Loading...
HomeMy WebLinkAboutRes 2025-01-1728 Wholesale Wastewater Contract with Collin County MUD#12 RECORDED&CC �1.� �l,a) ii7l.i�f✓P'L �¢t,�Cd� G���``5-,� CITY OF ANNA, TEXAS RESOLUTION NO. 20;5 -01- 17-2$ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR WHOLESALE WASTEWATER TREATMENT AND TRANSPORT BETWEEN THE CITY OF ANNA AND COLLIN COUNTY MUNICIPAL UTLITY DISTRICT NUMBER 12, SUBJECT TO APPROVAL AS TO LEGAL FORM BY THE CITY ATTORNEY, WITH AN EFFECTIVE DATE. WHEREAS, the City of Anna is a Home Rule City in the State of Texas, and; WHEREAS, Collin County Municipal Utility District 12 is a special purpose district in the State of Texas, and; WHEREAS, the, City of Anna and Collin County Municipal Utility District 12 are both growing communities in need of expanding wastewater infrastructure to serve the public, and; WHEREAS, the City of Anna is in the process of constructing the Hurricane Creek Regional Wastewater Treatment Plant facility to provide wastewater treatment for the City of Anna and surrounding areas, and; WHEREAS, the Collin County Municipal Utility District 12 is seeking to contract with the City of Anna for the treatment and transport of wastewater from the district's public wastewater utility system, and; WHEREAS, it is in the best interest of both the City of Anna and Collin County Municipal Utility District 12 to enter into a contract for the wholesale treatment and transport of wastewater, which defines the responsibilities and costs for such treatment and transport, and; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Wholesale Wastewater Contract. The City Council of the City of Anna, Texas, authorizes the City Manager to execute the attached Wholesale Wastewater Contract, subject to approval as to legal form by the City Attorney. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this day of January, 2025. ATTEST: p0hA-'-Z-)d. - / -- - - City Secretary, Carrie Land U APPROVED: Mayor, Pete Cain E: Exhibit A (following Page) ABHR Comments 01-17-24 WHOLESALE WASTEWATER CONTRACT BETWEEN THE CITY OF ANNA AND COLLIN COUNTY MUNICIPAL UTILITY DISTRICT NO. 12 This Wholesale Wastewater Contract Between the City of Anna and Collin County Municipal Utility District No. 12 (this "Contract") is made and entered into as of the Effective Date (as defined herein) by and between the City of Anna, Texas, a Texas home - rule municipality and political subdivision of the State of Texas ("Anna"), and Collin County Municipal Utility District No. 12, a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Texas Constitution and operating pursuant to Chapters 49 and 54, Texas Water Code ("Customer"). RECITALS The following recitals are: (1) true and correct; (2) incorporated as part of this Contract for all purposes; (3) evidence the intent of the Parties in entering into this Contract; and (4) to be used in interpreting this Contract. WHEREAS, the Parties are governmental entities authorized to enter into this agreement under Chapter 791 of the Texas Government Code and other applicable law including without limitation Chapter 51 of the Texas Local Government Code; and WHEREAS, the Customer is a municipal utility district that proposes to serve retail customers within its boundaries as shown on Exhibit A, as may be expanded in accordance with the terms -hereof ("Customer's Service Area"); and WHEREAS, the Customer is a municipal utility district located in Collin County, Texas with nearby rapid growth including sharply increasing demand for retail Wastewater service to serve upcoming residential development; and WHEREAS, in order to provide Wastewater treatment to serve its retail customers, Customer needs a source of wholesale Wastewater treatment capacity; and WHEREAS, subject to securing a TCEQ Texas Pollutant Discharge Elimination Permit, and once the construction of the Anna System is completed, Anna shall have the capability to provide wholesale Wastewater treatment capacity adequate to serve the area within Customer's Service Area. NOW, THEREFORE, Anna and Customer, in consideration of the terms, covenants and conditions herein contained, hereby agree as follows. AGREEMENT Article 1. Definitions When used in this Contract, the following terms, when capitalized, shall be defined as follows. 1.01 "Act" or "the Act" - the Federal Water Pollution Control Act, also known as the Clean Water Act ("CWA"), as amended (33 U.S.C. 1251, et seq.). 1.02 "Anna System" or "Anna's System" - Anna's Wastewater Treatment Plant as said plant may be expanded or connected to other systems over time, which is a "Publicly Owned Treatment Works" under Section 307 of the Act. For purposes of this Contract, the Anna System includes all Wastewater treatment plants of Anna as a unified system. 1.03 "Approved Connection Point(s)" - the point(s) of entry identified in Exhibit "B" through which Customer is authorized to discharge Wastewater into the Anna System. 1.04 "Basin Map" - the map attached hereto as Exhibit "B", identifying the service area under this Contract and the Approved Connection Points. 1.05 "Biochemical Oxygen Demand (BOD)" - the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20 degrees centigrade expressed in terms of mass and concentration [milligrams per liter (mg/1)]. 1.06 "Calibration" - verification of primary measuring device and secondary instrumentation accuracy utilizing then -current standard primary device calibration procedures and signals recognized as acceptable within the industry or a separate flow measurement instrument. 1.07 "Customer Annual Amount of Flow" — an annual average amount of Flow not to exceed the anticipated volumes specific in Exhibit D, listed in gallons per day based on 30- day average. 1.08 "Customer's Service Area" —the approximately 227 acres of land located within the Customer's boundaries shown in Exhibit A as of the Effective Date as may be expanded in accordance with the terms hereof. 1.09 "Customer System" or "Customer's System" - the Customer's facilities used for collection or transportation of Wastewater to an Approved Connection Point(s), including without limitation the Delivery Facilities. 2 1.10 "Delivery Facilities" or "Delivery Facility" - all facilities necessary for the transmission of Wastewater to the Anna System that are on the Customer's side of the Approved Connection Point(s). 1.11 "Director" - the designee appointed or authorized by the Anna City Manager to act on Anna's behalf. 1.12 "Flow" — the collective total of all Wastewater, Industrial Waste, Inflow, Infiltration, Liquid Waste, Suspended Solids, and any other matter transmitted from Customer's System through all Approved Connection Point(s), collectively. 1.13 "Industrial User" - a source of non-standard discharge. 1.14 "Industrial Waste" — non -domestic sewage that may include water -borne solids, liquids or gaseous substances resulting from industrial, manufacturing or food processing operations, or from the development of a natural resource, or any mixture of these with water or domestic sewage. 1.15 "Infiltration" -water that has migrated from the ground into the Wastewater system. 1.16 "Inflow" - water other than sewage that enters a Wastewater system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, Infiltration. 1.17 "Liquid Waste" - the water -borne solids, liquids, and gaseous substances typically stored temporarily in a container and derived from sources including, but not limited to, grease traps, septic tanks, chemical toilet waste, and sand trap waste. 1.18 "Metering and Sampling Facility" or "Metering and Sampling Facilities" - the meter, meter vault, and all metering and telemetry equipment needed to measure or sample the Flow from the Customer's System at the Approved Connection Point(s) or other such locations as the Parties mutually agree upon in writing. 1.19 "Party" or "Parties" -Anna and Customer may also be referred to in the singular as "Party" and in the plural as "Parties." 1.20 "Pretreatment" - the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in Wastewater prior to or in lieu of introducing those pollutants into a Publicly Owned Treatment Works generally, but not exclusively, relating to Non -Standard Discharges and Prohibited Discharges. The 3 reduction or alteration of pollutants or the nature of pollutants may be obtained — if not by elimination - by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants (unless expressly allowed by an applicable Pretreatment Requirement). 1.21 "Pretreatment Requirement" - a substantive or procedural requirement related to Pretreatment imposed on an Industrial User, other than a Pretreatment Standard. 1.22 "Prohibited Discharge" — any discharge prohibited by 40 C.F.R. 403.5. 1.23 "Publicly Owned Treatment Works" ("POTW") — a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) owned or operated by a governmental entity including Customer's System and Anna's System. 1.24 "Significant Industrial User" - any of the following: a. An Industrial User subject to categorical Pretreatment Standards; and b. Any other user that: (i) Discharges an average of 25,000 gpd or more of process wastewater; (ii) Contributes a process waste stream which makes up five percent (5%) or more of the hydraulic or organic loading of the treatment plant; or (iii) Is designated as significant by Anna on the basis that the user has a reasonable potential for adversely affecting the operation of a Publicly Owned Treatment Works or for violating any Pretreatment Standard or requirement. 1.25 "Non -Standard Discharge" - Wastewater that is being discharged that fails to meet the quality parameters outlined in Section 7.5. 1.26 "Standard Methods" - those testing or analysis procedures as prescribed in the then current edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association or the U.S. Environmental Protection Agency Manual of Methodologies for the Examination of Water and Wastewaters, or as will otherwise comply with procedures specified in state and federal discharge permits held by Anna. 1.27 "Strength" - the concentration of dissolved and suspended matter in Wastewater, as indicated by Biochemical Oxygen Demand or suspended solids. 4 1.28 "Suspended Solids" — the total suspended matter that floats on the surface of, or is suspended in, water, Wastewater, or other liquid, and which is removable by laboratory filtering. 