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Draft <br />RESOLUTION NO. <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, <br />AUTHORIZING AND APPROVWG AN APPLICATION FOR AMENDMENT TO <br />ITS CERTIFICATE OF ADJUDICATION NO. 02-4940A WITH THE TEXAS <br />COMMISSION ON ENVIRONMENTAL QUALITY TO ADD AN <br />AGRICULTURAL PURPOSE OF USE TO ALLOW THE CITY TO SELL EXCESS <br />RAW WATER TO DAISY FARMS FOR AGRICULTURAL PURPOSES AT <br />DAISY FARMS COMMERCIAL DAIRY LOCATED ON SH 19/24 AT FM 2036, <br />LAMAR COUNTY, TEXAS; AUTHORIZING THE CITY MAIVAGER TO <br />EXECUTE ALL NECESSARY DOCUMENTS; MAKING OTHER FINDINGS AND <br />PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN <br />EFFECTIVE DATE. <br />WHEREAS, on December 10, 2012, the City Council approved an Excess Raw Water <br />Supply Agreement between the City of Paris, NextEra Energy (Lamar Power Partners) and <br />Daisy Farms whereby Daisy Farms could purchase up to 3 million gallons per day of raw <br />water off of the unused capacity allocated to Lamar Power Partners (8 MGD); and, <br />WHEREAS, the City's existing water right permit with the State allows the City to <br />divert up to 20,000 acre feet of water per year from Lake Pat Mayse to the Sulphur River <br />Basin for industrial (power plant) purposes. This Application for Amendment of Water <br />Right will add "Agricultural" to the permitted purposes for this water in the Sulphur River <br />Basin so that the City can sell excess raw water to Daisy Farms; 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 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 approve the filing of the Application for <br />Amendment of Certificate of Adjudication No. 02-4940A with the Texas Commission <br />Environmental Quality (TCEQ) as set out in the Application attached hereto and <br />incorporated herein as Exhibit "A". <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUIVCIL 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 Application to amend Certificate of Adjudication No. 02-4940A to <br />add an Agricultural purpose of use to the existing authorization, as set out in the <br />Application attached hereto as Exhibit "A", is hereby in all things approved. <br />� _ '7 5 <br />