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07-B Lease with Barrow for land application of sludge DRAFT F:A TTORNEY\RESWORK\CURRENT\ Barrow Sludge Field Lease Res 2006 June 2, 2006 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A RENEWAL LEASE AGREEMENT WITH LOYD BARROW AND SYBIL BARROW CONSISTING OF APPROXIMATELY 170 ACRES WHICH MAY BE EXPANDED NOT TO EXCEED A TOTAL OF 430 ACRES LOCATED APPROXIMATELY 7 MILES NORTHEAST OF THE CITY OF PARIS TO BE USED FOR LAND APPLICATION OF SEWAGE SLUDGE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council did in Resolution No. 86-073, on July 28, 1986, authorize the execution of a lease contract for approximately 170 acres which may be expanded not to exceed a total of 4 30 acres located approximately 7 miles northeast of the City of Paris to be used for land application of sewage sludge, with Loyd Barrow and wife, Sybil Barrow for a term of 10 years; and, , WHEREAS, the City Council did in Resolution 96-080, on July 15, 1996, authorize the execution of a Renewal Lease Agreement with Loyd Barrow and wife, Sybil Barrow for another term of 10 years; and, WHEREAS, the term of said Renewal Lease Agreement expires on July 31,2006, and the Barrows have offered the City of Paris the renewal of this agreement for an additional one (1) year term with options at the expiration of the initial term; and, WHEREAS, it is deemed to be in the best interest of the citizens of Paris to accept the offer to renew this lease for a term of one (1) year with renewal options and a Renewal Lease Agreement has been negotiated with Loyd Barrow and Wife, Sybil Barrow, upon the terms and conditions and in the form of Exhibit A attached hereto; and, WHEREAS, the form of such Renewal Lease Agreement should be approved and the Mayor of the City of Paris should be authorized to sign 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 to this resolution are hereby in all things approved. Section 2. That the Renewal Lease Agreement with Loyd Barrow and Wife, Sybil Barrow, for approximately 170 acres with the privilege to expand such lease to approximately 430 acres for sludge application for the Wastewater Treatment Plant, is hereby approved. r'. Section 3. That the Mayor of the City of Paris be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Renewal Lease Agreement with Loyd Barrow and Wife, Sybil Barrow, for a sludge application site, upon 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 its date of passage. PASSED AND ADOPTED this 12th day of June, 2006. Richard Manning, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: John D. Lestock, Assistant City Attorney r'" STATE OF TEXAS COUNTY OF LAMAR RENEWAL LEASE AGREEMENT ~ ~ This Renewal Lease Agreement entered into this 1 st day of July 2006, by and between the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor, Richard Manning, duly authorized, by Resolution in the form set forth on the certificate attached as Exhibit A, hereinafter referred to as the CITY and Loyd Barrow and wife, Sybil Barrow of Paris, Lamar County, Texas, hereinafter referred to as BARROW, WITNESSETH: WHEREAS, The CITY produces, as a result of operation of its Wastewater Treatment Plant, located approximately 7 miles North 8 degrees East from the City of Paris, sludge which must be handled in accordance with the laws of the State of Texas and CITY's Texas Commission on Environmental Quality (TCEQ) Wastewater Treatment Plant Permit; and, WHEREAS, the CITY has chosen land application as the method for disposing of said sludge, which