2006-063-RES-sewer contract City of Toca
RESOLUTION NO. 2006-063
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 ofthe 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.
PASSED AND APPROVED this 10th day of Apr' 1~6.
ATTEST:
APPROVED AS TO FORM:
{-p.
. Lestock, Assistant City Attorney
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 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 ofT oco and the City of Paris 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
of3/4 inch or less."
EXHIBIT !.
EXECUTED on the 10th day of April, 2006.
CITY OF P ARIS, 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 PI\ESENTS 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 [allows:
1. W. E. Thompson owns Or has control o[ a tract of
land, the title to which is presently in the name of O. G. Snowden,
located about three miles West o[ 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 a.dnnta~e flowing to each W. E.
Thompson 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 th.:tt certain tract or parcel of land situated about
'I miles West of Paris, Lann r COYl1ty, Texas, a part of
t he Mitchell Keller Survey, and being tholt po:-tion of a tract
of !.:tne! conveyed M. L. Smiley et al from Marg.1ret Hodges
et al September 22, 1~50, bj deed as evidenced in Dook 318,
page 181, Larm,r County Deed I\ecorels. The portion of
saiel tract as set forth above is the area lying North of U. S.
Highway 82.
DEGli'iNING at a corner post on the West siele of a
public rO.1el, at the original NEC of the Henry Orr tract,
S::Lme bein~ the SEC of a 67-1/2 acre tract formerly owned
bJ' I\obert 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 21<16 feet to the Old Donham
[( oad;
THEi':CE We.st with the old Donham I\oad 18 feet, a.
fence corner;
THENCE South 183 feet to the NOL of the present U. S.
Highway No. 82;
THENCE with the NBL of Solid Highway with L1e following
o 0 0
calls: N. 74 E. 656 feet; N. 7 W. 40 feet; N. H E. 481
.' ...........~
o 0 0
[eet; N. 36 E. H [eet; N. 73 E. 44 [cct; S. 39 E. 49
o 0
[cct; N. 74 E. 703 feet; N. 68-1/2 E. 785 [eet; to a con-
crete monument in the NBL o[ Highway No. 82;
o
THENCE N. 41 E. 167 feet a concrete monument in
the WDL o[ an access road;
THENCE with the WDL of said <lCcess rO<ld N. 10 E.
1223 feet to the place of beginning, containing 114.82 acres
o[ la nd.
2. The conditions and te rms of s.lid sewer se rvice are
as follows:
(a) W. E. Thompson, acting on bch:llf o[ TaCO Water
Supply Corporation, will cons truct, Own, maintain <lnd control all sewer
lines within the above described property.
(b) W. E. Thompson will pay all costs, including inves:i-
gation, survey, engineering, cascments, equipment, inspection and
supervision in construction of the sewer transmission facilities to the
City, in <lccordance with plans <lnd specifications approved by the Cit>"
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 ue initially constructed at Pine Creek adeqllJ.te to
handle sewage for 50 houses a 1'I::l as houses constrllcted on the above
described premises approJ.ch 50 in numoer, 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 ~ine Creek to
a point [or the beginning of a gravity flow line to <In existing sewer line
of the City; (4) a gravity flow line shall be constructed from the cnd
of the force line to connect with an existing sewer line serving Ka}'\vQod
Addition located on U. S. Highway 82 Wcst within the corporate limits
of the City of Paris and belonging to the City.
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, Clnd 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 and o?crating these
f.lcilities and treating the sew age from said subdivision $0.84 pe r
1,000 gallons of metered water sold to the subdivision by the Lam;n
County Water Supply Corporation or $150.00 per month, whichever is
greater. The minimum charge of $150. 00 per month shall entitle W. E.
Thom?son, his successors and assigns to sewer serviceon 178,571 gallons
of metercd water but whcn the metercd watcr exceeds this figure, the
charge will be in excess oC the minimum monthly bill to be computed at
the ratc of $0.84 pcr thousand gallons of metered water served.
S. Payment for the seVlcr service is due on or before te:i
days after billing date. The bill for sewer service to customers within
the above described premises shJ.ll bc n1.1de to \'I. E. Thompson, his
successors and ass:gns, at the r.1te schedulc sct out above by thc L.lmH
County Wate r Supply District, simultaneous with the water bill rendered
bJ' it to W. E. Thompson, his successors ane! assigns, and L.1mar County
Water Supply District will promptly remit all sewer collections to the
City. If W, E. Thompson, his successors and assigns, fail .to pay thc
sewer bill in the same manner as payment of the water bill is provided
for in paragraph 3(c) of Section 3 of that certain contract dated October
29, 1969 by and between Lam.lr County Wate r Supply District and TOCO
Wate r Supply and Sewer Service Corporation, as the same appears on
'l
,J
pages 10 and 11 of said contract, Lamar County Water Supply District
will discontinue water service to customers in the above described
property upon rcqucst 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 d~scribed pro-
perty, provided, however, only domestic and commercial sewage shall
be pelmitted to enter the sewer lines.
