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R-2016-3660 - 7/28/2016 RESOLUTION NO. R-2016-3660 WHEREAS, the City of Round Rock ("City") has previously entered into a Wastewater Service Agreement("Agreement") with Fern Bluff Municipal Utility District ("District"); and WHEREAS, the City Council now wishes to enter into a First Amendment to the Agreement to amend Exhibit"A"to provide for reduced debt service payments,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, First Amendment to the Wastewater Service Agreement Between the City of Round Rock and Fern Bluff Municipal Utility District, a copy 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 28th day of July, 2016. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1604;00361074 EXHIBIT "All FIRST AMENDMENT TO THE WASTEWATER SERVICE AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND FERN BLUFF MUNICIPAL UTILITY DISTRICT THIS FIRST AMENDMENT TO THE WASTEWATER SERVICE AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND FERN BLUFF MUNICIPAL UTILITY DISTRICT (the "First Amendment") is dated and entered into as of the day of 2016, by and among the City of Round Rock, Texas ("Round Rock") a home-rule municipality and political subdivisions of the State (the "City") and Fern Bluff Municipal Utility District, (the"District"). RECITALS WHEREAS, Round Rock and the District have entered into that certain Wastewater Service Agreement Between the City of Round Rock and Fern Bluff Municipal Utility District, (the"Agreement") effective as of December 8, 2009; and WHEREAS, Exhibit "A" to the Agreement sets forth the debt service payments to be made by the District for the purposes of the District Capital Charge; and WHEREAS, in June 2016, the City refunded approximately $35,000,000 in Utility System Revenue Bonds to take advantage of favorable market conditions which will allow the City and District to save significant money for interest payments; and WHEREAS, the parties hereto desire to amend Exhibit "A" to provide for reduced debt service payments; 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, Round Rock and the District mutually agree to approve this First Amendment,which shall read as follows: ARTICLE 1 DEFINITIONS Section 1.1 All terms used herein shall have the meanings assigned to them in the Agreement, unless the context clearly requires otherwise. First Amendment Fern Bluff MUD-draft-7-11-16(00360594xA08F8).doc ARTICLE II AMENDED EXHIBIT A Section 2.1 The document marked "Exhibit A", and entitled City of Round Rock Texas, Remaining 2009 Bonds Plus 2016 Refunding Bonds, Fern Bluff MUD Portion Only" attached to and incorporated herein replaces the previous "Exhibit A" attached to the Agreement. Everywhere the Agreement refers to "Exhibit A," it is agreed that henceforth it will be understood to refer to the attached"Exhibit A". ARTICLE III MISCELLANEOUS Section 3.1 To the extent necessary to effect the terms and provisions of this First Amendment, the Agreement is hereby amended and modified. In all other respects, the aforesaid Agreement is hereby ratified and confirmed. Section 3.2 This First Amendment may be executed in counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF,the parties hereto acting under authority of their respective governing bodies have caused this First Amendment to be duly executed as of the day and year first above written. (SIGNATURES ON FOLLOWING PAGES) 2 FERN BLUFF MUNICIPAL UTILITY DISTRICT By: President Attest: By: Secretary 3 CITY OF ROUND ROCK, TEXAS By: Alan McGraw,Mayor Attest: By: Sara White, City Clerk 4 EXHIBIT „A» City of Round Rock,Texas Remaining 2009 Bonds Plus 2016 Refunding Bonds Fern Bluff MUD Portion Only Aggregate Debt Service Part, of Date Principal Interest Total P+1 Fiscal Total 08/01/2016 45,000.00 22,764.36 67,764.36 - 09/30/2016 - - 67,764.36 02/01/2017 - 32,893.20 32,893.20 - 08/01/2017 50,000.00 32,893.20 82,893.20 09/30/2017 - - 115,786.40. 