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Resolution 2015-26 RESOLUTION NO. 2015-26(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE AND THE WYLIE NORTHEAST SPECIAL UTILITY DISTRICT CONCERNING AN INTERIM WASTEWATER SERVICE AGREEMENT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: The City manager of the City of WYLIE, Texas is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, the Interlocal Agreement between the City of Wylie and the Wylie Northeast Special Utility district concerning an interim wastewater service agreement, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED this the 10th day of November, 2015. ERIC HOGUE, yo '� OF j'Vjl ATTEST TO: \! �(/!.mss✓ ppi CAROLE EH ICH, City Secretary 4 - 6011COLORADO .FE RA LWAV 01887® / SZ4 of TtX�'S Resolution No.2015-26(R) Interlocal Agreement Between The City Of Wylie And The Wylie Northeast Special Utility District Concerning An Interim Wastewater Service Agreement. INTERIM WASTEWATER SERVICE AGREEMENT This Interim Wastewater Service Agreement (this "Agreement") is entered into by the City of Wylie, Texas ("City"), and Wylie Northeast Special Utility District ("SUD') effective this day of , 2015 (the "Effective Date"). City and SUD are individually referred to herein as a"Party" and collectively as the "Parties." ARTICLE I RECITALS Circumstances that lead to this Agreement are as follows: 1.1 North Texas Municipal Water District ("NTMWD") owns, operates and maintains a wastewater treatment and collection system known as the Muddy Creek Regional Wastewater System (the "Muddy Creek System") pursuant to which it operates the Muddy Creek Regional Wastewater Treatment Plant("Muddy Creek Plant") for treatment of wastewater. 1.2 NTMWD and City previously entered into a contract for wastewater treatment by NTMWD of City wastewater dated effective May 27, 1999 and a contract for wastewater transmission of City wastewater dated effective May 27, 2004 (collectively, the "Wastewater Contracts"). 1.3 Under the Wastewater Contracts, NTMWD currently provides wastewater collection and treatment service for areas within City commencing at the point of entry into the Muddy Creek System generally shown on Exhibit"A"attached hereto (the"City/Muddy Creek POE"). 1.4 SUD also provides wastewater collection and service and, pursuant to an agreement with NTMWD dated effective December 20, 2010, may transport the wastewater it collects to another regional wastewater treatment facility plant operated by NTMWD that is not the Muddy Creek Plant(the "Other Regional Facility"). 1.5 SUD provides wastewater services to property located within the boundaries of Collin County Water Control Improvement District #3 ("WCID #3") pursuant to a contract dated September 3, 2008 between SUD and WCID#3 (through an assignment to WCID#3). 1.6 NTMWD and SUD previously entered into a Settlement Agreement dated effective December 14, 2010, pursuant to which (i) SUD was allowed or permitted to construct a temporary on-site wastewater treatment facility within the boundaries of WCID #3 (the "Temporary Facility'), (ii) NTMWD was to operate the Temporary Facility; (iii) wastewater from the Temporary Facility was to be discharged into Lake Lavon, and (iv) SUD was to subsequently construct a lift station and pipeline to transmit wastewater from within the boundaries of WCID #3 (the "WCID 43 Wastewater") to the Other Regional Facility to replace the Temporary Facility and the discharge into Lake Lavon. 1.7 The Parties have now determined that all Parties would best be served by (i) SUD not constructing the Temporary Facility, and (ii) not discharging the WCID #3 Wastewater from the Temporary Facility into Lake Lavon, but instead, on an interim basis, having SUD provide wastewater services within WCID #3 at this time by transporting the WCID #3 Wastewater to a point of entry located within City generally shown on Exhibit"B"(the "WCID#3/City POE") so that the WCID 43 Wastewater is transmitted through City's collection system into the Muddy Creek System to the Muddy Creek Plant as shown on Exhibit"A". 1.8 City has additional collection system capacity under the Wastewater Contracts and is therefore willing, on an interim basis, to allow SUD to use the WCID #3/City POE to transport the WCID#3 Wastewater into City's wastewater collection system and to allow such wastewater to flow through the City's wastewater collection system to the City/Muddy Creek POE as shown on Exhibit"A". 