application can best be made upon property described in Exhibit B attached hereto belonging to BARROW; and, WHEREAS, the CITY and BARROW desire to enter into a Renewal Lease Agreement defining their respective rights and obligations with regard to the lease of 170 acres by BARROW to CITY for land application of sewage sludge. NOW, THEREFORE, in consideration of the premises, the mutual promises contained herein and other valuable consideration, the CITY and BARROW agree as follows: 1. DEFINITIONS. Sec. 1.1 - CITY. The municipal corporation and body politic incorporated under the laws of the State of Texas under the name of "City of Paris" or its official agents or legal representatives. -1- EXHIBIT A- r" Sec. 1.2 - BARROW. Loyd Barrow and wife, Sybil Barrow Sec. 1.3 - Property Owner. Loyd Barrow and wife, Sybil Barrow, or their heirs or assigns, who are the owners in fee simple of approximately 530 acres of land in the Pyeatt Survey situated approximately 11,000 feet Northeast of the City of Paris' Wastewater Treatment Plant property, and described below as Property. Sec. 1.4 - Property. Approximately 530 acres of land located in the Pyeatt Survey lying adjacent to the East boundary line of a County Road, more particularly described in Exhibit B attached hereto. Sec. 1.5 - Application Site. A portion of Property owned by BARROW upon which stabilized sewage Sludge is to be applied, said portion ofland being approximately 170 acres in area and being more particularly described in Exhibit C attached hereto; said Application Site may be expanded in accordance with the terms of this renewal agreement not to exceed a total of 430 acres of cleared land, in which case Application Site shall mean the application area as expanded. BARROW requests and CITY agrees to expand the application site by approximately 100 acres as depicted on Exhibit "G", attached hereto. Sec. 1.6 - Sludge. Stabilized sewage Sludge from CITY wastewater treatment processing. Sec. 1.7 - Eftluent. Treated wastewater from wastewater treatment plant, approximately 7 miles North, 8 Degrees East of the CITY. 2. CONSIDERATION. Sec. 2.1 - CITY agrees to deliver and BARROW agrees to accept the CITY'S Sludge and reap the benefits there from and is permitted to use CITY'S transmission equipment on a non-interfering basis, for the purpose of transmission of CITY'S Eftluent to be used for irrigation purposes on the Application Site and the property reserved for expansion of the Application Site, and as further -2- ,...- consideration therefore, CITY will lime Application Site as necessary to maintain PH at or above 6.5; and CITY did lease for a primary term of 1 year for grass and hay lease only, on property known as Water Treatment Land Application Site described on Exhibit D attached hereto. Sec. 2.2 - Sufficiency of Consideration. BARROW acknowledges the sufficiency of the consideration herein described. 3. TERMS. Sec. 3.1 - Acceptance of Sludge. Property Owner will accept Sludge delivered to Application Site by CITY. CITY shall transport Sludge to application site. CITY will apply sludge in accordance with CITY'S TCEQ Permit and the Sludge Application Plan, attached hereto as Exhibit F, as directed by BARROW, and CITY maintain records demonstrating that the sludge application was in accordance with CITY'S TCEQ Wastewater Treatment Plant permit; CITY shall be responsible for all necessary permits for Sludge application and Effluent irrigation and in the event necessary permits are not issued after CITY has made diligent effort then this renewal