2024-031 - Disannexation of appx 170 acres - CR 22500 (LCAD 71112-113 & 70422-223ORDINANCE NO. 2024-031
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
DISANNEXING PORTIONS OF FOUR PARCELS OF PROPERTY EQUALING
APPROXIMATELY 170 TOTAL ACRES AND LOCATED ON OR AROUND
COUNTY ROAD 22500 (LCAD#s 71112, 71113, 70422, AND 70423)
WITHIN OF THE CITY LIMITS OF THE CITY OF PARIS CONTINGENT UPON
EXECUTION OF A DISANNEXATION AGREEMENT WITH THE PETITIONER;
APROVING SAID DISANNEXATION AGREEMENT AND AUTHORIZING THE
MAYOR TO EXECUTE SAME; ADJUSTING CITY BOUNDARIES TO REFLECT
NEW CITY LIMITS; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY
CLAUSE AND A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the city staff has presented to the City Council a petition brought by Nexus
Renewable Power, LLC ("Nexus") on behalf of Robert Moore, the property owner, for
disannexation of property (the "Property") he owns which is currently located within the
City Limits of the City of Paris, said property being portions of three parcels (LCAD#s 71112,
71113, and 70422) and the entirety of a fourth parcel (LCAD# 70423) on or around County
Road 22500, being approximately 170 acres in total as more particularly described in
Exhibits A and B attached hereto and incorporated herein by reference; and,
WHEREAS, Nexus is the leaseholder of the Property, and the intended use of the
Property is for the development of a solar farm project, most of which will be located outside
of the City limits; and
WHEREAS, on June 24, 2024, the City Council directed staff to begin disannexation
proceedings regarding the aforementioned property; and
WHEREAS, the city notified other taxing entities of the proposed disannexation on
July 9, 2024 as required by law; and
WHEREAS, the city published notice of two public hearings in the Paris News on July
15, 2024 as required by law; and
WHEREAS, the City Council conducted the first public hearing on the petition at a
special meeting on August 5, 2024, at which no one spoke either in favor or in opposition to
the petition; and
WHEREAS, the City Council conducted the second public hearing on the petition at
its regular meeting on August 12, 2024, at which a representative of the petitioner spoke in
favor of the petition and no one spoke in opposition thereto; and
WHEREAS, the City and Nexus have agreed to the terms of a Disannexation
Agreement, a copy of which is attached hereto as Exhibit C and is incorporated herein by
reference, wherein Nexus has agreed to pay to the City the sum of $400,000.00, to be paid in
three installments, and which represents an approximation of the present value of
projected ad valorem taxes on the property to be disannexed through 2055 based on its value
once developed; and
WHEREAS, said petition came on for consideration and action on September 9, 2024;
and
WHEREAS, the City Council, having considered the petition, the comments of
representatives of the petitioners over the course of several meetings, and the reduction in
projected property tax revenues from the subject property has found that disannexation of
the subject property and the approval of the Disannextion Agreement is in the best interest
of the citizens of the City of Paris;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved and are incorporated herein by reference for all purposes.
Section 2. That by adoption of this ordinance, the City Council does hereby
disannex that Property currently within the boundaries of the city limits of the City of Paris,
Texas on or around County Road 22500, being approximately 170 acres in total and
comprising those portions of LCAD parcels 71112, 71113, and 70422 lying within the
boundaries of the City of Paris, Texas being more particularly described in Exhibit A hereto;
and the entirety of a fourth parcel (LCAD# 70423), being more particularly described in
Exhibit B hereto.
Section 3. That the Property described herein shall be, and is hereby upon the
effective date of this ordinance, in all things disannexed from the city limits of the City of
Paris, Texas.
Section 4. That from and after the effective date of this ordinance, the boundaries
of the City of Paris, Texas as the same appear in any and all official documents, maps, or other
renderings, shall be and are hereby adjusted to reflect new boundaries of the City of Paris as
amended by this disannexation.
Section 5. That in accordance with Section 43.148 of the Texas Local Government
Code, the City Council finds and determines that the value of services provided by the City
for the direct benefit of the Property during the period of time said area was located within
the city limits of the City of Paris, equals or exceeds the amount of property taxes and fees
collected from the landowners whose property is located within the area disannexed herein.
Section 6. That this disannexation of the property is contingent upon to Nexus'
execution of the Disannexation Agreement between the City of Paris, Texas and Nexus
Renewable Power, LLC, a copy of which is attached hereto as Exhibit C and incorporated
herein by reference, and that the effective date of this ordinance shall be on the date Nexus
executes said Disannexation Agreement. Further, the City Council hereby grants the Mayor
the authority to execute the same on the City's behalf.
