1986-073-RES WHEREAS, the City Council of the City of Paris did heretofore on the 9th day of June, 1986, authorize the
RESOLUTION NO.
86-073
WHEREAS, the City Council of the City of Paris did
heretofore on the 9th day of June, 1986, authorize the City
Staff to develop plans and specifications and negotiate a
lease contract for a sludge disposal site for a sludge
disposal system for the Wastewater Treatment Plant; and,
WHEREAS, a lease contract has been negotiated with Loyd
Barrow and Wife, Sybil Barrow, upon the terms and conditions
and in the form of Exhibit A attached hereto; and,
WHEREAS,
approved and
authorized to
the form of such lease contract
the Mayor of the City of Paris
sign the same; NOW THEREFORE,
should be
should be
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the lease contract with Loyd Barrow and Wife,
Sybil Barrow, for approximately 170 acres with the privilege
to expand such lease to approximately 430 acres for sludge
application for the Wastewater Treatment Plant is hereby
approved; and,
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
lease contract with Loyd Barrow and Wife, Sybil Barrow, for
a sludge application site, upon the terms and conditions and
in the form shown in Exhibit A attached hereto.
Passed and adopted this 28th day of July, 1986.
B~r~:
-------- .
ATTEST:
~~'~~~rJ
att~e unn~ng am, ~ty er
~~-~
T. K. Haynes, City Attorney
LEASE AGREEMENT
STATE OF TEXAS ~
COUNTY OF LAMAR ~
This Lease Agreement entered into this 14th day of
.
July, 1986, by and between the CITY OF PARIS, Paris, Texas,
a municipal corporation, acting by and through its Mayor,
Billy Joe Burnett, duly authorized, by Resolution in the
form set forth on the certificate attached as Exhibit A,
hereinafter referred to as the CITY and Loyd Barrow and
wife, Sybil Barrow of Paris, Lamar County, Texas, herein-
after referred to as BARROW, WITNESSETH:
WHEREAS, The CITY produces, as a result of operation of
its Wastewater Treatment Plant, located approximately 7
miles North 8 degrees East from the City of Paris, sludge
which must be handled in accordance with the laws of the
State of Texas and CITY's Texas Water Commission Wastewater
Treatment Plant permit; and,
WHEREAS, the CITY has chosen land application as the
method for disposing of said sludge, which application can
best be made upon property described in Exhibit Battached
hereto belonging to BARROW; and,
WHEREAS, the CITY and BARROW desire to enter into a
Lease Agreement defining their respective rights and obliga-
tions with regard to the lease of 170 acres by BARROW to
CITY for land application of sewage sludge.
NOW, THEREFORE, in consideration of the premises, the
mutual promises contained herein and other valuable consid-
eration, the CITY and BARROW agree as follows:
I. DEFINITIONS.
Sec. 1.2 - BARROW.
Loyd Barrow and wife, Sybil Barrow
Sec. 1.3 - Property Owner.
. Loyd Barrow and wife, Sybil Barrow, or their heirs or
assigns, who are the owners in fee simple of approximately
530 acres of land in the Pyeatt Survey situated approxi-
mately 11,000 feet Northeast of the City of Paris'
Wastewater Treatment Plant property, and described below as
Property.
Sec. 1.4 - Property.
Approximately 530 acres of land located in the Pyeatt
Survey lying adjacent to the East boundary line of a County
Road, more particularly described in Exhibit B attached
hereto.
Sec. 1.5 - Application Site.
A portion of Property owned by BARROW upon which
stabilized sewage Sludge is to be applied, said portion of
land being approximately 170 acres in area and being more
particularly described in Exhibit C attached hereto; said
Application Site may be expanded in accordance with the
terms of this agreement not to exceed a total of 430 acres
of cleared land, in which case Application Site shall mean
the application area as expanded.
Sec. 1.6 - Sludge.
Stabilized sewage Sludge from CITY wastewater treatment
processing.
