Resolution 2021-171
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RESOLUTION NO. 2021-17(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 FIRST
AMENDMENT TO WHOLESALE WASTEWATER COLLECTION
AGREEMENT BETWEEN THE CITY OF WYLIE AND THE
WYLIE NORTHEAST SPECIAL UTILITY DISTRICT.
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 First Amendment to
Wholesale Wastewater Collection Agreement between the City of Wylie and the Wylie Northeast
Special Utility District.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, on this 13th day of July, 2021.
ATTEST TO:
Stephanie Storm, City Secretary
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Matthew Porter, Mayor
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Resolution 202I-17(R)
Wholesale Wastewater Collection Agreement Amendment
EXHIBIT "A"
First Amendment to Wholesale Wastewater Collection Agreement
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Resolution 2021-17(R)
Wholesale Wastewater Collection Agreement Amendment
FIRST AMENDMENT TO WHOLESALE WASTEWATER COLLECTION AGREEMENT
This First Amendment to Wholesale Wastewater Collection Agreement (this "First
Amendment") is executed by and between the City of Wylie, Texas (the "City") and Wylie
Northeast Special Utility District ("Wylie SUD") as of the _ day of , 2021. The
City and Wylie SUD may be individually referred to herein as a "Party" and collectively as the
"Parties".
RECITALS:
WHEREAS, the Parties entered into that a Wholesale Wastewater Collection Agreement
dated December 1, 2017, which is incorporated herein by reference for all purposes (the "Original
Agreement" and together with this First Amendment, the "Agreement"); and
WHEREAS, Wylie SUD has asked the City to agree to enlarge the SUD Service Area to
include the area shown in pink and labeled "Proposed Addition to Sewer CCN" in Exhibit B-1
attached hereto and incorporated herein by reference for all purposes, and the City has agreed
under the terms and conditions of this First Amendment; and
WHEREAS, the Parties desire to amend the Original Agreement as set forth in this First
Amendment and to otherwise agree as set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the City and Wylie SUD hereby contract and agree as follows:
1. Amendment to Original Agreement, Exhibit B (SUD Service Area). Exhibit B (SUD Service
Area) to the Original Agreement is hereby removed and replaced with Exhibit B-1
(Amended SUD Service Area), attached hereto and incorporated herein by reference for
all purposes. The Parties agree that the areas shown in pink and red in Exhibit B-1 shall
be the SUD Service Area as of the effective date of this First Amendment.
2. Defined Terms. Any term not defined herein shall be deemed to have the same meaning
ascribed to it under the Original Agreement.
3. Ratification. The Parties hereby ratify and confirm all of the terms, provisions, covenants
and conditions of the Original Agreement and acknowledge and agree that the Original
Agreement remains in full force and effect, except as amended in this First Amendment.
4. Controlling Agreement. To the extent that any provision contained herein conflicts with
the Original Agreement, the provision contained herein shall supersede such conflicting
provisions contained in the Original Agreement.
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5. Entire Agreement/First Amendment. This First Amendment and the Original Agreement
contain the entire agreement of the Parties with respect to the matters contained herein.
This First Amendment may not be modified or terminated except upon the provisions
hereof or by the mutual written agreement of the Parties hereto.
6. Authority to Execute. The individuals executing this First Amendment on behalf of the
respective Parties below represent to each other and to others that all appropriate and
necessary action has been taken to authorize the individual who is executing this First
Amendment to do so for and on behalf of the Party for which his or her signature appears,
that there are no other parties or entities required to execute this First Amendment in
order for the same to be an authorized and binding agreement on the Party for whom the
individual is signing this First Amendment and that each individual affixing his or her
signature hereto is authorized to do so, and such authorization is valid and effective on
the Effective Date.
7. Counterparts. This First Amendment may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes, and all such
counterparts shall, collectively, constitute one First Amendment. An electronic mail or
facsimile signature will also be deemed to constitute an original if properly executed and
delivered to the other Party.
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THIS FIRST AMENDMENT REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE in a Regular Meeting on the day of , 2021, with authorization for
the City Manager to execute the Agreement on behalf of the City of Wylie.
CITY OF WYLIE, TEXAS,
a Texas home rule municipality
By:
Chris Hoisted, City Manager
ATTEST:
Stephanie Storm, City Secretary
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned Notary Public, on this day personally appeared CHRIS
HOISTED, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that she executed the same as the act of the CITY OF WYLIE, TEXAS, a
Texas home -rule municipality, as its City Manager, for the purposes and consideration therein
expressed.
GIVEN under my hand and seal of office, this the day of , 2021.
Notary Public, Collin County, Texas
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THIS FIRST AMENDMENT REVIEWED AND APPROVED BY THE BOARD OF DIRECTORS OF THE
WYLIE NORTHEAST SPECIAL UTILITY DISTRICT in a Regular Meeting on the day of
, 2021, 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,
a Texas political subdivision
By:
Jimmy C. Beach, President
ATTEST:
Brenda Kellow, Secretary
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned Notary Public, on this day personally appeared JIMMY C.
BEACH, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that she executed the same as the act of the WYLIE NORTHEAST
SPECIAL UTILITY DISTRICT, a Texas political subdivision, as its President, for the purposes and
consideration therein expressed.
GIVEN under my hand and seal of office, this the day of 2021.
Notary Public, Collin County, Texas
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Exhibit B-1
WYLIE NE SUD SEWER CCN @ 21056
SETS LAGOS UD SEWER CCN # 20502
ADDITIONAL SEWER SERVICE
PROPOSED ADDITION TO SEWER CCN
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