Section 7. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris, Texas not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 8. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 9. That it is the intention of the City Council of the City of Paris, Texas,
that this ordinance and every provision hereof, shall be considered severable, and the
invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not
affect the validity of any other portion of this ordinance.
Section 10. This ordinance shall be effective immediately upon the execution by
Nexus Renewable Power, LLC of the Disannexation Agreement attached hereto as Exhibit C.
PASSED AND ADOPTED on this 9th day of September, 2024.
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ATTEST: ZI
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J;ice Ellis, City Clerk
D AS TO FORM:
ie H. Harris; City Attorney
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Mihir Pankal, Mayor
Exhibit A
Exhibit A
TRACT ONE: LAMAR COUNTY APPRAISAL DISTRICT TAX PARCEL 70422
DESCRIPTION, of a 190.975 acre tract of land situated in the M.E.P. and P.R.R. Survey, Section 37,
Abstract No. 637 and in the Lemuel Ewer Survey, Abstract No. 313, Lamar County, Texas; said tract
being all of a called 190.878 acre tract of land described in General Warranty Deed to Robert L.
Moore recorded in Instrument No. 194574-2022 of the Official Records, Lamar County, Texas; said
190.975 acre tract being more particularly described as follows:
BEGINNING, at a 1/2 -inch iron rod with "RPLS #4057" cap found in the north right-of-way line of
County Road 22500 (a 40 -foot right-of-way), in the northwest right-of-way line of Northeast Texas
Trail (a variable width right-of-way) at the southwest corner of said 190.878 acre tract at the most
southerly southeast corner of a called 160.328 acre tract of land described in deed to James Moore
and Robert Moore recorded in Instrument No. 196332-2022 of the said Official Records;
THENCE, departing the said north right-of-way line of County Road 22500 and said northwest right-
of-way line of Northeast Texas Trail and along the common line between said 190.878 acre tract and
said 160.328 acre tract, the following courses and distances:
North 00 degrees 24 minutes 09 seconds East, a distance of 1,913.86 feet to a 1/2 -inch iron
rod found for corner; said point also being a re-entrant corner of said 160.328 acre tract;
North 88 degrees 06 minutes 54 seconds East, a distance of 1,362.63 feet to a 1/2 -inch iron
rod with "RPLS #4057" cap found at a re-entrant corner; said point also being a southeast
corner of said 160.328 acre tract;
North 01 degrees 14 minutes 21 seconds West, a distance of 1,424.78 feet to a 1/2 -inch iron
rod found for corner; said point also being an angle point in the east line of said 160.328 acre
tract and the southwest corner of a called 231.70 acre tract of land described in deed to
Kimberly-Clark Corporation recorded in Volume 650, Page 416 of the said Official Records;
THENCE, departing the said common line between the 190.878 acre tract and the 160.328 acre tract
and along the common line between said 190.878 acre tract and said 231.70 acre tract, the following
courses and distances:
North 88 degrees 29 minutes 50 seconds East, a distance of 2,403.98 feet to a 1/2 -inch iron
rod found for corner; said point also being a re-entrant corner of said 231.70 acre tract;
South 00 degrees 38 minutes 53 seconds East, a distance of 935.27 feet to a 1/2 -inch iron
rod found at a re-entrant corner; said point also being a southwest corner of said 231.70 acre
tract;
North 88 degrees 48 minutes 37 seconds East, a distance of 1,061.40 feet to a 3/8 -inch iron
rod found at an angle point in a north line of said 190.878 acre tract; said point also being a
southeast corner of said 231.70 acre tract and an angle point in the westerly right-of-way line
of F.M. 137 (a variable width right-of-way);
(888) 1337-5150
THENCE, North 87 degrees 27 minutes 39 seconds East, along the said westerly line of F.M. 137
and a north line of said 190.878 acre tract, a distance of 203.04 feet to a point for corner; said point
also being an angle point in the said westerly line of F.M. 137;
THENCE, South 33 degrees 27 minutes 52 seconds West, along the said westerly line of F.M. 137,
a distance of 506.66 feet to a 1/2 -inch iron rod with "RPLS #4057" cap found at the intersection of the
said westerly line of F.M. 137 and the said northwest right-of-way line of Northeast Texas Trail;
THENCE, South 65 degrees 55 minutes 24 seconds West, along the said northwest right-of-way line
of Northeast Texas Trail, a distance of 5,194.84 feet to the POINT OF BEGINNING;
CONTAINING, 8,318,857 square feet or 190.975 acres of land, more or less.
