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2000-139-RES APPROVING AND AUTHORIZING THE EXECUTION OF RESOLUTION NO. 2000-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN EXISTING WATER SERVICE CONTRACT BETWEEN THE CITY OF PARIS AND MARVIN-JENNINGS-CLARDY WATER CORPORATION TO PROVIDE AN EXTENSION OF THE ORIGINAL AGREEMENT DURING ONGOING DISCUSSIONS BETWEEN THE PARTIES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Paris, Texas, and the Marvin-Jennings-Clardy Water Corporation have previously entered into a contract dated July 11, 1989, whereby the City agreed to supply water for non-industrial purposes to customers located within the service area ofMJC; and, WHEREAS, the aforesaid original agreement will, by its own terms, expire on September 30, 2000; and, WHEREAS, the City and MJC continue to review and analyze their existing relationship for supply of water, addressing issues for the future supply of water mutually beneficial to both the City and MJC; and, WHEREAS, in order to enable the parties to complete the ongoing process of reviewing their existing relationship, the City and MJC desire to enter into a brief extension of the original agreement, of four (4) months duration, on the same terms and conditions as set out in said original agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That and Amendment to the existing original Water Service Contract between the City of Paris and Marvin-J ennings-Clardy Water Corporation, a copy of which is attached hereto as Exhibit A and incorporated herein for all purposes, shall be and is hereby in all things approved, and the Mayor is hereby authorized to execute and the City Clerk to attest to said amendment. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 26th day of September, 2000. ~~~ ~~ Michael J. P ster, ayor ATTEST: ~~\')~~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ~~ Stephanie H. Harris, City Attorney STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ~ AMENDMENT TO EXISTING WATER SUPPLY CONTRACT BETWEEN THE CITY OF PARIS AND MARVIN-JENNINGS-CLARDY WATER CORPORATION Recitals: WHEREAS, the City of Paris, Paris, Texas (hereinafter referred to as the CITY), and the Marvin-Jennings-Clardy Water Corporation (hereinafterreferred to as MJC) have previously entered into a contract dated July 11, 1989 (hereinafter referred to as the original agreement), whereby the CITY agreed to supply water for non-industrial purposes to customers located within the service area of MJC; and, WHEREAS, the aforesaid original agreement will, by its own terms, expire on September 30, 2000; and, WHEREAS, the CITY and MJC continue to review and analyze their existing relationship for supply of water in order to address issues related to the future supply of water mutually beneficial to both the CITY and MJC; and, WHEREAS, in order to enable the parties to complete the ongoing process of reviewing their existing relationship, the CITY and MJC desire to enter into a brief extension of the original agreement, of four (4) months duration, on the same terms and conditions as set out in said original agreement; NOW, THEREFORE, For and in consideration of these premises, the City of Paris, Paris, Texas, a municipal corporation and home rule city located at 135 1st Street S.E., Paris, Texas 75460, and the Marvin- Jennings-Clardy Water Supply Corporation, a water supply corporation incorporated pursuant to the Texas Water Code, with offices located at P. O. Box 644, Paris, Texas 75461, agree as follows: Section 1. That the terms and provisions of the original Water Service Contract (original agreement) by and between the CITY and MJC are hereby in all things extended for an additional four (4) months, beginning October 1, 2000, and ending January 31,2001, unless terminated earlier by subsequent mutual agreement of the parties. Section 2. That all terms and provisions of the original agreement, extended as provided herein, and not inconsistent with this amendment, shall remain in full force and effect during the term of this amendment. Section 3. That this amended agreement shall be effective October 1, 2000, and shall end January 31,2001. -1- EXHIBIT A ENTERED INTO the 26th day of September, 2000. CITY OF PARIS, PARIS, TEXAS By: Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney MARVIN-JENNINGS-CLARDY WATER CORPORATION By: J. D. Jackson, President ATTEST: Robert E. Harrell, Secretary THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared MICHAEL J. PFIESTER, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the pmposes and consideration therein expressed and in the capacity therein stated. -2- GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 26th day of September, 2000. Notary Public, State of Texas THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared J. D. JACKSON, President of Marvin-Jennings-Clardy Water Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of ,2000. Notary Public, State of Texas -3-