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Draft <br />RESOLUTION NO. <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, <br />AUTHORIZING AND APPROVING AN AGREEMENT BY AND AMONG THE <br />CITY OF PARIS, TEXAS, NEXTERA ENERGY AND DAISY FARMS, LLC, FOR <br />THE USE OF EXCESS RAW WATER FOR IRRIGATION PURPOSES AT DAISY <br />FARMS COMMERCIAL DAIRY LOCATED ON SH 19/24 AT FM 2036, <br />LAMAR COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO <br />NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS; MAKING <br />OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND <br />PROVIDING AN EFFECTIVE DATE. <br />WHEREAS, the City of Paris, Texas (hereinafter "CITY") has an existing agreement <br />with NextEra Energy for the sale of raw water for their industrial usage at the NextEra <br />Power Plant up to 8 MGD; and <br />WHEREAS, NextEra does not use all of its contracted supply and desires to allow <br />Daisy Farms to utilize any of NextEra's reserved raw water not needed by its operations. <br />NextEra retains the priority right to the raw water and Daisy Farms is not guaranteed a <br />minimum quantity of raw water; and <br />WHEREAS, the City Staff recommends the sale of raw water to Daisy which is over <br />and above the actual supply taken by NextEra on a daily basis but which does not exceed <br />the maximum daily contracted amount of eight (8) million gallons per day; and <br />WHEREAS, NextEra agrees to amend its agreement with the City of Paris to allow <br />for this diversion of raw water. NextEra and Daisy Farms would be responsible for all costs <br />relating to the transmission of the raw water to their facility; and <br />WHEREAS, the term of the Excess Raw Water Agreement with Daisy Farms is 30 <br />years but can be terminated for failure to perform the terms of the contract; and, <br />WHEREAS, the City Council of the City of Paris hereby finds that it is in the best <br />interest of the City of Paris and its citizens to allow City to sell excess raw water to Daisy <br />Farms and does hereby authorize the City Manager to negotiate and execute an Agreement <br />with Daisy Farms, in a form similar to the agreement attached hereto as Exhibit "A". <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />PARIS, TEXAS, THAT: <br />Section 1. The findings set out in the preamble to this resolution are hereby in all <br />things approved. <br />Section 2. The terms and conditions of the Agreement, having been reviewed by the <br />City Council of the City of Paris, Texas and found to be acceptable and in the best interests <br />�.3 <br />