TRACT TWO: (LAMAR COUNTY APPRAISAL DISTRICT TAX PARCEL 711.11, 71112.71113)
DESCRIPTION, of a 160.271 acre tract of land situated in the Isaac Cruze Survey, Abstract No. 162,
the William H. Bourland Survey, Abstract No. 71 and the William H. Bourland Survey, Abstract No.
132, Lamar County, Texas; said tract being all of a called 160.328 acre tract of land described in
Warranty Deed (with Vendor's Lien) to Rober Moore and James Moore recorded in Instrument No.
054068-2007 of the Official Records, Lamar Couty, Texas; said 160.271 acre tract being more
particularly described as follows:
BEGINNING, at a 1/2 -inch iron rod found in the southeast right-of-way line of Missouri Pacific Railroad
(a 100 -foot right-of-way) at the northwest corner of said 160.328 acre tract; said point also being the
northeast corner of a called 101.534 acre tract of land described in deed to William E. Wood and
Sheryl Gwen Larkin -Wood recorded in Volume 479, Page 286 of the said Official Records;
THENCE, North 74 degrees 49 minutes 19 seconds East, along the said southeast right-of-way line
of Missouri Pacific Railroad, a distance of 2,141.64 feet to a point for corner; said point also being the
northwest corner of a called 231.70 acre tract of land described in deed to Kimberly-Clark Corporation
recorded in Volume 650, Page 416 of the said Official Records;
THENCE, departing the said southeast right-of-way line of Missouri Pacific Railroad and along the
common line between said 160.328 acre tract and said 231.70 acre tract, the following courses and
distances:
South 01 degrees 02 minutes 24 seconds East, at a distance of 636.52 feet passing a 1/2 -
inch iron rod found, continuing in all a total distance of 708.08 feet to an angle point;
South 05 degrees 14 minutes 23 seconds East, a distance of 741.71 feet to a 1/2 -inch iron
rod found at an angle point; said point also being the southwest corner of the said 231.70 acre
tract and the most northerly northwest corner of a called 190.978 acre tract of land described
in deed to Robert L. Moore recorded in Instrument No. 194574-2022 of the said Official
Records;
THENCE, along the common line between said 160.328 acre tract and said 190.978 acre tract, the
following courses and distances:
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South 01 degrees 14 minutes 21 seconds East, a distance of 1,424.78 feet to a 1/2 -inch iron
rod with "RPLS #4057" cap found for corner; said point also being a re-entrant corner of said
190.978 acre tract;
South 88 degrees 06 minutes 54 seconds West, a distance of 1,362.63 feet to a 1/2 -inch iron
rod found at a re-entrant corner; said point also being the most southerly northwest corner of
said 190.978 acre tract;
South 00 degrees 24 minutes 09 seconds West, a distance of 1,913.86 feet to a 1/2 -inch iron
rod with "RPLS #4057" cap found for corner at the intersection of the north right-of-way line
of County Road 22500 (a 40 -foot right-of-way) and the northwest right-of-way line of Northeast
Texas Trail (a variable width right-of-way); said point also being the southwest corner of said
190.978 acre tract;
THENCE, South 88 degrees 51 minutes 30 seconds West, departing the said common line between
the 160.328 acre tract and the 190.978 acre tract and along the said north right-of-way line of County
Road 22500, a distance of 717.09 feet to a 1/2 -inch iron rod found for corner; said point also being
the southeast corner of a called 6.508 acre tract of land described in deed to William E. Wood and
Sheryl G. Wood recorded in Volume 479, Page 302 of the said Official Records;
THENCE, North 01 degrees 14 minutes 59 seconds West, departing the said north right-of-way line
of County Road 22500 and along the common line between said 160.328 acre tract and said 6.508
acre tract, a distance of 895.96 feet to a 5/8 -inch iron rod with "WESTWOOD PS" cap set at an angle
point; said point also being the northeast corner of said 6.508 acre tract and a southeast corner of
said 101.534 acre tract;
THENCE, along the common line between said 160.328 acre tract and said 101.534 acre tract, the
following courses and distances:
North 01 degrees 24 minutes 01 second West, a distance of 1,301.48 feet to a metal fence
post found at an angle point;
North 00 degrees 48 minutes 32 seconds West, a distance of 706.48 feet to a 1/2 -inch iron
rod found at an angle point:
North 01 degrees 01 minutes 35 seconds West, a distance of 1,380.19 feet to the POINT OF
BEGINNING;
CONTAINING, 6,981,422 square feet or 160.271 acres of land, more or less.