1.29 "System Cost" - operating expenses and capital -related costs incurred by Anna pursuant to the provision of Wastewater collection and treatment service to the wholesale class of sewer customers including, without limitation, all costs identified whether specifically or by implication as System Costs under this Contract. Such costs are to be collected by Anna as a component of the annual cost of providing wholesale Wastewater service. 1.30 "TCEQ" — the Texas Commission on Environmental Quality or its successor agency(ies). 1.31 "Wastewater" — water containing other liquid and water -carried wastes and sewage whether treated or untreated, which are contributed to a Publicly Owned Treatment Works. 1.32 "Wastewater Treatment Plant" — the collection and treatment system that is the subject of TCEQ proposed Texas Pollutant Discharge Elimination System Permit No. WQ0016043001 (EPA I.D. No. TX0141721) located (or to be constructed and located) approximately 1.56 miles west of the intersection of the Collin County Outer Loop and U.S. 75, in Collin County, Texas 75409. Article 2. Construction and Connection to the Anna System 2.01 As of the Effective Date Anna has received a Texas Pollutant Discharge Elimination System Permit (the "Discharge Permit") from the TCEQ to utilize the Wastewater Treatment Plant to discharge treated wastewater at a volume not to exceed an annual average flow of 16,000,000 gallons per day. Anna commenced construction of the Wastewater Treatment Plant on September 22, 2023. Anna shall complete construction of the first phase of the Wastewater Treatment Plant on or before October 1, 2025, which will allow for an annual average flow of up to 500,000 gallons per day of wastewater treatment capacity. Anna shall complete Phase 2 of the plant on or before October 1, 2026, which will allow for an annual average flow of up to 2,500,000 gallons of wastewater treatment capacity. Anna shall continue to construct additional phases of the plant, up to the TCEQ permitted average annual flow of 16,000,000 gallons per day as needed to meet the needs of Anna and its customers. 2.02 Notwithstanding any provision of this Contract, if Anna fails to timely complete construction of a phase of the Wastewater Treatment Plant necessary to meet the Customer's Annual Amount of flow as shown on Exhibit D hereto, then Anna shall be required to pump and haul Wastewater from Customer's System to meet Customer's needs, and Customer shall receive a credit for the cost of such services to be applied to charges 5 under Article VII hereof. The term "commence construction" as used in this paragraph means to commence the work of constructing any part of the Wastewater Treatment Plant or the site of said plant: (i) with all approvals thereof required by Anna obtained as necessary; (ii) after a notice to proceed has been issued to Anna's contractor(s); and (iii) onsite construction of the site development components (such as drainage, grading or utilities) is underway. The term "complete construction" as used in this paragraph means, with respect to each phase of the Wastewater Treatment Plant, to have constructed the Wastewater Treatment Plant and all of its components to the extent necessary to allow for the Customer Annual Amount of Flow from Customer's System as shown on Exhibit D hereto into the Approved Connection Point(s). 2.03 Anna hereby grants to Customer, conditioned upon compliance with the terms and conditions contained herein, permission to connect Customer's System to the Anna System for the term of this Contract and provided that Customer is not in material breach of any provision of this Contract. 2.04 Anna agrees to accept all conforming and lawfully acceptable Wastewater delivered by Customer in accordance with this Contract to all Approved Connection Point(s), collectively, and at such additional points as the Parties may mutually agree upon, in writing, at a later time. Customer agrees to deliver all of its Wastewater flows from the area depicted in the Basin Map, attached as Exhibit "B", to Anna unless otherwise approved in writing by Anna. 2.05 The cost of all Delivery Facilities necessary to convey Wastewater to the designated Approved Connection Points, whether shown on Exhibit `B" or mutually agreed upon at a later date by the Parties, together with the cost of connection of the Customer System to the Anna System, shall be borne solely by Customer, including the cost of acquisition of any necessary rights -of -way and easements to and from such Delivery Facilities; provided, however, Anna does hereby consent (subject to feasibility as determined by the Director) to Customer installing any portion of Customer's System in right-of-way or wastewater system easements granted to Anna. Customer shall provide Anna with sixty days written notice before installing any portion of the Customer System in a right-of-way or wastewater system easement granted to Anna, and shall coordinate all work with the Director and all appropriate Anna departments. In the event Anna requests Customer to increase the size of any such Delivery Facility in order to serve areas outside of the Customer's Service Area, the Customer shall have the right to add any portion of such area to the Customer Service Area subject to the terms hereof. The cost of the oversized Delivery Facilities shall be shared by the Parties based on relative Wastewater Flow requested by each Party. The Parties agree to fund construction of the Delivery Facilities as construction progresses. 2.06 Unless mutually agreed to, in writing, by Anna and Customer, and subject to the terms of Section 2.05 hereof, Customer shall be responsible for the design, construction, and financing of Customer's System and the Delivery Facilities including the cost of and C1 acquisition of any necessary rights -of -way and easements to and from such facilities. All designs, materials, and specifications shall, at a minimum, conform to the City of Anna's applicable requirements as well as applicable state law and regulatory requirements in all respects. Plans and specifications for any Delivery Facility connecting to the Anna System shall be submitted to the Director for written approval in advance of construction of same, which approval shall not be unreasonably withheld. Without limiting the foregoing, no construction of any portion of Customer's System that may be located on Anna's property may begin until the Director has approved the plans and specifications for the work. In the event written response is not received within 30 days from the date of submittal, such plans shall be deemed approved. In the event the Director provides comments to plans and specifications, the Parties shall use best efforts to resolve the comments within 30 days. Customer agrees that Anna has the right to make periodic inspections during the construction phase of the Delivery Facilities. Final acceptance of each facility is subject to the inspection by and written approval of the Director. 2.07 Customer agrees not to provide service to any user or users that, singly or in combination, would discharge more than 2.5 million gallons per day into the Anna System or that would cause Customer's daily flow to Anna to exceed 500,000 gallons per day (monthly average) without first providing written notice to Anna and receiving written approval in advance from Anna. 2.08 In the event the Delivery Facilities provide Services to areas outside of Customer's Service Area, Customer's Approved Connection Point(s) shall be revised accordingly, and Customer shall have no obligation with respect to the cost of construction of any additional Metering and Sampling Facilities needed for Anna to provide service for such additional area. Article 3. Maintenance of Customer System 3.01 Customer agrees to maintain Customer's System in good and working condition and to make all necessary repairs in a timely manner. Anna shall not have any responsibility or liability for the operation of the Customer's System, it being Customer's sole responsibility to provide adequate facilities to deliver its Wastewater to the Anna System. Customer shall also promptly comply with any permit requirements, environmental regulations, and any other laws or regulations, whether state or federal, applying to Customer's System. Article 4. Metering and Sampling Facilities 4.01 Unless otherwise agreed to in writing, Anna shall have the option to construct Customer Metering and Sampling Facilities not in existence as of the Effective Date. Upon exercising this option, Anna shall inform Customer, and Customer shall acquire a site 7 mutually acceptable to the Parties. All reasonable construction costs incurred by Anna, including, but not limited to, site preparation, design and engineering, construction, and equipment for such facilities, together with the costs of necessary easements and rights of way, shall be fully reimbursed to Anna by Customer. Any costs incurred by Anna associated with any necessary modifications of a Metering and Sampling Facility to accommodate a complete initial installation satisfactory to Anna shall also be fully reimbursed to Anna by Customer. 4.02 On the Effective Date, or, if the Metering and Sampling Facilities have not been constructed as of the Effective Date, on such later date as the construction and installation of the Metering and Sampling Facilities are complete, Customer shall transfer ownership of all Customer Metering and Sampling Facilities to Anna at no cost. 4.03 If additional Approved Connection Points are agreed to be added to deliver Customer's Wastewater to the Anna System and Anna declines to exercise its option to construct additional Metering and Sampling Facilities for same, Customer shall construct Metering and Sampling Facilities for each such Approved Connection Point at Customer's sole cost. 4.04 The Metering and Sampling Facilities shall be designed and engineered in a manner satisfactory to Anna. Customer shall transfer ownership of such newly constructed facilities at no cost to Anna. 4.05 Customer shall provide Anna with all reasonably necessary access easements and rights of way in a configuration, size and location mutually acceptable to the Parties. Customer shall provide Anna a perpetual route of ingress and egress to Metering and Sampling Facilities, which shall be accessible by Anna at all times without notice. The forms of any legal document conveying such easements and rights of way shall be in a mutually agreeable form. 4.06 Anna shall have the right to inspect and approve the Metering and Sampling Facilities prior to accepting the transfer. Anna's approval and acceptance of the Metering and Sampling Facilities shall not be unreasonably withheld. In the event Anna rejects the transfer, it shall provide Customer a written notice of the deficiency Customer must correct before proceeding with the transfer of the Metering and Sampling Facility in question. 