agreement may be partially or completely canceled by agreement of the parties; and shall maintain its equipment in proper working order except that Property Owner shall be responsible for cost of repairing damage to equipment which results from negligence on the part of Property Owner or his representatives. CITY shall have access to Application Site for the purpose of delivering, inspecting application of Sludge, inspecting the application site, maintaining equipment and shall be permitted to erect a small maintenance storage building if desired. CITY shall close gates when entering or leaving the Application Site. Sec. 3.2 - Farming of Application Site. Property Owner will develop Application Site in Coastal Bermuda grass for permanent pasture to be over-seeded each Fall with winter forage crops, or develop a substitute vegetation plan after it has been approved by CITY, and owner will harvest the -3- same at least monthly or in accordance with accepted farming practices. Any vegetation plan followed or proposed must provide adequate nutrient uptake rates and be otherwise compatible with sludge disposal requirements. CITY and Property Owner will cooperate in developing suitable Sludge application schedules and procedures to accommodate the required rate of Sludge disposal and the farming operations. CITY agrees to deliver sludge produced, to which Property Owner has the exclusive right. Property Owner shall have all rights to crops or forage, except if Property Owner should discontinue farming the site to the detriment of the Sludge disposal operation CITY shall have the right to take over farming operations and then shall have all rights to crops or forage. Sec. 3.3 - Indemnification. CITY will defend any suit brought against Property Owner as a result of CITY'S application of Sludge on Application Site and will indemnify and hold harmless Property Owner for damages for which Property Owner becomes liable, as a result thereof. CITY will purchase Application Site from Property Owner should irreparable environmental damage result to said site as a result of Sludge application. The Application Site shall be appraised by Pat Murphy & Associates to establish the value per acre of the application site as soon as practicable after the discovery of such irreparable environmental damage occurs. CITY will pay for said appraisal which will be attached hereto as Exhibit E. Should only part of the Application Site be damaged the CITY may purchase either all of the site or just the damaged portion, at its option. In the event that Pat Murphy & Associates is not available to perform such appraisal, then the CITY shall select an appraiser and BARROW shall have the right to either agree to the selected appraiser or reject and require the CITY to condemn the property. If the appraiser is rejected, then CITY is required to go through the condemnation procedure to acquire the property. Sec. 3.4 - Ownership of Equipment. CITY shall retain ownership of all buildings, equipment and piping which CITY installs on Application Site and may remove the same at any time during the -4- primary, renewed or extended term of this renewal agreement without reducing CITY'S obligation to perform its obligations under this contract. Property Owner shall grant CITY easements 20 feet on each side of buried pipelines and under any CITY building erected and the same shall be depicted on an easement and recorded in the Deed Records of Lamar County, Texas, at such time as construction is completed and CITY agrees to quit claim all