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Res 2025-056 approving an amendment to the 2024 Regional Wastewater Treatment Cost Sharing Agreement to add Cottonwood Phase 4, Mulberry Meadows, and Mason Developments to the agreement and to modify certain terms of the original agreement
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Res 2025-056 approving an amendment to the 2024 Regional Wastewater Treatment Cost Sharing Agreement to add Cottonwood Phase 4, Mulberry Meadows, and Mason Developments to the agreement and to modify certain terms of the original agreement
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5/21/2025 1:41:20 PM
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City Clerk - Document
Resolutions
City Clerk - Type
Amendment
Number
2025-056
Date
4/1/2025
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EXHIBIT 111" <br /> 3. "Bonds" shall mean any or all bonds, notes, certificates of obligation, or other <br /> obligations issued by the District or District(s) to finance the Facilities, or any <br /> portions thereof. <br /> 4. "CCN" shall mean Certificate of Convenience and Necessity,granted by the Public <br /> Utility Commission of Texas, which grants CCN holders the exclusive right to <br /> provide retail sewer utility service to a bounded certificated service area. <br /> 5. "City Standards" shall mean those design standards applicable to public <br /> wastewater facilities published and in effect as of the Effective Date, except as <br /> otherwise required by state or federal law or regulation, and as may be amended <br /> from time to time subject to the terms in this Section. Unless a change to the City <br /> Standards is required by state or federal law or regulation more frequently, the <br /> City Standards in effect on the Effective Date and on each fifth (51h) anniversary of <br /> the Effective Date hereafter shall control the design standards applicable to the <br /> Improvements. Upon each fifth (5th) anniversary of the Effective Date, the City <br /> shall notify the Developers and/or Districts of any changes in the City Standards <br /> applicable to the Improvements prior to the fifth (5th) anniversary and such <br /> amended standards shall take effect on the fifth(5th)anniversary date. In the event <br /> any change to the City Standards included in the notice from the City will increase <br /> the costs of the Improvements for the Developers and/or Districts in an amount <br /> exceeding 10% of the costs of the immediately prior effective City Standards, the <br /> Developers and/or Districts shall notify the City within thirty (30) days of their <br /> receipt of the notice from the City of any intent to challenge the application of the <br /> change to the Tracts on this basis that it is not reasonable, providing the City with <br /> written documentation demonstrating the cost differential and the basis for <br /> claiming the change is unreasonable. If the Developers and the City cannot agree <br /> on the reasonableness and justification for such change(s),the Parties shall attempt <br /> in good faith to reach a mutually agreeable resolution. <br /> 6. "Commission" or "TCEQ" means the Texas Commission on Environmental <br /> Quality or any successor agency with jurisdiction over the subject matter of this <br /> Agreement. <br /> 7. "Customers" shall mean the City's retail Wastewater Services customers located <br /> within the Tracts and the Districts. <br /> 8. "Discharge Permit" shall mean a final unappealable Texas Pollutant Discharge <br /> Elimination System Permit issued by the Commission to the City for the Plant, <br /> which shall initially be sufficient to treat up to 2.0 MGD of wastewater delivered <br /> from the Tracts and Districts. <br /> Regional Wastewater Services & Facilities Cost Sharing Agreement Res. 2024-78R <br /> Page 3 of 47 <br />
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