1989-048-RES WHEREAS, CITY COUNCIL IN ORD NO 89-003 MADE AVAILABLE OPTIONAL
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RESOLUTION NO. 89-048
WHEREAS, the City Council of the City of Paris did in
Ordinance No. 89-003 make available an optional rate to
water customers with meters of 4 inch diameter or greater at
a rate designed for that class of customer with a minimum
monthly charge if such customer were willing to contract to
pay such minimum charge for a minimum of one (1) year; and,
WHEREAS, some customers in that class have exercised
the option given for the class annual rate; and,
WHEREAS, it would be appropriate that such option be
reflected in a water service contract in the form of Exhibit
A attached hereto and that the City Manager of the City of
Paris be authorized to execute such water service contracts
in accordance with the ordinance without further
authorization from the City Council until such time as such
authorization is withdrawn; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the water service contract form attached hereto
as Exhibit A, for customers eligible for and select the rate
offered in Section 34-22 of the Code of Ordinances of the
City of Paris, 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, water service contracts in accordance with Section
34-22 of the Code of Ordinances of the City of Paris upon
the contract form attached hereto as Exhibit A.
Passed and adopted this 8th day of May, 1989.
G~
Er~c S. C
ATTEST:
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Mattie Cunningham. Cit er
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STATE OF TEXAS
OF LAHAR
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KNOW ALL MEN BY THESE PRESENTS: COUNTY
INDUSTRIAL WATER CONTRACT
This Agreement, made and entered into this 1st day of
February, 1989, and executed in duplicate originals, each
executed copy constituting an original, by and between the City
of Paris, a municipal corporation of Lamar County, Texas,
hereinafter referred to as CITY and
with its local office address of
Lamar County, Texas, hereinafter referred to as COMPANY.
WITNESSETH:
I.
Service to be Furnished.
1.1 The CITY agrees to furnish and COMPANY agrees to
purchase and take a supply of water under the terms and
conditions of Section 34-22 (c) of the Code of Ordinances of the
Ci ty of Par is (and in accordance wi th the terms hereof.) Said
supply of water shall be taken through a ____ inch meter.
1.2. The potable water furnished shall be used for COMPANY'S
plant operation.
II.
Quantities to be Furnished
2.1 The average daily supply of water furnished shall meet
all reasonable requirements of COMPANY. The monthly consumption,
is expected to be approximately
,000 cubic feet.
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EXHIBIT A
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COMPANY will advise the CITY of any planned changes that
would significantly affect the amount of water used by COMPANY
for any extended period of time.
III.
Regulations
3.1 COMPANY may not permit any water furnished hereunder to
be used to supply any other party without specific approval of
the City Council of the CITY.
IV.
Rights
4.1 The CITY reserves the right to inspect, test, repair
and replace the water meter as required.
Such replacement or
repair shall be charged to and paid one half by CITY and one half
by COMPANY.
4.2 In the event COMPANY desires to change its meter size
the cost of such meter and .the installation thereof will be paid
by COMPANY.
V.
Water quality
5.1 The CITY shall supply COMPANY with water of quality
equal to or exceeding the State of Texas water quality
requirements for water supplied for public use.
5.2 The CITY shall supply, upon request, a comprehensive
chemical analys is repor t monthly prepared by the CITY I S
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laboratory of the water supplied to COMPANY. In the event
COMPANY desires a more comprehensive chemical analysis of the
water supplied, then the cost of such shall be borne by COMPANY.
5..3 The CITY bears no degree of responsibility for the
water quality at any point beyond the meter described in Article
1. COMPANY bears the responsibility for maintaining the water
quality at any point beyond the meter and within COMPANY'S
distribution system.
5.4 COMPANY shall notify and keep the CITY informed of
persons responsible for the integrity of COMPANY'S distribution
system.
5.5 Each of the parties shall immediately notify the other
party's City Manager or Plant Manager, or such Manager's
designee, as the case may be, of any emergency or condition which
may affect the quality or quantity of water in either party's
system.
5.6 The CITY reserves the r igh t to make
those facilities which may affect the quality
supplied to COMPANY and perform required tests.
VI.