easements granted in this Paragraph at termination of the primary term if not extended, if extended, at the termination of the final extension. Sec. 3.5 - Irrigation with Treatment Plant Eftluent. During periods of nonuse by CITY, Property Owner may use Sludge transmission and application system to irrigate Application Site with Eftluent from CITY sewage treatment plant in accordance with TCEQ permit issued to the CITY by the State and provided doing so poses no threat or nuisance to public health. CITY has designed and built a pipe connection to its Sludge pump to facilitate Property Owner's use of plant Eftluent. Property Owner agrees to supply all labor and maintenance during periods of use for irrigation. If permitted by state and CITY has the right to deliver eftluent to others, through a separate means of conveyance, so long as BARROW'S rights are fully protected. Sec. 3.6 - Expansion of Application Site. Should future Sludge production or the observance of acceptable application rates require more application area, Property Owner agrees to permit CITY to expand site onto contiguous cleared parts of Property at the total development cost of CITY; such expansion not to increase Application Site to include more than 430 acres of cleared land. Nothing herein however shall require CITY to expand on Property. 4. TERM AND EXTENSION OF RENEWAL AGREEMENT. Sec. 4.1 - Term. The primary term of this renewal agreement shall be one (1) year, beginning on the 1st day of July 2006, and ending on the 30th day of June 2007. -~ r" Sec. 4.2 - Extension of Renewal Agreement. At the end of the primary term of this renewal agreement Property Owner agrees to either, offer to sell Application Site to CITY at the per acre value as determined by the procedure outlined in Section 3.3, Indemnification or offer to renew this renewal agreement for an additional one (1) year term, or both. CITY will either pay appraisal value as established under Section 3.3, or condemn if Barrow refuses to accept appraisal method, or vacate site. Property Owner shall provide notice of his intention to sell to the CITY at appraised value at least one hundred eighty (180) days prior to the expiration of the primary term of this renewal agreement. CITY shall have ninety (90) days after receiving such notice to accept or reject said offer. If CITY rejects Property Owner's offer this renewal agreement shall be automatically extended by two (2) years to provide CITY time to develop alternate Sludge disposal arrangements. During this automatic two (2) year extension both CITY and Property Owner are bound to full performance of this renewal agreement. 4.3 - Notice. Any written notice required or permitted under the terms of this Renewal Agreement shall be given and be deemed to have been duly served if either (1) delivered in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the united States mail, addressed to the designated representative of the respective parties which are designated as follows: BARROW: CITY: Mr. & Mrs. Loyd Barrow P. O. Box 551 Paris, TX 75461 City Clerk City of Paris P. O. Box 9037 Paris, TX 75461 -0- r- EXECUTED on the dates shown in acknowledgments below. CITY OF PARIS, PARIS TEXAS By: Richard Manning, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: John D. Lestock, Assistant City Attorney Loyd Barrow Sybil Barrow STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Richard Manning, Mayor of the City of Paris, 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 12th day of June 2006. Notary Public, State of Texas -7- r<- STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Loyd Barrow and Wife, Sybil Barrow known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of June 2006. Notary Public, State of Texas -8- r" 1 EXHIBIT ~ N , 1 3~co~nt~Road~ 29 ' I I 31 30 ,- 23 24 I 22 21 2' 3 ,19 5 4 20 I' '.Jnty Road 17 ' , 18 I 8 9 6 7 10 1 1 15 16 12 13 14 f1.