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14-R-92 - Nortex Farms Sanitary Wastewater Service, City of Cibolo, Interlocal AgreementRESOLUTION NO. 14 -R -92 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF CIBOLO RELATED TO THE NORTEX FARMS DEVELOPMENT AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the. City staff of the City of Schertz (the "City ") has recommended that the City enter into an Interlocal Agreement with the City of Cibolo relating sewer service for the Nortex Farms Development; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the City of Cibolo pursuant to the Interlocal Agreement attached hereto as Exhibit A (the "Agreement "). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS UY: /:r1A Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the City of Cibolo in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 18th day of November, 2014. CITY OF SC1 I JZ, TEXAS Michael R. Carpenter, Mayor ATTEST: Brenda Dennis, City Secretary (CITY SEAL) EXHIBIT A INTERLOCAL AGREEMENT A -1 INTERLOCAL AGREEMENT FOR SANITARY SEWER SERVICE This Agreement made and entered into as of this ay of November, 2014, between the City of Schertz ( "Schertz ") and the City of Cibolo ( "Cibolo "). Recitals Due to the proximity of development within Cibolo to the Schertz City Limits, the parties agree that the best engineering solution with respect to regional sanitary sewer infrastructure is for Cibolo to connect to Schertz's sanitary sewer system. Agreement For and in consideration of the mutual promises, covenants, benefits and obligations hereafter set forth, Schertz and Cibolo agree and contract as follows: ARTICLE I SANITARY SEWER FACILITIES Section 1.01. Design. Cibolo shall be responsible for having the Sanitary Sewer Facilities constructed within the city limits of the City of Cibolo designed and constructed in accordance with Schertz standards in a good and workmanlike manner and in accordance with all applicable rules, regulations and requirements of the governmental entities having jurisdiction over the construction of such facilities. Section 1.02. Construction. The developer(s) of subdivisions shall bare all cost and responsibility for constructing the Sanitary Sewer Facilities within their respective subdivisions. ARTICLE H OWNERSHIP, PRICE AND MAINTENANCE Section 2.01 Maintenance Fees. An Annual Line Maintenance Service Fee based on usage of 6,000 gallons per LUE per month and the Line Maintenance Fee as indicated in Exhibit A — Schedule (attached). The current rate of $19.44 per unit/per year will be paid by Cibolo to Schertz ( "Annual Fee "). This rate is subject to change yearly per Exhibit A. The Annual Fee covers the cost of sewer main maintenance from Cibolo to the Cibolo Creek Municipal Authority (CCMA) regional sewer interceptor. Said annual payment shall be due and payable to the City of Schertz at the end of each fiscal year. The payment shall be based on the number of months that each unit has been online. Units will be considered "online" when the City of Cibolo issues a certificate of occupancy. The first month of the maintenance fee shall be prorated based on the date the certificate of occupancy is issued to the unit. Section 2.02 Quality of Sewage. Cibolo shall discharge only ordinary liquid and water carried domestic sanitary sewage meeting the requirements of the CCMA industrial waste order applicable to Schertz. Section 2.03 Future Extension or Additional Capacity. If Cibolo desires to expand the capacity of any or all of the Sanitary Sewer Facilities, Cibolo may do so with the consent of Schertz. Section 2.04 Collection of Capacity Fees. The City of Cibolo shall pay the City of Schertz Capacity Fees in the amount of $1,668 per LUE to be collected at the time of issuance of the building permit for each lot. These fees will be used toward the upgrade of the sewer collection system associated with Nortex Farms. ARTICLE III GENERAL AND MISCELLANEOUS PROVISIONS Section 3.01 Regulatory Requirements. This Agreement and the obligations of the parties hereunder are subject to all rules, regulations, and laws which may be applicable by the United States, the State of Texas or any regulatory agency having jurisdiction. Section 3.02 Implied Waiver. The failure of either party hereto to insist, in any one or more instances, upon performance of any the terms, covenants or conditions of this Agreement, shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition by the other party hereto, but the obligation of such other party with respect to such future performance shall continue in full force and effect. Section 3.03 Approvals or Consents. Whenever the Agreement requires or permits approvals or consents to be hereafter given by any party hereto, such parties agree that such approval or consent shall not be unreasonably withheld. Such approval or consent shall be given in writing and shall be effective without regard to whether given before the time required herein. 