1993-026-RES WHEREAS, the City Council of the City of Paris has undertaken a project of construction entitled RAW
RESOLUTION NO, 93-026
WHEREAS, the City Council of the City of Paris has
undertaken a project of construction entitled RAW WATER
TRANSMISSION MAIN FROM PAT MAYSE LAKE TO CITY OF PARIS WATER
TREATMENT PLANT, EDA Project No. 08-01-02814 in accordance
with plans and specifications prepared by Hayter Engineering,
Inc" Paris, Texas; and,
WHEREAS, the utility easement necessary for the 36"
water transmission main across the property owned by the
Department of the Army, being Parcel No, 11, is being donated
to the City of Paris through a Supplemental Agreement between
the United States of America and the City of Paris which
amends the original easement No, DACW56-3-93-0l to take in
the new 36" water transmission main; and,
WHEREAS, the temporary construction
for the completion of said raw water
project across said property, requires
right-of-way for a temporary construction
Exhibit B attached hereto, and
easement necessary
transmission main
a license for the
area in the form of
WHEREAS, the City Council finds that the above described
utility easement and temporary construction right of way area
are necessary for said improvement project and that the same
should be approved; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the Supplemental Agreement between The United
States of America and the City of Paris amending the original
easement No. DACW56-3-93-0l to give the additional
right-of-way for the 36" RAW WATER TRANSMISSION MAIN FROM PAT
MAYSE LAKE TO THE CITY OF PARIS WATER TREATMENT PLANT, EDA
Project No, 08-01-02814 in the form of Exhibit A attached
hereto is hereby approved; and,
BE IT FURTHER RESOLVED, that the License for
right-of-way for a temporary construction area for said
project in the form of Exhibit B attached hereto is hereby
approved; and,
BE IT FURTHER RESOLVED, that the Mayor, George Fisher,
be, and he is hereby authorized and directed to execute on
behalf of the City of Paris the Supplemental Agreement
between The United States of America and the City of Paris,
in the form of Exhibit A, attached hereto, and the License
for right-of-way for temporary construction in the form of
Exhibit B, attached hereto,
Passed and adopted the 15th day of February, 1993.
~I'~e 7..t~~
org Fisher, Mayor
ATTEST:
Supplemental Agreement No. 1
Easement No, DACW56-2-69-671
Pat Mayse Lake
SUPPLEMENTAL AGREEMENT
between
THE UNITED STATES OF AMERICA
and
CITY OF PARIS
THIS SUPPLEMENTAL AGREEMENT, made and entered into by and
between THE UNITED STATES OF AMERICA, hereinafter called the
Government, and the CITY OF PARIS. STATE OF TEXAS, hereinafter
called the Grantee;
WITNESSETH, THAT:
WHEREAS, the Secretary of the Army, by virtue of the
authority vested in him by Title 10, United States Code,
Section 2669, granted an easement, identified as DACW56-2-69-671,
and hereinafter called the original easement, to the Grantee for
a water pipeline at the Pat Mayse Lake area at the locations
described therein; and
WHEREAS, the Grantee has requested additional right-of-way
for a 36 inch waterline; and
WHEREAS, the additional right-of-way will not injure the
interests of the United States in the property thereby,
NOW, THEREFORE, in consideration of the mutual benefits
inuring to both parties, it is mutually agreed by the parties
hereto that the original easement is hereby amended in the
following respects and none other:
,
In the legal description;
DELETE; "being 15.00 feet left of"
SUBSTITUTE WITH; "being 35.00 feet left of"
DELETE; "containing 3.00 acres, more or less"
SUBSTITUTE WITH; "containing 6,00 acres, more
or less"
ADD;
Condition 18, That the grantee shall comply
with all applicable Federal, state, and local
EXHIBIT A
laws, rules, and regulations relating to the
use of pesticides. In addition, the grantee
must obtain approval in writing from the District
Engineer, or his authorized representative, before
any pesticides are applied to the outgranted areas.