Equipment and operation
6.1 COMPANY shall provide and maintain all lines and valves
on COMPANY'S s ide of the wa ter meter descr i bed in Ar ticle I,
which meter marks the limit of the CITY'S responsibility for
maintenance. COMPANY shall maintain at all times, in working
inspec tions of
of the water
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order, a valve immediately upon COMPANY'S side of the meter,
which valve can be used for protecting the CITY'S system from
contamination in the event of COMPANY'S system becoming
contam.inated, or in the event the integrity of COMPANY'S system
is violated. COMPANY'S valve may be used by CITY to protect
COMPANY'S system or to facilitate repair of CITY'S system.
6.2 The CITY'S representative will regularly inspect the
meter measuring the supply of water furnished and will report
when the same is known or suspected to be registering
incorrectly. The meter shall be repaired by the meter
manufacturer's factory service representative. In the event the
meter must be replaced, CITY and COMPANY will agree upon a
replacement meter and the method of replacement. The cost of
maintenance or repair will be distributed in accordance with
Paragraph 4.1-
6.3 When it is determined that the water meter has
registered incorrectly, an estimate of the amount of water
furnished through the faulty meter shall be prepared by CITY'S
Director of Finance for the purpose of billing COMPANY. The
estimate shall be based upon the average of correct readings for
the same or equivalent months in the preceding three (3) years or
such other method which would most accurately reflect the actual
consumption for the period in which the meter failure occurred as
can be mutually agreed upon by the City Manager and Plant Manager
of the respective parties.
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VII.
Rates
7.1 Charges for water furnished to COMPANY beginning on the
1st day of February, 1989, shall be as follows:
(1) The minimum monthly charge for the first ,000
cu. ft. shall be $ This base charge is due
and owing monthly whether or not COMPANY uses
,000 cu.ft.
(2) For each additional 100 cu.ft. there shall be a charge
of $.95.
(3) The rate established herein is for a minimum of one (1)
year and shall be automatically e~tended from year to
year unless COMPANY gives written notice during the
final sixty (60) days of the annual period, notifying
CITY that it no longer wishes to take advantage of the
optional charge herein described.
7.2 Every three (3) years, a detailed revenue requirement
shall be developed on an actual historical cost test year basis
allowing for reasonable and necessary expenses of providing such
water service and allowing for known and measurable adjustments.
Such adjustments shall allow for year-end trending and the
spreading of non-recurring expenses over an appropriate benefit
period. CITY shall be allowed an adequate opportunity to recover
all of its cost of service which will be reflected in an
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...ndm.n, '0 S.e'ion 34-,,(e) wbieb will .ueo..'ie.'" .m.od ,bi'
contLact to coincide with such oLdinance.
VIII.
Payment of ChaL~es
'.1 U,., Cb.,g" und.' A,'ie1. VII of ,bi, Ag,..m.n' ,b.11
b' bi11.d b, 'b' CITY on . mon'b1' b.,i' wi'b ,ueb billing b.iog
,.nd.,.d 00 0' .bou' 'b' ,.m. d., ..eb mon'b. All ,ueb eb.,g.'
,b.11 b. duo .od p.,.b1. on 'b' ,.n,b d., following 'b' billing
d.,. .nd ,b.11 b.eom. d.,inqu.n' .f'" lb. .,pi,.'iOO of
IW.n,,-on' (") d~' following 'b' billing d.,.. 10 'b' ..~'
COMPANY ,b.11 f.11 '0 m.k. .n, p.,m.n' ,.qui,.d b, 'bi' Ag'....n'
wi'bin ,w.n,,-on. (") d." following ,b. billing d.,.. ,b. CITY
.., .u,p.od WOW ,,,.ico 'UIbod"d by Ihi' Ag"...nI of'"
pco.,ding COMPANY fi.. (5) wo,king d." weil"n nodco of i"
intent ion to suspend seLvice.
,b.11 ,up.".d' s.eIion' 34-,9 .nd 34-30 of 'b' Cod. of
It is agLeed that this section
o,din.ne.' of ,b. Ci" of p.,i', '0 ,b' .".n' 'b" ,b" eone.,n
w.,., ,.,.ie" ., w.11 ., '0' oeb" Cod' of O,din.ne.' p,n.i'ion,
with which it may conflict.
IX.
