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1997-107-RES WHEREAS, COP, ACTING THROUGH ITS LIBRARY, IS DESRIOUS OF CONTINUING PARTICIPATION . . RESOLUTION NO. 97-107 WHEREAS, the Texas Natural Resource Conservation Commission of the State of Texas is encouraging the beneficial use of treated effluent; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 15th day of July, 1996, in Resolution No. 96-081, authorize the negotiation of an agreement for the beneficial use of treated effluent with Bobby McMonigle; and, WHEREAS, it is deemed to be in the best interests of the citizens of the City of Paris to enter into an agreement with Bobby McMonigle for the purchase of treated effluent from the City of Paris; and, WHEREAS, the form of such agreement, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager of the City of Paris, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Agreement with Bobby McMonigle for the purchase of treated effluent from the City of Paris, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Agreement with Bobby McMonigle for the purchase of treated effluent from the City of Paris, upon the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 8th day of September, 1997. ~- Eric S. Clifford, May[. :::. ATTEST: Mattie Cunningham, City Clerk TO FORM: . . AGREEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ THAT, the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called CITY, and BOBBY McMONIGLE, hereinafter called McMONIGLE, do hereby contract and agree as follows: WHEREAS, The CITY produces, as a result of operation of its Wastewater Treatment Plant, located approximately 7 miles North 8 degrees East from the City of Paris, sludge which must be handled in accordance with the laws of the State of Texas and CITY's Texas Natural Resource Conservation Commission Wastewater Treatment Plant permit; and, WHEREAS, the CITY has chosen land application as the method for disposing of said sludge, which application is made upon property described in Exhibit A attached hereto belonging to Loyd Barrow and Sybil Barrow; and, WHEREAS, the CITY delivers its sludge to the Barrow's property by way of a pipeline that crosses McMONIGLE'S property; and, WHEREAS, McMONIGLE desires to receive effluent through the sludge transmission line at times which do not interfere with the transmission of sludge and the transmission of effluent to Barrow for irrigation purposes; and, WHEREAS, the CITY and MCMONIGLE desire to enter into an Agreement defining their respective rights and obligations with regard to the sale of effluent to McMONIGLE for a beneficial use upon property described in Exhibit B, attached hereto, belonging to McMONIGLE; NOW, THEREFORE, in consideration of the premises, the mutual promises contained herein and other valuable consideration, the CITY and McMONIGLE agree as follows: I.DEFINITIONS. Sec. 1.1 - CITY. . . I Sec. 1.2 - Barrow. Loyd Barrow and Sybil Barrow, recipient of CITY's sludge approximately 1500 feet northeast of City of Paris Waste Water Treatment Plant property. See. 1.3 - Property Owner. Bobby McMonigle, or his heirs or assigns, who are the owners in fee simple of approximately 240 acres of land described below as Property. See. 1. 4 - Property. Approximately 240 acres of land located in the Samuel Worthington Headright Survey situated approximately 8.5 miles North 20 Degrees East of the City of Paris, Lamar County, Texas, lying adjacent to the west boundary line of a County Road, more particularly described in Exhibit B attached hereto. Sec. 1.5 - Effluent. Treated wastewater from wastewater treatment plant, approximately 7 miles North, 8 Degrees East of the City of Paris. II. CONSIDRRATION. Sec. 2.1 - CITY agrees to deliver and McMONIGLE agrees to accept effluent and reap the benefits therefrom and is permitted to use CITY's transmission equipment on a non- interfering basis, paying all the costs associated therewith, for the purpose of transmission of CITY effluent to be used for irrigation purposes on the Property. Sec. 2.2 - Sufficiency of Consideration CITY acknowledges the sufficiency of the consideration herein described. III. TRRMS. Sec. 3.1 - Irrigation with Treatment Plant Effluent. During periods of non use by CITY and Barrow, Property Owner may take effluent from valves located in manholes on City's transmission line from CITY sewage treatment plant to . . -~ agrees to design and build a pipe connection to its Sludge transmission line to facilitate Property Owner's use of plant Effluent. Property Owner agrees to supply all labor, electricity and distribution equipment to be used for irrigation. IV. TERM AND EXTENSION OF AGREEMENT. Sec. 4.1 - Tenn The primary term of this agreement shall be five (5) years, beginning on the 8th day of September, 1997, and ending on the 7th day of September, 2002. Sec. 4.2 - Extension of Agreement. McMONIGLE is given and granted an option to renew and extend this agreement, upon the same terms and conditions, for an additional period of five (5) years from and after the expiration of this agreement, which option may be exercised by McMONIGLE giving notice in writing of its intention to renew said agreement ninety (90) days prior to the expiration of the primary term of the agreement. CITY OF PARIS, PARIS TEXAS By: Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney Bobby McMonigle I I . . Clifford, Mayor of the City of Paris, 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 September, 1997. Notary Public, State of Texas STATE OF TEXAS ~ COUNTY OF LAMAR ~ BE}'ORE ME, the undersigned authority, on this day personally appeared Bobby McMonigle, 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 . GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of September, 1997. Notary Public, State of Texas Sltu.t.d " 'It o.