if such invalid or unconstitutional
Article, section provision, clause or word had not been included herein.
19.4 This Contract contains the complete agreement between the parties with regard
to the subject matter hereof. As of the date this Contract is executed it shall supersede
all prior agreements between the parties, both oral and written, with regard to the
subject matter hereof.
IN WITNESS WHEREOF, the parties have executed this Contract in duplicate
originals on this day of 2010.
CITY OF WYLIE, TEXAS CITY OF PARKER, TEXAS
Mayor Mayor
ATTES TO:
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Ci Secretary City Secretary
APPROVED AS TO FORM:
City Attomey City Attorney
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EXHIBIT "B"
MEDIATED SETTLEMENT AGREEMENT BETWEEN
CITIES OF WYLIE AND PARKER, TEXAS
Agreement Points
December 1, 2008
1. The City of Wylie ("Wylie") will provide the City of Parker ("Parker') with a
wholesale water supply that will be utilized by Parker to provide water service
to the 236 acre area that is the subject of this dispute. The water being
provided by Wylie will be sold to Parker on a wholesale basis and will not
count against Parker's "Take or Pay" amount or Parker's 3.5 MGD limits
established by the Nortll Texas Municipal Water District ("NTMWD"),
subject to approval by NTMWD;
2. Wylie and Parker agree that the Wylie line to the school district will be
looped as new customers develop in the 236 acre azea and Parker will begin
retail service from such looped line;
3. Wylie and Parker agree that a master meter will be installed for each
wholesale service line to serve the 236 acres;
4. Wylie and Pazker agree that the two Cities will split th,e cost of purchase and
installatioii of the nlaster n�eter Y' V
5. Parker will bill their retail customers in the 236 acres;
6. Parker and Wylie agree that any water service infrastn�cture for new
development in the 236 acres will be required to be in compliance with either
Wylie or Pazker's standards, whichever is more stringent;
7. Parker agrees that it will maintain all water lines within the 236 acres;
8. Any new installation of lines and meters in the 236 acres will be borne by
developer;
9. Parker agrees to execution of a cut off agreement for sewer service, with
indemnity language included;
10. Wylie will withdraw its protest to Parker's applicatioii and Parker will
withdraw its protest to Wylie's application within 5 business days of final
execution of wholesale agreement;
EXHIBIT "C"
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NORTI-� TEXAS MUNICIPAg.
WAT�R DISTRICT
Re�iaiurl Scn•icc TlrnHrGd U�rin•
February 10, 2009
Ms. Mindy Manson
City Manager
City of Wylie
2000 Highway 78 North
Wylie, Texas 75098
Dear Mrs. Manson:
The purpose of this letter is to clarify the impact of certain agreement points between the
City of Wylie and the City of Parker with respect to each city's potable water contract
with the NTMWD. The agreement points are contained in a document titled °Mediated
Settlement Agreement Between Cities of Wylie and Pa�lcer, Texas, dated December 1,
2008.
4
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k With respect to agreement point no. 1, we offer the following:
A. Water sold by Wylie to Parker will not count against the annual maximum
demand ("take or pay") established by Parker. Water sold by NTMWD to Wylie
will remain the responsibility of the City of Wylie.
B. As long as the water sold by the City of Wylie to the City of Parker is used in
areas of the City of Wylie's city limit or ETJ, the City of Wylie will not need to
obtain authorization from the NTMWD Board of Directors.
C. Water sold by the City of Wylie to the City of Parker wili not count against the City
of Parker's current contract limit, which is calculated by multiplying Parker's daily
annual average by 2.5, which is approximately 3.2 MGD. The 3.5 MGD limit
referred to in the settlement document is a physical limitation associated with the
pipeline system serving the City of Parker.
lf you have any questions or need additional information, please contact my office.
Sincerely,
O�/YV�4'�-�
J ES M. PARKS
Ex utive Director
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S05 F. Brown St.. RO. Bn� ?�Oh. WyLc. 7cxas 75114K-��0�; Tdephnnc: 97'J�J-1? :5�i0i �ax: y7JJ-l2-5-10�
EXHIBIT "D"
INTERLOCAL AGREEMENT FOR DISCONNECTION OF PARKER WATER
SERVICE DUE TO NONPAYMENT OF CITY SEWER CHARGES
This Interlocal Agreement Agreement' is by and between the City of Wylie,
1 and the City of Parker
Texas ("City"), a Texas home rule municipal corporation,
("Parker"), a municipal corporation, for the purposes and consideration set forth herein.
