2011-072 RES AGREEMENT BETWEEN CITY OF PARIS AND DAISY FARMS

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RESOLUTION NO. 2011-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF PARIS, TEXAS AND DAISY FARMS, LLC, FOR THE SALE AND DELIVERY OF TREATED WATER TO THE DAISY FARMS COMMERCIAL DAIRY LOCATED ON SH 19/24 AT FM 2036, LAMAR COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Texas (hereinafter "CITY") has available a supply of Raw Water from which it can provide a long-term supply of Treated Water to Daisy Farms, LLC ("Daisy Farms"), and the CITY owns, operates, and maintains facilities for storing, treating and transmitting said Treated Water to Daisy Farms; and WHEREAS, it is deemed to be in the best interest of both that they enter into a mutually satisfactory agreement by means of which DAISY FARMS may obtain Treated Water from CITY for its dairy farm operations in Lamar County, Texas; and WHEREAS, the Parties have received appropriate approval from the Lamar County Water Supply District and the Texas Commission on Environmental Quality for CITY to provide Treated Water service to DAISY FARMS; and WHEREAS, in consideration of DAISY FARMS commitment to build a dairy farm in Lamar County, Texas and create a requisite number of new jobs at the dairy farm in Lamar County, Texas, DAISY FARMS has entered into an Economic Incentive Agreement with the Paris Economic Development Corporation; and. WHEREAS, the City Council of the City of Paris hereby finds that it is in the best interest of the City of Paris and its citizens to enter into an Agreement for the sale and delivery of Treated Water to DAISY FARMS, LLC for a twenty (20) year term effective June 1, 2011, and does hereby authorize the City Manager to negotiate and execute an Agreement with DAISY FARMS, in a form similar to the agreement attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Paris, Texas and found to be acceptable and in the best interests of the City of Paris and its citizens, are hereby in all things approved.