\.!11 8urlnq DistinCt Wn1 ill!:.!.!!.2 Dhhnct 1 S 00 27' II 1,845.0 ft. 17 S 89') 48' [ 486.2 ft. 2 H 900 [ 415.5 ft. 18 N 0" [ 462.0 ft. 3 S 00 [ 360.0 ft. 19 N 90" [ 660.0 ft. 4 N 90" II 393.0 ft. 20 N 0" [ 1,294.0 ft. 5 S 00 [ 1,540.0 ft. 21 N 900: II 292.0 ft. , 6 N 901) [ 287.0 ft. Z2 N 0" [ 270.0 ft. N 01) [ 23 N 90': II. ' , 7 115.5 ft. 1,456.0 ft. e N 880 30' [ 295.0 ft. 24 H 76"' II 134.0 ft. ,,.. 2S N 620 \I .1 9 S 0(. [ 115.5 ft. 134.0 ft. 10 N 90' [ 144.0 ft. 26 N 400 II ]65.0 ft. 11 S.O" [ 824.0 ft. 27 II 620 II 136.0 ft. " I 12 N 88'= 30' [ 1,467.5 ft. 28 II 760 II ' 136.0 ft. 13 " N 89' [ 1,341.0 ft. 29 S 890 30' II 1,250.0 ft. 14 II 0:: 7' II 655.0 ft. 30 II 890 \I 1,446.0 ft.' N 88 : 46' [ 1,578.3 ft. 31 N 00 [ ! 15 28.0 ft. 16 N 00 17' [ 1,438.6 ft. 32 N 900 II 1.200.0 ft. B-1 r- Sltuated about 8.5 mIles North 20 Degrees East of the City of Paris, County of Lamar, and State of Texas, a part of the HIram WIlbanks Survey H1007, John CornelIson Survey H1BO, and Edward Stephens Survey HB33. BEGINNING at a 30" oak tree for a corner at the Northwest corner of said WIlbanks Survey H1007, said point also beIng the Northwest corner of a 265.13 acre tract of land conveyed to Martha Crawford Crane by deed recorded In Vol. 201, Page 525, of the Deed Records of said County and State. THENCE South 0 Degrees 27 Mlnutos West a dIstance of 1,845 feet to an Iron pin for a corner; THENCE East a distance of 415.5 feet to an Iron pIn for a corner; THENCE South a dIstance of 360 feet to an Iron pin for a corner; THENCE West a distance of 393 feet to an Iron pin for a corner; THENCE South along the East boundary lIne of a County road a dIstance of 1,540 feet to an Iron pin for a corner; THENCE East a distance of 2B7 feet: TIIENCE North a dIstance of 115.5 feet to an Iron pin for a corner; THENCE North 8B Degrees 30 mInutes East a dIstance of 295 feet to an Iron pin for a corner; THENCE South 115.5 feet; THENCE East a distance of 144 feet to an Iron pIn for a corner; THENCE South a distance o'f 024 feet to an Iron pin for a corner; THENCE North OB Degrees 30 minutes East a distance of 1,467.5 feet; North 89 Degrees East a dlstance'of 1,341 feet to an iron pIn for a corner; THENCE North 0 Degrees 7 minutes West a distance of 655 feet to a tree for a corner: THENCE North 00 Degrees 46 minutes East a distance of 1,570.3 feet to an Iron pin for a corner; THENCE North 0 Degrees 17 minutes East a distance of 1,430.6 feet to an Iron pIn for a corner: THENCE South 09 Degrees 48 mInutes East a dIstance of 486.2 feet to an Iron pIn for a corner: THENCE North a dIstance of 462 feet to an Iron pIn for a corner; THENCE East a dIstance of 660 feet to an Iron pIn for a corner In the West boundary lIne of a county road; THENCE North a dIstance of 1,294 feet to an Iron pIn for a corner: THENCE West a distance of 292 feet to an Iron pin for a corner; THENCE North a dIstance of 270 feot to an Iron pin for a corner; THENCE along the South boundary line of a county road as follows: West 1,456 feet; North 76 Degrees West 134 feet; North 62 Degrees West 134 feet; North 40 Degrees West 165 Feot; North 62 Degrees West 136 feet; North 76 Degrees West 136 feet; South 09 Degrees 30 minutes