II. CONSIDERATION.
Sec. 2.1 - CITY agrees to deliver and BARROW agrees to
accept Sludge and reap the benefits therefrom and is
p~rmitted to use CITY'S transmission equipment on a non-
interferring basis, paying all the costs associated
therewith, for the purpose of transmission of CITY Effluent
to be used for irrigation purposes on the Application Site,
and as further consideration therefor, CITY will lime
Application Site as necessary to maintain PH at or above
6.5; and CITY will furnish City D-6 bulldozer for site
preparation with CITY approving operation, with Ronnie
Spencer being acceptable and with BARROW furnishing fuel and
paying operation; and CITY agrees to grant to BARROW a 50
foot wide easement out of the J. Harrell Survey to be used
as private access from road to Property owned by BARROW
across CITY owned Lake Gibbons property, which easement
BARROW has the right to improve as a driveway, and to lease
for a primary term of ten (10) years with a ten (10) year
option for natural prairie grass hay lease only, which are
described on Exhibit D attached hereto. CITY agrees to
prepare said easement and hay lease and record the same in
the Deed Records of Lamar County, Texas.
Sec. 2.2 - Sufficiency of Consideration
BARROW acknowledges the sufficiency of the considera-
tion herein described.
III. TERMS.
l"" _ ~ '),
^ ____....____ .....t: C1.1..:1.........
apply Sludge in accordance with its Texas Water Commission
Wastewater Treatment Plant permit; be responsible for all
necessary permits for Sludge application and Effluent
irrigation and in the event necessary permits are not issued
after CITY has made diligent effort then this agreement may
be partially or completely cancelled by agreement of the
parties; and shall maintain its equipment in proper working
order except that Property Owner shall be responsible for
cost of repairing damage to equipment which results from
negligence on the part of Property Owner or his
representatives. CITY shall have access to Application Site
for the purpose of delivering and applying Sludge and
maintaining equipment and shall be permitted to erect a
small maintenance storage building if desired. CITY shall
close gates when entering or leaving the Application Site.
Sec. 3.2 - Farming of Application Site.
Property Owner will develop Application Site in Coastal
Bermuda grass for permanent pasture to be overseeded each
Fall with winter forage crops, or develop a substitute
vegetation plan after it has been approved by CITY, and
owner will harvest the same at least monthly or in
accordance with accepted farming practices. Any vegetation
plan followed or proposed must provide adequate nutrient
uptake rates and be otherwise compatible with sludge
disposal requirements. CITY and Property Owner will
cooperate in developing suitable Sludge application
schedules and procedures to accommodate the required rate of
Sludge disposal and the farming operations. CITY agrees to
deliver all sludge produced up to approximately 135,000
"'rot
the right to take over farming operations and then shall
have all rights to crops or forage.
Sec. 3.3 - Indemnification.
. CITY will defend any suit brought against Property
~ler as a result of CITY'S application of Sludge on Appli-
cation Site and will indemnify and hold harmless Property
Owner for damages for which Property Owner becomes liable,
as a result thereof. CITY will purchase Application Site
from Property Owner should irreparable environmental damage
result to said site as a result of Sludge application. The
Application Site shall be appraised prior to execution of
this agreement and said appraised value shall establish the
value per acre of the Application Site except this value
shall be adjusted upward or downward by multiplying said
value by the ratio, of the Consumer Price Index for all
Urban Consumers, U. S. City Average for the month such
irreparable environmental damage occurs, to, the same index
for the month during which proposed appraisal is made. CITY
shall pay for said appraisal which shall be attached hereto
as Exhibit E. Should only part of the Application Site be
damaged the CITY may purchase either all of the site or just
the damaged portion, at its option.
Sec. 3.4 - Ownership of Equipment.
CITY shall retain ownership of all building, equipment
and piping which CITY installs on Application Site and may
remove the same at any time during the primary, renewed or
extended term of this agreement without reducing CITY'S
obligation to perform its obligations under this contract.