1.9 In a separate document between NTMWD and City, NTMWD has acknowledged that the Muddy Creek System has adequate capacity for the arrangement contemplated in Sections 1.7 and 1.8 and has acknowledged City may allow the WCID #3 Wastewater to flow through City's wastewater collection system on an interim basis into the Muddy Creek System and be treated at the Muddy Creek Plant; said document shall be in such form as is normal and customary for NTMWD. 1.10 SUD is willing to immediately design and construct a lift station from within WCID #3 (the "Lift Station") and a pipeline to allow the WCID #3 Wastewater to be transported to the WCID#3/City POE. 1.11 The Parties have also determined that, on a long-term basis, the procedure contemplated by the Settlement Agreement for transport of the WCID #3 Wastewater to the Other Regional Facility should not be utilized and that, instead, SUD should construct a pipeline to transport the WCID #3 Wastewater from the Lift Station to flow directly into the Muddy Creek System without going through the WCID#3/City POE. 1.12 The Parties agree and acknowledge that the Parties should work together with one another, NTMWD and other stakeholders in the Muddy Creek System to structure a mutually desirable program to plan, develop, fund, and construct long-term improvements to the Muddy Creek System, including the Muddy Creek Plant, that will allow the Muddy Creek System and Muddy Creek Plant to serve SUD, customers serviced by SUD (including WCID #3) and other Participants and customers of NTMWD. 1.13 The Parties agree and acknowledge that this Agreement will be beneficial to the regions primary water reservoir, Lake Lavon, and will provide a preparatory step for SUD and other entities to become part of the Muddy Creek System, which will benefit all Parties and stakeholders in the region by diversifying the user base and related financing of operational costs, debt service, and future capital expansion of the Muddy Creek System. Page 2 ARTICLE II ADOPTION OF RECITALS AND CONSIDERATION 2.1 Each Party acknowledges the Recitals set forth in Article II of this Agreement and agrees that such Recitals are hereby incorporated into, and made a part of, this Agreement. For and in consideration of the Recitals set forth in Article I and the representations, agreements and covenants contained in this Agreement, the adequacy and sufficiency of which are hereby acknowledged,the Parties hereby agree as set forth in the following Sections of this Agreement. ARTICLE III CONSTURCTION OF SUD INTERIM FACILITIES 3.1 Within seventy-five (75) days after the Effective Date, SUD shall provide to City a set of engineering plans and specifications (the "Plans") prepared by a registered professional engineer for the construction of a wastewater transmission system from the Lift Station to the WCID #3/City POE, which transmission system shall consist of the Lift Station, force main and companion gravity main, and meter, all of sufficient size and capacity to transport expected volumes of the WCID 43 Wastewater from the Lift Station to the WCID #3/City POE during the Term (the "SUD Interim Facilities"). The Parties anticipate that the Lift Station and portions of the pipeline set forth in the Plans may, subsequent to the Term, be used to transport the WCID #3 Wastewater from the Lift Station to a point of entry directly into the Muddy Creek System that will not utilize the WCID #3/City POE or the City's wastewater collection system. Therefore, at such time as it has prepared such plans, SUD shall provide to NTMWD a set of the engineering plans for any portion of the above wastewater transmission system that is contemplated to be used for portions of the long-term improvements to the Muddy Creek System that may be hereinafter proposed. 3.2 Within twenty (20) days after receiving the Plans, NTMWD and City shall confer as needed and shall provide any comments the entity (City or NTMWD) may have on the Plans. After receipt of such comments, SUD shall have ten (10) days to address the comments and concerns of NTMWD and City. If the Parties are unable to resolve any differences over the Plans within such ten-day period, they shall thereafter meet with one another, with each Party agreeing to work in a commercially reasonable manner to resolve such differences as expeditiously as possible. Once the Plans have been approved by City and NTMWD, City shall promptly provide written approval of such Plans to SUD. 3.3 SUD shall not commence construction of the SUD Interim Facilities until NTMWD and City have provided written approval of the Plans in accordance with the procedure set forth in Sections 3.1 and 3.2. 