4.07 Upon accepting the transfer of a Metering and Sampling Facility, Anna shall have the sole authority and exclusive right and license to enter, use, operate, and maintain the Metering and Sampling Facilities. Anna shall thenceforth be solely responsible for the operational and maintenance responsibilities associated with said facilities. Anna also shall have the discretion to construct improvements, expansions, and replacements to the Metering and Sampling Facilities as a System Cost and at the timing of Anna's needs, provided, however, that Anna shall permit Customer to review proposed construction, 12 expansion, and replacement plans. Customer will grant and provide to Anna such permits or easements as are necessary for the continuous operation and maintenance of all Metering and Sampling Facilities. All such costs incurred by Anna for the operation, maintenance, construction, expansion or replacement of Customer Metering and Sampling Facilities shall be considered System Costs. 4.08 Expenses incurred by Anna for the operation and maintenance of Customer Metering and Sampling Facilities are System Costs and shall include, without limitation, the following: a. Cost of electricity at the facilities; b. Cost of the installation and maintenance of the telemetry service at the facilities and to the control center and all costs of maintaining connectivity, including access or lease charges; C. Cost of calibration and field measured velocity profiles; d. Cost of parts, materials and supplies required for repairs, calibrations, and upgrading of the facilities; e. Labor cost plus fringe benefits and indirect costs for repairs, calibrations, and upgrading of the facilities; f. Maintenance costs of ingress and egress and meter facility site; g. Administrative costs, including record and book keeping, overhead, and rate setting costs; and h. Any additional monitoring to ensure compliance with state and federal regulations governing Wastewater treatment. 4.09 Replacement of facilities described in this Article 4 or equipment therein occasioned as a result of obsolescence due to age, excessive maintenance, growth or other reasons as determined by the Director shall be a System Cost. Any replacement facility or equipment therein shall comply with Anna's standards and specifications. 4.10 Anna shall have the sole right to secure the Metering and Sampling Facilities in order to prevent tampering or other interference with the facility. Anna shall have the sole right to control access to the facilities. 4.11 Customer may request permission, in writing, to inspect a particular Metering and Sampling Facility once per month. Anna shall, upon receiving a written request from 0 Customer, coordinate with Customer to set an appointment during normal business hours and within three (3) business days after receiving the written notice. At the appointed date and time, Anna will accompany and allow Customer to enter and inspect the Metering and Sampling Facilities. 4.12 Customer may request that Anna test the accuracy of each meter once per quarter; otherwise, Anna shall test each meter at least once per year. Any reading, Calibration or adjustment to such metering equipment shall be done by employees or agents of Anna. Anna shall notify Customer at least seventy-two (72) hours in advance of the date and time for any testing, reading, calibration or adjustment, and Customer may have personnel present to observe, if so desired, by sending Anna written notice of its intention to do so. Anna shall, upon receiving a written notice from Customer, coordinate with Customer to set an appointment during normal business hours and within ten (10) business days after receiving the written notice. At the appointed time, Anna will allow Customer's personnel to enter and observe Anna's employees or agents conduct the appropriate tests to measure the accuracy of the meter. Anna shall have the right to conduct its own tests or Calibration without notice and at any time it deems appropriate. 4.13 Customer must present any complaint or request for adjustment based on meter accuracy in writing to Anna no later than fifteen (15) days after the test was completed or any such complaint or request is waived. If Customer fails to test or request a test of a meter during a given quarter, Customer waives any complaints, disputes, or claims regarding meter accuracy for that quarter and all preceding quarters. Article 5. Rights -of -Way 5.01 Whenever it is deemed necessary by Anna to remove, alter, change, adapt or conform any portion of Customer's System located on property owned by Anna, such alterations shall be made by Customer at Customer's expense within thirty (30) days from the issuance of written notice to Customer to make the alterations unless a different schedule has been approved by Anna in writing. All work done by or on behalf of a Party under this paragraph will be performed in accordance with specifications equal to those applying to work of a similar nature performed by such Party, but neither Party will be required to restore the other's property to a condition exceeding its original condition, unless otherwise mutually agreed upon in writing. Anna and Customer agree to coordinate the location of the mains and facilities in the other's easements and rights -of -way in order to prevent conflicts insofar as reasonably practicable. 10 Article 6. Metering and Sampling 6.01 All Flow discharged into the Anna System by Customer shall be metered. Regardless of any change in the area covered by any CCN held by Customer, the area covered by Customer's Service Area shall not increase by more than 100% unless by mutual written agreement signed by Anna and Customer. Customer shall provide a revised drawing to Anna showing each revision to Customer's Service Area. 6.02 Anna shall enter all readings of meters into data collection systems that Anna shall maintain. Customer shall have access to such records during reasonable business hours and shall be furnished with monthly totalizer readings for each Approved Connection Point Metering and Sampling Facility. 6.03 Anna shall calibrate and service the meters no less than once during each twelve (12) month period. Copies of the results of such Calibration and all related information will be provided to Customer on request. 6.04 Subject to the provisions of Section 4.13, after a calibration is completed, if it is determined that a meter is under -metering or over -metering Flow by more than 5%, the registration of the Flow as determined by the meter shall be corrected for a period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such time is not ascertainable, then for a period extending back one-half of the time elapsed since the date of the last Calibration. Notwithstanding the foregoing or any other provision of this Contract, any correction made under this paragraph shall in no event extend further back than a period of twelve months. 6.05 If any meter used to determine volume from Customer is out of service or out of repair or otherwise incapable of providing any information that would allow the Parties to ascertain or compute the amount of Flow, the Flow delivered through the period such meter is out of service, out of repair or otherwise incapable of providing Flow information shall be the average Flow of the last twelve (12) months plus three percent, divided by three - hundred and sixty-five, and the result multiplied by the number of days the meter is out of service or out of repair. 6.07 Anna shall periodically determine the quality of the Wastewater at the Metering and Sampling Facilities or other agreed upon sampling points for the purposes of billing for the Strength of the Wastewater. The sampling and testing shall occur on a random basis once per month. To determine the quality of the Wastewater, Anna shall collect twenty-four (24) hour time -weighted or flow -weighted composites for a period of not less than one twenty- four (24) hour period per month for a total of twelve (12) sampling periods per year. If, at the request of Customer or as directed by the Director, more extensive monitoring is desired, such additional monitoring shall be paid for by the Party making the request and shall be done as provided in this section. If Customer requests such additional monitoring, 11 Anna shall invoice Customer for the costs of collecting and testing the additional samples. Customer shall pay for the additional sampling, including additional monitoring, collecting and testing samples, within ten days after receipt of the invoice. Anna shall analyze the samples collected in accordance with Standard Methods and will provide analysis reports to the Customer, if requested. 6.08 If in the opinion of the Director, further monitoring of the Wastewater is desirable to ensure ongoing compliance with state and federal regulations, the Director may order that additional monitoring be performed with or without prior notice to Customer. Compliance monitoring is in addition to the periodic sampling set forth in Section 6.7. All information obtained as a result of such compliance monitoring shall be provided to the Customer upon request. Anna will provide notice of such compliance monitoring to Customer within a reasonable time after obtaining the results of testing. 