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EXHIBIT B
Weastwood
DESCRIPTION, of a 15.255 acre tract of land situated in the Lemuel Ewer Survey, Abstract No. 313,
Lamar County, Texas; said tract being part of a called 190.878 acre tract of land described in General
Warranty Deed to Rober L. Moore recorded in Instrument No. 194574-2022 of the Official Records,
Lamar County, Texas; said 15.255 acre tract being more particularly described as follows:
BEGINNING, at a 1/2 -inch iron rod with "Chaney RPLS #4057" cap found for corner at the intersection
of the northwest right-of-way line of F.M. 137 (19th Street) and the northerly right-of-way line of
Northeast Texas Trail; said point also being the southeast corner of said 190.878 acre tract;
THENCE, South 65 degrees 55 minutes 24 seconds West, along the said northerly line of Northeast
Texas Trail and the southerly line of said 190.878 acre tract, a distance of 1,064.88 feet to a 5/8 -inch
iron rod with "WESTWOOD" cap set for corner;
THENCE, North 00 degrees 51 minutes 33 seconds West, departing the said northerly line of
Northeast Texas Trail and the said southerly line of the 190.878 acre tract, over and across said
190.878 acre tract, a distance of 826.16 feet to a 1/2 -inch iron rod found for corner; said point also
being a re-entrant corner of said 190.878 acre tract and the most easterly southwest corner of a called
231,70 acre tract of land described in deed to Kimberly-Clark Corporation recorded in Volume 647,
Page 239 of the said Official Records;
THENCE, North 88 degrees 48 minutes 37 seconds East, along the common line between said
190.878 acre tract and said 231,70 acre tract, a distance of 1,061.40 feet to a 3/8 -inch iron rod found
at an angle point; said point also being a southeast corner of said 231,70 acre tract and an angle
point in the said northwest line of F.M. 137;
THENCE, North 87 degrees 27 minutes 39 seconds East, along, a distance of 203.04 feet to a wood
fence post found for corner; said point also being an angle point in the said northwest line of F.M. 137
and a northeast corner of said 190.878 acre tract;
THENCE, South 33 degrees 27 minutes 52 seconds West, along the said northwest line of F.M. 137
and the southeast line of said 190.878 acre tract, a distance of 506.66 feet to the POINT OF
BEGINNING;
CONTAINING, 664,517 square feet or 15.255 acres of land, more or less.
(888) i' r...sisa
Exhibit C
DISANNEXATION AGREEMENT
This Disannexation Agreement (the "Agreement") is entered into by and between the
CITY OF PARIS, TEXAS, a home rule municipal corporation situated in Lamar County, Texas,
acting by and through its authorized officer whose signature appears below (hereinafter
called "City"), and NEXUS RENEWABLE POWER, LLC, a limited liability company formed
under the laws of the State of Texas, acting by and through its authorized officer whose
signature appears below (hereinafter referred to as "Nexus").
WITNESSETH:
WHEREAS, Nexus is the lessee of certain property in the City of Paris, Texas and
Lamar County, Texas upon which it intends to develop a commercial -scale solar energy and
battery storage renewable energy project (the "Project"); and
WHEREAS, a portion of the property that comprises the Project consists of
approximately 170 acres of land in total that fall within the corporate boundaries of the City
and are identified as portions of LCAD parcel Nos. 71112, 71113, and 70422 and the entirety
of a LCAD parcel No. 70423 on or around County Road 22500, being more fully described in
Exhibits A and B hereto (the "Property"), which exhibits are incorporated by reference
herein; and
WHEREAS, the Property comprises only a portion of the overall Project site, which
also includes approximately 1,100 acres of land located entirely outside of the City's
corporate boundaries; and
WHEREAS, on or about May 13, 2024, Nexus filed a petition on behalf of Nexus and
Robert A. Moore, the lessor and owner of the Property, requesting that the City disannex
same to provide for uniform development standards for the Project (the "Petition"),
including both the portion of the Project to be developed on the Property and the remaining
portion of the Project to be developed on the land located outside of the City's boundaries;
and
WHEREAS, on June 24, 2024, at its regularly scheduled meeting, the City Council of
the City of Paris, Texas found that the Property is eligible for disannexation and directed City
staff to initiate disannexation proceedings; and
WHEREAS, the City, having followed all statutory prerequisites for disannexing the
Property, including notifying other taxing entities, publishing notice of public hearings, and
conducting two public hearings, the City Council considered the Petition and request of
disannexation of the Property set forth therein on September 9, 2024 at the City Council's
regularly scheduled meeting; and
WHEREAS, both parties hereto understand and agree that the City is under no
statutory obligation to disannex the Property; and
WHEREAS, the City and Nexus understand and agree that disannexation of the
Property would result in a loss of ad valorem tax revenues to City for all time; and
WHEREAS, in consideration for the loss of said ad valorem tax revenues and for the
City's disannexation of the Property, Nexus has agreed to make certain payments to the City,
which the parties acknowledge and agree represent the present value of the projected ad
valorem taxes relating to the Property for a period of thirty (30) years; and
WHEREAS, the projected corridor of the Northeast Texas Trail runs through the
Project site, including the Property and the portion of the Project site that is currently located
outside of the existing City limits for a length of 3,932 feet and comprising a total of 4.166
acres (the "Trail Corridor"); and
WHEREAS, in further consideration thereof, Nexus has agreed to provide land
clearing and site work related to the development of such Trail Corridor (collectively, the
"Trail Corridor Improvements");
NOW, THEREFORE, the parties hereto do mutually contract and agree as follows:
I.
