Contract - City of Leander - 10/27/2016FIRST AMENDMENT TO THE
WASTEWATER SERVICE AGREEMENT
BETWEEN THE
CITY OF ROUND ROCK
AND THE
CITY OF LEANDER
This FIRST AMENDMENT TO THE WASTEWATER SERVICE AGREEMENT BETWEEN
THE CITY OF ROUND AND THE CITY OF LEANDER (the "First Amendment") is dated and entered
into as of the 211bay of � Lam- , 2016 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, the Cities wish to amend the Service Agreement to increase 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 them 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
$21,088.13 per month.
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 1.5 MGD of daily peak flow of
Wastewater to be delivered by Leander into the Point of Entry for the System.
First Amendment to WW Service Agreement draft PS 9 3016.docx
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 $21,088.13, 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 $21,088.13 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.
2.05 The Service Agreement, Article V. Section 5.04. Term is hereby amended to read as follows:
Section 5.04. Term. In the event that this Agreement is not terminated because of an expansion or
because of Round Rock's need for capacity, as set out above, then this Agreement shall terminate on
December 31, 2023.
ARTICLE III
MISCELLANEOUS
3.01 To the extent necessary to effect the terms and provisions of this First 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 First Amendment may be executed in counterparts, each of which shall be an original and all
of which together shall constitute by one and the same instrument.
IN WITNESS WHEREOF, the Cities 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)
CITY OF R7ND ROCK, TEXAS
Alan McGraw, Mayor
Attest:
Sara White, City Clerk
First Amendment to the Wastewater Service Agreement between the City of Round Rock and the City of Leander
CITY OF LEANDER
rissttopl r Fielder, Mayor
ATTE :
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Debbie Haile, City Secretary