06-D Addendum No. 2 Toco Sewer Service Contract
DRAFT
F:A ITORNEY\RESWORK\CURRENTI T oco Sewer Service Contract Addendum No. Two Res
April 5, 2006
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING ADDENDUM NO. TWO 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, the City Council of the City of Paris did heretofore, on the 13th day of
February, 2006, in Resolution No. 2006-016 approve Addendum No. One to said Sewer Service
Contract, adding paragraph number 6 (e); 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. Two 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. Two 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. Two 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.
ADDENDUM NUMBER TWO
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 Two to the Sewer
Service Contract dated December 8, 1969, between the City of Toco and the City of Paris, Paris, Texas, is
made this 10th day of April, 2006, by and between the City of Toco, 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 Par is that the following
paragraph number 4 be amended to read as follows:
"4. W. E. Thompson, his successors and assigns will pay unto the City, for its
controlling, maintaining and operating these facilities and treating the sewage from said
subdivision $4.87 per 1,000 gallons of metered water sold to the subdivision by the Lamar
County Water Supply District or $870.00 per month, whichever is greater. The minimum
charge of$870.00 shall entitle W. E. Thompson, his successors and assigns to sewer service
on 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$4.87 per
1,000 gallons of metered water served. The rate per 1,000 gallons of metered water sold and
the minimum monthly charge will be changed annually to equal the rate for service in excess
of base cost, charged to City of Paris residential sewer service customers with a meter size
of 3/4 inch or less."
EXHIBIT .A.
EXECUTED on the 10th day of April, 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 Waller, Mayor
ATTEST:
Kim Hanley, City Secretary
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Curtis Fendley, Mayor
of the 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 10th day of April, 2006.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Jason Waller, 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 April, 2006.
Notary Public, State of Texas
STA TE OF TEXAS
COUNTY OF LAMAR
KNOW ALL ~[EN 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 thc cit~. limits of Paris, on which land
it is p,roposed that a housing subdivision be built and desires sewer scr-
vice from the Cit~. and for the mutual advantage flowing to cach W. E.
Thom?son and the City it is agreed that sewer service shall 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
,1 miles West oC Pitris, Lann r Coynty, Texas, a pan of
the Mitchclll(el1cr Survey, and being that po:tion oC a tract
oC land conveyed M. L. Smiley et al from Margaret Hodges
et al September 22, 1')50, bl deeel as evidenced in Book 318,
page 181, Lamar County Deed Records. The portion of
said tract as set forth above is the area lying NOl"th of U. S.
Highway 82.
DEGli':NING at a corner post on the West side of a
public road, at the original NEC of the Henry Orr tract,
same bein~ the SEC oC a 67-1/2 acre trJ.ct forme rly 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 00 20' West 2116 feet to the Olel Donham
Road;
THENCE We,st with the old Donham Road 18 feet, a
fence corner;
THENCE South 183 feet to the NDL of the present U. S.
Highway No. 82;
THENCE with the NBL of said Highway with L,e following
calls: N. 7<10 E. 656 feet; N. 70 W. 40 feet; N. 7-10 E. 484
o 0 0
N. 36 E. H [eet; N. 73 E. 44 [eet; S. 39 E. 49
o 0
N. 74 E. 703 [eet; N. 68-1/2 E. 785 [eet; to a con-
monument in the NBL o[ Highway No. 82;
THENCE N. 410 E. 167 feet a concrete monument in
the WDL of an access rO:l.d;
THENCE with the WDL of said aCCess road N. 10 E.
1223 fcet to the plaCe of beginning, containing 114.82 acres
of Ia nd.
feet;
feet;
c rete
2. Thc conditions and tc rms of s:l.id seWer se rvice are
as follows:
(a) W. E. Thompson, acting on beh:l.tf of TOCO Water
Supply Corporation, will cons truct, own, maintain and control all Sewer
lines within the above described propcrtr.
(b) W. E. Thompson will pay all costs, including investi-
gation, survey, enginecring. casements, equipmcnt, inspcction and
supervision in construction of the sewer transmission facilities to the
which sewer facilities sh:l.ll consist of (1) a gravity Iinc from the above
City, in accordance with plans and specifications approved by the City,
described property limits to a lift station to be located in Pine Creek;
(2) a lift station willuc initially constnlcted at Pine Creck adeqllatc to
handlc sewage [or 50 houses a no::! as houses constl"llcted on the above
descriued premiscs approach 50 in numuer, pUmp cquipment will be in-
creased at the lift station to handle the additional sewage requirements
for customers located within thc above dcscribed property, the cost of
which shall be paid for by W. E. Thompson, his successors and assigns;
(3) a sewage [orce line shall be built at the li[t station at ~ine 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 sewcr line serving I\apvood
Addition located on U. S. Highway 82 West within the corporate limits
of the City o[ Paris and belonging to the City.
3. Upon completion of cons truction of the sewer line
.1.nd lift st.1.tions set out above the City will become owner .1.nd oper.1.tor
of said facilities, and be responsible [or the maintenance, repairs and
replacement thereof, except [or the increased pumping capacity as
specified in paragraph 2(b)(2) above.
4. W. E. Thompson, his successors and assigns will
pay unto the Ci ty, [or its con trolling, maintaining and o?erating these
facilities and treating the sew age from saie! subdivision $0.84 pe r
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 oC $150. 00 per month shall entille W. E.
Thom?son, his successors and assigns to sewer serviceon 178,571 gallons
of metered W.:tter 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 oC $0.84 per thousand gallons of metered water served.
5. Payment for the seWer service is due on or beCore te;"\
days afte r billing date.