Furthermore, within 10 days after applying the
pesticide, the grantee shall notify the District
Engineer or his authorized representative, in
writing, of the type, amount, date, and location
of the application.
Condition 19. That the grantee shall not remove or
disturb, or cause or permit to be removed or disturbed
any historical, archeological, architectural or other
cultural artifacts, relics, vestiges, remains or
object of antiquity, In the event such items are
discovered on the premises, the grantee shall
immediately notify the District Engineer, Tulsa
District, and the site and the material shall be
protected by the grantee from further disturbance
until a professional examination of them can be made
or until clearnce to proceed is authorized by the
District Engineer.
Condition 20, That the grantee will not disturb either
archeological site, identified as LR 30, or the
remains of Camp Maxey,
IT IS UNDERSTOOD AND AGREED that the effective date of this
Supplemental Agreement No, 1, is September 10, 1992, and that the
original easement shall in all other respects remain in full
force and effect,
IN WITNESS WHEREOF, I have hereunto set my hand by authority
of the Secretary of the Army this
Richard Freeman
Chief, Real Estate Division
Tulsa District, Corps of Engineers
CITY OF PARIS, PARIS, TEXAS
ATTEST:
George Fisher, Hayor
Mattie Cunningham, City Clerk
APPROVED AS TO FO~~:
2
T. K. Haynes, City Attorney
DEPARTMENT OF THE ARMY
r~ICENSE
PAT MAYSE LAKE
DACW56-3-93-01
The SECRETARY OF THE ARMY (hereinafter Secretary) or duly
authorized representative hereby grants to the CITY OF PARIS,
135 FIRST STREET SE, PARIS, TX 77703, (hereinafter licensee) a
license for a right-of-way for a temporary construction area.
The license is for a period of five (5) years, starting
September 10, 1992, and ending September 9, 1997, but revocable
at will by the Secretary or duly authorized representative. The
license is for the premises (hereinafter premises) shown in
yellow on Exhibit A attached and made a part of this instrument
and more particularly described as follows:
A strip, piece or parcel of land, 60,00 feet in
width, and 6550,90 feet in length, Willard Stowell
Survey, Abstract 844, Lamar County, Texas, lying
west and adjacent to right-of-way easement, further
described in Supplemental Agreement No, 1 to
Easement No, DACW56-2-69-67l.
Containing 9,02 acres, more or less.
THIS LICENSE is granted subject to the following conditions:
1. The exercise of the privileges granted shall be:
a, without cost or expense to the United States;
b. under the general supervision of the officer executing
this license or duly authorized representative (hereinafter said
officer); i.e" subject to rules and regulations which said
officer may prescribe from time to time and subject to approval
of said officer, including prior written approval for
alterations, modifications or additions or the use of any
herbicide or pesticide on the premises;
c, subject to the right of the United States to construct,
use, and maintain facilities on the premises without unreasonably
interfering with the licensee's privileges;
d, subject to other outgrants of the United States on the
premises which do not unreasonably interfere with the licensee's
privileges; and
e, without liability of the United States for failure to
supervise or inspect activities or facilities of the licensee,
2, Under a separate agreement with the District Engineer, the
licensee shall pay the cost of the United States to produce or
supply utilities or services to the licensee, Such costs shall
EXHIBIT 8
include the licensee's proportionate share of the operation and
maintenance cost of the United States facilities involved. The
United States has no obligation to furnish utilities or services,
3. The licensee at its own expense shall maintain the premises
in good order,
4. The licensee shall at its own expense promptly repair or
replace to the satisfaction of said officer any United States
property damaged or destroyed by the licensee incident to the
exercise of the privileges granted. Instead and if required by
said officer, the licensee shall pay the United States money in
an amount sufficient to compensate for the loss sustained by the
United States for damages to or destruction of United States
property,
5, The United States and its officers, agents, servants, and
employees ("the released parties") shall not be responsible for
damages to property, injuries to persons, or any other cause of
action ("released actions") which may arise from or be incident
to this license or the licensee's exercise of the privileges
herein granted, Released actions include, without limitation,
damage to the licensee's property, injury to the licensee's
person, or other cause of action of the licensee, or such damage,
injury or other cause of action of the licensee's officers,
agents, servants, employees, invitees of any of these, or anyone
else othenlise on or near said premi ses incident to the license.