6.09 All costs incurred by Anna under this Article are System Costs. Article 7. Rates, Charges, and Surcharges 7.01 Wholesale Wastewater rates established hereunder will be determined based upon cost -of -service analysis to be performed by or on behalf of Anna no less than one time per year using the methodologies and principals generally accepted within the industry and detailed further herein, as applicable, and which are generally being utilized by the City to set the rate for wholesale Wastewater service to municipal customers located outside the corporate limits of the City. The cost of such analysis is a System Cost. 7.02 The Parties agree that the methodologies and principals used to conduct a cost -of - service analysis shall be those generally accepted within the industry as promulgated by the Water Environment Federation within the WEF Manual of Practice No. 27, Financing and Charges for Wastewater Systems, as revised, and which are generally being utilized by the City to set the rate for wholesale Wastewater service to municipal customers located outside the corporate limits of the City. Notwithstanding the forgoing, the Parties agree the following methodologies and principals will apply until agreed otherwise in writing: a. The cost of service for the service class shall include allocated reasonable and necessary operation and maintenance expenses based on the then -adopted and approved budget for the Anna System, budgeted debt service including principal and interest payments, capital outlay and budgeted funds necessary to comply with Anna's established financial policies such as, but not limited to, operating cash reserves, externally required or internally adopted debt coverage requirements, repair and replacement reserves, and any other reserve requirements that may be necessary to maintain the financial stability of the Anna System. 12 b. The initial rate for this Agreement shall be $6.49. The initial rate is per 1,000 gallons. Anna shall provide Customer with written notice, no later than July 31 St of each year, of any proposed rate increase in order to allow Customer sufficient time for budgeting purposes. A failure to provide such written notice shall postpone the effective date of the rate increase to October of the following year. Any challenge to a rate established by the Anna City Council must be brought within ninety days of its adoption. 7.03 [Reserved]. 7.04 Any challenge to a rate, surcharge or fee established by the Anna City Council must be brought within ninety (90) days following Customer's receipt of notice of its adoption by submitting a written objection in accordance with the applicable provisions of Article 24 of this Contract or such challenge is waived. 7.05 An additional charge shall be due for any discharge through Point of Entry that exceeds the maximum Strength allowed to Customer. The surcharge for each mg/1 of BOD in excess of 250 mg/1 and for each mg/1 of total suspended solids ("TSS") in excess of 250 mg/1 shall be assessed. The excess Strength determination will be based on monthly sampling. 7.06 Customer agrees that the Anna City Council has the right to revise, by ordinance, the allowable discharge Strengths, consistent with applicable state and federal laws and regulations and applicable permit requirements (provided that the strength allowed shall be no less than the strength generated from a typical single family residence). At the effective date of this Contract, the allowable discharge Strength is 250 mg/1 for BOD and 250 mg/l for TSS. 7.07 Customer shall pay a surcharge to Anna for concentrations of BOD exceeding 250 mg/1 and TSS exceeding 250 mg/1 at the rate of 125% of the established rate, based on a 30 day average. The surcharge will be calculated each month. It will be based on the rate of Non -Standard Discharge for that month. The surcharge will be assessed the entire month for each portion of the month that discharges from Customer exceed applicable limits, whether classified as Non -Standard Discharges or otherwise. 7.08 Bills for Wastewater service are submitted to Customer on a monthly basis. Amounts billed are due and payable not more than thirty (30) days after the billing date. Bills will show current charges, as well as past -due charges, if any. Current charges includes the amount due for service provided since the prior billing period. Past -due charges is the total amount unpaid from all prior billings as of the current billing date. Payments received by Anna shall first be applied to the past -due charges, if any, and thereafter to the current charges. Any challenge to a billing must be submitted, in writing, 13 to Anna within forty-five (45) days of the billing date, or any objection to the billing is waived. 7.09 If Customer disputes a bill, it shall nevertheless continue to promptly make the disputed payment or payments. Dispute of a bill is not grounds for non-payment. Notwithstanding the provisions of Chapter 2251 of the Texas Government Code, in the event a payment is not paid as specified in this Contract, a finance charge of the lower of 10%, per annum, or the maximum rate allowed by law, per annum, will be calculated from the date that the payment was required to be made. In the event the amount finally determined to be due is less than the full amount of the disputed bill, then the amount found to be in excess of the amount due will be credited to the Customer's account together with any interest on the credited amount of the disputed bill. 7.10 The Parties agree that this Contract is a contract for goods or services under the provisions of Subchapter I, Chapter 271, Tex. Local Gov't. Code and that services obtained pursuant to this Contract are essential and necessary to the operation of Customer's waterworks and Wastewater facilities. The Parties agree that all payments made by Customer under this Contract constitute reasonable and necessary operating expenses of Customer's waterworks and Wastewater systems. Customer waives any immunity from suit solely for the purpose of Anna enforcing the express terms, conditions, and obligations of this Contract. 7.11 Customer agrees, throughout the term of this Contract, to continuously operate and maintain its waterworks and Wastewater systems, and to fix and collect such rates and charges for Wastewater service as will produce revenues in an amount equal to at least (i) all of its operation and maintenance expenses of such system, including specifically its payments under this Contract; and (ii) all other amounts as required by law and the provisions of the its revenue bonds or other debt obligations now or hereafter outstanding, including the amounts required to pay all principal of and interest on such bonds and other obligations. 7.12 The Parties agree that the rates established in accordance with this Contract are reasonable and in the public interest, and that any change in the rates under this Contract are necessary (1) to avoid impairing the ability of Anna to continue providing Wastewater service, (2) to avoid casting an excessive burden on other customers or users of the Anna System, and (3) to avoid being unduly discriminatory to or among customer classes. Customer acknowledges that it has entered into this Contract willingly after determining -- after considering alternative sources and methods of providing for its Wastewater needs -- that entering into this Contract is in the best interests of Customer and its constituent users. 7.13 Customer represents and covenants that all payments made by it under this Contract shall constitute reasonable and necessary operating expense of its Customer System and that all such payments will be made from its current revenues. Customer represents and 14 has determined that the Wastewater service to be obtained from the Anna System is absolutely necessary and essential to the present and future operation of its Wastewater system. Accordingly, all payments required by this Contract to be made by Customer shall constitute reasonable and necessary operating expense of its respective system as described herein, with the effect that the obligation to make such payments from revenues of such systems shall have priority over any obligation to make any payments from such revenues (whether of principal, interest, or otherwise) with respect to all bonds or other debt obligations heretofore or hereafter issued by Customer. 7.14 Upon the occurrence of Customer's first failure to pay any amount billed for service under this Contract, which amount remains unpaid for more than sixty (60) days after its due date, Customer agrees to establish a security fund to be held in trust by Anna in the amount of one hundred and fifty percent (150%) of the Customer's average monthly billings (based on the previous twelve (12) months period), from which Anna may withdraw funds to secure payment of the billing. Customer shall thereafter immediately replenish and restore the account to the required amount and maintain the full balance required in the fund for the remainder of the term of this Contract, notwithstanding Anna's withdrawals to satisfy billings remaining unpaid for more than sixty (60) days after the due date. 7.14.1 In the event that the security fund is not established, at the expiration of sixty (60) days after such amounts are due, Customer shall be in default under this Contract, and Anna may invoke the remedies specified herein or otherwise available by law. 7.15 The security fund described in Section 7.14 shall be deposited with the Anna City Manager in cash, in the form of an unconditional, irrevocable standby letter of credit, a performance/surety bond, or other instrument or security in a form acceptable to the Anna City Attorney. The letter of credit, bond, or other instrument shall in no event require the consent of Customer prior to the collection by Anna of any amounts covered by the letter of credit, bond, or other instrument. 7.16 Customer acknowledges that it will accrue no equity or any other interest in the Anna System or any other assets of Anna as a result of payment or other performance pursuant to this Contract. 7.17 Except as specifically provided herein, no other fees shall be due and payable by Customer to Anna for wastewater service. In particular, neither Customer nor any retail customer located within the Customer's Service Area shall be required to pay to Anna any "impact" or "capital recovery fee" related to wastewater conveyance or treatment capacity or service. 15 Article 8. Industrial Connection and Monitoring 8.01 Customer agrees that it will, at the time of execution and throughout the term of this Contract, identify and locate all possible Significant Industrial Users and report them to Anna. Any compilation, index or inventory of Significant Industrial Users shall be made available to Anna, United States Environmental Protection Agency, TCEQ, or their respective successor agencies upon request. 