3.4 As between the Parties, all costs for the construction of the SUD Interim Facilities shall be the responsibility of SUD, and NTMWD and City shall have no responsibility for such costs. Except for maintenance of the meters as described in Section 4.1, all operational and Page 3 maintenance costs for the SUD Interim Facilities shall be the responsibility of SUD. 3.5 SUD agrees that the Plans and the construction of the SUD Interim Facilities shall comply with all applicable laws and regulations. ARTICLE IV MEASUREMENT OF WASTEWATER FLOWS AND LIMITATION ON FLOWS 4.1 Once the SUD Interim Facilities have been completed, SUD may commence the transmission of the WCID#3 Wastewater from the Lift Station to the WCID #3/City POE. 4.2 Ownership of the meters at the WCID #3/City POE installed for purposes of measuring the WCID #3 Wastewater flows shall be vested with City. City hereby grants a license to NTMWD and to SUD to access such meters. NTMWD shall be responsible for maintaining the meters in accordance with NTMWD's standard maintenance policy for meters. 4.3 All the WCID #3 Wastewater entering the WCID #3/City POE shall be limited to wastewater produced within the current boundaries of WCID #3 and from properties granting easements for the wastewater transmission line conveying the wastewater flow to the WCID #3 / City POE; however, any property to be provided wastewater outside of the WCID #3 shall be requested by SUD in writing and approved/authorized in writing by City prior to service being provided. 4.4 SUD agrees not to discharge a volume of WCID #3 Wastewater into the WCID #3/City POE in excess of an average daily flow of 175,000 gallons per day; a maximum (peak)day flow of 300,000 gallons per day, measured at the WCID #3/City POE; or a peak hour flow of 17,000 gallons per hour. 4.5 SUD agrees not to discharge WCID #3 Wastewater into the WCID #3/City POE that exceeds any of the following normal wastewater concentrations: (a) 275 milligrams per liter BOD(Biological Oxygen Demand); (b) 300 milligrams per liter TSS (Total Suspended Solids); (c) pH,not less than six(6)or greater than nine(9); and (d) 0.1 milligrams per liter Hydrogen Sulfide. 4.6 City agrees not to knowingly accept into the WCID#3/City POE any WCID #3 Wastewater in excess of such limitations. 4.7 City agrees to the flows of the WCID#3 Wastewater in accordance with this Article IV. 4.8 Title to all the WCID #3 Wastewater shall remain with SUD until discharged by SUD into the WCID #3/City POE, after which point title to the WCID #3 Wastewater shall pass to City until subsequently discharged into City/Muddy Creek POE, at which point title to such WCID #3 Wastewater shall pass to NTMWD. NTMWD shall have the right of re-use of the WCID#3 Wastewater treated at its Muddy Creek Plant to the extent authorized by all applicable laws and regulations. Page 4 4.9 SUD covenants that the transmission of the WCID #3 Wastewater to the WCID #3/City POE shall comply with all applicable laws and regulations. 4.10 City covenants that the transmission of the WCID #3 Wastewater from the City/Muddy Creek POE to the Muddy Creek Transmission System POE shall comply with all applicable laws and regulations and contractual provisions of City's agreement with NTMWD. 4.11 SUD shall be authorized to enter into a contract with WCID #3 authorizing the transport of WCID#3 Wastewater from the Lift Station to the WCID#3/City POE; the payment, allocation and reimbursement of the costs of constructing the Interim Facilities; the allocation and payment of the operational and maintenance costs of the Interim Facilities; and all other relevant matters as determined between such parties. 4.12 City shall continue to be responsible for maintenance and operation of City's wastewater collection and transmission system from the WCID#3/City POE to the City/Muddy Creek POE. 4.13 The Parties hereto acknowledge that NTMWD shall continue to be responsible for maintenance and operation of the Muddy Creek System according to existing agreements with City. ARTICLE V CHARGES AND PAYMENTS 5.1 SUD shall pay City charges for transport and treatment of the WCID#3 Wastewater (the "Wastewater Charges") equal to the amount derived by multiplying the number of gallons of WCID #3 Wastewater metered for the billing period times the Calculated Rate. For purposes of this Agreement, the "Calculated Rate" shall be equal to the per gallon unit cost paid by City to NTMWD pursuant to the Wastewater Contracts times a factor of 1.2. 