(b) The control of all sewer connections on the portion 0:
thc linc outside of the above dcscribed property shall be under the joi:H
control of W. E. Thompson, his succcssors and <.lssigns, and thc Cit,. of
Paris until July I, 1980. During this period of time all scwer conr:e"io:1s
on this portion of th~ line shall be mad~ only on joint approval of the City
and W. E. Thompson but the City shall receive all income on any con-
nections milde on this portion of the linc during this period.
(c) At the expiration of this period of time the City shall
thenceforth have [ull control of all connections on the portion of thc lin~
outside of the above described premises, provided, howcver, that at no
time shall the CitY' permit connections on the line that will impair \\'. E.
Thompson, his successors and assigns, [rom having sewage treatr.1er.~
for 1,500,000 g,:lllons of metered water per month from the premises
above dcscribed, that is to say, W. E. Thompson, his succqssors <lne!
assigns, arc guaranteed bl' 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 [acilitics at the li[t station at Pine
creek for customers permitted on the line after it h;:J.s sole control of
the line.
.4
(d) All connections on the sewer line outside of the
ll.bove 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 th~ connection is made llnd if the customer is also a
customer or becomes a customer of Lam;"r County Water Supply
District, the Lamll.r County Wllter Supply District llgrccs 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 customer in the S.lme manner as provided in
paragraph numbered 5.
7. The foregoing rate for sewer treatment and main-
tenance as set out in paragrllph 4 hereof, will be subject to review once
each year and adjustments made in comparison with established policies
and water-sewll.ge service in the City of Paris, except, however, it is
agreed ll.nd u~dcrstood that the monthly minimum charge of $150.00
5 hall at all times entitle W. E. Thompson, his successors and assigns,
to sewage treatment for;"t lellst 178,571 gllllons of metered water per
month on the above described premises.
8. It is ;"greed between the parties th:\t this contract is
conditioned 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 City will forthwith make application for a commitment
of the grant and 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
bullding the abo\'c 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 I, 1970.
/'
')
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 whe re ever feasible and if he is unablc 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 Deccmber, 1969.
CITY OF PARIS
ATTEST:
-----' / //1 .C::: By
?(/ C. /'\...c/!.( d (j
H. C. Grc,91'1-G, City Clerk
7({ )/:..'-"'r~
w. E. Thompson /
".."..~
"
The foregoing contract is appro'led and acceptcd by Lamar
County Watcr Supply District and it agrees to bill its customers for
sewer service and to promptly remit the collections for sc\'.:er service
to the City o[ PHis as provided [or above and discontinue water service
upon demand by the City in the event the customer does not pay the scwer
bill as provided for above, at a ch::trge of 50 ccnts pCI' month to the city
for cach collection from cach customer located outsidc of the above
describcd property.
LA~IAR COUNTY WATER SUPPLY
DIS TIU C T
By
j{' '
. . / .(
7/t 1 /2 A???'f /
President
'ctary
,
STATE OF TEXAS
COUNTY OF LAMAn
KKOW ALL MEt--: 13Y THESE PflESEt--:TS that we, W. E.
THO:VIPSON and LAMAn 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 1H. 82 acre tract of
land, being the same tract of land which the Lam:\r County W:\tcr
Supply Dis tr ic t con trac ted to fu rn ish wa te I' to in its con t rac t da teel
October 20, 1060 with Toco Water Supply and Sewer Service' Corpora-
tion, the W. E. Thompson contract with the City of Paris being dated
December D, 1%9.
')
~ .
Lamar County Water Supply District h;:\s accepted
the contract with the City of Paris and W. E.Thompson at the request
of W. E. Thompson acting indiviuually and as president of Toco Water
Supply and Sewer Service Corporation.
3. It is agreeable with W. E. Thor~:rson for L:\m:\r
County W:\tcr Supply District to comply with the terms of the contract
between himself and the City of Paris regarding sewer service.
WITr\ESS DUn HANDS, th is the lSth d:\y of December,
196 g.
-] re it
Y; .(~ ,.,// l(/v>- ,-'") {.~~
'W. E. Thompson, InCllvic~a .1' and as
President of Toco Water Supply and
Sewer Service Corporation
LAMA n COUNTY WI\ TE II SUPPLY
DISTR ICT . /
~'/ .
1/} '1 II?)
13.1' ~/ 7; Z../;;' '/';:J:rt./
/ IJresiclent
/