R-2023-158 - 5/25/2023 RESOLUTION NO. R-2023-158
WHEREAS, the City of Round Rock ("City"), Siena Municipal Utility District No. 1
("District"), and Hutto Independent School District ("HISD") have previously entered into that certain
Agreement for Pass-Through Wastewater Service ("Agreement") dated effective June 4, 2019; and
WHEREAS, the Agreement sets forth the terms and conditions upon which the City and HISD
may utilize the District's wastewater systems to provide wastewater service to the School Tract on a
pass-through basis; and
WHEREAS, the City, District, and HISD wish to amend the Agreement to extend the capacity
charge payment deadline and the term of the Agreement, 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 a First
Amendment to Agreement for Pass-Through Wastewater Service, 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 551, Texas Government Code, as amended.
RESOLVED this 25th day of May, 2023.
CRAIG ORG , Mayor
City of ound k, Texas
4ME
ST:
AT�N� lKS, ity Clerk
1:112.211212:4885-4189-9619
EXHIBIT
„A„
FIRST AMENDMENT TO
AGREEMENT FOR PASS-THROUGH WASTEWATER SERVICE
THIS FIRST AMENDMENT TO AGREEMENT FOR PASS-THROUGH
WASTWATER SERVICE (this "Amendment") is entered into as of , 2023 (the
"Effective Date")by and among SIENA MUNICIPAL UTILITY DISTRICT NO. 1, a political
subdivision of the State of Texas operating under Chapters 49 and 54, of the Texas Water Code
(the "District"), HUTTO INDEPENDENT SCHOOL DISTRICT, an independent school
district located in Williamson County, Texas ("HISD"), and the CITY OF ROUND ROCK, a
home rule municipality located in Williamson County,Texas(the"City"). The District,HISD,and
the City are sometimes referred to individually as a"Party"and collectively as the"Parties".
RECITALS
A. The Parties previously entered into that certain Agreement for Pass-Through
Wastewater Service dated effective June 4, 2019 (the "Agreement"), which sets forth the terms
and conditions upon which the City and HISD may utilize the District's wastewater systems to
provide wastewater service to the School Tract on a pass-through basis.
B. The Parties now desire to amend the Agreement as set forth hereinbelow.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged,the Parties agree as follows:
1. Capacity Charge Payment Deadline. The third sentence of Section 2.C.of the
Agreement is hereby deleted in its entirety and replaced with the following: "The Capacity Charge
for each of the remaining 16 LUEs will be paid within ten days after a site plan application that
includes such LUE(s)is approved by the applicable governmental authority,but in any event not
later than five years after the Effective Date(the"Capacity Charge Payment Deadline")."
2. Term. Section 11,of the Agreement is hereby deleted in its entirety and replaced
with the following: "This Agreement will be in force and effect until April 11, 2039•"
3. Defined Terms. All terms delineated with initial capital letters in this
Amendment that are defined in the Agreement have the same meanings in this Amendment as in
the Agreement. Other terms have the meanings commonly ascribed to them.
4. Effect of Amendment. Except as specifically provided in this Amendment, the
terms of the Agreement continue to govern the rights and obligations of the Parties,and all terms
of the Agreement,as amended by this Amendment,will remain in full force and effect. If there is
any conflict or inconsistency between this Amendment and the Agreement,this Amendment will
control and modify the Agreement.
{WM6851.1} 1
5. Execution, Counterparts. This Amendment may be executed in any number
of counterparts, and it will not be necessary that the signatures of all Parties be contained on any
one counterpart. All executed counterparts of this Amendment will be deemed to be originals,
but all such counterparts,when taken together,will constitute one and the same instrument.
[counterpart signature pages follow]
{W1216851.11 2
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed
effective as of the Effective Date.
DISTRICT:
SIMUNICI UT M DISTRICT NO. 1
By:
o Kue tier, resident
B ar of Directors
Date:April 19, 2023
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
This instrument was acknowledged before me on the 19th day of April, 2023,by Douglas
Kuenstler, President of the Board of Directors of Siena Municipal Utility District No. 1,on behalf
of said District.
,, KEVIN M. FLAHIVE
(S F� \
'' Notary Public,state of Texas
•: Notary ID#12978191-2 Notary Public Signature
My Commission Expires
APRIL 11, 2026
{W1216851.1} 3
HISD•
HUTTO INDEPENDENT SCHOOL DISTRICT
By: �
Printed Name:
Title: k-i P►n 1'
Date:
°���s4�= �IfitiRtllilVlSi/�
k: Idly"0 N 130705192
THE STATE OF TEXAS § F:;� i1�� 4
COUN'T'Y OF
This i trument was acknowled ed before me on the�day of
2023, by reiLa, EabA A.• of Hutto Independent School
District, an independent school district located in Williamson County, Texas, on behalf of said
independent school district.
(seal) —4j4--)
Notary Public Signature
{Wi2i6851.1} 4
CITY:
F ROUND ROCK
CITY O ,TEXAS
By:
Craig Morgan,Mayor
Date:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2023,by Craig Morgan,Mayor of City of Round Rock,Texas, on behalf of said City.
(seal)
Notary Public Signature
{Wl216851.11 5
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