West 1,250 feet; North 09 Degrees West 1,446 feet; to an iron pin for a corner; THENCE North along the West boundary line of said county road a dIstance of 20 feet to an Iron pin for,a corner; THENCE West a distance of 1,200 feet to the place of beginning and containIng 523.7 acres of land more or less, plus 3.6 acres that lie in said county roads,. makIng a total of 527.4 acres of land. B-2 r'---'" ? unty Road ~ County Road 3f E ~ 31 I 30 I I I I I I I I I - -J '. n 1 Applica lion Area 3 4 6 12 C r-- Point 1 2 3 4 5 6 7 n 9 10 11 ^ n c o E 31 32 \ \ \ \ \ \ \ \ .1' 8 13 'Oearlnq S 00 27' H /I 900 E S 00 [ tI 900 II S 00 [ , N 900 E II 00 E /I 800 30' [ S 00 E II 900 E S 00 E /I 080 30' [ /I 160 3D' II SOlo 30' [ II 00 E /I 890 II II 00 E II 900 II C-l 15 29 ''- 24 14 Dhtance 1,045.0 ft. 415.5 'ft. 360.0 ft. 393.0 ft. 1~40.0 ft. 287.0 ft. 115.5 ft. 295.0 ft. 115.5 ft. 144.0 ft. 130.0 ft. 1275.0 ft. 1930.0 ft. 830.0 ft. 2020.0 ft. 1070.0 ft. 28.0 ft. ]200.0 ft. EXHIBIT ~ N ,1 9 16 r"" EXHIBIT - C Located on aforementioned tract of land as described in Exhibit A, beginning at the Northwest comer of said tract, a 30 inch Oak tree. THENCE South 0 Degrees 27 minutes West a distance of 1845 feet to an iron pin for a comer; THENCE East a distance of 415.5 feet to an iron pin for a comer; THENCE South a distance of 360 feet to an iron pin for a comer; THENCE West a distance of 393 feet to an iron pin for a comer; THENCE South along the East Boundary of a County road a distance of 1540 feet to an iron pin for a comer; THENCE East a distance of287 feet for a comer; THENCE North a distance of 115.5 feet to an iron pin for a comer; THENCE North 88 Degrees 30 minutes East a distance of 295 feet to an iron pin for a comer; THENCE South 115.5 feet for a comer; THENCE East a distance of 144 feet to an iron pin for a comer; THENCE South a distance of 130 feet for a comer; THENCE North 88 Degrees 30 minutes East a distance of 1275 feet for a comer; THENCE North 16 Degrees 30 minutes West a distance of 1930 feet for a comer; THENCE South 81 Degrees 30 Minutes East a distance of 830 feet for a comer; THENCE North a distance of 2028 feet to a point in the South boundary line of a County road for a comer; THENCE North 89 Degrees West a distance of 1070 feet to an iron pin for a comer; THENCE North along the West boundary line of said County road a distance of 28 feet to an iron pin for a comer; THENCE West a distance of 1200 feet to the point of beginning and containing 171.0 acres more or less. C-2 r- :: :...1 . 0 :~. .~_ 'i -' II. .II 1'.- C. ..IHCY . ".'~ .. - - - .. "., ~ .to ~ .. ".'., -,... '. "'1 .. I",.. .oIl" II " t WIi J,CK50" ... ..... I . 1 ~ . .1-' to -"I . ,. ...," '.'. III ,...,.. ", "" ._...._~ '. EASEMENT VICINITY HAP LAKE GIl3BONS .- . I . ..I< lO'LKlld-' ...J' .,.,.. ill..... ,. . . 4'" .. I.t.. .l.l[ IJ, .., ..~ . : ,. ...,. '.. ~ ,"i . ~ "'.1"'-' .., .II tI L ..o~ J.'N I , , ,_ I. 111I 4'-I.:!.' . ~~] ,:~~'~~! "H .. II W. C. \.l.l.Rllll ...~;, . , ,.,. ... :.,~.,~ ..- EASEMENT 1RACT LOCATION .....'"\' 'I II ,; .... o., ..~ .. L,~.; ~, ~ " . 41 .., ., 0' '" I. "_. J H , 'SKI"~ J' I ,.,. , I I.,,.., I I '0 A'~ ..' /.. w ..I.H....: . _'I....... ..... '.... II' fI 't , . ... 't' ..... . . '" II J, U" ,'/~1 H14, ')1, 1.1.,..., . .' 'UI.II :J,I.....D1lLINCI1A.W .. _ k $""'''' ,;, ......... . IJ ,'J ., ~ ,.... ,...-.r-o'" ~,,':::-_ tI ,,"""It"l'" . <I ~......~ r . r'J ",r "'" .),;, .I'" J , """"," I. II ~~T ". t I. ," J .I, J"O C "'5.1I'~ " . _t J" I A.,.,. ", .