^____ _1- _,., _____~ "'T",'T __._____...._ ,.,,, +:.........+- ....._ .............\..
easements granted in this Paragraph at termination of the
primary term if not extended or any extension thereof if
extended.
Sec. 3.5 - Irrigation with Treatment Plant Effluent.
During periods of non use by CITY, Property Owner may
use Sludge transmission and application system to irrigate
Application Site with Effluent from CITY sewage treatment
plant contingent upon CITY receiving a permit allowing this
from the State and provided doing so poses no threat or
nuisance to public health. CITY agrees to design and build
a pipe connection to its Sludge pump to facilitate Property
Owner's use of plant Effluent. Property Owner agrees to
supply all labor, electricity and maintenance during periods
of use for irrigation.
Sec. 3.6 - Expansion of Application Site.
Should future Sludge production or the observance of
acceptable application rates require more application area,
Property Owner agrees to permit CITY to expand site onto
contiguous cleared parts of Property at the total develop-
ment cost of CITY; such expansion not to increase
Application Site to include more than 430 acres of cleared
land. Nothing herein however shall require CITY to expand
on Property.
IV. TERM AND EXTENSION OF AGREEMENT.
Sec. 4.1 Term
The primary term of this agreement shall be ten (10)
established per acre value as determined by the procedure
outlined in Section 3.3, Indemnification, except that the
ratio in the Consumer Price Index for all Urban Consumers
U. S. City Average, shall be determined as of the date of
eltpiration of the primary term, or, offer to renew this
agreement for an additional ten (10) year term, or, both.
CITY will either accept Property Owner's offer or vacate
site. Property Owner shall provide notice of his offer to
CITY at least one hundred eighty (180) days prior to the
expiration of the primary term. CITY shall have 150 days
after receiving such notice to accept or reject said offer.
If CITY rejects Property Owner's offer this agreement shall
be automatically extended by two (2) years to provide CITY
time to develop alternate Sludge disposal arrangements.
During this automatic two (2) year extension both CITY and
Property Owner are bound to full performance of this
agreement.
CITY OF PARIS, PARIS TEXAS
By:
Billy Joe Burnett, Mayor
ATTEST:
Mattie Cunningham, City Clerk
~ 4~",/
Loy arrow
k/~
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 28th day of
July, 1986.
.
// . ,
'7 '.' ,-/ / I
,/l/~~/;I /AI~~LM'''-~~
Notary Public; State of hexas
Printed Name:f//I~/ll !//r;.!t/;(r4
My commission expires: ~/ J fl. p~l
STATE OF TEXAS
COUNTY OF LAMAR
~
~
BEFORE ME, the undersigned authority, on this day
personally appeared Loyd Barrow and Wife, Sybil Barrow known
to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me that they
executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 21st day of
July, 1986.
BARRO\'! PROPERTY EXHIBIT - B
Page 1 of 2
1
N
. kc""", Road ~
1 29
32 .
I "'-
31 30 23
24 I
22 21
2
3
19
20
5
4
17
/'