Le~al
9.1 It is agLeed that in the event and to the extent that
fi", .,p10,ion. .eeid.n', W". .e' 0' God 0' 'b' publiC .n.m, 0'
.n, n"uco1 d""'" p"..n" ch. p.do,m.nco of ."b" p''''
b""o, ,ueb p.", ,b.11 b. ,.1i...d of ,b' enn,.qu.ne.' 'b.,.of.
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to supply the water and refuses so to do, or where the CITY has
failed to abide by any of its obligations under this Agreement.
9.7 Any written notice required or permitted under the terms
of this Agreement shall be given and be deemed to have been duly
served if either (1) delivered in person, or (2) deposited
certified mail, return receipt requested, postage prepaid in the
United States mail, addressed to the designated representative of
the respective parties which are designated as follows:
CITY
City Manager
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
Plant Manager
With a copy to:
City Clerk
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
With a copy to:
9.8 If any term or provision of this Agreement shall be
declared unconstitutional or void by any court of competent
jurisdiction, the constitutionality and validity of the remainder
of said Agreement shall not be affected thereby, and to this end
the terms and provisions of said Agreement are declared to be
severable.
9.9 Nothing contained in this Agreement shall be deemed or
construed to create the relationship of principal and agent,
partnership,
joint venture,
landlord and tenant, or any
relationship or association whatsoever between CITY and COMPANY,
other than as expressly set forth herein.
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and there shall be no liability for payment on the part of
COMPANY or for failure to deliver potable water on the part of
the CITY, notwithstanding any other provision of this Agreement,
so long as and to the extent that per formance is prevented by
such cause; provided, however, that the parties shall use all due
diligence in their efforts to resume performance at the earliest
practical time.
9.2 This Agreement shall be in force and effect until
terminated as herein provided.
9.3 No officer, official or agent of the CITY has the power
to amend, modify or alter this agreement or waive any of its
conditions or to bind the CITY by making any promise or
representation not contained herein.
9.4 No off icer, of fidal or agent of the COMPANY has the
power to amend, modify or alter this agreement or waive any of
its conditions or to bind the COMPANY by making any promise or
representation not contained herein.
9.5 This Agreement, except by operation of law, shall not
be assigned or transferred by either party, without the prior
written consent of the other party.
9.6 The CITY will not be responsible in damages for any
interruption or failure to supply water and shall be saved and
held harmless from all damage of any kind, nature and description
which may arise as a result of making this agreement and
furnishing water hereunder, except where the CITY has the ability
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9.10 This Agreement sets forth the entire understanding
between the parties, and any other understandings or agreements
shall be cancelled and superseded by this Agreement upon the date
of execution hereof. None of the terms of this Agreement shall
be waived, discharged, altered or modified in any respect, except
by an Agreement in writing signed by both parties and
specifically referring to this Agreement. The captions in this
Agreement are included for convenience only and shall not be
taken into consideration in any construction or interpretation of
this Agreement or any of its provisions. This Agreement shall be
governed by, construed and enforced in accordance with the laws
of the State of Texas. The provisions of this Agreement shall
apply to, bind and inure to the benefit of the CITY and COMPANY,
and their respective successors, legal representatives and
permitted assigns, if any.
X.
City's Authority to Contract
10.1 (a) The parties recognize and agree that Section 34-22
(c) of the Code of Ordinances of the City of Paris permits
industrial consumers or purchasers desiring water delivered
through a meter larger than 3 inches, by written contract, to
select such rate.
(b) This Agreement is such a written contract.
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CITY OF PARIS
Eric S. Clifford, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
COMPANY
By:
, President
ATTEST:
, Secretary
STATE OF TEXAS S
COUNTY OF LAMAR S
BEFORE ME, the undersigned authority, on this day personally
appeared Eric S. Clifford, Mayor of the City of Paris, known to
me to be the person whose name is subscr ibed 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.
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GIVEN UNDER NY HAND AND SEAL OF OFFICE this
, 1989.
day of
Notary Public, State of Texas
Printed Name:
My Commission Expires:
STATE OF
COUNTY OF
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BEFORE ME the undersigned authority, on this day personally
appeared , Pres iden t of
, 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
, 1989.
day of
Notary Public, State of Texas
Printed Name:
Ny Commission Expires: