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HomeMy WebLinkAbout2023-0323 First Amendment to Wholesale Water and Wastewater Services Contract - awaiting signatures from town.2023-0322 First Amendment to Wholesale Water and Wastewater Services Contract FIRST AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR WHOLESALE WATER SUPPLY AND WASTEWATER TREATMENT SERVICES AND WATER AND WASTEWATER OPERATIONAL SERVICES This First Amendment to Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operations Services ("First Amendment") is entered into as of March 22, 2023 between THE TOWN OF TROPHY CLUB, TEXAS, a home rule municipality located in Denton and Tarrant Counties (hereinafter "Town") and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, a conservation and reclamation District of the State of Texas in Denton and Tarrant Counties created and operating pursuant to Chapters 49 and 54 of the Texas Water Code (hereinafter "MUD"). Recitals WHEREAS, Town and MUD previously entered into that Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operations Services dated July 25, 2017 ("Contract"); WHEREAS, Town and MUD desire to amend the Contract to add additional property within Town territorial limits and for the MUD to provide wholesale water and wastewater services and operational services to the additional property under the Contract under the terms set forth herein; WHEREAS, Town and MUD also desire to amend the Contract to further define the operation, maintenance, repair and replacement of the water and wastewater infrastructure under the Contract; WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, et seq., as amended (the "Act") provides authority for governmental entities of the State of Texas to enter into interlocal contracts with each other regarding governmental functions and services as set forth in the Act; and WHEREAS, each Party hereto paying for the performance of governmental functions or services shall make such payments from current revenues legally available to the paying Party and each Party hereby finds and agrees that it is fairly compensated for the services or functions performed under the terms of this Contract. NOW, THEREFORE, Town and MUD, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: 1. Incorporation of Recitals. The foregoing recitals are agreed upon and incorporated herein as a part of this First Amendment. 2. Addition of Town Customers. The Property, as defined in the Contract, shall be expanded beyond that set forth in Exhibit "A" to the Contract to include any future Town Customers added after the effective date of this First Amendment that are within the Town corporate limits and outside MUD boundaries and are approved by the MUD pursuant to the provisions of this paragraph. The MUD 1 of 4 2023-0322 First Amendment to Wholesale Water and Wastewater Services Contract will provide wholesale water and wastewater services and operational services under the Contract for any new Town Customers that connect to the Town Water Distribution and the Town Wastewater System pursuant to Town and MUD development and service extension requirements and are approved by the MUD. Town will notify MUD of the proposed addition of Town Customers to initiate the service extension review process, including but not limited to providing mapping and information on service extension locations, points of connection, total number of proposed lots and service demands. Within sixty (60) days after receipt of such notice and the receipt of all relevant information requested by the MUD under its service extension review process, the MUD will inform the Town whether it approves inclusion of the proposed additional service based on all relevant circumstances, including the available capacity in the MUD's water and wastewater systems and impact of the proposed service on the provision of services to existing customers of the MUD and the Town. If the MUD does not approve the provision of wholesale water and wastewater services, and Operations Services, to the proposed additional Town Customers, then the Town shall be solely responsible for furnishing retail water and wastewater services to such Town Customers from sources other than the MUD's water and wastewater systems. Under no circumstances shall the MUD be responsible for funding any improvements required for the provision of service to the new Town Customers, and the MUD may condition approval of service to new Town Customers on the funding and construction of facilities identified by the MUD as conditions of service. New Town Customers added pursuant to this First Amendment shall be billed in accordance with that Interlocal Agreement for Utility Billing Services between the parties dated September 20, 2016, as amended and/or restated. The parties agree that the certified assessed valuation of any taxable property included within the Town corporate limits shall be included in the calculation of the Certified Assessed Valuation under the Contract. 3. Repair and Replacement. In the event the MUD approves the provision of wholesale water and wastewater services, and Operation Services, to new Town Customers, then the MUD shall provide Operations Services for the new Town Customers (including maintenance and operation of any extensions of the Town Water Distribution and Town Wastewater Collection constructed for service to such customers) in accordance with the same standards set forth in Section 5.2 of the Contract. 4. General Terms and Conditions. a. In the event of any conflict between the Contract and this First Amendment, the terms of this First Amendment shall control. b. All capitalized terms used but not defined herein shall have the same meanings as defined in the Contract. c. Except as expressly set forth in this First Amendment, the Contract otherwise is unmodified and remains in full force and effect. Each reference in the Contract to itself shall be deemed also to refer to this First Amendment. 2 of 4 2023-0322 First Amendment to Wholesale Water and Wastewater Services Contract d. This First Amendment may be executed in duplicate counterparts, each of which will be deemed an original. e. Each of the parties represents and warrants that it has the right, power, legal capacity, and authority to enter into and perform its respective obligations under this First Amendment. [SIGNATURES TO FOLLOW ON NEXT PAGE] 2023-0322 First Amendment to Wholesale Water and Wastewater Services Contract IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute this First Amendment on the dates set forth below. ATTEST: By Name: Anita Title: Town Secretary Date: ATTEST: !7'f By: — Name: L'aurie Slaght TOWN OF TROPHY CLUB, TEXAS By Name: Alecia Fleury Title: Mayor Date: TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 By: Name: Kevin R. Carr Title: President, Board of Directors Date: March 22, 2023 Title: District Secretary Date: March 22, 2023 4 of 4