Recitals
1.1 The recitals set forth above are incorporated into this Agreement for all
purposes.
II.
Term
2.1 The effective date of this Agreement is the 91h day of September, 2024 and this
Agreement shall terminate upon receipt of all funds due and owing to the City from Nexus.
For the purposes of this Agreement, "Receipt of funds" shall mean thirty (3 0) days following
confirmation that all funds due and owing the City hereunder have been received and have
cleared the City's banking institution. Notwithstanding the foregoing, Nexus's obligations
hereunder are contingent upon the City's adoption of an Ordinance approving and effecting
the disannexation of the Property, and, should the City fail to do so, this Agreement will be
null and void.
III.
Payments
3.1 Nexus agrees herein to pay to the City a total sum of FOUR HUNDRED
THOUSAND AND NO/100 DOLLARS ($400,000.00), an amount roughly approximating the
present value of ad valorem taxes that would be due and owing on the improved value of the
Property through the year 2055, according to the following schedule:
Payment 1: ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00)
to be paid within thirty (30) days of the City Council's adoption of an Ordinance
approving and effecting the disannexation of the Property, which disannexation is
anticipated to occur on September 9, 2024.
Payiment 2: ONE HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS
($175,000.00) to be paid within thirty (30) days of Nexus's issuance of its Full Notice
to Proceed to commence construction of the Project, which issuance is anticipated to
occur on or before December 31, 2024.
Payment 3: ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS
($125,000.00) to be paid within thirty (30) days of the date the Project is placed in
service or operation for other than testing purposes (the "Commercial Operations
Date"), which Commercial Operations Date is anticipated to occur on or before
December 31, 2025.
3.2 In connection with Paragraph 3.1, Nexus will provide the City with copies of
the Full Notice to Proceed and the Commencement Operations Date within three (3) business
days of the issuance or occurrence of same according to the notice provisions contained
herein in Section IX.
IV.
Consideration: Improvements
4.1 As further consideration of the City's disannexation of the Property, Nexus
shall undertake and complete the Trail Corridor Improvements to wit:
a. Provide land clearing for the length of the Trail Corridor as shown on Exhibit
A hereto.
b. Provide site work on the Trail Corridor which shall include but not be limited
to removing all brush and debris located on the Trail Corridor that following
the land clearing.
4.2 All Trail Corridor Improvements shall be completed by the Commercial
Operations date as defined herein. Nexus furthermore agrees and covenants that it will
diligently and faithfully, in a good and workmanlike manner, pursue the completion of the
Trail Corridor Improvements in accordance with all applicable state and local laws, codes,
and regulations, or Nexus will procure a valid waiver thereof.
4.3 In connection with this section, Nexus shall inform the City in writing that the
Trail Corridor Improvements have been completed in accordance with the notice provisions
contained herein in Section IX.
4.4 Subsequent to the notice required in the preceding section, Nexus shall allow
the City access to the Trail Corridor for purposes of inspection and confirmation that the
Trail Corridor Improvements have been completed. To initiate said inspection, the City will
provide written notice to Nexus, and Nexus shall make arrangements with the City for
inspection of the Trial Corridor Improvements within fifteen (15) business days of the City's
notice of inspection. In this connection, given the nature of the improvements involved in the
Project, the City acknowledges that Nexus may require that City inspectors be accompanied
by a Project employee or other Nexus representative.
