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2006-016-RES-TOCO RESOLUTION NO. 2006-016 A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING ADDENDUM NO. ONE TO THE SEWER SERVICE CONTRACT BETWEEN THE CITY OF PARIS AND THE CITY OF TOCO; 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 T oco; and, WHEREAS, it is deemed appropriate that the terms of the contract be revised to insure compliance with the City of Paris Sewer Use Ordinance and Pretreatment Program; and, WHEREAS, the form of Addendum No. One to the contact, attached hereto as Exhibit A, 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, 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 No. One to the Sewer Service Contract between the City of Paris and the City of T oco dated December 8, 1969, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, Addendum No. One to said contract, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 13th day fa February, 2006. ( \\~ . 'f ,'_.... I Curtis Fendley Ma ATTEST: APPROVED AS TO FORM: ;-fJ. rArP!Y '-I< Jo ' D. Lestock, Assistant City Attorney ADDENDUM NUMBER ONE To Sewer Service Contract Between the City 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 One to the Sewer Service Contract dated December 8,1969, between the City of Toco and the City of Paris, Paris, Texas, is made this 13th day of February, 2006, by and between the City of To co, hereinafter called "Toco", and the City of Paris, Paris, Texas, acting by and through its Mayor, Curtis Fendley, duly authorized, hereinafter called "City". WITNESSETH It is hereby mutually agreed by and between the City of To co and the City of Paris that the following paragraph be added as 6( e) to read as follows: "6. Control of the sewer facilities to be constructed by W. E. Thompson shall be as follows: * * * (e) The City of Toco designates the City of Paris authority to implement and enforce all conditions of the City of Paris Sewer Use Ordinance and Pretreatment program within the City of Toco collection system. City of Paris personnel, state or federal authorities, or their authorized representatives shal L at any and all reasonable times, be allowed ready access to all facilities, discharge points, and other appurtenances within the City of Toco collection system for the purpose of inspection, sampling or performance of any of their official duties to insure compliance with the City of Paris Sewer Use Ordinance and Pretreatment EXHIBIT A Program. In addition, the City of Paris may, as the agent of the City of Toco, take emergency action to stop or prevent any discharge which presents or may present an imminent danger to the health or welfare of the public, threaten the environment, or cause interference, pass through or sludge contamination of the City of Paris Publicly Owned Treatment Works. Such enforcement actions include, but are not limited to, fines, civil penalties or other remedies as allowed by courts of law." EXECUTED on the 13th day of February, 2006. CITY OF PARIS, PARIS, TEXAS, By: Curtis Fendley, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: John D. Lestock, Assistant City Attorney THE CITY OF TOCO Jason Laller, Mayor ATTEST: Kim Hanler, City Secretary STATE OF TEXAS ) ) COUNTYOFLAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared Curtis Fendley, Mayor ofthe City of Paris, 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 13th day of February, 2006. Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared Jason Laller, Mayor of the City of To co, 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 February, 2006. Notary Public, State of Texas STA TE OF TEXAS COUNTY OF LAMAR KNOW ALL MEN BY THESE PRESENTS that the City of Paris, acting by and through its Mayor, R. A. Kennedy, duly authorized, hereinafter called "City", and W. E. Thompson, do contract and agree with each other as follows: 1. W. E. Thompson owns or has control of a tract of land, the title to which is presently in the name of O. G. Snowden, located about three miles West of the city limits of Paris, on which land it is p.roposed that a housing subdivision be built and desires sewer ser- vice from the City and for the mutual advantage flowing to each W. E. Thompson and the City it is agreed that sewer service s.hall be provided, upon the terms and conditions hereinafter stated, on that certain tract or parcel of land described as follows: All that certain tract or parcel of land situated about 4 miles West of Paris, Larm r Co.unty, Texas, a part of the Mitchell Keller Survey, and being that portion of a tract of land conveyed M. L. Smiley et al from Margaret Hodges et al September 22, 1950, by deed as evidenced in Book 318, page 181, Lamar County Deed Records. The portion of said tract as set forth above is the area lying North of U. S. Highway 82. BEGINNING at a corner post on the West side of a public road, at the original NEC of the Henry Orr tract, same being the SEC of