RECITALS
WHEREAS, the City and Parker are both "retail public utilities" as defined in
Section 13.002 of the Texas Water Code;
WHEREAS, Parker fumishes retail water utility service to an area in southeast
Collin County defined by Certificate of Convenience and Necessity ("CCN") No. 10207
issued to Parker by the Texas Commission on Environmental Quality ('TCEQ"), which
includes certain portions of the City;
WHEREAS, the City fumishes sewer util"ity service to residents of the City, and
the City desires Parker's assistance to collect delinquent sewer service charges from
customers who receive water service from Parker; and
WHEREAS, this Agreement is made by and between the Ciiy and Parker
pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Govemment Code.
NOW, THEREFORE, the City and Parker enter into this Agreement for the
following purposes and consideration:
1. Administration of Utilitv Accounts. The City shall be solely responsible for
administering City sewer utility customer accounts, and Parker will be solely respo�sible
for administering Parker water utility customer accounts.
2. Disconnection of Water Service. Parker agrees to disconnect or terminate
water service to a customer for failure to pay undisputed City sewer charges if
requested by the City pursuant to the teRns and conditions below. The terms
"disconnected," "terminated," and "disconfinued" may be used interchangeably in this
Agreement as applied to water service and water service accounts.
(a) Notice of Termination. The City must send a notice of termination
to the customer and the District that conforms with Title 30, Texas Administrative
Code, Section 291.88(a), as it exists or may be amended, with a copy to Parker.
(b) Revuest for Termination. If the customer to whom a notice of
termination is sent fails to pay the delinquent sewer charges by the termination
date, or fails to establish that disconnection is othervvise prohibited under Parker
or state regulations, then City may deliver a written request for termination to
k Parker to have water service to that customer disconnected. The request should
INTERLOCAL AGREEMENT Page 1
566157. v 1
state the customer's name, sewer utitity account number, service address, that
the customer has failed to take required action to avoid water service
disconnection, and that the City has detennined that alt legal requirements,
including the absence of sick or disabled customers, have been met. Parker has
no duty to independently confirm the information in City's request for termination,
and may rely on City's representations. The City shall comply with the
requirements set forth in 30 Texas Administrative Code 291.88, as amended.
(c) Service Termination. Parker shall have no obligafion to disconnect
a customer's water service until it has received both a notice of termination and
request for termination from the City. Parker will use its best efforts to terminate
water service either by the next worlcday after the date Parker receives a request
for termination or on the termination date stated in the notice to a customer,
whichever is later.
(d) Comaensation to Parker. On the 10th day of each month, the City
shall pay to Parker a disconnection fee of fifty dollars ($50.00) for each water
service account disconnected by Parker at the request of the City during the
previous month.
(e) Restoration of Tem►inated Water Service. Parker will restore water
service disconnected under this Agreement within thirty-six (36) hours of
receiving notice from the City to restore a customer's service and payment of a
fifty dollars ($50.00) reconnect fee by the customer.
3. Term of Contract. The initial term of this Agreement shall be for one year
beginning on the date of final execution by all parties. This Agreement shall
automatically renew for three (3) addfional one (1) year terms unless terminated by
either party under the express provisions of this Agreement.
4. Riqht to Terminate Aareement. Either party may terminate this Agreement
at any time after giving the other party thirty (30) days written notice. However, Parker's
right to payment of disconne�tion and reconnection fees for the performance of its
obligations under this Agreement shall survive termination of this Agreement.
5. Pumose of Aareement. This Agreement is made for the purpose of
facilitating the City's collection of delinquent charges for sewer utility service. No
pa�tnership or joint venture is intended to be created hereby. Pa�lcer's sole
responsibility under this Agreement is that of the City's agent for purposes of
disconnecting water service to a customer who has failed to pay undisputed City sewer
service charges.
6. Effect on Water Service. This Agreement shall not be construed to impair
or conflict with Paricer's obligations to abide by and enforce its duly adopted rules and
regulations for the provision of retail water utility service set forth in Parker's duly
adopted water rates, as amended from time to time. This agreerr�ent has no effect on
INTERLOCAL AGREEMENT Page 2
566157. v t
Parker's legal rights to serve areas within its CCN for water in the land areas within
i Wylie or Wylie's ETJ.