~ miles Ilorth 20 O'~r'.s rast of t. ~Ity of P.rls, County '. ,m.r, .nd St.t, of T.x.s, . p.rt of t. r.m ~1Ilbanks Survey J07. John Corn.lIson 5Ul'V.y 11100, .nd l-..o1rd Steph.n. Surv.y 1/033. orcnmlllc .t a JO" o.k tr.. for. corn.r .t tho HortlwIOst corn.r of said Wllb.nk. Survoy N1007, nld point .lso b.lng the 1I0rthwest corner of . 2G~.13 acr. tr>ct of land conv.y.d to "'arth. Crawford Cran. by d..d rocord.d In Vol. 7.01, I'.~. 525. of the Oood necords of ..Id County .nd St.te. TllrllCE South 0 O.~ro.. 27 J.l\nut.. lI..t a dldonco of 1,0~5 f...t to an iron pin (or a corner; mEllCr Cast. dlsbnce of U5.5 foot to .n Iron pin for. corner; TllrllCr South a dlsbnco of 3GO foot to OIl Iron pin for. corner; , TIIEIlCr Ilest . distance of 39J foot to an Iron pin for a corn.r; TII[11CC South .10ng tho Cast bound.ry 11n. of . County road a dl.t.nc. of 1,540 f.et to .n Iron pin for. corn.r; TIlrllCr r..t . dlst.nc. of 207 f..t: TIl[IICr North. dl.bnc. of 115.5 foot to an Iron pin for. corn.r; TII[11cr 1I0rth on O,gr... 30 minutes Cast a dlsbnce of 295 foot to .n Iron pin for a corner: TlleNCE South 1l!:i.5 feet: TIIEIICr Cast. dlsbnc. of 14~ f..t to .n Iron pin for. corn or; TIlrllCr South. dlst.nc. of 02~ f"t to .n Iron pIn for. corner; THClIcr Ilorth 00 O.gr.es 30 minutes rast . dlsbnce of 1,4G7.5 f,.t; Ilorth Og O.groos Cast a dlsbncoof 1;341 foot to .n iron pin for a corner: TIIEt!Cr North 0 O'egroos 7 mInutes West a dlsbnce of G55 foot to . tree for. corner; TIICIICC Horth 00 O.groo. 4G minutes Cast. dl.t.nc. of 1,570.3 foot to .n Iron pin for. corner; THEIICr 1I0rth 0 O.groos 17 mlnut.. rast . dlst.nc. of 1,430.G foot to .n iron pin for. corn,r; , TIIOICC South 09 O.groo. ~O mlnut.. East. dlsbnc. of 40G.2 foot to .n Iron pIn [or. cornor; TIIENcr Horth . dlsbnce of 4G2 foot to an Iron pin for. corn'.r; TIIWcr rast . dlstanc. of GGO foot to .n l1'on pin for. corn.r In the West boundary 11no of a county ro,d; TIICIICC Ilorth a dlstanc. of 1,29~ foot to .n Iron pIn for. corner; TIIwcr West. dlsbnco of 292 foot to an Iron pin for. corn.r; TIIEIICr Ilorth a dlsbnce of 270 foot to .n Iron pin for, corn.r; TIlrllCr .long tho South boundary 1 In. of . county road as follows~ Wost 1,4% foot; North 76 O.groos W.st 1J4 fo.t; North 62 O.gre.. West 13~ feet; North 40 Oegroos Wo.t 1G5 r.ot: 1I0rth G2 O.gree. West 13G feet: 1I0rth 7G O.gre.. West 136 feet; South Og O.gr..s 30 minutes West 1,250 feet: lIorth Og O.groo. Ilest 1,446 foot; to .n Iron pin for a corner: " TIlrllCE Ilorth .long the llest boundary line of s.ld county ro.d . dlstanc. of 20 fe.t to .n Iron pin for.. corn,r: TIIElICr West. dlst.nc. of 1,7.00 foot to tho plac. of b.glnnlng .nd conhinlng 523.7. .cro. of land more or 1..., plus 3.G .cres that 11. In said county ro.ds,.m.klng . tot.l of ~27.~ .cros of l.nd. IlARROW' PROPERTY - Exhihit A I(]'I' 01 ! I McMONIGLE PROPERTY DESCRIPTION 240 ACRES Being a part of the Samuel Worthington Headright Survey and designated as Lots No.3 and 4 in Part 2, in Partition of the John W. Broad Estate, as shown in the District Court Minutes of Lamar County, Texas, Book 8, Page 101, and in Book I, also being the same property described in deed to Edward and Dahlia Jenkins, recorded Volume 605, Page 533, Deed Records, Lamar County, Texas, more fully described as follows, to-wit: BEGINNING at a stake in the East boundary line of the Samuel Worthington Headright Survey, said point being the Northeast corner of Lot No. 4, described in Book B, Page 101, District Court Minutes of Lamar County, Texas, said point also being in the center of a county road; THENCE South a distance of 4386 feet along the East boundary line of said survey and county road to a stake for corner, said point being the Southeast corner of Lot No.3, described in Book I, Page 399, Volume 2, Lamar County Deed Records; THENCE West a distance of 2382 feet to an 8" Oak post for a corner; THENCE North a distance of 4388 feet to a 6" Bois d'arc post for a corner; said point being the Northwest corner of Lot No.4, described in said Partition; THENCE Ellst a distance of 2386 feet along the North boundary line of Lot No.4 to the place of beginning, containing 240.0 acres of land, more or less Being determined by an actual survey on the ground by A. C. Fryar, Licensed Surveyor on May 18, 1963. EXHIBIT B B-1 5 j' I , . . " , " HI6HVJAY '2.71 COUNCIL PA12: oS WA~TE W"T"EI2 ,.rzEAT"ME NoT F/>.C.I LITY / CITY OF Pt>.I2.I'5 C..5 MILE":' "SLUDCig APPl..ICA710loJ SITl'O ;-] I I I nARROH ,-:! \ \ _ _..J McMONIGLE 1 -$LU CX'tE PIPELINE B-2 ~ n IN -= ZOOO' 1111 I' ,"~i' ' "