County Road
18
8 9
6
7 10
1 1
15
16
12 13 14
Pai.nt Bead nQ D\stance Wn1 Bud no Dishnce
1 S 0027' W 1,845.0 ft. 17 S 89'; 48' E 486.2 ft.
2 N 900 E 415.5 ft. 18 N O<? E 462.0 ft.
3 S 00 E 360.0 ft. 19 N 90') E 660.0 ft.
4 N 900 W 393.0 ft. 20 N O'J E 1.294.0 ft.
5 S Dc E 1,540.0 ft. 21 N 90~ W 292.0 ft.
6 N 900 E 287.0 ft. 22 N 0': E 270.0 ft.
7 N 0'" E 115.5 ft. 23 N 90'~ W 1,456.0 ft.
8 N 8So 30' E 295.0 ft. 24 N 76' W 134.0 ft.
9 S 0' E 115.5 ft. 25 N 620 W 134.0 ft.
10 N 90 E 144.0 ft. 26 N 4So W 165.0 ft.
11 SO'' E 824.0 ft. 27 N 620 W 136.0 ft.
12 N 8S' 30' E 1,467.5 ft. 28 N 760 W 136.0 ft.
13 N 89' E 1,341.0 ft. 29 S 8g0 30' W 1,250.0 ft.
14 NO' 7' W 655.0 ft. 30 N 890 W 1,446.0 ft.
15 N 88 46' E 1,578.3 ft. 31 N 00 E 28.0 ft.
16 NO'; 17' E 1,438.6 ft. 32 N 900 W 1,200.0 ft.
.
Situated about 8.5 miles North 20 Degrees East of the City of
Paris, County of lamar, and State of Texas. a part of the Hiram
Williams Survey NI007, John Cornelison Survey 1180, and Edward
Stephens Survey 1833.
BEGINNING at I 30" oak tree for a corner at the Northwest corner
of said Wilbanks Survey 11007, said point also being the Northwest
corner of a 265.13 acre tract of land conveyed to Martha Crawford
Crane by deed recorded in Vol. 281, Pige 525, of the Deed Records of
said County and Stale.
THENCE South 0 Degrees 27 Minutes West a distance of 1,845 feet to
an iron pin for I corner;
THENCE East a distance of 415.5 feet to an iron pin for a corner;
HIEtleE South a distance of 360 feet to in iron pin for a corner;
THENCE West a distance of 393 feet to an iron pin for a corner;
THENCE South along the East boundary line of a County road a
distance of 1,540 feet to an iron pin for a corner;
THENCE East a distance of 287 feet;
THENCE North a distance of 115.5 feet to an iron pin for a corner;
THENCE North 88 Degrees 30 minutes East a distance of 295 feet to
an iron pin for a corner;
THENCE South 115.5 feet;
THENCE East a distance of 144 feet to an iron pin for a corner;
THENCE South a distance of 82~ feet to an iron pin for a corner;
THENCE North 88 Degrees 30 minutes East a distance of 1,467.5
feel; North 89 Degrees East a distance of 1,341 feel to an iron pin
for a corner;
THENCE Norlh 0 Degrees 7 minutes West a distance of 655 feel to a
tree for a corner;
THENCE North 88 Degrees 46 minutes East a distance of 1,578.3 feet
to an iron pin for a corner;
THENCE North 0 Degrees 17 minutes East a distance of 1,~38.6 feet
to an iron pin for a corner;
THENCE South 89 Degrees 48 minutes East a distance of 486.2 feet
to an iron pin for a corner;
THEN~E North a distance of 462 feet to an iron pin for a corner;
THENCE East 6 distance of 660 feet to an iron pin for I corner in
the West boundary l1ne of . county road;
THENCE North a distance of 1,294 feet to an iron pin for a corner:
THENCE West a distance of 292 feet to an iron pin for a corner:
THENCE North a distance of 270 feet to an iron pin for a corner;
THENCE along the South boundary l1ne of a county road as follows:
West 1,456 feet; North 76 Degrees West 134 feet; North 62 Degrees West
134 feet; North 48 Degrees West 165 Feet; North 62 Degrees West 136
feet; North 76 Degrees West 136 feet; South 89 Degrees 30 minutes West
1,250 feet: North 89 Degrees West 1,446 feet: to an iron pin for a
corner;
THENCE North along the West boundary line of said county road a
distance of 28 feet to an iron pin for a corner:
THENCE West a distance of 1,200 feet to the place of beginning and
containing 523.7 ~cres of land more or less, plus 3.6 ~cres that li.
in said county roads, making a total of 527.4 acres of land.