8.02 Customer agrees that it will not permit any Significant Industrial User within its jurisdiction to connect directly or indirectly either to Customer's System or to the Anna System without at least thirty days' prior written notification to the Director of such intent to connect. Such notification shall provide the Director with information pertaining to volume and composition of Flow from the Significant Industrial User, and further information as may be requested by the Director. 8.03 Customer agrees to conduct all monitoring, sampling, and inspection of Customer's System and Significant Industrial Users as necessary to ensure that Industrial Waste introduced into Customer's System meets the quality standards set out in Article 9 of this Contract. Upon request to Customer, a representative of Anna will be permitted to observe Customer's collection of samples from Significant Industrial Users. Customer agrees to furnish Anna separate duplicate samples for independent testing and shall provide the Director the sample analysis results and pretreatment records within fifteen days of receipt of laboratory reports from a Significant Industrial User. 8.04 Customer agrees that Anna shall have the right to sample Wastewater at all Approved Connection Points and such other locations as may be necessary to determine the volume and quality of Wastewater entering the Anna System. Anna shall have sole authority to determine whether sampling at a location other than an Approved Connection Point is necessary. Customer agrees to disconnect from its system any of its users found to be in violation of allowable discharges or who refuses access to facilities for the purpose of sampling Wastewater being discharged into the Customer System or who is otherwise suspected of making a Prohibited Discharge or other unauthorized or illegal discharge; provided, however, that the disconnected user shall be afforded the same rights, privileges of appeal, and deficiency cure periods as are Significant Industrial Users operating within Anna's jurisdiction. 8.05 Following notice to Customer by Anna, Customer grants to Anna the right to enter Customer's jurisdiction if Anna determines that questionable discharges or Prohibited Discharges are entering the Anna System from the Customer System. Customer agrees to assist Anna in locating and eliminating any Prohibited Discharge or otherwise illegal discharge. 16 Article 9. Wastewater Ouality 9.01 As a condition of receiving and continuing to receive Wastewater treatment services under this Contract, Customer agrees that, prior to connecting to any Approved Connection Point, it shall enact and enforce such ordinances, rules, orders or other lawful means of enabling Customer to enforce within its jurisdiction regulations governing Industrial Waste which are at least as stringent as the Wastewater -related provisions of Chapter 12 of the Anna Code and any amendments thereto, and any applicable state or federal regulations relating to discharged substances; (2) Prohibited Discharge; (3) Pretreatment Requirements; (4) industrial discharge permitting systems; and (5) industrial self -monitoring reports. The operation of Customer's System shall in all respects comply with federal and state laws applicable generally to Publicly Owned Treatment Works and with all terms and conditions contained in any permit issued by a federal or state authority regarding Customer's System. 9.02 Article 12.04 and Article 12.06 of the Anna Code are incorporated into this Contract as if fully set forth herein. Anna shall endeavor to provide Customer with a copy of any proposed amendments to those provisions at least sixty days prior to the presentation of such amendments to the Anna City Council, if reasonably possible, during which time Customer shall have an opportunity to review such amendments and provide written comments to Anna. On or before the effective date of any such amendments, Customer shall adopt appropriate conforming ordinances, rules, orders or other lawful means of enabling Customer to enforce within its jurisdiction the provisions of Anna Code Article 12.04 and Article 12.06. 9.03 Customer agrees that the quality of the Wastewater discharged into the Customer System shall be equal to or better than the quality standards established by the Anna City Code of Ordinances, including amendments thereto, or any applicable state or federal law or regulation or permit requirements applicable now or in the future to Anna's System, whichever quality standards are more stringent. To the extent permitted by law, Customer shall indemnify, defend and hold Anna harmless to the extent Customer's failure to ensure the quality of Wastewater discharged into Customer's System falls below these quality standards or otherwise causes the Anna System to be in noncompliance with any federal, state or local statutes, rules, regulations or permit requirements. If Customer's System causes the Anna System to be in noncompliance, Customer further agrees to assume responsibility for any repairs, remediation, or other actions necessary to bring the Anna System back into compliance. Customer agrees that, prior to connecting to the any Approved Connection Point, Customer shall secure a general liability insurance policy acceptable to and approved, in writing, by Anna, in the amount of at least $5 million. 9.04 Customer shall require all Significant Industrial Users within its jurisdiction that ultimately discharge into the Anna System to apply for and obtain a permit from Customer allowing such discharge. Such permit shall require Significant Industrial Users, at a 17 minimum, to abate and not discharge any of the prohibited substances described in Anna Code Article 12.06 as a condition to discharging Wastewater into the Customer System. The permit application shall contain, as a minimum, the following: a. Name and physical address of the Significant Industrial User; b. A description of activities, facilities, and plant processes on the premises of the Significant Industrial User, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; C. The number and type of employees, hours of operation, hours of discharge and proposed or actual hours of operation of the Significant Industrial User; d. Each product produced by type, amount, process or processes, and rate of production; e. A map of the property showing accurately all sewers and drains; f. The site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drainages, and appurtenances by size, location, and elevation, and all points of discharge; g. Time and duration of all the discharges; h. Any other information as may be deemed necessary by the Director to evaluate the Wastewater discharge permit application; and, i. Plans and specifications sealed by a registered professional engineer detailing all pretreatment facilities and processes including without limitation any grease, oil, or sand interceptors and control manholes. Customer shall provide Anna a copy of these applications promptly upon receipt of same but in no event later than five (5) business days after receipt. Anna may require Customer to deny the application if it determines that the Significant Industrial User is likely to violate any provision of Anna Code Article 12.06. 9.05 Customer shall take all necessary steps to mitigate any odors from Customer's System not attributable to Anna, including but not limited to any odors emitted by air release valves in Customer's System. Customer shall submit plans and specifications for odor control to Anna for approval prior to constructing a Wastewater line. Customer shall thereafter maintain the odor control as approved. Customer may seek Anna's approval to modify the odor control mechanisms as better odor control options become available. 18 Article 10. Infiltration and Inflow 10.01 Customer agrees that it has an obligation to prevent Infiltration and Inflow into Customer's System, and to prevent same from entering the Anna System. Customer further agrees that all connections within its jurisdiction which ultimately enter into the Anna System will be constructed in accordance with specifications and standards at least equal to those of the North Central Texas Council of Governments Public Works Construction Standards North Central Texas, Fifth Edition, technical specifications and construction standards. Customer covenants and agrees to maintain strict supervision and maintenance of its System to prevent connections through which surface drainage can enter Customer's System, in order to prevent such drainage from ultimately being deposited into the Anna System. Customer shall not make, nor shall it permit to be made, any connection which will contribute storm water run-off from rainwater spouts, rainwater areas, streets, gutter drains or other Inflow, Infiltration or other non -Wastewater source of Flow into Customer's System. 10.02 Customer agrees that no discount, deduction, allowance or offset shall be provided for any Inflow or Infiltration into Customer's System, regardless of the source or cause of such Inflow or Infiltration. Customer stipulates that the provisions of this Article may not be waived for any cause, including but not limited to (a) the actions of any third Party that cause or contribute to Inflow or Infiltration; (b) any unusual weather patterns, including any significant changes in rainfall or temperatures; (c) any Acts of God, or (d) any force majeure of any nature whatsoever that causes, contributes to, or otherwise allows Infiltration or Inflow into the Customer's System. 10.03 Customer agrees that, for the purposes of metering, calculating and billing, all Flow, of whatever kind and from whatever source, including any Infiltration, Inflow, Liquid Waste, and Industrial Wastes, with or without any Suspended Solids, entering the Anna System from Customer's System shall be treated as Wastewater for which a charge will be made to Customer. Customer agrees that all billing calculations will be based on the total Flow without regard to whether the Flow consists wholly of Wastewater, or contains Inflow, Infiltration, Liquid Waste, or Industrial Waste, with or without any Suspended Solids. Article 11. Sludge Disposal 11.01 Customer recognizes the importance of processing and disposing of sludge in a timely and proper manner. Customer will cooperate with Anna in any environmentally sound sludge processing and disposal program meeting federal and state standards within the area served by Customer. 