1988-021-RES WHEREAS, The City Council of the City of Paris did heretofore on the 14th day of December, 1987, agree
RESOLUTION NO.
88-021
WHEREAS, The City Council of the City of Paris did
heretofore on the 14th day of December, 1987, agree in
principal with Lamar County Water Supply District; and,
WHEREAS, the contents of said agreement have been
incorporated in Addendum Number One to Water Purchase
Contract Dated April 1, 1985, Between City of Paris and
Lamar County Water Supply District, A Municipal Utility
District, attached hereto as Exhibit A, the form of which in
all things should be approved and execution of the same
should be authorized; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Addendum Number One to Water Purchase
Contract Dated April 1, 1985, between City of Paris and
Lamar County Water Supply District, a Municipal Utility
District, in the form of Exhibit A attached hereto be, and
the same is hereby approved and accepted.
BE IT FURTHER RESOLVED, That the Mayor of the City of
Paris, Billy Joe Burnett, be, and he is hereby authorized
and directed on behalf of the City of Paris to execute the
Addendum Number One to Water Purchase Contract dated April
1, 1985, between City of Paris and Lamar County Water Supply
District. A Municipal Utility District, attached hereto as
Exhibit A.
BE IT FURTHER RESOLVED, That the City Attorney, T. K.
Haynes, be, and he is hereby authorized and directed to
proceed to procure the easements necessary for the
construction of the pipeline described in the above
described Addendum Number One to Water Purchase Contract
dated April 1, 1985.
Passed and adopted this 14th day of March, 1988.
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BiI Y u nett, Mayor
ATTEST:
.~ ~
~~~\.,~
Mattie Cunningham, Ci y~
AP~~FORM:
ADDENDUM NUMBER ONE TO WATER PURCHASE CONTRACT
DATED APRIL I, 1985, BETWEEN CITY OF PARIS AND
LAMAR COUNTY WATER SUPPLY DISTRICT, A
MUNICIPAL UTILITY DISTRICT
STATE OF TEXAS S
COUNTY OF LAMAR S
KNOW ALL MEN BY THESE PRESENTS That the CITY OF PARIS,
Paris, Texas, a municipal corporation, hereinafter called
"CITY" and LAMAR COUNTY WATER SUPPLY DISTRICT, A MUNICIPAL
UTILITY DISTRICT, hereinafter called "LCWSD" do enter into
an addendum of the contract heretofore made by and between
these two parties dated April I, 1985, reference to which is
made for all purposes, the addendum being upon the terms and
conditions as follows:.
1. LCWSD is granted the right by the' CITY to connect
a 16 inch water line to the CITY's 30 inch water
transmission line at a point immediately West of the South
entrance gate to the Campbell Soup plant. This line shall
be const~ucted by LCWSD from that point to a point near the
existing master meter of LCWSD located on the North side of
FM Road 79, being a 16 inch main to the West Boundary Line
of 19th Street Northwest and a 12 inch main from there to
the connection point at FM 79.
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2. The CITY agrees to procure all easements necessary
for laying the line along the route above stated..
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EXHIBIT A
3. LCWSD and CITY shall have j oint use of the line
from its point of connection with the CITY's 30 inch
transmission line to the West Boundary Line of 19th Street
Northwest.
4. LCWSD shall have the right to take water from the
line at the rate provided for in the April 1, 1985, contract
hereinabove referred to for water purchased by it from CITY
not delivered through its distribution system.
S. LCWSD agrees to purchase from CITY water through
the distribution system of CITY from LCWSD's three remaining
meters, being the Southwest, West and South meters as
designated in the April 1, 1985, contract at the price
specified in said contract. In the event LCWSD takes water
through CITY's distribution system in excess of 1.1 million
gallons per day, LCWSD will pay a premium price for the
excess, the exact amount to be negotiated on a reasonable
basis.
6. . In the event LCWSD does not exceed the 1.1 million
gallons per day taken by it through the CITY's distribution
system, it will pay no maintenance charge in addition to
that provided for in the April 1, 1985, contract; however,
in the event LCWSD' s taking of water through the
distribution system of the CITY exceeds 1.1 million gallons
per day for a 30 day period, then LCWSD agrees to contract
with the CITY for a new maximum amount of water to be
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delivered to it through the CITY's distribution system, the
new contract providing for LCWSD to pay to CITY at that time
a Readiness to Serve fee equal to their total right to take
through the distribution system divided into the total water
delivered by CITY through the distribution system, times the
total cost to maintain the distribution system, said
distribution system being as defined in accordance with the
April 1, 1985, contract.
7. LCWSD, in consideration of the CITY's agreeing to
the items above set out, agrees that CITY shall hereafter
have the right to serve the MARVIN-JENNINGS-CLARDY area as
defined by its Certificate of Convenience and Necessity,
water at the existing rate for City of Paris customers
outside of its city limits.
8. The parties recognize that time is of the essence
and LCWSD agrees to promptly provide the engineering data
for CITY to acquire easements and upon furnishing same, CITY
agrees to expeditiously acquire the easements required to
lay the above described water line.
9. It is contemplated that this addendum will be
meshed with the April 1, 1985, contract referred to in order
that both instruments will constitute one instrument at some
future date.
IN WITNESS HEREOF, the CITY and LCWSD have hereunto set
their hands and seals on this addendum effective this 25th
day of February, 1988.
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SIGNED the ____ day of March, 1988.
CITY OF PARIS
By:
Billy Joe Burnett, Mayor
ATTEST:
Mattie Cunningham, City Clerk
LAMAR COUNTY WATER SUPPLY
DISTRICT, A MUNICIPAL UTILITY
DISTRICT
ATTEST:
James Crawford, Secretary
By:
M. F. Gilliam, President
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