EXHIBIT - B
Paue 2 of 2
,
APPLICATION SITE
EXHIBIT - C
Page 1 of 2
l-- Co",ty Road ~ 29 N
1 3f E
31 I 30 "- 23
I I
. I 24
I 22 21
Application
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Area I
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2 3 1 1 9
C I
4 t"-_ -..J. 20
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17
\ 18
County Road \
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8 9 \
11 \
6 7 10 -...lS 15
A 16
12
13
14
Point BearinQ Distance
1 5 00 27' ., 1,845.0 ft.
2 N 900 E 415.5 ft.
3 5 00 E 360.0 ft.
4 N 900 W 393.0 ft.
5 S 00 E 1540.0 ft.
6 N 900 E 287.0 ft.
7 N 00 E 115.5 ft.
8 N 880 30' E 295.0 ft.
. S 00 E 115.5 ft.
10 N 900 E 144.0 ft.
J\ S 00 E 130.0 ft.
A N 880 30' E 1275.0 ft.
B N 160 30' W 1930.0 ft.
C 5 810 30' E 830.0 ft,
D N 00 E 2028.0 ft,
E N 890 W 1070.0 ft,
31 N 00 E 28.0 ft.
32 N 900 11 1200.0 ft.
EXHIBIT - C
Page 2 of 2
Located on aforementioned tract of land as described in
Exhibit A, beginning at the Northwest corner of said tract, a 30
inch Oak tree.
THENCE South 0 Degrees 27 minutes West a distance of 1845 feet
to an iron pin for a corner;
'THENCE East a distance of 415.5 feet to an iron pin for a
corner;
THENCE South a distance of 360 feet to an iron pin for a corner;
THENCE West a distance of 393 feet to an iron pin for a corner;
THENCE South along the East Boundary of a County road a distance
of 1540 feet to an iron pin for a corner;
THENCE East a distance of 287 feet for a corner;
THENCE North a distance of 115.5 feet to an iron pin for a corner;
THENCE North 88 Degrees 30 minutes East a distance of 295 feet
to an iron pin for a corner;
THENCE South 115.5 feet for a corner;
THENCE East a distance of 144 feet to an iron pin for a corner;
THENCE South a distance of 130 feet for a corner;
THENCE North 88 Degrees 30 minutes East a distance of 1275 feet:
for a corner;
THENCE North 16 Degrees 30 minutes West a distance of 1930 feet
for a corner;
THENCE South 81 Degrees 30 Minutes East a distance of 830 feet
for a corner;
THENCE North a distance of 2028 feet to a point in the South
boundary line of a County road for a corner;
THENCE North 89 Degrees West a distance of 1070 feet to an iron pin
for a corner;
THENCE North along the West boundary line of said County road
a distance of 28 feet to an iron pin for a corner;
THENCE West a distance of 1200 feet to the point of beginning
and containing 171.0 acres more or less.
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EXHIBIT - C
Page 3 of 3
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HAY LEASE
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BarTow
City
J. Harrell Survey
City
17,3 acres total
N. Mat t hieson Survey
EXHIBIT - D
Page 1 of 3
Goose refuge
W, M. H obbs&1VE'Y"
City
Exhibit D
Page 2 of 3
Being a part of the Josiah Harrell Survey, situated West of the
City of Paris, Lamar County, Texas,
BEGINNING at a point in a fourth tract of land conveyed by William
Huddle,to the City of Paris on March 14, 1898 recorded Book 88, Page
320, Deed Records, Lamar County, Texas,
Said point being in the West boundary line of a public road 573.46
feet West of the Southeast corner of said tract, also being the
Northeast corner of the N. Matthieson Survey,
o
THENCE North 21 11' East a distance of 1109,56 feet to a point
for a corner,
THENCE North 870 02' 20" West a distance of 61.31 feet to a point
for a corner,
o
THENCE South 62 35' West a distance of 559.67 feet to a point for
a corner in the West boundary line of said Josiah Harrell Survey,
o
THENCE South 0 01' 56" West along said West boundary line a
distance of 780,04 feet to a point for a corner,
THENCE East a distance of 157.54 feet along the South boundary of
said tract to the point of beginning containing 7.07 acres, more or
less.