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<br />. <br /> <br />. <br /> <br />AGREEMENT <br /> <br />STATE OF TEXAS ~ <br /> <br />COUNTY OF LAMAR ~ <br /> <br /> <br />THAT, the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and <br /> <br />through its Mayor, Eric S. Clifford, duly authorized, hereinafter called CITY, and BOBBY <br /> <br /> <br />McMONIGLE, hereinafter called McMONIGLE, do hereby contract and agree as follows: <br /> <br /> <br />WHEREAS, The CITY produces, as a result of operation of its Wastewater Treatment <br /> <br /> <br />Plant, located approximately 7 miles North 8 degrees East from the City of Paris, sludge which <br /> <br /> <br />must be handled in accordance with the laws of the State of Texas and CITY's Texas Natural <br /> <br />Resource Conservation Commission Wastewater Treatment Plant permit; and, <br /> <br />WHEREAS, the CITY has chosen land application as the method for disposing of said <br /> <br /> <br />sludge, which application is made upon property described in Exhibit A attached hereto belonging <br /> <br /> <br />to Loyd Barrow and Sybil Barrow; and, <br /> <br />WHEREAS, the CITY delivers its sludge to the Barrow's property by way of a pipeline <br /> <br /> <br />that crosses McMONIGLE'S property; and, <br />WHEREAS, McMONIGLE desires to receive effluent through the sludge transmission <br /> <br />line at times which do not interfere with the transmission of sludge and the transmission of effluent <br /> <br />to Barrow for irrigation purposes; and, <br /> <br /> <br />WHEREAS, the CITY and MCMONIGLE desire to enter into an Agreement defining <br /> <br /> <br />their respective rights and obligations with regard to the sale of effluent to McMONIGLE for a <br /> <br /> <br />beneficial use upon property described in Exhibit B, attached hereto, belonging to McMONIGLE; <br /> <br /> <br />NOW, THEREFORE, in consideration of the premises, the mutual promises contained <br /> <br /> <br />herein and other valuable consideration, the CITY and McMONIGLE agree as follows: <br /> <br />I.DEFINITIONS. <br />Sec. 1.1 - CITY. <br />