R-2020-0328 - 11/12/2020RESOLUTION NO. R-2020-0328
WHEREAS, on May 13, 2010, the City of Round Rock ("City") entered into that one certain
Wastewater Service Agreement ("Service Agreement") with the City of Leander ("Leander"); and
WHEREAS, on October 29, 2016, the City and Leander entered into that one certain First
Amendment to the Wastewater Service Agreement to increase the Leander Contractual Flows and to
increase the Leander Base Charges; and
WHEREAS, the City Council wishes to again amend the Service Agreement to increase the
Leander Contractual Flows and to increase the Leander Base Charges, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City the Second
Amendment to the Wastewater Service Agreement with the City of Leander, a copy of same being
attached hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 5 51, Texas Government Code, as amended.
RESOLVED this 12th day of November, 2020.
d1ol,
CRAIG ORG ,Mayor
City of Round ock, Texas
ATTEST:
f
SARA L. WHITE, City Clerk
0112.20202-1 00458948
EXHIBIT
„A„
SECOND AMENDMENT TO THE
WASTEWATER SERVICE AGREEMENT
BETWEEN THE
CITY OF ROUND ROCK
AND THE
CITY OF LEANDER
This SECOND AMENDMENT TO THE WASTEWATER SERVICE AGREEMENT
BETWEEN THE CITY OF ROUND ROCK AND THE CITY OF LEANDER (the "Second
Amendment") i*s dated and entered into as of the _day of , 2020 by and between
the City of Round Rock ("Round Rock") and the City of Leander ("'Leander"), both home rule
municipalities, collectively the "Cities."
RECITALS
WHEREAS, on May 13, 2010, the Cities entered into that one certain Wastewater Service
Agreement Between the City of Round Rock and the City of Leander, (the "Service Agreement"); and
WHEREAS, on October 29, 2016 the Cities entered into that one certain First Amendment to the
Wastewater Service Agreement Between the City of Round Rock and the C40
ity of Leander to increase the
Leander Contractual Flows and to increase the Leander Base Charges; and
the Cities wish to again amend the Service Agreement to i
WHEREAS, ncrease the Leander
Contractual Flows and to increase the Leander Base Charges; and
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the
sufficiency of which are hereby conclusively acknowledged, and subject to the terms and conditions
hereinafter set forth, the Cities mutually agree as follows:
ARTICLE I
DEFINITIONS
1.01 All terms used herein shall have the meanings assigned to the in the Service Agreement, unless
the context clearly requires otherwise.
ARTICLE II
AMENDMENTS
2.01 The Service Agreement, Article I, Section 1.01. G. is hereby amended to read as follows:
G. "Leander Base Charges" means the cost allocated to Leander of the portion of Round Rock's
debt allocable to the Treatment Plant and necessary to serve Leander, which cost is hereby agreed to be
$ 28,118.00 per month.
80f38296-8Oa7-4d34-8155-00acee8fc8a2
2.02 The Service Agreement, Article I, Section 1.01. H. is hereby amended to read as follows:
H. "Leander Contractual Flows" means up to, but no more than 2.0 MGD of daily peak flow of
Wastewater to be delivered by Leander into the Point of Entry for the System.
2.03 The Service Agreement, Article IV, Section 4.04. (a) is hereby amended to read as follows:
(a) General. On or before the fifteenth day of each month, Leander shall pay its Leander Base
Charge and its Leander O & M Charge. During the term of this Agreement, Leander Base Charge for
Leander to be paid each month shall be in the amount of $ 28,118.00, which Leander and Round Rock
believe is a reasonable basis upon which to allocate said costs.
2.04 The Service Agreement, Article IV, Section 4.04. (d) is hereby amended to read as follows:
(d) In the event additional capital costs are incurred due to the repair or rehabilitation of the
Treatment Plant on behalf of Leander, the City of Round Rock reserves the right to issue additional debt
for such improvements made on behalf of Leander and to increase the $28,118.00, per month payment
accordingly. The Leander Base Charge will be amended accordingly. Except in the event of emergencies,
Round Rock agrees to provide not less than 90 days prior written notice of any such proposed repair or
rehabilitation, along with information regarding the necessity thereof, the projected costs thereof, and the
allocation of costs associated therewith to Leander.
ARTICLE III
MISCELLANEOUS
3.01 To the extent necessary to effect the terms and provisions of this Second Amendment, the Service
Agreement is hereby amended and modified. In all other respects, the aforesaid Service Agreement is
hereby ratified and confirmed.
3.02 This Second Amendment may be executed in counterparts, each of which shall be an original and
all of which together shall constitute buy one and the samei'onstru ent,,
IN WITNESS WHEREOF, the Cities hereto acting under authority of their respective governing
bodies, have caused this Second Amendment to be duly executed as of the day and year first above
written.
(SIGNATURES ON FOLLOWING PAGES)
2
CITY OF ROUND ROCK, TEXAS
Craig Morgan, Mayor
Attest0
:
Sara White, City Clerk
3
CITY OF LEANDER
Troy Hill, Mayor
ATTEST:
Debbie Haile, City Secretary
4