Contract - Siena Municipal Utility District No. 1, Hutto Independent School District and City of Round Rock - 5/25/2023 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 M dJ1 6Z 5 , 2023 (the
"Effective Date")by and among SIENA MUNICIPAL UTILITY DISTRICI 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"C "). The District,HISD,and
the City are sometimes referred to individually as a"Par " 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 Paument 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.
R-202 3-Ise
(Wl216851.11 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:
SIEM I UTILITY DISTRICT NO. i
By:
164las Ku st er, President
V
of D' ectors
Date:Apri119, 2022
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. FLAN
( ....Bic,, IVE
Notary Public,State of Texas Notary Public Signature
"t *' Notary ID#12978191-2
'* ;;�.„�E,��.•° My Commission Expires
APRIL 11, 2026
{Wa 216851.1} 3
HISD:
HUTTO INDEPENDENT SCHOOL DISTRICT
LBy: Z&b
Printed Name: Wf Plot-
Title: ' l uL-
Date:
THE STATE OF TEXAS § '` �'� LINDA REYNAGA
1 § ,4 My Notary ID#130705192
COUNTY OF t § ''''�''bF +�' Expires June 17,2024
Th' instrument was ackilowledged before me on the Yhday of ,
2023, by '�, ri 1P�vl�r of Hutto Independent School
District, an independent school district located in Williamson County, Texas, on behalf of said
independent school district.
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Notary Public Signature
1W1216851.11 4
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THE STATE OF TEXAS §
§
COUNTY O� � Ot1M` §
This instrument �%as acknowledged before me on the __. __ day of_ h.V l
2023, by Craig Morgan, Mayor of City of Round Rock,Texas,on behalf of said City V
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