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1988-028-RES WHEREAS, Orange Street Texas and New extension of sewer current development of the area South of RESOLUTION NO. 88-028 WHEREAS, Orange Street Texas and New sion of sewer current development of the area South of between Highway 24 South and the abandoned Orleans Railroad Right-of-Way requires exten- services; and, WHEREAS, CHISUM INDEPENDENT SCHOOL DISTRICT has re- quested sewer service; and WHEREAS, the most cost efficient manner in which sewer service can be best implemented is through the participation of the current developers, being Barney Bray, III, and Paris, Texas Industrial Foundation, Inc., which developers have agreed in principal in the form of the Contract for the Construction of a Waste Water Lift Station, Force Main and Gravity Sewer attached hereto as Exhibit A; and, WHEREAS, it is right and proper to furnish sewer service to CHISUM INDEPENDENT SCHOOL DISTRICT under a Sewer Service Contract in the form of the Attached Exhibit B; and WHEREAS, the form of the contracts attached hereto as Exhibit A and B, should be in all things approved and the Mayor of the City of Paris, Billy Joe Burnett, should be authorized and directed to execute said contracts; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the forms of Contract attached hereto as Exhibit A and B are in all things approved. BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, Billy Joe Burnett, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Contract for the Construction of a Waste Water Lift Station, Force Main and Gravity Sewer, upon the terms and conditions and in the form shown in Exhibit A attached hereto, with Barney Bray, III and Paris, Texas Industrial Foundation, Inc. and the Sewer Service Contract, upon the terms and conditions and in the form shown in Exhibit B attached hereto with CHISUM INDEPENDENT SCHOOL DISTRICT. Passed and adopted this 24th day of March, 1988. ~kJ Bi Y Burnett, Mayor ATTEST: ""_~ '. C'"__,,,,-. _ _~....~ CONTRACT FOR PARTICIPATION IN THE CONSTRUCTION OF A WASTEWATER LIFT STATION, FORCE MAIN AND GRAVITY SEWER SOUTH OF THE SOUTH R.O.W. LINE OF LOOP 286 S.W. NEAR ITS INTERSECTION WITH BAKER BRANCH STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR S THAT, the CITY OF PARIS, Paris, Texas, a municipal corpo- ration, acting by and through its Mayor, Billy Joe Burnett, duly / authorized, hereinafter called CITY; BARNEY BRAY III, a resident of Patis, Lamar County, Texas, hereinafter called BRAY, and PARIS, . TEXAS INDUSTRIAL FOUNDATION" INC., a non-profit corpo- ration acting by and through its President, J. D. MCLAUGHLIN, duly authorized hereinafter called PIF, do hereby contract and agree as follows: 1. PIF agrees to, as owner, manage to completion the financing and construction of a 0.5 MGD Waste Water Lift Station South of the South Right-Of-Way Line of Loop 286 S.W. near its intersection with Baker Branch and tributary gravity sewers from CHISUM INDEPENDENT SCHOOL DISTRICT's manhole shown on its construction plans for its high school complex, Southwest Industrial Park and CITY's 7th Street S.W. lift station and an 8" Force Main from the 0.5 MGD lift station to CITY's Woodard Lift Station, to be constructed in accordance with plans and specifications prepared by Hayter Engineering, Inc., to be approved by Earl Smith, City Engineer for CITY which upon final acceptance shall become a part of the City of Paris Wastewater System and shall be owned and maintained thereafter by CITY. 2. BRAY agrees to construct at his cost, without profit, , the above described lift station, force main and gravity sewer, under the ownership and management of PIF. BRAY will furnish the property upon which the lift station and the gravity sewer from Loop 286 S. W. and shall be of sufficient width to house both gravity and force main. 3. CITY agrees to procure and furnish necessary easements and to provide the construction inspection of the construction project. CITY will pay $65,000 collected from CHISM INDEPENDENT SCHOOL DISTRICT as a connection fee on or before construction begins and will additionally pay 25% of the total construction cost, less any costs expended in condemnation of any easements, which 25,% is limited to a maximum of $50,000. CITY's 25% contri- bution shall be payable on October 1, 1988, or upon final accep- tance of the 0.5 MGD Lift Station, Force Main and Gravity Sewer - Project, being the date ownership transfers from PIF to CITY, whichever occurs later. 4. PIF'agrees to pay the balance of the total construction project cost. Executed this day of March, 1988. CITY OF PARIS BY: Billy Joe Burnett, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney BARNEY BRAY, III , ! PARIS, TEXAS INDUSTRIAL FOUNDATION, INC. / ATTEST: BY: P. R. Cecil, Secretary , I ! J. D. McLaughlin, President , SEWER SERVICE CONTRACT STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR I THAT, the CITY OF PARIS, Paris, Texas a municipal corporation, acti ng by and through its Mayor, Bi lly Joe Burnett, duly authori zed, hereinafter called CITY AND CHISUM INDEPENDENT SCHOOL DISTRICT, Acting by and through its President of its Board of Trustees, J.O. CREIGHTON, duly authorized, hereinafter called CHISUM; do hereby contract and agree as follows: 1. CHISUM desires from CITY connection to CITY's sewer system for which CHISUM agrees to pay $65,000 prior to the beginning of the construction of said connection which is estimated to begin April I, 1988. 2. CITY agrees to be responsible for the extension of its system to the manhole shown on CHISUM's construction plans for its high school complex being constructed upon property adjacent to the west right-of-way line of Texas Highway 24 South and to provide sewer service to CHISUM on or before August 15, 1988. 3. CHISUM agrees to pay to CITY for sewer service at the same rate charged other sewer customers of the CITY OF PARIS similarly situated. Executed this 24th day of March, 1988. CITY OF PARIS By Billy Joe Burnett, Mayor ATTEST Mattie Cunningham, City Clerk APPROVED AS TO FORM: / T. K. Haynes, City Attorney CHISUM INDEPENDENT SCHOOL DISTRICT