a 67-1/2 acre tract formerly owned by Robert Crumley; THENCE N. 850 W. 1708 feet with a fence; THENCE continuing with said fence S. 89-1/20 W. 987 feet a fence corner; THENCE South 00201 West 2146 feet to the Old Bonham Road; THENCE We,st with the old Bonham Road 18 feet, a fence corner; THENCE South 183 feet to the NBL of the present U. S. Highway No. 82; THENCE with the NBL of said Highway with the following calls: N. 740 E. 656 feet; N. 70 W. 40 feet; N. 740 E. 484 o 0 0 feet; N. 36 E. 34 feet; N. 73 E. 44 feet; S. 39 E. 49 feet; N. 740 E. 703 feet; N. 68-1/20 E. 785 feet; to a con- crete monument in the NBL of Highway No. 82; THENCE N. 410 E. 167 feet a concrete monument in the WBL of an access road; THENCE with the WBL of said access road N. 10 E. 1223 feet to the place of beginning, containing 114.82 acres of land. 2. The conditions and terms of said sewer service are as follows: (a) W. E. Thompson, acting on behalf of TOCO Water Supply Corporation, will construct, own, maintain and control all sewer lines within the above described property. (b) W. E. Thompson will pay all costs, including investi- gation, survey, engineering, easements, equipment, inspection and supervision in construction of the sewer transmission facilities to the City, in accordance with plans and specifications approved by the City, which sewer facilities shall consist of (1) a gravity line from the above described property limits to a lift station to be located in Pine Creek; (2) a lift station will be initially constructed at Pine Creek adequate to handle sewage for 50 houses a nd as houses constructed on the above described premises approach 50 in number, pump equipment will be in- creased at the lift station to handle the additional sewage requirements for customers located within the above described property, the cost of which shall be paid for by W. E. Thompson, his successors and assigns; (3) a sewage force line shall be built at the lift station at :Pine Creek to a point for the beginning of a gravity flow line to an existing sewer line of the City; (4) a gravity flow line shall be constructed from the end of the force line to connect with an existing sewer line serving Kaywood Addition located on U. S. Highway 82 West within the corporate limits of the City of Paris and belonging to the City. .Y' 3. Upon completion of construction of the sewer line and lift stations set out above the City will become owner and operator of said facilities, and be responsible for the maintenance, repairs and replacement thereof, except for the increased pumping capacity as specified in paragraph 2(b)(2) above. 4. W. E. Thompson, his successors and assigns will pay unto the City, for its controlling, maintaining arid operating these facilities and treating the sew age from said s.ubdivision $0.84 per 1,000 gallons of metered water sold to the subdivision by the Lamar County Water Supply Corporation or $150.00 per month, whichever is greater. The minimum charge of $150. 00 per month shall entille W. E. Thompson, his successors and assigns to sewer serviceon 178,571 gallons of metered water but when the metered water exceeds this figure, the charge will be in excess of the minimum monthly bill to be computed at the rate of $0.84 per thousand gallons of metered water served. 5. Payment for the sewer service is due on or before ten days after billing date. The bill for sewer service to customers within the above described premises shall be made to W. E. Thompson, his successors and assigns, at the rate schedule set out above by the Lamar County Water Supply District, simultaneous with the water bill rendered by it to W. E. Thompson, his successors and assigns, and Lamar County Water Supply District will promptly remit all sewer collections to the City. If W. E. Thompson, his successors and assigns, fail.to pay the sewer bill in the same manner as payment of the water bill is provided for in paragraph 3(e) of Section 3 of that certain contract dated October 29, 1969 by and between Lamar County Water Supply District and TOCO Water Supply and Sewer Service Corporation, as the same appears on :3 pages 10 and 11 of said contract, Lamar County Water Supply District will discontinue water service to customers in the above described property upon request by City. 6. Control of the sewer facilities to be constructed by W. E. Thompson shall be as follows: (a) W. E. Thompson, his successors and assigns, shall have control of all sewer connections within the above described pro- perty, provided, however, only domestic and commercial sewage shall be permitted to enter the sewer lines. (b) The control of all sewer connections on the portion of the line outside of the above described property shall be under the joint control of W. E.. Thompson, his successors and assigns, and the City of Paris un~'il July 1, 19&,0. During this period of time all sewer connections on this portion of the line shall be