19 Article 12. Waste haulers 12.01 Customer shall not introduce nor cause, suffer or permit to be introduced, and shall prohibit the introduction of, Liquid Waste into the Customer System by liquid waste haulers, either directly or indirectly. Article 13. Reports and Records 13.01 Customer shall provide to Anna the following data on a quarterly basis: a. The actual number of Customer's accounts discharging directly or indirectly into the Customer System within its service area to assist Anna in planning to meet Wastewater needs of Customer and for construction of Phase 2 to the Wastewater Treatment Plant; b. A classification of domestic and nondomestic accounts within Customer's Service Area by number and percentage of accounts discharging directly or indirectly into the Customer System; and C. Additional data which may assist Anna in developing methodology for cost - of -service studies, planning studies for analyzing federal grants, and system access fees; provided, however, that Anna shall not request data that will require Customer to incur unreasonable expenses in providing such data or the production of confidential information. Article 14. Notices 14.01 Any notice, communication, request, reply or advice herein provided or permitted to be given, made or accepted by either Party to the other Party must be in writing and mailed certified U.S. mail, return receipt requested to: City of Anna: City of Anna Attn: City Manager 120 W. Th Street Anna, Texas 75409 With a copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 20 Customer: Collin County Municipal Utility District No. 12 Attn: President, Board of Directors c/o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 With a copy to: Allen Boone Humphries Robinson LLP Attn: Kelsey Taylor 4514 Cole Avenue, Suite 1450 Dallas, Texas 75205 Each party shall provide written notification to the other of any change in address. Article 15. Inspection and Audit of Records 15.01 Complete records and accounts directly or indirectly related to the subject matter of this Contract shall be maintained by each Party for a minimum period of five years or such longer period of time as may be required by applicable law. Each Party shall at all times, upon notice, have the right at reasonable times to examine and inspect records and accounts directly or indirectly related to the subject matter of this Contract during normal business hours; and further, if required by any law, rule or regulation, make the records and accounts available to federal and state auditors. Article 16. Consent 16.01 Whenever, under the terms of this Contract, Anna is permitted to give its written consent or approval, Anna, in its discretion, may give or may refuse such written consent or approval and, if given, may restrict, limit or condition such consent or approval in any manner it shall deem advisable; however, consent will not be unreasonably withheld. Anna's consent must be provided in writing and from a person authorized to act on Anna's behalf. Should Anna refuse such written consent, Anna shall provide written notice to Customer indicating basis for such refusal. Article 17. Breach of Contract/Remedies 17.01 Any material breach of the duties or the obligations of this Contract, or failure to faithfully keep and perform any of the material terms, conditions and provisions hereof 21 shall be subject to the remedies provided herein, including but not limited to termination. The non -breaching Party shall provide the breaching Party ninety (90) days written notice of its intention to terminate this Contract if the breaching Party fails to cure the material breach. The written notice shall include a reasonable description of the breach. If the Customer is the breaching Party, and fails or refuses to commence meaningful action acceptable to Anna to cure the breach within receipt of notice from Anna, then Anna shall have the right, with three years advance written additional notice to Customer and without any liability whatsoever on the part of Anna, to declare this Contract terminated at the end of such three year period. In the event of termination of this Contract, all rights, powers, and privileges of Customer shall cease and terminate and Customer shall make no claim of any kind whatsoever against Anna, its agents or representatives, by reason of such termination or any act incident thereto. In the event Anna gives notice of termination, and Customer subsequently cures the material breach, Anna shall withdraw the termination notice. In any event, the non -breaching Party shall advise the alleged breaching Party in writing immediately upon acceptance of the cure of any default. The following shall, without limitation, be considered to be a material breach: a. Customer's failure to adopt and enforce policies or standards necessary to enforce any applicable Anna ordinances, or any applicable state or federal laws or regulations; b. Customer's failure to pay any bill, charge or fee as provided for in this Contract; C. Customer's making any connection to the Anna System at any point except as provided in Section 2.03; d. Customer's failure to provide Anna ingress and egress for purposes of sampling and operation and maintenance of any metering or any sampling facility; e. Customer's failure to provide Anna rights -of -way as required herein; f. Customer's failure to permit any sampling of Wastewater as provided for herein; g. Customer's failure to disconnect Customer's Industrial Users pursuant to Section 8.04; h. Customer's failure to abide by Significant Industrial User requirements outlined in Article 8; i. Customer's failure to maintain the quality of discharge required by Article 9; 22 j. Customer's failure to comply with Article 19 of this Contract; or k. Anna's failure to timely provide the necessary Wastewater service to serve the Customer in a volume of Flow not to exceed the Customer Annual Amount of Flow. 17.02 Failure to provide notice of breach is not waiver - Anna. Anna's failure to provide a notice of breach or acceptance of any benefits under this Contract for any period of time after Customer's material breach, default or failure is not a waiver by Anna of any rights relative to any subsequent material breach, default or failure. 17.03 Failure to provide notice of breach is not waiver - Customer. Customer's failure to provide a notice of breach or acceptance of any benefits under this Contract for any period of time after City's breach, default or failure is not a waiver by Customer of any rights relative to any subsequent material breach, default or failure. 17.04 If a Party is in default under this Contract, then the non -defaulting Party shall, whether or not the termination provisions of this Article 17 have been invoked, be entitled to all remedies available under applicable law including, but not limited to, specific performance, injunctive relief, mandamus relief, and damages; and termination as provided in Section 17.01. 17.05 Each Party hereto acknowledges that this Contract is for the providing of goods and services to the other Party and, pursuant to Section 271.151, Texas Local Government Code, each has waived its immunity from suit solely for the purpose of the other Party enforcing the express terms, conditions, and obligations of this Contract. Article 18.Ownershiu and Liability 18.01 No provision of this Contract shall be construed to create any type of joint or equity ownership of any property, any partnership or joint venture, nor shall same create any other rights or liabilities. Customer payments (whether past, present, or future) will not be construed as granting Customer partial ownership of, pre -paid capacity in, or equity in the Anna System. 18.02 Liability for damages arising out of the transportation, delivery, reception, treatment, and disposal of all Wastewater discharged into the Anna System shall remain with the Customer, together with title and ownership thereto, until such Wastewater passes through the Approved Connection Point(s), at which time title, ownership and liability for such damage shall pass to Anna, save and except that title to any Prohibited Discharge and any liability therefor shall not pass to Anna unless such Prohibited Discharge originated in the Anna System. Any effluent produced by and discharged by Anna from any treatment 23 plants owned or operated by Anna shall be owned by Anna, regardless of originating source of Wastewater. 18.03 Contracts made and entered into by either Customer or Anna for the construction, reconstruction or repair of any Delivery Facility shall include the requirements that the independent contractor must provide adequate insurance protecting both the Customer and Anna as insureds. Such contracts must also provide that the independent contractor covenant to indemnify, hold harmless and defend both the Customer and Anna against any and all suits or claims for damages of any nature arising out of the performance of such contracts, and include any other provisions required by federal, state, or local laws or regulations. Article 19. Compliance with Permit Conditions 19.01 Customer acknowledges that Anna is the holder of discharge permits issued by the United States and the State of Texas. Customer agrees that it will comply with all such permit conditions in any way relating to the System and the discharge into the System. Customer agrees that in the event a fine is assessed against Anna for any violation of any permit condition, and the violation is the result of any act of omission or commission by Customer, the amount of the fine will be assessed to Customer and Customer shall pay to Anna the amount of such fine. If such fine is not attributable to a specific customer, such fine shall be considered a System Cost and allocable to the Customer in accordance with the provisions of this Contract. Article 20. Term of Contract 20.01 Subject to the provisions of Article 17 hereof, this Contract shall continue in force and effect for an initial period of twenty (20) years from the Effective Date hereof and shall be subsequently extended automatically for additional ten-year terms until terminated by either Party. A Party wishing to terminate this Contract pursuant to this Article 20 must give the other Party no less than three (3) years advance written notice of its intent to terminate. Article 21. Force Maieure 21.01 No Parry hereto shall be considered to be in default in the performance of any of the obligations hereunder (other than obligations of either Party to pay costs and expenses) if such failure of performance shall be due to circumstances beyond the reasonable control of the Parties, including but not limited to, the failure of facilities, flood, earthquake, 24 tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute and action or non -action by a failure to obtain the necessary authorizations and approvals from any governmental agency or authority or the electorate, labor or material shortage, sabotage, or restraint by a court order or public authority, which by the exercise of due diligence and foresight the Party could not have reasonably been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Either Party rendered unable to fulfill any obligation by reason of an uncontrollable force shall exercise due diligence to enable fulfillment of its obligations under this Contract. 