02/01/2018 - 31,873.70 31,873.70 - 08/01/2018 50,000.00 31,873.70 81,873.70 09/30/2018 - - - 113,747.40 02/01/2019 - 30,854.20 30,854.20 - 08/01/2019 50,000.00 30,854.20 80,854.20 09/30/2019 - - - 111,708.40 02/01/2020 - 29,834.70 29,834.70 - 08/01/2020 55,000.00 29,834.70 84,834.70 - 09/30/2020 - - - 114,669.40 02/01/2021 - 28,713.25 28,713.25 08/01/2021 55,000.00 28,713.25 83,713.25 - 09/30/2021 - - - 112,426.50 02/01/2022 - 27,591.80 27,591.80 - 08/01/2022 60,000.00 27,591.80 87,591.80 - 09/30/2022 - - 115,183.60 02/01/2023 - 26,368.40 26,368.40 - 08/01/2023 60,000.00 26,368.40 86,368.40 - 09/30/2023 - - - 112,736.80 02/01/2024 - 25,145.00 25,145.00 - 08/01/2024 65,000.00 25,145.00 90,145.00 - 09/30/2024 - - - 115,290.00 02/01/2025 - 23,819.65 23,819.65 - 08/01/2025 65,000.00 23,819.65 88,819.65 - 09/30/2025 - - - 112,639.30 02/01/2026 22,194.65 22,194.65 _ - 08/01/2026 70,000.00 22,194.65 92,194.65 - 09/30/2026 - - - 114,389.30 02/01/2027 - 20,444.65 20,444.65 - 08/01/2027 70,000.00 20,444.65 90,444.65 - 09/30/2027 - - - 110,889.30 02/01/2028 - 19,569.65 19,569.65 - 08/01/2028 75,000.00 19,569.65 94,569.65 - 09/30/2028 - - - 114,139.30 02/01/2029 - 18,632.15 18,632.15 - 08/01/2029 75,000.00 18,632.15 93,632.15 Aggregate 1 7/12/2016 1 9:54 AM Specialized City of Round Rock, Texas Remaining 2009 Bonds Plus 2016 Refunding Bonds Fern Bluff MUD Portion Only Aggregate Debt Service Part 2 of 3 Date Principal Interest Total P+I Fiscal Total 09/30/2029 - - - 112,264.30 02/01/2030 - 17,600.90 17,600.90 - 08/01/2030 75,000.00 17,600.90 92,600.90 - 09/30/2030 - - - 110,201.80 02/01/2031 - 16,569.65 16,569.65 08/01/2031 80,000.00 16,569.65 96,569.65 - 09/30/2031 - - - 113,139.30 02/01/2032 - 15,369.65 15,369.65 - 08/01/2032 80,000.00 15,369.65 95,369.65 - 09/30/2032 110,739.30 02/01/2033 - 14,169.65 14,169.65 - 08/01/2033 85,000.00 14,169.65 99,169.65 - 09/30/2033 - - - 113,339.30 02/01/2034 - 12,469.65 12,469.65 - 08/01/2034 90,000.00 12,469.65 102,469.65 - 09/30/2034 - - - 114,939.30 02/01/2035 - 10,669.65 10,669.65 - 08/01/2035 90,000.00 10,669.65 100,669.65 . 09/30/2035 - - - 111,339.30 02/01/2036 8,869.65 8,869.65 - 08/01/2036 105,000.00 8,869.65 113,869.65 - 09/30/2036 - - - 122,739.30 02/01/2037 - 6,728.70 6,728.70 - 08/01/2037 105,000.00 6,728.70 111,728.70 - 09/30/2037 - - - 118,457.40 02/01/2038 - 4,587.75 4,587.75 - 08/01/2038 110,000.00 4,587.75 114,587.75 - 09/30/2038 - - - 119,175.50 02/01/2039 - 2,344.85 2,344.85 - 08/01/2039 115,000.00 2,344.85 117,344.85 - 09/30/2039 - - - 119,689.70 Total $1,780,000.00 $917,394.56 $2,697,394.56 - Aggregate 1 7/12/2016 1 9:54 AM SpecializedPublic Austin,Texas Page City of Round Rock,Texas Remaining 2009 Bonds Plus 2016 Refunding Bonds Fern Bluff MUD Portion Only Aggregate Debt Service Part 3 of 3 Yield Statistics Base date for Avg.Life&Avg_Coupon Calculations 6/21/2016 Average Life 13.426 Years Average Coupon 3.7750108% Par Amounts Of Selected Issues 09 RR util revs level MUDS(2016 ref)-FB MUD 925,000.00 2016 Utility Rev Ref(6/6)Allocations-Fern Bluff MUD 855,000.00 TOTAL 1,7809000.00 Aggregate 1 7/12/2016 1 9:54 AM SpecializedPublic