5.2 City shall invoice SUD on a monthly basis for the Wastewater Charges. Invoices shall be prepared by City and delivered to SUD based on such billing cycle as agreed to between City and SUD and shall be consistent with the meter reading cycle at the WCID #3/City POE. SUD shall be responsible for paying such invoices within twenty (20) days after receipt. If an invoice is not paid within such time period, it shall be considered delinquent and subject to an additional charge of 5%as a late payment fee. 5.3 City shall be obligated to NTMWD for the payment of all amounts due under the Wastewater Contracts and this Agreement for transport and treatment of the WCID #3 Wastewater into the Muddy Creek System. 5.4 Either SUD or City shall have the right to request verification of the accuracy of the meters located at the WCID# 3/City POE by witnessing NTMWD calibrations. Should disagreement arise regarding the accuracy of the meters, either SUD or City shall have the right Page 5 to have an outside meter company evaluate the meters with NTMWD personnel once in any six (6)month period. ARTICLE VI TERM 6.1 This Agreement shall be for a term of three (3) years from the Effective Date unless terminated in writing by the Parties prior to the end of such three-year period. ARTCILE VII LONG TERM AGREEMENT 7.1 Within 60 days after the Effective Date, the Parties shall commence discussions with each other and with other stakeholders and NTMWD in the Muddy Creek System to structure a mutually desirable program to plan, develop, fund, and construct long-term improvements to the Muddy Creek System, including the Muddy Creek Plant, that will allow the Muddy Creek System and Muddy Creek Plant to serve SUD and other participants and customers of NTMWD. The Parties will work with one another in a commercially reasonable manner to complete a plan within twelve (12) months after the Effective Date for the construction and financing of long- term improvements to the Muddy Creek System such that SUD will be able to commence and complete construction within twenty four (24) months of a pipeline to transport WCID #3 Wastewater from the Lift Station to flow directly into the Muddy Creek System without going through the WCID#3/City POE. ARTICLE VIII REMEDIES 8.1 Each Party shall indemnify, defend and hold harmless each of the Other Parties and such other Parties' officers, agents, contractors, and employees (the "Indemnified Parties") from and against any and all risks, liabilities, liens, demands, suits, actions, losses, expenses, damages, costs (including, but not limited to attorneys' fees, accountant's fees, engineers' fees, consultants' fees and experts' fees), and claims because of injury to persons (including death) and/or injury or damage to or loss of any property or improvements to the extent arising from or caused by the acts and/or omissions of the indemnifying Party or such indemnifying Party's officers, agents, contractors, or employees in the execution of, performance under, or attempted performance under this Agreement. 8.2 The Parties acknowledge that the covenants and obligations of each Party under this Agreement are of a special nature and that any actual or threatened breach, violation, or evasion of such covenants and obligations will (a) result in damages to the other Parties in amounts Page 6 difficult to ascertain, and (b) give rise to irreparable injury to the other Parties. Accordingly, each Party agrees that the other Parties shall have a right to sue and shall be entitled to equitable relief, including without limitation, injunctive relief(in the form of a temporary restraining order, temporary injunction, and permanent injunction) and specific performance, without the necessity of proof of actual damage or posting a bond, against the actual or threatened breach, violation, or evasion of such covenants and obligations by the breaching Party in any proceeding that either of the other Parties may bring to enforce any provision of this Agreement, in addition to any other available legal remedies. 8.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE PARTIES SHALL, AND HEREBY DO, IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE, CONTROVERSY, CLAIM, OR CAUSE OF ACTION BETWEEN THEM ARISING OUT OF OR RELATING TO THIS AGREEMENT. ARTICLE IX MISCELLANEOUS 9.1 This Agreement contains the entire agreement between the parties respecting the matters herein set forth and supersedes all prior or contemporaneous agreements or understandings, verbal or written, between the parties hereto respecting such matters. This Agreement may be amended by written amendment executed by all Parties thereto, but not otherwise. 