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1989-019-RES WHEREAS, HAWKER SIDDELEY POWER ENGINEERING, GENERAL CONTRACTORS OF TENASKA III TEXAS PARTNERS' RESOLUTION NO. 89-019 WHEREAS, Hawker Siddeley Power Engineering, Inc., General Contractors of Tenaska III Texas Partners' Paris Cogeneration facility C-8006 has requested temporary con- struction water service; and, WHEREAS, the City Council of the City of Paris is desirous of encouraging industrial development and cooperating with construction projects when they occur, even in the City's extraterritorial jurisdiction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the form of contract for water service to Hawker Siddeley Power Engineering, Inc., 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 contract in the form of Exhibit A attached hereto. Passed and adopted this 21st day of February, 1989. Ef2,zf~ ~ ATTEST: ~~'~\:'u~^",,~~ Mattie Cunning am, Ci C er FORM: aynes, C' Y Attorney . STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR WATER PURCHASE CONTRACT That the City of Paris, Paris, Lamar County, Texas, a municipal corporation, acting by and through its City Manager, Michael E. Malone. duly authorized, hereinafter referred to as CITY and Hawker Siddeley Power Engineering, Inc., a Delaware corporation, by and through its President, H. L. Harkins, duly authorized, hereinafter referred to as CONTRACTOR, whose mailing address is 10497 Town & Country Way, Houston, Texas 77024, do hereby contract and agree as follows: 1. CITY agrees to furnish temporary water service for human consumption, sanitary facilities and construction and CONTRACTOR agrees to pay in accordance with Section 34-22 of the Code of Ordinances of the City of Paris as follows: 1. $39.45 for the first 3,000 cubic feet of water furnished each month and $1.21 for each additional 100 cubic feet of water furnished during such month. -1- EXHIRlr A . 2. Water being furnished by CITY shall be in its existing water lines with all costs of service being paid by CONTRACTOR, including but not limited to taps and meters, which costs shall be in addition to the above stated costs for specific volumes of water. II. Any connection to the CITY'S water system must have prior approval of the City Engineer of the CITY. III. CONTRACTOR shall be billed by the CITY on a monthly basis with such billing being rendered on or about the same day each month. All such charges shall be due and payable on the tenth day following the billing date and shall become delinquent after the expiration of twenty-one (21) days following the billing date. In the event CONTRACTOR shall fail to make any payment required by this contract within twenty-one (21) days following the billing date. the CITY may suspend water service authorized by this contract after providing CONTRACTOR five (5) working days written notice of its intention to suspend service. It is agreed that this section shall supersede Sections 34-29 and 34-30 of the Code of Ordinances of the City of Paris, to the extent that they concern water service, as well as any other Code of Ordinance provisions with which it may conflict. -2- . IV. CONTRACTOR shall deposit an amount equal to one and one-half (1%) times the value of its estimated monthly water consumption, which amount shall be adjusted by CITY in the event that actual consumption valves exceed the estimate. AGREED TO this 21st day of February, 1989. CITY OF PARIS Michael E. Malone City Manager ATTEST: HAWKER SIDDELEY POWER ENGINEERING, INC. Mattie Cunningham, City Clerk By: H. L. Harkins, President APPROVED AS TO FORM: ATTEST: T. K. Haynes, City Attorney Ann P. Burgr, Secretary STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Michael E. Malone, City Manager of the City of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to -3- . 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 21st day of February, 1989. Notary Public, State of Texas Printed Name: My commission expires: STATE OF TEXAS 9 COUNTY OF L~AR 9 BEFORE ME, the undersigned authority, on this day personally appeared H. L. Harkins, President of Hawker Siddeley Power Engineering, Inc., 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. of GIVEN UNDER MY HAND AND SEAL OF OFFICE this , 1989. day Notary Public, State of Texas Printed Name: My commission expires: -4-