The bill for Sewer service to customers within
the .1.bOve described premises shall be made to W. E. Thompson, his
successors and ass:gns, at the rate schedule set out .1.bove by the LJ.mar
County Wate r Supply District, simultaneous with the W.:tter bill rendered
bJ. it to W. E. Thompson, his successors .1.nd assigns, and Lamar County
\'1.1.ter Supply District will promptly remit .1.11 sewer collections to the
City.
If W. E. Thompson, his SUCcessors .1.nd assigns, fail .to pay the
SeWer bill in the same manner as payment of the water bill is provided
for in parag r.1.ph 3(e) of Section 3 oC that certain contr.1.ct dated October
29, 1')69 by .1.nd between Lamar County W.1.ter Supply District and TOCO
\V.1.ter Supply .1.ncl Sewer Service Corporation, as the same appears On
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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 b:r
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 com.mercial sewage shall
bc peln\itted to entcr the sewcr lines.
(b) The control of all sewer connections on the portion 0:
the line outside of the above described property shall be under the joint
control of W. E. Thompson, his Successors and assigns, and the Cit,. of
Paris unFil July I, 1980.
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 reccive all income on any con-
nections made on this portion of the line 'curing this period.
(c) At thc expiration of this period of time the City shall
thenceforth havc full control of all connections on the portion of the line
outs ice of the abovc de5cribcc! premises, provided, howcver, that at r,o
timc sh;:tIl thc City permit conncctions on thc linc that will impair W. E.
Thompson, his successors and assigns, from having sewage trcatmcn:
for 1,500,000 gallons of mctered watcr pcr month from thc premiscs
above described, that is to say, W. E. Thompson, his succqssors and
assigns, are guaranteed b:; the City sewer treatment on 1,500.000
gallons of metered water per month from the above described premiscs,
and the City shall provide pumping facilities at the lift station at Pine
creek for customers permitted on the line aftel" it has sole control of
the linc.
.4
(d) All connections on the sewer line outside of the
above dcscribed premises shall be at a ratc nc!;otiated betwccn the
customers and the party or parties havin!; control of thc sewer line
at the time the connection is made and if the customer is also a
customer or becomes a customer of Lamar COLlnty Water Supply
District, the Lamar County Water Supply District agrees to bill the
customer for sewer service at the negotiated rate and promptly remit
collections to the Cit]' and discontinue service in the event the sewer
bill is not paid by the custome r in the same manner as prodded in
paragraph numbered 5.
7. The foregoing rate for sewer treatment and main-
tenance as set out in para!;raph 4, hereof, will be subject to review once
each year and adjustmcnts madc in comparison with established policies
and water-sewage service in the Cit,' of Paris, except, however, it is
agreed and understood that the monthlj' minimum charge of $150.00
shall at all times entitle W. E. Thompson, his SUCCCssors and assigns,
to sewagc treatment for at least 178,571 gallons of metered water per
month on the above describecl premises.
8. It is agreed between the parties that this contract is
conditioncd upon the City of Paris obtaining a grant for 30% of the cor.-
struction cost under the provisions of Public Law 660.
It is further
agreed that the Cit,. will forthwith make application for a commitment
of the grant ancl will use the commitment for the purpose of obtaining
a loan to the extent of the grant to be used in connection with the cost of
building the abo\'c set out scwagc facilities.
Howcver, 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
comm itm ent lip to Ju ly I, 1970.
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9. w. E. Thompson a!;rees 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 whc re ever feasible and if he is unable to rcason-
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
ATTEST:
--de? /~(f
H. C. Grepl-e, City Clerk
day'of December, 1969.
CITY OF PARIS
By
7/2;---:: )1'-. -') /J
'w. E. Thompson /
t:'-':~
--
The foregoing contract is approved and accepted by Lamar
County Water Suprly District and it agrees to bill its customcrs 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 ch::\rge of 50 cents pel' month to the city
fOl' each collection from each customer located outside of the abo."c
dcsc ribed prorcrty.
LA.1\IAR COUNTY WATER SUPPLY
mSTRICT
By
If/ '. I
7/1' 7 //(11; A?~?f/'
President
STATE 0[0' TEXAS
COUNTY OF LAl\lAn
K!\OW ALL MEN BY THESE pnESENTS that wc, \\'. E.
THO;VIPSON and LAMAn COUNTY WATEn SUPPLY DISTRICT, do
agree with each other as follows:
I, \\'. E, Thompson has agreed and contracted with
the City of Paris rebti\'e to sewer service to a 11';,82 acr'e tract of
land, being the same tract of land which the Lamar County Water
Supply District contracted to furnish water to in its contl'act datcd
October 29, 1969 with Toco 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 '.Vater Supply District has ,Iccepted
the contract with the City of Paris and W. E. Thompson at the request
of W. E, Thompson :tcting individually and as [ll'esident of Toco \'later
Supply and Sewer Service Corporation,
3, It i,; agr'eeaule with W. E, Thol~:pson for L:tmJ.r
County WJ.tcr Supply Distr'ict to comply with the tcnns of the contr'J.ct
between himself J.nd the City of PJ.ris regJ.rding sewer service.
WITi\ESS OUH IIANDS, th is the 1 Sth dJ.Y of December,
1969.
'-"] /r~ ];/
11 .C~ .-.// L.,'~ ,/) c-'~
'W. E. Thompson, lr,(Ilvic' a .1' and as
President of Toco \Vater Supply and
Sewer Scrvice Cor'poration
LAMAn COUNTY WATEn SUPPLY
DISTn ICT _ /
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By );:J/;7...a /I~ /:': ~7 /.~___
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