9.2 Article and Section headings in this Agreement shall not be used in construing this Agreement. 9.3 This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same document. 9.4 If any provisions of this Agreement shall, to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder this Agreement shall not be affected thereby, and every other term and provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 9.5 In the event that any Party is rendered unable, wholly or in part, to perform any of its obligations under this Agreement (by reason of act of God, failure or national moratorium of operation of the banks, transfer agents, brokers, stock exchanges or modes of transportation; or work stoppages or restrain by court order or other public authority; or action or inaction concerning governmental or regulatory authorizations; or transportation delay, or death or personal injury to a representative of a Party whose signature is necessary), upon the provision of written notice that fully relates the particulars of the claimed force majeure, including, but not limited to, the dates on which it commenced and ceased or is expected to cease by the Party Page 7 claiming force majeure to the other Party as soon as is reasonably practicable after the occurrence of the cause relied upon, the obligations of the Party claiming force majeure, to the extent they are affected by the force majeure, shall be suspended during the continuance of any inability of performance so caused. This Agreement shall not be terminated by reason of any such cause but shall remain in full force and effect. Any Party rendered unable to fulfill any of its obligations under this Agreement by reason of force majeure shall exercise the utmost diligence to remove such inability. The suspension of obligations of a Party to this Agreement pursuant to this Section 9.5 shall be added to the time specified in other provisions of this Agreement for the purpose of calculating the date on which certain conditions of this Agreement are to be satisfied. 9.6 Each Party hereby agrees that it will take all actions necessary to fully carry out the purposes and intent of this Agreement and reasonably cooperate with each other Party in doing SO. 9.7 All notices, demands or other communications given in connection with or required under this Agreement must be in writing and delivered to the person to whom it is directed; notices, demands or other communications not given in the manner set forth in this Section 9.9 shall be void and of no effect. Notices, demands or other communications may be given by hand delivery, delivery service, email, or by telecopy. Any notice, demand or other communication given by certified mail, return receipt requested, shall be deemed to have been given and received three (3) days after deposit thereof(with proper postage affixed and addressed to the party to be notified as provided herein) with a post office or other depository under the care or custody of the United States Postal Service. Any notice, demand or other communication given by means other than certified mail, return receipt requested, shall be deemed to have been given and received when actually delivered to the below stated address of the party to whom it is addressed. All notices, demands and other communications shall be given to the parties hereto at the following addresses: To City: City of Wylie, Texas 300 Country Club Rd Wylie, TX 75098 Attention: Mindy Manson Email: mindy.manson@wylietexas.go To SUD: Wylie Northeast Special Utility District P.O. Box 1029 745 Parker Road Wylie, Texas 75098 Email: chester@wylienortheastwater.com Page 8 Any Party entitled to receive notices hereunder may change the address for notice specified above by giving the other parties entitled to receive notices hereunder ten (10) days' advance written notice of such change of address. 9.8 This Agreement may be assigned by a Party only with the prior written consent of the other Parties, which consent shall not be unreasonably withheld or delayed. The other Parties may require any proposed assignee to execute a document evidencing the responsibility of assumption by the assignee of the obligations assigned under this Agreement. 9.9 This Agreement shall inure only to the benefit of the Parties hereto, their heirs, successors and assigns and third persons not privy hereto shall not, in any form or manner, be considered third-party beneficiaries of this Agreement. 