4.5 Upon completion of the Trail Corridor Improvements and payment of the
amounts set forth in Section 3.1 above, Nexus shall have no further obligations to the City in
connection with the disannexation of the Property.
V.
Default
5.1 If Nexus defaults on any obligation in this Agreement, including the timely
payment of the amounts as set forth in Section 3.1, or completion of the Trail Corridor
Improvements as set forth in Section IV, the City may bring suit to recover any outstanding
payments due under this Agreement and/or for specific performance of the obligations
contained herein regarding Trail Corridor Improvements; provided, however, that prior to
filing suit or taking any legal action against Nexus, the City shall deliver written notice of
default to Nexus, and upon Nexus's receipt of such notice, Nexus shall be given a reasonable
opportunity of not less than thirty (30) days to cure the default.
VI.
No Conflict of Interest
6.1 Nexus represents and warrants that the Property does not include any
Property that is owned or leased by a member of the Planning and Zoning Commission of the
City, nor by a member of the City Council approving, or having responsibility for the approval
of, this Agreement.
VII.
Conditions
7.1 The terms and conditions of this Agreement are binding upon and enforceable
against and with respect to the successors and assigns of all parties hereto.
7.2 It is understood and agreed between the parties that Nexus, in performing its
obligations hereunder, is acting independently; the City assumes no responsibility or liability
in connection therewith to third parties; and Nexus agrees to indemnify and hold the City
harmless therefrom. It is further understood and agreed among the parties that the City, in
performing its obligations hereunder, is acting independently; Nexus assumes no
responsibility or liability in connection therewith to third parties; and, to the extent
permissible by law, the City agrees to indemnify and hold harmless Nexus therefrom.
4
VIII.
Authority to Contract
8.1 This Agreement was authorized by Ordinance of the City Council at its
regularly scheduled meeting on the 9th day of September, 2024, authorizing the Mayor to
execute the Agreement on behalf of the City.
8.2 This Agreement was entered into by Nexus pursuant to the authority granted
to the authorized official whose signature appears below.
IX.
Legal
9.1 No officer, official or agent of the City has the power to amend, modify or alter
this Agreement or waive any of its conditions or to bind the City by making any promise or
representation not contained herein.
9.2 This Agreement, except by operation of law, shall not be assigned or
transferred by Nexus, without the prior written consent of City, which consent, not to be
unreasonably withheld, conditioned, or delayed, shall be at the sole discretion of the City.
9.3 Any written notice required or permitted under the terms of this Agreement
shall be given and be deemed to have been duly served if either (1) delivered in person, (2)
deposited as certified mail, return receipt requested, postage prepaid in the United States
mail, or (3) sent by recognized carrier with shipment tracking number addressed to the
designated representative of the respective parties which are designated as follows:
NEXUS:
Nexus Renewable Power, LLC
Attn: Sargon Daniel
5160 Tennyson Pkwy, Suite 1000W
Plano, TX 75024
CITY:
CITY OF PARIS, TEXAS
Attn: City Manager
P.O. Box 9037
Paris, TX 75461-9037
Alternatively, said reports may be delivered personally to the City Manager at 135 SE
1st St., Paris, Texas 75460
With a CODY to:
City Clerk, City of Paris, Texas (address same as above)
City Attorney, City of Paris, Texas (address same as above)
5
9.4 If any term or provision of this Agreement shall be declared unconstitutional
or void by any court of competent jurisdiction, the constitutionality and validity of the
remainder of said Agreement shall not be affected thereby, and to this end the terms and
provisions of this Agreement are declared to be severable.
9.5 This Agreement sets forth the entire understanding between the parties, and
any other understandings or agreements shall be canceled and superseded by this
Agreement upon the date of execution hereof. None of the terms of this Agreement shall be
waived, discharged, altered or modified in any respect, except by an Agreement in writing
signed by both parties and specifically referring to this Agreement. The captions in this
Agreement are included for convenience only and shall not be taken into consideration in
any construction or interpretation of this Agreement or any of its provisions. This
Agreement is performable in Lamar County, Texas, and shall be governed by, construed and
enforced in accordance with the laws of the State of Texas. The provisions of this Agreement
shall apply to, bind and inure to the benefit of the City, Nexus, and their respective
successors, and permitted assigns, if any.
9.6 jurisdiction and venue for any actions arising under this Agreement shall lie
exclusively in the courts of Lamar County, Texas.
9.7 Nexus and the City have both contributed to the drafting of this Agreement,
and no ambiguity, if any, contained in this Agreement shall be construed against either party.