made only on joint approval of the City and W. E. Thompson but the City shall receive all income on any con- nections made on this portion of the line .during this period. (c) At the expirat ion of this period of time the City shall thenceforth have full control of all connections on the portion of the line outside of the above described premises, provided, powever, that at no time shall the City permit connections on the line that will impair W. E. Thompson, his successors and assigns, from having sewage treatment for 1,500,000 gallons of metered water per month from the premises above described, that is to say, W. E. Thompson, his succ~ssors and assigns, are guaranteed by the City sewer treatment on 1,500,000 gallons of metered water per month from the above described premises, and the City shall provide pumping facilities at the lift station at Pine creek for customers permitted on the line after it has sole control of the line. 4- (d) All connections on the sewer line outside of the above described premises shall be at a rate negotiated between the customers and the party or parties having control of the sewer line at the time the connection is made and if the customer is also a customer or becomes a customer of Lamar County Water Supply District, the Lamar County Water Supply District agrees to bill the customer for sewer service at the negotiated rate arid promptly remit collections to the City and discontinue service in the event the sewer bill is not paid by the customer in the same manner as provided in paragraph numbered 5. 7. The foregoing rate for sewer treatment and main- tenance as set out in paragraph 4 hereof, will be subject to review once each year and adjustments made in comparison with established policies and water-sewage service in the City of Paris, except, however, it is agreed and urderstood that the monthly minimum charge of $150.00 s hall at all times entitle W. E. Thompson, his successors and assigns, to sewage treatment for at least 178,571 gallons of metered water per month on the above described premises. 8. It is agreed between the parties that this contract is conditioned upon the City of Paris obtaining a grant for 30% of the con- struction cost under the provisions of Public Law 660. It is further agreed that the City will forthwith make application for a commitment of the grant and will use the commitment for the purpose of 9btaining a loan to the extent of the grant to be used in connection with the cost of building the above set out sewage facilities. However, W. E. Thomp- son, his successors and assigns, agree to reimburse the City all inter- est cost incurred by the City in connection with the loan obtained on said commitment up to July 1, 1970. / o 9. w. E. Thompson agrees to make every reasonable effort to obtain easements outside the limits of U. S. Highway 82 for the construction of the sewer facilities herein contemplated and to construct the same where ever feasible and if he is unable to reason- ably secure a right-of-way outside of U. S. Highway 82 for said facilities he shall have the approval of the City on each exception. WITNESS OUR HANDS this 8th day' of December, 1969. ATTEST: CITY OF PAR IS .71~ )t~-''>7r7 ../.~ W. E. Thompson / The foregoing contract is approved and accepted by Lamar County Water Supply District and it agrees to bill its customers for sewer service and to promptly remit the collections for sewer service to the City of Paris as provided for above and discontinue water service upon demand by the City in the event the customer does not pay the sewer bill as provided for above. at a charge of 50 cents per month to the city for each collection from each customer located outside of the above described property. ~ LAMAR COUNTY WATER SUPPLY DISTRICT By 7Ji 111i;"7fL President STATE OF TEXAS COUNTY OF LAMAR KNOW ALL MEN BY THESE PRESENTS that we, W. E. THOMPSON and LAMAR COUNTY WATER SUPPLY DISTRICT, do agree with each other as follows: 1. W. E. Thompson has agreed and contracted with the City of Paris relative to sewer service to a 114.82 acre tract of land, being the same tract of land which the Lamar County Water Supply District contracted to furnish water to in its contract dated October 29, 1969 with Toea Water Supply and Sewer Service Corpora- tion, the W. E. Thompson contract with the City of Paris being dated December 9, 1969. 2. Lamar County Water Supply District has accepted the contract with the City of Paris and W. E.' Thompson at the request of W. E. Thompson acting individually and as president of Toco Water Supply and Sewer Service Corporation. 3. It is agreeable with W. E. Thompson for Lamar County Water Supply District to comply with the terms of the contract between himself and the City of Paris regarding sewer service. WITNESS OUR HANDS, this the 19th day of December, 1969. -/~ c 71 r / ,be; 7[,(, LAMAR COUNTY WATER SUPPLY DISTRICT /. By )Jj;;' db /l_d~ / President 1