9.10 The Parties agree and acknowledge that this Agreement does not create a joint venture, partnership, or joint enterprise, that each party is not an agent of the other entity, and that each Party is responsible for its own acts and omissions in conjunction with performance of this Agreement, and without waiving any rights or defenses under the laws of the State of Texas. 9.11 This Agreement shall be governed by the laws of the State of Texas. 9.12 In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in the state and federal courts located in Collin County, Texas, and each of the Parties hereto consents to the exclusive jurisdiction of such courts. 9.13 The following Exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A—Illustration of City WW Transmission Main POE connection with the NTMWD Muddy Creek System Exhibit B —Illustration of anticipated WW main (portion of long term and balance of interim) transferring wastewater from Inspiration (WCID #3) to POE with City System Executed to be effective as of the Effective Date: Page 9 THIS AGREEMENT REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE in a Regular meeting on the day of , 2015 with authorization for the City Manager and City Secretary to execute the agreement on behalf of the City of Wylie. CITY OF WYLIE, TEXAS , City Secretary Mindy Manson, City Manager THIS AGREEMENT REVIEWED AND APPROVED BY THE BOARD OF DIRECTORS OF THE WYLIE NORTHEAST SPECIAL UTILITY DISTRICT in a Regular meeting on the day of , 2015 with authorization for the President and Board Secretary to execute the agreement on behalf of the Wylie Northeast Special Utility District. WYLIE NORTHEAST SPECIAL UTILITY DISTRICT Brenda Kellow, Secretary Jimmy C. Beach, President Page 10 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared MINDY MANSON, in her capacity as City Manager of the CITY OF WYLIE, TEXAS, a Texas Home Rule Municipality, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she has executed the same on behalf of said entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 2015. Notary Public, Collin County, Texas My commission expires Page 11 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared JIMMY C. BEACH, in his capacity as PRESIDENT of the WYLIE NORTHEAST SPECIAL UTILITY DISTRICT, a Texas Special Utility District, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same on behalf of said entity. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF 92015. Notary Public, Collin County,Texas My commission expires Page 12 "i S16 -A.R.7- T L---- ----- ------- Ti City of Wylie City of Wylie Interceptor Interceptor EX.30"SL EX.36"SL rt 7-7 i Muddy Creek APPROX.CITY OF WYLIE Muddy Creek Interceptor ptor POINT OF ENTRY INTO Interceptor EX.42"SL MUDDY CREEK SYSTEM EX.36"SL Ainnicz rFlyp P7vp ICS__ u dy Creek iL__ /Interceptor rd EX.48"SL Muddy Creek JV, ��-- !V, --JI Lj Interceptor Gti EX.36"SL A Sparrow Road v COLLIN COUNTY DALLAS COUNTY Muddy Creek Interceptor EX.48"SL R H[I CITY OF WYLIE WASTEWATER SYSTEM e. MUDDY CREEK WASTEWATER SYSTEM MUDDY CREEK Muddy Creek W.W.T.P. I nterceptor 0 MUDDY CREEK EX.54"SL TRANSMISSION SYSTEM EXHIBIT 'A' I I i ITPROPOSED WASTEWATER I 1PROPOSED PUMP STATION 125WASTEWATER c FORCE MAIN Parker Rd _—_— Ll � PROPOSEDi I I MANHOLE(TYP) A o I I I 'o — — PROPOSED INTERIM WASTEWATER II GRAVITY MAIN — — — - - Cakew r — — — — — — INTERIM POINT OF ENTRYTO THE CITY OF WYLIE CITY OF WYLIE — — — WASTEWATER SYSTEM EXIST MANHOLE — — I — 1 I I CITY OF WYLIE EXISTING WASTEWATER PROPOSED WYLIE NE SUD SYSTEM WNESUD FORCE MAIN WASTEWATER LINE & WNESUD GRAVITY MAIN INTERIM POINT OF ENTRY TO CITY OF WYLIE GRAVITY MAIN CITY OF WYLIE SYSTEM EXHIBIT 'B' NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity October 27, 2015 Mindy Manson City Manager City of Wylie 300 Country Club Road Wylie,Texas 75098 Re: Interim Wastewater Service Agreement Between City of Wylie and Wylie Northeast Special Utility District Dear Mrs. Manson: North Texas Municipal Water District(NTMWD) awns, operates and maintains the Muddy Creek Regional Wastewater System.The cities of Wylie and Murphy are participants in that system.The District acknowledges the City of Wylie is entering into an interim wastewater service agreement with Wylie Northeast Special Utility District to provide wastewater services. NTMWD has reviewed and confirmed the Muddy Creek System has adequate capacity for the arrangement described in the referenced agreement. If you need additional information or have questions, please do not hesitate to contact us. Sincerely, d4z THOMAS W. KULA Executive Director TWK:JMS:JC:sh xc: Chester Adams—Wylie NE SUD Jenna Covington—NTMWD 505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442 5405 Fax.972295-6440