21.02 As noted in Article 10 of this Contract, this Force Majeure provision shall not be applicable to any claims by Customer regarding Inflow or Infiltration. 21.03 In the event the proper operation of the Anna System, as a result of the circumstances described in Section 21.01, requires Anna to temporarily interrupt all or part of the services to Customer, Customer shall not recover any damages from Anna arising from or related to the temporary interruption of services, including, but not limited to, any direct or consequential damages. Article 22. Effective Date 22.01 This Contract, together with all terms and conditions and covenants, shall take full force and effect on the later of the dates this Contract is approved by Anna and signed by the authorized representative of each Party. Article 23 Miscellaneous 23.01 This Contract is subject to all applicable federal and state laws and any applicable permit requirements, ordinances, or amendments adopted pursuant to Article 9, and all applicable rules, orders, and regulations of any state or federal governmental authority having or asserting jurisdiction, but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, ordinance, order, rule or regulation in any forum having jurisdiction, or of any right to appeal any decision or ruling by same. 23.02 Customer agrees to abide by any changes in this Contract made necessary by any amendment or revision to applicable state or federal regulations. 23.03 In each instance herein where reference is made to a federal or state regulation or statute or to the Anna City Code of Ordinances, it is the intention of the Parties that, at any given time, the then current federal or state regulation or statute or Anna ordinance shall apply. If a publication or reference work referred to herein is discontinued or ceases to be the generally accepted work in its field, or if conditions change, or new methods or PAI processes are implemented by Anna, new standards shall be adopted that are in compliance with state and federal laws and any valid rules and regulations pursuant thereto. 23.04 Anna shall comply with all federal, state and local government requirements necessary to obtain grants and assistance for system design, system construction and studies. Customer agrees to assist Anna in compliance by setting adequate rates, establishing proper user charges and complying with governmental requirements. 23.05 All exhibits to this Contract are incorporated herein by reference for all purposes wherever reference is made to the same. 23.06 Section or article headings in this Contract are for convenience only and do not purport to accurately or completely describe the contents of any section or article. Such headings are not to be construed as a part of this Contract or any way defining, limiting or amplifying the provisions hereof. 23.07 This Contract constitutes the sole and only agreement between Customer and Anna and supersedes any prior understanding or oral or written agreements between Customer and Anna with respect to the subject matter of this Contract. 23.08 This Contract shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third -party beneficiary of this Contract. Each Party hereto shall be solely responsible for the fulfillment of its customer's contracts or commitments, and Anna shall not be construed to be responsible for Customer's contracts or commitments by virtue of this Contract or any provision contained herein. 23.09 Customer shall neither assign any of the rights or obligations of this Contract nor contract with individual or entity located outside Customer's boundaries to connect to Customer's System without Anna's prior written approval, which approval shall not be unreasonably withheld. 23.10 Each Party shall provide the other Party with a copy of the minute action, order, ordinance or resolution authorizing the execution of this Contract. Article 24. Step Dispute Resolution 24.01 Disputes other than Rate or Fee disputes. In accordance with the provisions of Subchapter I, Chapter 271, Tex. Local Gov't. Code, the Parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this Contract, the Parties will first attempt to resolve the dispute by taking the following steps: (1) a written notice substantially describing the nature of the dispute shall be delivered by the 26 dissatisfied Party to the other Party, which notice shall request a written response to be delivered to the dissatisfied Party not less than five days after receipt of the notice of dispute; (2) if the response does not reasonably resolve the dispute, in the opinion of the dissatisfied Party, the dissatisfied Party shall give notice to that effect to the other Party whereupon each Party shall appoint a person having authority over the activities of the respective Parties who shall promptly meet, in person, in an effort to resolve the dispute; and (3) if those persons cannot or do not resolve the dispute, then the Parties shall each appoint a person from the highest tier of managerial responsibility within each respective Party, who shall then promptly meet, in person, in an effort to resolve the dispute. Any suit filed prior to performing these steps shall be abated pending completion of this step process. This Section shall not apply to any disputes regarding rates or fees Anna charges Customer. 24.02 Rate or Fee Disputes. Customer agrees that, as a condition precedent to instituting any lawsuit or other proceeding arising from a rate or fee dispute (including any surcharges Anna may assess) under this Contract, Customer shall first attempt to resolve the dispute by taking the following steps: a. Customer shall deliver a written notice substantially describing the nature of and reasons for the dispute to Anna; b. Anna shall respond to the dispute notification in writing within ten business days after receipt of the notice of dispute; C. if Customer does not believe Anna's response reasonably resolves the dispute, Customer may, within ten business days after receipt of Anna's response, request, in writing, that the Anna City Council consider the rate or fee dispute; and d. Anna shall, within ten business days of receipt of Customer's written request that the Anna City Council consider the dispute, place the matter on the Anna City Council agenda for either a regular or special meeting. 24.03 Customer shall appear before and have one hour to present any evidence and arguments it has regarding the rate or fee dispute to the Anna City Council. The Anna City Council shall issue a written final decision regarding the rate or fee dispute within ten business days after Customer's appearance and said decision shall be final subject to any remedy Customer may have under applicable law. The date on which such written final decision is received by Customer shall be the date of notice of Anna's rate decision. 27 Article 25. Exhibits 25.01 The following Exhibits are attached to and made a part of this Contract, and are incorporated by reference for any and all purposes wherever reference is made to same: Exhibit "A" — The description of the Customer's Service Area. Exhibit "B" —The Basin Map, including the location of the initial Approved Connection Points at the time this Contract is executed. Exhibit "C" — An example of the methodology Anna shall use to calculate the cost of service. Exhibit "D" — Proposed anticipated wastewater flow from the Customer to the City of Anna Exhibit "E" — Preliminary 5-year rate estimate Exhibit "F" — Metering and Sampling Facility Information 28 Executed on this �ay of .QC 2022r' V CITY OF ANNA Ryan enderson Cit�Manager Attest / . - .. - - ­oz '. r-h Carrie L. Land, ltityecretary Executed on this day of 2024 Collin County Municipal Utility District No. 12 President Attest Secretary 29 v Executed on this ay of 202-4- Executed on this 10 day of �'2024 Collin C ty Mu icipal Utility District No. 12 ;ci � ,M; , President Attest '-Secretary 29 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of 20 4� , by lC c�t � It[� lr��j L�l'� of We City of Anna, Texas a Texas Home -Rule Municipal Corp ration, on behalf of said municipality. ```1'III", CARRIE L. LAND �Pav aye _x°, :Notary Public, State of Texas i9 +r4 Comm. Expires 02-04-2027 O;,�i` Notary ID 11419404 STATE OF TEXAS § COUNTY OFlP § -MM ffior:� wra, Notary Public, State of Texas This instrumepA was acknowledged before me on the day of�"�' 1 20 � , by �/��i �>i?��if �/'G,��t` of the Collin County Municipal Utility District Number 12, on behalf of said corporation. Notary Pubic, State of Texas ``111"', TIFFANY JOHNSON Notary Public, State of Texas Comm. Expires07-15-2028 Notary ID 132580553 EXHIBIT A CUSTOMER'S SERVICE AREA METES AND BOUNDS DESCRIPTION: BEING a 72.9.025 ,tire t-�-t of [a il , n.ated c, tile.1, r4u1f14v,qcr Surmv, Ahs'irl, Nii-.re!5 SEC and 367 And 11­eW. Ilicc Suvej, ALIA:dLt Nxn�vvr JQ. CA in Cr-i-Aly, -t_Xdb Tid :;Eiflq a I of thou [I -acts cr [inc calcined z:s I a-vl Tract 2;a1!cd 55.57'. Azne-, ard Ima .1 C&C.A. 2(,'-41.Arrc- Ltd. WCW.-d Ir 11st.m.-ncrit.N,,ff.hp.. OPRff-T rtlid L,o')g mo-e Patrilaly k5clned as f6inw; BEGINNING to the eaprox nred,l of Cu-nly Road No. 221 at:,N! Ncrthea't _u !