R
7. Indemni TO THE EXTENT ALLOWED BY LAW, EACH PARTY
AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE
OTHER (AND ITS OFFICERS, AGENTS AND EMPLOYEES) FROM AND AGAINST
ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH),
PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES,
DEMAINS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE
ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF OR
RELATED TO OR RESULTING FROM EACH PARTY'S PERFORMANCE UNDER
THIS AGREEMENT, SAVE AND EXCEPT DAMAGES OR COSTS INCURRED
SOLELY AS A RESULT OF EACH PARTY'S NEGLIGENT ACTS OR OMISSION (OR
THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER
THIRD PARTIES F�R WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION
WITH PERFORMING THIS AGREEMENT.
IN THE EVENT OF JOINT OR CONCURRENT NEGUGENCE OF THE
PARTIES, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPAR14TIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS,
WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE
TO EITHER PARTY INDIVIDUALLY UNDER TEXAS LAW. CITY SHALL BE
RESPONSIBLE FOR ITS SOLE NEGLIGENCE. PARKER SHALL BE RESPONSIBLE
FOR ITS SOLE NEGLIGENCE. THE PROVISIONS OF THIS PARAGRAPH ARE
SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED
TO CREATE ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER
PERSON OR ENTITY.
THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT.
8. Aqency. Subject to Section 7 above, the City and Parker agree and
acknowledge that each entity is not an agent of the other entity and that each entity is
responsible for its own acts, forbearance, negligence and deeds, and for those of its
agents or employees in conjunction with the performance of work covered under this
Agreement.
9. Notices. All notices and requests from one party to the other party under
this Agreement shall be in writing and shall be delivered by personal delivery (with
certificated receipt) or certified mail, retum receipt requested, to the following address,
or by facsimile to the following telephone number:
(a� to the Ci City of Wylie
Attn: City Manager
2000 N. Hwy. 78
Wylie, Texas 75098
Fax: (972) 442-4302
INTERLOCAL AGREEMENT Page 3
566157. v 1
(b) to Parker. City of Parker
Attn: City Administrator
5700 East Parker Road
Parker, Texas 75002
Fax: (972) 442-2894
Notice given in accordance with this paragraph shall be effective upon receipt. Each
party may change the address or facsimile number for notice by giving notice of the
change to the other party in accordance with the provisions of this paragraph.
10. No Waiver of Immunitv. The City and Parker agree that neither party
waives sovereign immunity by entering into or performing its respective obligations
under this Agreement
11. Miscellaneous Provisions
(a) This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns. However, this
Agreement is not assignable by either party without the prior written consent of
the other party to this Agreement.
(b) This Agreement contains the entire agreement of the parties with
respect to the matters contained herein and may not be modified or terminated
except upon the provisions hereof or by the mutual written agreement of the
parties hereto.
(c) This Agreement shall be construed in accordance with the laws of
the State of Texas and shall be performable in Collin County. Texas.
(d) This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
(e) The individuals executing this Agreement on behalf of the
respective parties below represent to each other and to others that all
appropriate and necessary action has been taken to authorize the individual who
is executing this Agreement to do so for and on behatf of the party for which his
or her signature appears, that there are no other parties or entities required to
execute this Agreement in order for the same to be an authorized and binding
agreement on the party for whom the individual is signing this Agreement, that
each individual affixing his or her signature hereto is authorized to do so, and that
such authorization is valid and effective on the date hereof.
(fl This Agreement shall be deemed drafted equally by all parties
hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the
language herein is to be construed against any party shall not apply. Headings
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566157. v 1
in this Agreement are for the convenience of the parties and are not intended to
be used in construing this document.
(g) The parties agree to take such further actions and to sign such
further documents as may be reasonably necessary or appropriate to fu�ll the
intent of, and to complete the transaction described in this Agreement.
(h) Time is of the essence with respect to this Agreement and
performance of all provisions hereof.
(i) This Agreement shall be effective on the later of the two dates of
execution below.
AGREED T 2010.
ITY OF WYLIE, TEXAS
y: z-
Mindy Ma n, ity Manager
.�SN 7 y
ATTEST:
Carole Ehrlich, City Secretary
AGREED TO this��� day of 2010.
.�`''���Y OI� �'''••CITY OF PARKER
p
G
9
i�. �Jce Cordina, Mayor
r•
ATTEST:
�ij L
City Secretary
INTERLOCAL AGREEMENT Page 5
5661 s7. v 1