9.8 MANDATORYANTI-BOYCOTTAND O HER PROVISIONS. Nexus, by executing this
Agreement, certifies the following:
i. Pursuant to Section 2271.002 of the Texas Government Code, Nexus
certifies that either (i) it meets an exemption criterion under Section
2271.002; or (ii) it does not boycott Israel and will not boycott Israel
during the term of the Agreement. Nexus acknowledges this Agreement
may be terminated and payment withheld if this certification is
inaccurate.
ii. Pursuant to SB 13, 87th Texas Legislature, Nexus certifies that either (i) it
meets an exemption criterion under SB 13, 87th Texas Legislature; or (ii)
it does not boycott energy companies, as defined in Section 1 of SB 13, 87th
Texas Legislature, and will not boycott energy companies during the term
of the Agreement. Nexus acknowledges this Agreement may be terminated
and payment withheld if this certification is inaccurate.
iii. Pursuant to SB 19, 87th Texas Legislature, Nexus certifies that either (i) it
meets an exemption criterion under SB 19, 87th Texas Legislature; or (ii)
it does not discriminate against a firearm entity or firearm trade
association, as defined in Section 1 of SB 19, 87th Texas Legislature, and
will not discriminate against a firearm entity or firearm trade association
during the term of the Agreement. Nexus acknowledges this Agreement
may be terminated and payment withheld if this certification is inaccurate.
L
iv. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Nexus
certifies Nexus is not engaged in business with Iran, Sudan, or a foreign
terrorist organization. Nexus acknowledges this Agreement may be
terminated and payment withheld if this certification is inaccurate
[Signatures on following page]
7
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as
of the date set forth below.
WITNESS our hands this 9th day of September, 2024.
THE CITY OF PARIS, TEXAS
L -In
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
Mihir Pankaj, Mayor
NEXUS RENEWABLE POWER, LLC
2
ATTEST:
Title:
Name:
Title: _
Date:
Exhibit A
k
EffectiveDate: March 2024
Grantor: Robert Lm Moore, not joined by his .spouse as this ro /constitutes no part of
Granted: Greater Faris Development Foun ati,exas Non -Profit Corporation
Consideration: $10,00 and ether goo d vI consideration the sufficiency of which
is acknowledged by Grantee.
Property:
SEE E HERETO
Reservations 6/m/ E e tions' to -Conveyance and Warranty:
This -conve,yal he ever, is -made and accepted subject to all outstanding. mineral`
interest, r I �tatrictions," es rvations, easements, covenants and conditions, relating to the
ll
herein above descgb d property 'as now reflected by the records of the County Clerk of
Pa
.-03/08/2024 10:35:33 AM By: mratliff
Lamar County, Tx
11111111% 1111 fill Irlij, 11111111 11 Irlim III ll�,, 11 lin noll I*K__-
1011111111111M 1111111111 mill Jill
211930-2024 03/08/2024 10:35:33 AM Page 2 of -6
Grantor, for the consideration, receipt of which is acknowledged, and subject(go the
reservations from and exceptions to conveyance and warranty, grants, sells and con'�dto
Grantee the property, together with all and singular the rights and appurtenan "e
any
any wise belonging, to have and hold it to Grantee, Grantee's heirs, execut6,r�•, \\�%
administrators, .successors or assigns forever. Grantor binds Grantor and <GraO9 s heirs,
executors, administrators and successors to warrant and forever defepd-all`Od�singular
the property to Grantee and Grantee's heirs, executors, administrgf0s, sub,-ess67s and
assigns against every person whomsoever lawfully claiming or to Maim the sane or any
partthereof, by through or under Grantor, but not otherwise;exrept a�tt5e reservations
from and exceptions to conveyance and warranty.
Payment of ad valorem taxes for the current year having been assumed by Grantee.
When the context requires, singular nouns ai 'provfoans include the plural.
�� ,
f
211930-2024 03/08%2024 10:35:33 AM - Page 3 of 6
ACKNOWLEDGMENT
STATE OF TEXAS '
COUNTY OF LAMAR
This instrument was acknowledged before me or
2024, by Robert L. Moore.
