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' '
"