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1988-015-RES WHEREAS, the Texas Department of Highways and Public Transportation is desirous of receiving treated RESOLUTION NO. 88-015 WHEREAS, the Texas Department of Highways and Public Transportation is desirous of receiving treated water and sanitary sewer services from the City of Paris and the City of Paris is agreeable to furnish said services, at the site of its planned Maintenance and Construction Facility to be located adjacent to the East Boundary Line of Loop 286 S.W. and adjacent to the South Boundary Line of Old Bonham Road and being the Southeast corner of the intersection of the same, and the City of Paris is agreeable to furnish said services; and, WHEREAS, in order to furnish such services, it is necessary for the City of Paris and the Texas Department of Highways and Public Transportation to enter into an intergovernmental utility service agreement, in the form of Exhibit A, attached hereto, which should in all things be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, Billy Joe Burnett, be, and he is hereby authorized and directed to execute said Intergovernmental Utility Service Agreement in the form of Exhibit A attached hereto. Passed and adopted this 8th day of February, 1988. Bi ATTEST: ~-n\'~ t\,~~.~~~ Mattie Cunningham, C~ y C er ity Attorney UTILITY SERVICE AGREEMENT THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ That the CITY OF PARIS, PARIS, TEXAS acting by and through its duly authorized Mayor, Billy Joe Burnett, hereinafter referred to as "CITY" and the STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, acting by and through its duly authorized officials, herein referred to as "STATE": KNOW ALL MEN BY THESE PRESENTS: WIT N E SSE T H CITY is engaged in the sale of treated water and sanitary sewer service to customers located in and around the City of Paris; and WHEREAS, STATE desires to obtain treated water and sanitary sewer service for its new Maintenance and Construction Facility located adjacent to Loop 286 and Old Bonham Road being at the SE corner of the intersection of said streets within the corporate limits of the CITY OF PARIS, PARIS, Texas; NOW, THEREFORE, the CITY and STATE do contract and agree as follows, to-wit: City agrees to install a water line with a two (2) inch water meter, meter box, tap saddle, two (2) inch ball valve and two (2) inch stop, to the northwest corner of the State property, as shown in Exhibit "A". Page I of 4 EXHIBIT A ., City agrees to install a gravity sewer line to the northwest corner of the State property, as shown in Exhibit "A". City agrees to furnish the State with treated water at a minimum flow rate of Seventy .(70) gallons per minutes and Fifty (50) pounds per square inch of pressure, and sanitary sewer service all at a unit price to remain concurrent with the unit price charged to all commercial customers inside the city limits, for treated water and sanitary sewer service. City agrees to have said water and sanitary sewer service in operation no later than July 3, 1988. In consideration of the above, the State agrees to pay the City Seventy-Four Thousand Eight Hundred Ninety Dollars ($74,890.00), or the actual documented cost, whichever is less, of that portion of the extension required to serve the state; which shall represent a pro-rata share of the costs for the extension of water and sanitary sewer service to the northwest property corner, including meters taps and fees. Said sum shall be paid upon completion of said utility lines, and only when treated water service from the extension is available for use by the State. It is further agreed that the City shall be the absolute owner of all the above utility lines, with the uncondi- tional right to make connections thereto, and that the City shall be solely responsible for the expense of maintenance of same. Page 2 of 4 City shall at all times be in a position to furnish treated water to the State. However, should there be a necessity for the rationing of water, City shall have the privilege of establishing priority of water usage until regular service can be restored. This contract shall be in effect until amended by agreement of the parties hereto in writing. A party desiring to amend must give thirty (30) days written notice. Should the State desire to withdraw from the terms of this contract, it shall have the privilege to do so by notifica- tion in writing to City by giving thirty (30) days written notice prior to the effective date of said withdrawal, plus the payment of all outstanding water and sewer bills in full. Should the City desire to withdraw from the terms of this contract, it shall have the privilege to do so by notifica- tion in writing to State by giving thirty (30) days written notice prior to the effective date of said withdrawal. IN WITNESS WHEREOF, the parties hereto have executed this instrument in duplicate and Exhibit "A" attached this the l1ii day of fY , 1988. Page 3 of 4 CITY OF PARIS Billy Joe Burnett, Mayor ATTEST: - Mattie Cunningham, City Clerk STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION Certified and executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved by ~he State Department of Highways ~nd Public Transportation COlIlIIlission. Deputy Director Field Operations Page 4 of 4