2 pij�s LO, rxh IbY' ft / L This certificate is attached to a ,--page document dated entitled �v75�el��Dccl /`�.ovN' -Il�g _C�-�4aflj��waw. ACKNOWLEDGMENT CERTIFICATE State of e County of a LOO e Before me, KIDE'- y i m i c S , on this ( )ante of Notary Public day personally appeared -Robe( -t —'2- Name of signer(s) to be the person(s) whose name(s) is /are subscribed to the foregoing instrument and acknowledged to me that he /she /they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this Ca Notary Public's Signature ,,•�P;Y ►�;• PEGGY CIMICS Notary Public, State of Texas My Commission Expires °s;F�`:•'' August 07, 2018 hnm�� (Seal) l -7Y6 day of dv , ` o/y . Year Signer's Identity verified by: b—Fe—rsonally known to me ❑ Identity proven on the oath Name of credlble witness ❑ Identity proven on the basis of Deacdpuon of Identity cord or other document ©2005 American Association of Notaries, Inc. PO Box 630601 Houston, TX 77263 1 -800- 721 -2663 www.usnotanes.com is certificate is attached to a 5 wI �e document dated entitled1 I e -�jY �•�I�f�l �q l/VGf� ACKNOWLEDGMENT CERTIFICATE G; r �I C Y� State of County of EEI APO Before me, day persona. Name of signer(s) to be the person(s) whose name(s) is /are subscribed to the foregoing instrument and acknowledged to me that he /she /they executed the same for the purposes and consideration therein expressed. I Given under my hand and seal of office this day of Noy go . Year Notary Public's Signature �►� SARAH E. OLN� ?ALEZ Notaryy Public St we of Tens My Comm, Exp.10 -31 -2016 (Seal) Ser's Identity verified by: Personally known to me ❑ Identity proven on the oath Name of credible witness ❑ Identity proven on the basis of Dascrlptlon of Identity card or other document 02005 American Association of Notaries. Inc. PO Box 630601 Houston. TX 77263 1- 800 - 721 -2663 www.usnotaries_com Section 3.04 Addresses and Notices. Unless otherwise provided in this agreement; any notice, communication, request, replay or advice (herein severally and collectively, for convenience, called "notice ") herein provided or permitted to be given, made or accepted by either party to the other must be in writing and may be given or be served by depositing the same in the United States Mail, postpaid and registered or certified and addressed to the parry to be notified, with return receipt requested, or by delivering the same to an officer of such part, or by prepaid telegram or facsimile, when appropriate, addressed to the part), to be notified. Notice deposited in the mail in the manner herein above described shall conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties shall, until change as hereinafter provided, be as shown below. The parties shall have their right to specify as its address any other address in the State of Texas by at least fifteen (15) days written notice to the other city. If to Schertz to: 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager If the Cibolo to: City of Cibolo P.O. Box 642 Cibolo, Texas 78108 Attention: City Manager Section 3.05 Severability. The provisions of This Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this contract or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section or other part of this contract to the other persons or circumstances shall not be affected thereby. Section 3.06 Merger. This Agreement, together with such descriptions, terms and conditions as may be included in the Exhibits attached hereto, constitute the entire agreement between the parties relative to the subject matter hereof. There have been and are no agreements, covenants, representations, or warranties between the parties other than those expressly stated or provided for herein. Section 3.07 Cooperation. Each part hereby agrees that it will take all actions and execute all documents necessary to fully carry out the purposes and intent of this Agreement. IN WITNESS WHEREOF, the parties have executed the Agreement in multiple copies, each of which shall be deemed an original as of the date and year first written above. CITY OF SCHERTZ By: John C. Kessel City Manager (Notary Seal affixed here) CITY OF CIBOLO t By:.._ Robert T. Herrera City Manager (Notary Seal affixed here) Exhibit "A" City Line Maintenance Fee Schedule Nortex Farms Development October 2014 October 2015 October 2016 October 2017 Monthly Line Maintenance Fee $0.27 $0.36 $0.46 $0.51 Annual Line Maintenance Fee $19.44 $25.92 $33.12 $36.72 Monthly Sewer Usage: 6.000 per 1,000 Gallons Annual Line Maintenance Fee = Monthly Sewer Usage X Monthly Maintenance Fee X 12 (months) Prices are subject to change based on updated Water Study