­T of Yid ,.t . J Tfa: wc 11,._ No-0 smi coYnei Of said 222 r-zrrn Tr,--t; n1C%'C!r 14C.1th 05'3Z43" East, with said aWtoxiftia-2 cae-fine of cfju. ,ty Pco� 1­ 222, A Jimwittv j- 1,451q.82 f_-t if,, a joLl i 1,xg nm .:T ThP ((:mur of said U; Farm LeX(; THENCE South 6-*C-S'4.'t"FPII,.3,:iStdrce of2.7.i.9) feet toapci-t: THENCE S.mth 18`1359" Eim., ;., cstartze 311 213.v5 feet trn metal rerCc pc`A; 1HENCESouttiLdy :i4ner_NKa1otl,,l a feml-art r.'ip, Fast. h :dwic 222 tract the 10110111mj 5-lel 1. Sou!"i 29'3f.'l 5' Will, i distance. of 97.74 ftet t-) D Daint; 2. Sotf-t 77-52711' We5r, 8 d,-tv%p cf 15.02 fret -.-, -!.-I L 1�_L; 3. S' min 6'23 47" Ear, a ccitanc.e rilf !N.47 feet tc a part, 4. Sole 81-'4 01" Went. z durance of 44.71 ftrei to a X.i -r; S. Safth n Fast, a d:st.c-_Q( feet to a prate; 5_ gQjth Z'14'11v" rtv_ d d stanc-n of 5i81 rm t0 a ofinit; 7. Nuutf, 6Z"D'54* East. a disLatic.-- J -13836, fr i :o a Doir.: is Iht! a itp,okolsat­ *A,l Lank of '.Ihtl.:-- QuLk: T-H FNCE Swtf wr y a o N I he j ;C f L%(l n! �,.LL VVe-ett rA-ts V -J; vtc-1 Cr�ct, m.1 gerleratj alonq a rcqcc the falvm-4 ro»r ll) coem-, itrvi ce,- 1. &,Kill, 2 2138'3m 1 Fast, z C istanze of 138. " r Cet to c pant, 2. Sauth 2.9401'59" Ea;% e citarrc of 93.17 fri I'l d Pl*; 3. &Yjth 19107 Ifi- Fiw, a cilart-,e cA 223.32 fF,-t Ir, a im,;!, 4-S-M11 '! I X' Emit a dictaxe 0 162.C4 'ept in a pra ( e the i4jr.mX1111're _Mterllne Of 2 awk Wpcwy d utN J it. aWwodni4ze ct $A, C& f6k.wi-,gi -%enty-1 im (2T , c-mruK and 4 1. fist}' 89-14'06' 7f,,i, adis:jtv e cr t3i.49 fczt a pa nt. 3 50-1111 Sa" , 61".11 -Akst, a a 24.6: fccr tc a pant, soith 90'29'19" lAfz%1, z dis;;�mr of s8.7 foot to a firlint, 5. So ­Laif - _^eh ttojpjn% 6- NW.) 71'17%6' West, a d6t.11CC of 23.49 feat to , ,.ord; 7. SOX) "fle"t, a distance of ZU,15,7 fee-. to a point; 8. NOO 8)*0359' %VmA, b di-ti:nrr rf 2C,. 19 feet to a F^-w, 1). N0^th 5'711744' %nesj, e diutzrr. rJ 44.62 feet to d jxi,t; A. Noth 57" 4 32- 4)jr-5t, t cinterce F,005 feet to d Port: 11. solith. a' ista>,+_e of 16.11 rp"t to a poirt; 12. South 111513,1r, Fast. a cstar,,p of 36 22 xj to a poln-; 13. Scuth 72*04'17' Wittt_ , d dance zif 23.83 to a pot"11, 14. Nalif 44i°44'1 1" a OiL�-riz 01 3162 feat tt a Pont; 15. North I-­,59­,6" a ('15talce of 1.7.15 teclt LA a po!it; 15. Nolh 81 . 41'44" WE57t a,3mtaKe of 4b.0 (L-0 tt' pcyit; 17. Nxih E9128'%" a cifstax_e CA tb&T, feert Lc a pf,..-.t; 16. 50ith C4,1724" Yk-M. alswve of 10-1:1 fa-1 Lu d poll; 19. So.ith 16'14!; £" 'Ak-A, A d s1wre or NL-t tc a pant; 2C. Soith 4)%kq1i2" We -A, a jistatce ul`956favt tr a port; 21. Soilh *M:,A, a OsWce ofS 97 F--Ktc a P011-T; 22. %011.11 13'33"27' WzN, if if lame of 5.52 rfft to a paint; 73. %Gt_,ht :7'ZC 1' Wera d.stanreot 1 11i --A tc a pair:; ,4. Nur.h 55'LlYCt.' WLSt. rI (I attar?. •'t 64 ft!y III a pne,; 25. scl;-n bu'! , U 6.!' Wutt. a dstmrcf, of 5.29 .`e�-t :c a vjirt; 2 fi, _90,zt 11t3 30' Went, a Listwice cf 7 !.07 'BP! 0 3 Ddrr,, 27. Nlyt., 34­,9'25' Wnl., a distance r( 1;.64 feet tci a 23. Not?1?01'44' Wfsf, d d,sl_mcf `­`6 feat to a p,;, nt: 29, Suutti 87* 5741' West, a (jstw.cL cl 1: - I.Sq fve*, t0a filcm S,18 01:11 ito , •ud )with yel rm caDsUrped 'i v!uton'; THFN':F Sou'li I , '12'33' 1.7�1, a a* 1.,1013.22 fmpt to a am, idled�_TcreTe 1`11011.1maXX tt:n v;oulflcant comer rf sad Trar 2 CA vJ 65.5.1: Aires: I HENCE Scitith 89,,22'.N' Y,*Psr, ri 4LB. 14 pnin"A.. an ir-w all C14r?r of 5aI4 Tr,rd 2 Calicril 6S.571 Actes: THENCE *,'.mth 1'3/ ilf' !hut. n rf,sra­ce of 581.0feet to a -oj-d SIR irch ano rati At the S*juttwmt corner C4 cxtl Tr .I 2 001,< 65,Sil Arcs; THENCE 5ntlh 891003" Vvctt, c u5tPrcit,.1f :, :r5.32 reeL u.) e fmYJ 10-circte rnwumew at We!k,,AmLs� _trier ofsaid TraC.2 Called 6-1.5-1 A, r­; T mcc Nurv, 1'15'33' Fmr, A tfisist., e of 532.18 lmp.- to z! low%; 5 ' tO Irch I: on j.-d a- the colf!J* *?.rt •mmer V rand Ira t 2 Cal ad 26.441 Ac^­: -HENCE ft"7t, 111L-,I, a distance V 1fit3.2fl fez` to a towd Sig rch i -nn , ce., THENCE Na 111 C'49'22" Esist, a (I 5taiv__ J 130.01 fort in a fttjll 118 ch' vy, Tvj: .11 Hk,%C= Nor�fl 93'il'4;" Well.% A 6tilwt of 322.16 fp-.!t in a pt.vll in tie East tT9hZ-c4-%vat, inc of F.,v,m f,, Itta,k,it ftv_d Nu. 3SISl% 4 vmla�e nillh I fjM cr Yay; Tvii.NCL North 6"13 16" Fait, will %*c, Edst of I,C.EA. )7 fiW. to , tKifft: TI fE!tC-F W41i Y4T17' Cast, ouinfirunc, wal, sM East .-)g-r-cf-mi; ne, a •.fina cc of 8527.52 feet ;o a ;IjIT', sit :he 1,­rECCIICf,'Aith &J-1 :­5T pi-d way !ire and ca s Fy ruxlmafe easel Itrr o' Coun7v RoEd ?Jn :22 at the N;C t1twSt rulner cf FaKI T-a-L 1; Tft-'NCE 5.,t1l 82"19 51" ka,:, viLti _,Q:11 arpro4lizTe rcnl.s:lrc G' Cmmy loaC t,,j. 222. ;,1 Alstmcoe -I 1.St13.1I tCVT 7.1 H-r POINT Of BEGINNING And cart-ir.r1ri .129.Q75 ;K.-p.5 Cf yard, - C, fL _ ;r S, %,[I Fqll -jXi.- 1222 ac-'s r* iall 11, sad Coon-v Raafl 'w 222, ledting nl 27RF L3 acrc-, mare o,1aKF_ An exl'.0ij of mtinn daral b_'coinf;Arv� It-. EXHIBIT'A' 229.035 GROSS ACRES YAZEL PEEBLES & 226.813 NET ACRES 1. H i JFI-L DIAGE R StJRVEY, AHS i F A1_7 NO. 366 AN[) 367, 1) FS: 1 P RE L H lij ASSOCIATES LLC %tO. ') IN- Pftl;,E SURVEY. Aa_-ikAaf W). 69i % Bcdrord. TX 76rr9s 917.268'3316 11 rid Tr. -. -I W ­y irfole mabi4Nat -M " ­1 If 1, b, v wm,ti'A­i,­ f ill, I Z024-140-01 pmf: ) ui4 & 4. WuLtuv m &t milrzi &w%iu­ 1­.:l r: w� -.-I. 30 EXHIBIT B BASIN MAP, INCLUDING APPROVED CONNECTION POINTS I I HM15^. F i SERL•7CE A fiFL , i APPVCA,W RRCAEF.,'Y '.. u©UACARY I SCXARGE r� D RCC TF 1 C4SCH.4,RGE 1 .POINT j j • I Vkstwood COLLIN COUNTY MUD No. 12- SITE MAP HURRICANE CREEK ,REGiONA!. SEWER SHED 31 EXHIBIT C AN EXAMPLE OF THE METHODOLOGY ANNA SHALL USE TO CALCULATE THE COST OF SERVICE An example of the methodology Anna shall use to calculate the cost of service once the conditions of Section 7.03 are met. 1-1 Year IP AJi i.MG01 WYN7P Cspari4y WhVTP l: alx'ISo-: I Cr - --70w CroRcclian r n•.t•: rx.321.00 ow E.p—`nr 4-1—Crrck Ra:ln CCMU012 ilmr (MGO) CC'63U0177rans0al length In NH�tiranr Cn•rk 5Y•I1m Il:l CCMU012 CCM47O32 PrPp0rtr,3na111-N W'W.rPffi Srwor lilLM Annual C ; CCMU012 Rats' i$11 may) -Y24.25 0.5 0.5 996.579.IG 5 $ / D60,900.)G C1 21 OW% 5 Y25-26 1.15 1.5 5 2,501,46:.54 S 102,721.CC 5 2.620.392.54 2(26 23 1.26X 5 1.1199.2U 5 119 Y26-27 1-92 2.5 4,274C97M 5 115.541.7E 5 4,390,036.26 0.05 21 3.243, 5 2.743.Z2 6.9E Y27-28 1.44 2.5 5 6.100.63300 S 722.806.42 5 6,223,444.92 0 D971 2 3.EMM 5 3,575.UrJ 5 7.J4 Y29-29 3,06 4 $ &.054.613.00 5 iN-11R 31 R.SRS 3Si.73 014 77 4.5R S 4.377.52 5 7.W Y29-30 3.6 t 510,191,673.00 5 13R.76943 5 70,3I0, 3R2�93 01R5 23000 5015'. 5 $.096.iR $ R23 *Note: In FY24-25 and FY25-26, Debt Service Interest & Principal for the construction of the facility is only partially included in the rate calculation. The portions not included are being funded solely by the City of Anna. Additional debt service issuances in FY27-28 thru FY29-30 are required to achieve treatment capacity of 4MGD. *Note: A 15% surcharge is included in the base rate for all customers to cover additional service costs, including contract management, financial management, utility billing, and financial consultant costs. 32 EXHIBIT D PROPOSED ANTICIPATED ANNUAL WASTEWATER FLOW FROM MUNICIPAL UTILITY DISTRICT TO CITY OF ANNA Anticipated Flow toAnna Interceptor System Collin County Municipal UtiIityDistrict 12 11/13/2024 Avg. Daily Eq. New Cumulative Cumulative Cumulative How Year Homes RowAvg. Day How Avg. Day Peak Day How per Year' Increase (CPD) (MGD2,4) (MGD3,4) (crews F12023-2024 0 0 0 0 0 F`2024-2025 0 0 0 0 0 F12025-2026 103 26059 26059 0.026 0.104 FM26-2027 130 32890 58949 0.059 0.236 F12027-2028 152 38456 97405 0.097 0.390 F12028-2029 170 43010 140415 0.140 0.562 F12029-2030 175 44275 184690 0.185 0.739 Total Equivalent 730 Homes (1) Equivalent si ngl e fami I y house flow based on US average of 2.5:3 people per home (2) Based on 100 gallons, per capita, per day (3) Peaking Day factor of 4 (4) Based on WWTPphasing plan for initial construction (0.5N/GD, 2MGD, 41VIGD) 33 EXHIBIT E Preliminary 5-year Rate Estimate Fiscal Year (XMU'-)12* (St`I,000 alj 1-Y24-25 $ FY25-26 $ 6.49 FY26 J7 $ 6.98 FY27-28 $ 7.39 FY28-29 $ 7.80 FY29-30 $ 8.23 Note: Rates shown above are estimates based on cost projections over the rate period. Annual rate calculations will be made and provided to the Customer on an annual basis no less than 60 days prior to the start of each fiscal year. The City ofAnna fiscal year begins on October 1'. 34 EXHIBIT F Metering and Sampling Facility Information A highly flexible monitoring platform, adapting rig-i'll along with your current need and any trulure changes in your requirements. T" rev.. W LCIO. 35 I I I A,pplicatio n - • Sh zf!z, P 5.1andand Feaf.ures i, F I ApeTELEDYNE ISCO I . - , I ' yowl:-.-:.. Signature Floav 1y1eter En c)c smc. Ps,v,e: Requited. Cable Erttry. _ F?ajv Measurement -- -- — ---- ------ . — - — Technolagies: ... hrpdts: ... _ Setup. New Canvor lions: Data Sol are Data Retfeeal. Sampler lntatiace: - lele(i'yne ISCO 36 Input Options Output Options Available Measurement Technologies Hazardous Location Technologies �, TELEDYNE ISCO CONFIGURABLE INTELLIGENT Simple, Comprehensive Cost Effective and Easy StMPLIFIED PLANT INTEGRATION Low Cost of System Integration (161 %V Easily Expandable 00i Common Platform Preventive Maintenance Easy Data Retrieval Certified to MCERTS 4 C-1 Arum maid wart aaVe:ry IG . 37 Signature Flow Measurement Technology Guide 6 :'- 6 Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2025000018245 Real Property CONTRACT Recorded On: February 18, 2025 02:11 PM Number of Pages: 40 " Examined and Charged as Follows: " Total Recording: $177.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number Receipt Number: 2025000018245 20250218000560 Recorded Date/Time: February 18, 2025 02:11 PM User: Amanda J Station: Station 6 Record and Return To: CITY SECRETARY CITY OF ANNA 107 W 7TH ST ANNA TX 75409 STATE OF TEXAS Collin County I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas Honorable Stacey Kemp Collin County Clerk Collin County, TX :4m M11 • i d�W A R'i� Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2025000027828 Recorded On: March 11, 2025 12:11 PM Total Recording: $193.00 Real Property RESOLUTION Number of Pages: 44 " Examined and Charged as Follows: " *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2025000027828 CITY SECRETARY Receipt Number: 20250311000425 CITY OF ANNA Recorded Date/Time: March 11, 2025 12:11 PM 107 W 7TH ST User: Amanda J ANNA TX 75409 Station: Station 6 STATE OF TEXAS Collin County I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas Honorable Stacey Kemp Collin County Clerk Collin County, TX i