The licensee shall hold harmless and indemnify the released
parties for released actions which may arise from or be incident
to this license or the licensee's exercise of the privileges
herein granted,
6. The licensee shall not discriminate against any person or
persons or exclude any persons from participation in the
licensee's operations, programs, or activities conducted on the
licensed premises, because of race, color, age, sex, handicap,
national origin or religion, The licensee, by acceptance of this
license, hereby gives assurance that the provisions of Title VI
of the Civil Rights Act of 1964 as amended (42 U.S.C, 2000d); the
Age Discrimination Act of 1975, as amended, (42 U,S.C. 6102); the
Rehabilitation Act of 1973, as amended, (29 U,S.C, 794) and all
the requirements imposed by or pursuant to the Directive of the
Department of Defense (32 C.F,R, Part 300, issued as Department
of Defense Directive 5500,11, May 27, 1971) will be complied
with.
7. The licensee shall not unlawfully pollute the air, ground, or
water or create a public nuisance, The licensee shall at no cost
to the United States promptly comply with present and future
Federal, state and local laws, ordinances, regulations, or
instructions controlling the quality of the environment, This
does not affect the licensee's right to contest their validity or
2
include the licensee's proportionate share of the operation and
maintenance cost of the United States facilities involved, The
United States has no obligation to furnish utilities or services,
3, The licensee at its own expense shall maintain the premises
in good order,
4, The licensee shall at its own expense promptly repair or
replace to the satisfaction of said officer any United States
property damaged or destroyed by the licensee incident to the
exercise of the privileges granted, Instead and if required by
said officer, the licensee shall pay the United States money in
an amount sufficient to compensate for the loss sustained by the
united States for damages to or destruction of United States
property,
5, The United States and its officers, agents, servants, and
employees ("the released parties") shall not be responsible for
damages to property, injuries to persons, or any other cause of
action ("released actions") which may arise from or be incident
to this license or the licensee's exercise of the privileges
herein granted, Released actions include, without limitation,
damage to the licensee's property, injury to the licensee's
person, or other cause of action of the licensee, or such damage,
injury or other cause of action of the licensee's officers,
agents, servants, employees, invitees of any of these, or anyone
else otherwise on or near said premises incident to the license.
The licensee shall hold harmless and indemnify the released
parties for released actions which may arise from or be incident
to this license or the licensee's exercise of the privileges
herein granted,
6, The licensee shall not discriminate against any person or
persons or exclude any persons from participation in the
licensee's operations, programs, or activities conducted on the
licensed premises, because of race, color, age, sex, handicap,
national origin or religion, The licensee, by acceptance of this
license, hereby gives assurance that the provisions of Title VI
of the Civil Rights Act of 1964 as amended (42 U.S.C, 2000d); the
Age Discrimination Act of 1975, as amended, (42 U,S,C, 6102); the
Rehabilitation Act of 1973, as amended, (29 U,S.C. 794) and all
the requirements imposed by or pursuant to the Directive of the
Department of Defense (32 C,F.R. Part 300, issued as Department
of Defense Directive 5500.11, May 27, 1971) will be complied
with.
