Title
Consider a memorandum/resolution authorizing the Restated and Amended Water Disposal Contract with WCID #1 to include the City of Harker Heights as a customer.
Summary
DATE: September 5, 2023
TO: Kent Cagle, City Manager
FROM: Jeffery Reynolds, Executive Director of Public Works
SUBJECT: Restated and Amended Wastewater Disposal Contract with WCID #1
BACKGROUND AND FINDINGS:
The City of Killeen originally entered into a wastewater treatment contract with Bell County Water Control and Improvement District No. 1 ("WCID #1" or "District") in 1968 ("1968 Agreement"). Over the years, this contract has been amended eight times for various reasons. The Restated and Amended Waste Disposal Contract proposes changes relating to the addition of the City of Harker Heights as a customer of the district with a contractual right to discharge waste into the sanitary sewer system ("System").
In the 1968 Agreement, the District agreed to operate the System initially for the sole benefit of the City and the United States of America (Fort Cavazos). However, the District retained the right to contract with other parties to render waste disposal services from the operation of the System with the approval of the City and to enlarge the size and capacity of the System for the use and benefit of other parties.
The District and the City have determined it is best for the parties to amend and restate the 1968 Agreement to (i) provide for the addition of the City of Harker Heights as a customer of the District with a contractual right to discharge waste into the System and (ii) modify certain provisions relating to (a) maximum discharge quantities for the City and Harker Heights, (b) the price of service, and (c) the allocation of existing and future debt service on debt obligations issued or incurred by the District for the construction or improvement of System facilities.
The District and the City are authorized to enter into this contract pursuant to the Texas Cons...
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