CASEY GAN
°r Notary Public
STATE OF TEXAS
'+ 11)#12954183 3
Comm, Ex . Au , 2B,?025
After 'Pe or2E�turn To:
area"is-Develooment Foundation
c/o Biard
Paris) TX 75460
211930-2024 03/08/2024 10:35:33 AM Page 4 of 6
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211930-2024 03/08/2024 10:35:33 AM Page 6 of 6
Metes and Bounds Description
4.166 Acres
Lamar County, Texas n
December 2023
Being 4.166 acres of land situated partially within the corporate limits ofthe City of Paris, approxima ely 3.28 miles
South 47°15' West of the Lamar County Courthouse, being part of the Lemuel Ewer Survey, Abstract Numb6 313 and the
MEP & P RR CO Survey, Abstract Number 637, and being part of a called 190.878 acre tract of la�onveye orn Charles
G. Dunagan to Robert L. Moore on June 15, 2022 by General Warranty Deed recorded in Lamaf,Cot�n�y Clerk's Document
number 194574-2022. The said 4.166 acre tract fully described by metes and bounds as foll�s: 1/ jj
Beginning at a''/z inch capped [Chaney] iron rod found (Controlling Monument, herehftedr r erred to as CM) at the
Southeast corner of the aforementioned called 190.878 acre tract and in the North linelthe�Cha rra] Railroad right of
way as conveyed from The Atchison, Topeka and Santa Fe Railway on January 31 1,590 by�Wtclann Deed recorded in
Volume 138, Page I I 1 of the Real Property Records of Lamar County and as des; - ed in the led to the Gulf Colorado
and Santa Fe Railway Company from John Gibbons recorded on November 04, 18$6,yn volume, 53, Page 31 of the Deed
Records of Lamar County, Texas, said rod also being in the West right o 7 (80' right of way width
as per TxDOT maps);
Thence along the common boundary of the aforementioned callled, 190.878 *�re tract and the aforementioned
railroad the following calls: South 65°53'45" West 1,237.17 feet to a'/2 inch capped_[Wlii ey] iron rod set (hereafter referred
to as CIRS), North 24°04'32" West 25.00 feet to a CIRS, South 65°55'28" West�-, .83 feet to a CIRS, South 24004'32"
East 25.00 feet to a CIRS, South 65058108" West 469.36 feet to a CIRS, North 24002'04" West 25.00 feet to a CIRS, South
65057'30" West 1,659.89 feet to a CIRS, South 24°03'02" Eastt,2.5.00 feet to a CIRS, South 65057145" West 252.48 feet to
a CIRS, North 24'02'14" West 12.50 feet to a CIRS, South 65°7.'457 West )#90.73 feet to a CIRS in the East boundary of
a called 160.328 acre tract of land conveyed from James Moore to Robert M6bre on August 10, 2022 by Gift Deed recorded
in Lamar County Clerk's Document Number 196332-202;,.rom said redia % inch capped [Chaney] iron rod found (CM)
bears South 00°23'41" West 15.14 feet; \ ;
Thence North 00°23'41" East, along the comriion bound ry of the aforementioned called 190.878 acre tract and the
aforementioned called 160.328 acre tract, a distance of4 . , , f&etU a CIRS;
�7 �
Thence North 65156'52" East, a distaAgd-of3,932 03 -*t to a CIRS;
Thence North 73°38'03" East, a dist�4e of 185"§feet to a CIRS;
Thence North 65°53'45" East, a distaric,0&-1,039.42 feet to a CIRS;
Thence North 82101'13" l a , a di8w e of 50.00 feet to a CIRS in the East line of the aforementioned called
190.878 acre tract and the West rigiit'of way ofN4,h Road #137, from said rod a 3 inch wood post found (CM) bears North
33124'27" East a distance of 47879 feet=,,/
Thence South 33°24'2,7" West a`distance of 30.00 feet to the place of beginning and containing 4.166 acres of land.
NOTES
1. The Reference Bean for the tract of land described hereon is NAD 1983 Texas State Plane Coordinate System
Zone 4202 ,���
2. Atwo pa a 1"xl7'� i ed s rvey plat accompanies this metes and bounds description.
3. Rods des rbed as'/Z i h capped iron rods set have blue plastic caps stamped "KWHITLEY RPLS 5892".
1, KEVIN K. \L,BY, STERED PROFESSIONAL LAND SURVEY, #5892, STATE OF TEXAS, DO HEREBY
CERTIFY DESCRIPTION IS TAKEN FROM MEASUREMENTS MADE UPON THE GROUND
AND WAS COMPLIFT D ON DECEMBER 14, 2023.
PAGE THREE OF THREE
WID7,°
DATE
E N G I N E E 11 1 N 1,
Practical Infrastructure Solutions
4445 SE Loop 286 I Paris, TX 75460 I P903-785.0303 I TxSury F-10028600
EXHIBIT A