7, The licensee shall not unlawfully pollute the air, ground, or
water or create a public nuisance, The licensee shall at no cost
to the United States promptly comply with present and future
Federal, state and local laws, ordinances, regulations, or
instructions controlling the quality of the environment, This
does not affect the licensee's right to contest their validity or
2
enJo~n their applicability, The licensee shall not be
responsible for pollution caused by others,
8, The licensee shall not remove or disturb, or cause or permit
to be removed or disturbed, any historical, archeological,
architectural or other cultural artifacts, relics, vestiges,
remains or objects of antiquity. In the event such items are
discovered on the premises, the licensee shall immediately notify
said officer and protect the site and the material from further
disturbance until said officer gives clearance to proceed,
9, The licensee will use all reasonable means available to
protect the environment and natural resources from damage arising
from this license or activities incident to it, and where damage
nonetheless occurs, the licensee shall be liable to restore the
damaged resources,
10. On or before the date this license expires or the licensee
relinquishes this license, the licensee shall vacate the
premises, remove the licensee's property and restore the premises
to a condition satisfactory to said officer, except for damages
beyond the licensee's control or for fair wear and tear, If this
license is revoked, the licensee will do the same within the time
designated by said officer. If the licensee fail or neglects to
remove the property and to restore the premises, at the option of
said officer:
a. said property shall become the property of the United
States without compensation therefor, or
b, said officer may have the property removed and the
premises restored at the expense of the licensee, and no claim
for damages against the United States or its officers or agents
shall be created by or made on account of the removal and
restoration work,
11, The licensee may terminate this license by giving ten (10)
days written notice by certified mail to the Secretary through
said office.
12, This license is effective only insofar as the rights of the
United States in the premises are concerned. The licensee shall
obtain any further permission necessary on account of any other
existing rights.
13, This license may not be transferred or assigned.
14, That the United States does by these presents retain the
perpetual power, privilege, and easement occasionally to
overflow, flood, and submerge the land herein described; that no
structures shall be constructed or maintained on the land except
3
as may be approved in writing by the representative of the United
States in charge of the project,
lS, That the licensee shall not remove, cut or trim trees or
shrubs more than 10 feet tall or having a diameter of 2 inches or
more at 4 feet above ground level without approval of the said
officer. Further, the licensee will take precautions to prevent
unnecessary damage to, or defacement of, trees or shrubs, In the
event that any trees or shrubs are removed without approval, or
the said officer determines that trees or shrubs have been
damaged or defaced as a result of negligence on the part of the
licensee, the licensee may be required to replace all such trees
or shrubs so removed, damaged, or defaced, or at the discretion
of the said officer, the licensee may be required to reimburse
the United States the cost of such replacement,
16, That the licensee shall comply with all applicable Federal,
state, and local laws, rules, and regulations relating to the use
of pesticides. In addition, the licensee must obtain approval in
writing from the District Engineer, or his authorized
representative, before any pesticides are applied to the
outgranted areas, Furthermore, within 10 days after applying the
pesticide, the licensee shall notify the District Engineer or his
authorized representative, in writing, of the type, amount, date,
and location of the application.
17, That, within the limits of their respective legal powers,
the parties hereto shall protect the project against pollution of
its water, The Licensee shall comply promptly with any
regulations, conditions, or instructions affecting the activity
hereby authorized if and when issued by the Environmental
Protection Agency and/or a state, interstate, or local government
water pollution control agency having jurisdiction to abate or
prevent water pollution, Such regulations, conditions, or
instructions in effect or prescribed by the Environmental
Protection Agency, state, interstate or local governmental agency
are hereby made a condition of this instrument,
18. The licensee shall comply with all applicable Federal laws
and regulations and with all applicable laws, ordinances, and
regulations of the state, county, and municipality wherein the
premises are located,
19, That this license is granted in conjunction with Easement No,
DACWS6-2-69-671. If the aforesaid easement is revoked or
withdrawn for violation of the terms of the easement, this
license is revoked and the provisions contained in condition 10
will apply,
4
This license conforms to ENG Form 808, Oct 85, except in the
following manner: Conditions 1 and 11 were deleted, renumbered
conditions 14 through 19 were added,
IN WITNESS WHEREOF, I have hereunto set my hand by authority of
the Secretary of the Army this
Richard Freeman
Chief, Real Estate Division
Tulsa District, Corps of Engineers
The above instrument, including all its conditions, is hereby
accepted this 15th dav of Februarv. 1993.
CITY OF PARIS, PARIS, TEXAS
BY:
George Fisher, Mayor
(Title)
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
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