- /I ".'J.II~[1I1.:7)D, , . j,t . r -, 'f"" II.. f '" ... -. It 'I' . - ,p ", J~ ", -~ ,. (i It..,.. ,. I''', _.. . . II I "'J . 1 . .. r-J p~. ......JOHN w. s...r . t::;""'-l, " .~ I i L-.!.~ " " I 1" II -'--1 . JI~" t fI#" , . ..-, BCNJ. AO.l....S "I II' I .." . ~~ J' .., , , .. " , I ''''''5-' ""#" -.. . - -..,. C,l,RC'l' R.l.G'H .:.: ~I .. "t I, :', - T: OJ ..., .... ( ,. .. Po " '\ ~cI 'to "-;.wl'P J I II.....".,.""., C-3 r'O EXHIBIT - D Tract 1: Being a part of the Thomas Askins Survey, Abstract No.6, situated about 3 miles northerly from the City of Pairs, Lamar County, Texas, Beginning at an iron pin set for corner in the North boundary line of a County Road, at the Southwest corner of a part of a 336.0-acre tract of land described in a Deed from Owen Ingram and wife, to Howard S. Smith, dated March 16, 1961, recorded in Volume 374, Page 276, Lamar County Deed Records; Thence South 89.29'25" East, 714.8 feet along the North boundary line of said County Road to a point in the centerline ofa Branch of Pine Creek, from whence an iron pin bears North 89' 29'25" West 35.0 feet; Thence along the centerline of said branch on the following calls: North 29'55' East, 96.3 feet; North 08'45' East, 123.7 feet; North 54'30' East, 107.0 feet; North 27"01' East, 189.8 feet; North 36'32' East, 397.6 feet; North 41 '31' East, 294.6 feet; North 76'01' East; 126.1 feet and North 57"51' East, 628.7 feet to a point; Thence North 13' 12'10" East, at 30.0 feet passing an iron pin set and continuing in all a total distance of 1151.9 feet to an iron pin set for corner; Thence along a line parallel to and 10.0 feet Northerly from the Northern toe of a levee on the following calls: North 86'06'30" West, 358.0 feet; South 67"36'10" West, 1263.8 feet; South 67'13' West, 461.0 feet; South 65'56' West, 233.2 feet and South 53'51' West, 176.0 feet to an iron pin set for corner; Thence South 00'02'20" East, 1635.3 feet along the West boundary line of said Smith tract to the place of beginning containing 76.46 acres ofland. Tract II: Being a part of the Thomas Askins Survey, Abstract No.6, situated about 3 miles northerly from the City of Pairs, Lamar County, Texas, Beginning at the point of intersection of the centerline of Pine Creek with the West boundary line of the S. L. & S. F. Railroad right-of-way; said pint being the Northeast corner of said Howard S. Smith tract; Thence along the centerline of Pine Creek on the following calls: South 79'47' West, 173.6 feet; North 73'44' West, 478.1 feet; South 33'39' West, 87.1 feet; South 13'34' West, 176.2 feet; South 62'34' West, 183.8 feet; North 69'27' West, 133.3 feet; South 79'27' West, 121.4 feet; South 39'07' West, 254.1 feet; South 57"25' West, 274.5 feet; North 77'13' West, 156.6 feet; South 85'44' West, 135.8 feet; South 48'13' West, 345.6 feet; South 72'26' West, 229.4 feet; North 36'31' West, 315.2 feet; North 79'00' West, 173.9 feet; South 68'31' West, 254.1 feet; South 19'27' West, 254.8 feet; South 32'27' West, 313.6 feet; North 84'54' West, 189.7 feet; South 05'02' West 148.8 feet; South 58'334' West, 130.3 feet; South 09'19' East, 162.1 feet; South 57"30' West, 197.6 feet; North 77'51' West, 267.7 feet; South 65'50' West, 63.9 feet; South 22'24' West, 265.5 feet, South 10'45' East, 67.6 feet; South 25'39' West, 108.2 feet; South 54'40' West, 214.4 feet and North 89'32' West, 182.7 feet to the Northwest corner of said Howard S. Smith tract; Thence South 00'14' West, 499.1 feet along the East boundary line of called 63.8 acre tract described in a Deed to the City of Paris, recorded in Volume 191, Page 