2022-071 - Approving Addendum Number Three to the Sewer Service Contract with the City of TocoRESOLUTION NO. 2022-071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING ADDENDUM NUMBER THREE TO THE SEWER SERVICE
CONTRACT BETWEEN THE CITY OF PARIS AND THE CITY OF TOCO
DATED DECEMBER 8, 1969 AND AUTHORIZING THE MAYOR TO EXECUTE
SAME; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of
December, 1969, in Resolution No. 1350, approve the execution of a Sewer Service Contract
with the City of Toco; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 131h day of
February, 2006, in Resolution No. 2006-016 approve Addendum Number One to said Sewer
Service Contract, adding paragraph number 6 (e); and,
WHEREAS, the City Council of the City of Paris did heretofore, on 10th day of April,
2006, in Resolution No. 2006-063 approve Addendum Number Two to said Sewer Service
Contract amending paragraph number 4 to insure compliance with the City of Paris Sewer
Use Ordinance and Pretreatment Program; and
WHEREAS, it is deemed appropriate that the terms of the contract be revised related
to sewer services provided to the City of Toco by the City of Paris; and,
WHEREAS, the form of Addendum Number Three to the contact, attached hereto as
ExhftbitA, should, in all things, be approved, and the Mayor should be authorized to execute
the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS,TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in
all things approved.
Section 2. That the form of Addendum Number Three to the Sewer Service Contract
between the City of Paris and the City of Toco dated December 8, 1969, attached hereto as
Exhibit A, be, and the same is hereby, approved.
Section 3. That the Mayor be, and she is hereby, authorized and directed to execute,
on behalf of the City of Paris, Addendum Number Three to said contract, under the terms and
conditions and in the form shown in Exhtbjt A attached hereto.
Section 4. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 12th day of December, 2022.
M111" I
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I ry' ® . .
®'® Paula Portugal, Mayor"
ATTEST:
nice Ellis, City Clerk
A E AS TO FOPM:
w
Stephanie H. Harris City Attorney
ADDENDUM NUMBER THREE
to Sewer Service Contract Between
the Cit v of Paris and the City of Toco
dated December 8 1969
STATE OF TEXAS )
COUNTY OF LAMAR )
KNOW ALL MEN BY THESE PRESENTS, that this Addendum Number Three to the
Sewer Service Contract dated December 8, 1969 (the "Contract"), between the City of Toco,
Texas, the City of Paris, Texas, and Lamar County Water Supply District is made this day
of , 2023, by and between the City of Toco, hereinafter called "Toco," acting by and
through its duly authorized Mayor, the City of Paris, Texas, acting by and through its City
Manager, duly authorized, hereinafter called "City," and Lamar County Water Supply District,
hereinafter called "LCWSD."
WITNESSETH
I.
It is hereby mutually agreed by and among the parties that paragraphs 4 and 7 of the
Contract be deleted, and Addendum Number Two be rescinded.
II.
It is hereby mutually agreed by and among the parties that paragraph number 5 of the
Contract be amended to read as follows:
"5. Billing and payment of charges for sewer services that City provides
to the residents and businesses of Toco shall be made as follows:
(a) Toco hereby contracts with City to bill individual residents and
commercial businesses for sewer services provided through the infrastructure
owned by Toco. The rates for such services shall be equal to the rates paid by
residential and commercial sewer accounts within Paris' corporate limits in
accordance with Chapter 12 of the City of Paris Code of Ordinances, as may be
amended from time to time. Each new sewer service customer will be subject to a
deposit requirement in the amount as established in Section 12.02.008 of the City
of Paris Municipal Code of Ordinances, as may be amended from time to time.
(b) In order to accomplish the objectives set out in paragraph No. 5(a)
hereinabove, City will install new water meters at each existing residence or
commercial structure receiving sewer service for the purpose of identifying the
usage for waste water billing. Each new water meter will be associated with a newly
created sewer user account. City will read each meter monthly and bill for sewer
service in accordance with Chapter 12 of the City of Paris Municipal Code of
Ordinances, as may be amended from time to time. This subparagraph shall apply
to meters installed in association with any new construction in the Toco corporate
limits henceforth. Toco hereby will require all new construction to install a water
meter for billing purposes.
(c) Toco shall reimburse City for the cost of each meter installed
pursuant to paragraph 5(b) for existing structures along with installation charges.
Said reimbursement shall be THIRTY THOUSAND AND NO/100 DOLLARS
($30,000.00) and shall be paid in accordance with paragraph 10 hereunder. City
shall retain ownership of each meter and be responsible for servicing and
maintenance thereof. Each new sewer account shall be assessed an additional
customer service fee for servicing its water meter equal to that paid by residential
and commercial accounts located within City's corporate limits. Should City install
a new meter pursuant to new construction in the Toco corporate limits after the
meters have been installed at structures existing at the time of the execution of this
Addendum Number Three, meter costs shall be paid to City by the developer or
requesting entity. City shall not be responsible for any water or sewer taps,
repairs, extensions of lines, maintenance or any other work to Toco infrastructure.
(d) LCWSD and Toco hereby agree that LCWASD shall delegate to
City the right and mandate set forth in 16 Texas Administrative Code Sec. 24.167(e)
to shut off water service to any water meter associated with a delinquent sewer
account. A sewer account shall become delinquent and shall be subject to cutoff in
accordance with Chapter 12 of the City of Paris Municipal Code of Ordinances, as
may be amended from time to time."
II.
It is hereby mutually agreed by and among the parties that paragraph number 10 be
added to read as follows:
"10. Toco agrees to pay City the sum of at least TWO THOUSAND EIGHT -
HUNDRED DOLLARS AND NO/100 ($2,800.00) per month until a grand total of ONE
HUNDRED FOURTEEN THOUSAND SIX HUNDRED TWENTY-TWO DOLLARS
AND NO/100 ($114,622.00) consisting of an arrearage of past sewer service fees in the
amount of EIGHTY-FOUR THOUSAND SIX HUNDRED TWENTY-TWO DOLLARS
AND NO/100 ($84,622.00) and costs associated with City's installation of new water
meters as set forth in paragraph 5(c) in the amount of THIRTY THOUSAND DOLLARS
AND NO/100 ($30,000.00), has been retired. Said payment is estimated to take FORTY-
ONE (41) months, but will not terminate until the entire owed balance is paid."
EXECUTED on the day of , 2023.
Signature page to follow:
ATTEST:
ce Ellis, City Clerk
By:
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cry"o�,''o,
AP1 "D S TO FORM:
Stephanie H. Harris, City Attorney
ATTEST:
, City Secretary
CITY OF PARIS, PARIS, TEXAS,
Paula Portugal, Mayor
THE CITY OF TOCO
, Mayor
LAMAR COUNTY WATER SUPPLY
DISTRICT
Title:
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared Paula Portugal,
Mayor, City Manager of the City of Paris, Texas, 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 day of , 202_.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared
Mayor of the City of Toco, Texas, 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 day of , 202_.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared
of Lamar County Water Supply District, 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 day of , 202.
Notary Public, State of Texas