509, to an iron pin set for corner; Thence along a line parallel to and 10.0 feet Northerly from the Northern toe of slope of a levee on the following calls: North 53'51' East, 176.0 feet; North 65'56' East, 233.2 feet; North 67'13' East, 461.0 feet; North 67'36' 10" East, 1263.8 feet and South 86'06'30" East, 358.0 feet to an iron pin set for the corner; Thence South 13' 12' 1 0" West, 1151.9 feet to a point in the centerline of a drainage ditch; Thence north 58'50' East, 2233.3 feet along the centerline of said drainage ditch to a point in the West boundary line of said S. L. & S. F. Railroad right-of-way; Thence along the West boundary line of said railroad right-of-way on the following calls: along a curve to the right having a radius of 5071.4 feet and a central angle of 05'26', a distance of 480.9 feet; North 14'20' East, 396.0 feet; South 75'40' East, 25.0 feet and North 14'20' East, 911.3 feet to the place of beginning containing 128.58 acres ofland. SLUDGE OPERATIONS (1) JVHEN TO SPRA Y SLUDGE THE DETERNIINATION OF \VHEN TO SPRAY IS:MADE BY CONSIDERATION OF THE FOLLO\VING CONDmONS OR SITUATIONS: A) TIIE TOTAL SOLIDS iN TIIE PLAL'lT B)WEATIIER CONDmONS 1) WIND DIRECTION 2) WIND VELOCITY 3) WEATIlER FORECAST C) FIELD CONDITION 1) CATTLE ON FIELD OR NOT 2) SOIL SATURATION 3) GRASS HEIGHT D) SOUR TEST NIUST BE PASSED E) PillvrP STATUS (2) TEST TO BE RUNDURlNG SPRAY 1) FECAL COLIF0R11S 2)rvfETALS - ONCE PER QUARTER 3) T.C.L.P.'s - ONCE PER YEAR 4) SOIL & SOILI SLUDGE ONCE \ YEAR (3) OTHER REQUIREMENTS 1) BOUNDARIES A) SEW AGE SLUDGE CANNOT BE APPLIED TO TIlE FIELD 200ft OR LESS FROM ANY WATERS OF THE STATE. n) PRN ATE WATER SUPPLY WELL 200ft C) PUBLIC \V A TER SUPPLY WELL OR lNTAKE 500ft D) SOLUTION CHANNELS,SINK HOLES,OR OTHER CONDUITS TO GROUNDWATER 200ft. E) OCCUPIED RESIDENCE 300ft F) EXISTING SCHOOLS, INSTITUTIONS OR RESIDENTIAL OR BUSlNESS DEVELOPMENT PROPERTY LlNES 1000ft G) PROPERTY BOUNDARY OR PUBLIC RIGill-OF-WAY 50ft H) ffiRIGATION CONVEYANCE DITCHES 10ft 2) ANNUAL REPORTS A) EP A-FEB. ANNUALLY B) TNRCC-AUG. ANNUALLY 3) :METAL LOADINGS - ON SITE. 4) TOTAL lbs. 5) AGRONOMIC RATE 6) TNRCC-312 REGS., EP A-503 REGS. 7) ALL OTI-IER APPLICABLE REQUIREMENTS. ..EXlIIBIT. .}'F':' F-l r- . SLUDGE PUMP OPERATION 1.) START PUMP CLEAR WATER - lRST 5 MINUTES(MINIMUM). 2.) FINISH - CLEAR WATER - LAST 5 MINUTES (MINIMUM). DAY: DATE: TANK SPRAYED FROM: DEPTH (FT./IN.) FROM TOP OF THICKENER TO LIQUID LEVEL AT START: DEPTH (FT./IN.) FROM TOP OF THICKENER TO LIQUID LEVEL AT END: START/STOP TIME EFFLUENT: / START TIME - SLUDGE: STOP TIME - SLUDGE: START/STOP TIME EFFLUENT: / (BASED ON TOTAL SLUDGE GPM: SPRAYED AND TIME) TOTAL SLUDGE SPRAYED: TOTAL EFFLUENT SPRAYED: MOTOR AMP CHECK: PUMP PRESSURE CHECK: (WP51\SLUDGE\SLUDGE-OP) F-2 r'. .~ ::: " ~ ~. 00 ~ ~ ~\iC' ...:.t:: ~ 5t. ~ .. ... .' .....: ;..A , '~ _ .~ 'YlZ,,'~' \ 1-' lJ i.. ,)' .:~: _, -.- '" ....... I. ~ ~ ~; '-I -........ /.' ~ \'" . . ..... 1.....(,.l\ .' ~ ..,. ~(\ '" ~ 'ay I . t:~ ~ ), ~ 1:!,~.-'l~_ ~"" .! ~. J' j ~ ',t, /' -, ,......V '. . .t)'.; ':,~~ ~t"),ll ~ i , '~~~';'.~~ '.~,c..:'.. .~) I ~ .' i l , ~ .::, t\ n III ~ __ ' . ."'" \, . . ~'" vr ~. ~ "!:R'" ~ ~I . ~ :A.. , ...... '.' " :; / 40l y~::" . I, .... . 1.1"0":"'> '. . t\. r.... '~J )(.:' .t. . ~ \.. './ , , / L.~':.~ ",:,,\~:.;, j.:f. \ " . ~ n '~~r' ) Yi'" ~i.\'~ '-"'~ 1.\ ()') " c.... . ) . . . \ry (' .' . \ : ',' j . . ~ f,/' ,', r ~ '"'- .,# ~:, .,.,. ~ ,'J ,I!' !f.. A '~.' t .....~::. I (" V. /.. . /i '{ J '\ \~ (I ' '~K-' ~ r:u.... I'. . J..~ .... I' .' ..\ · .:. .f,\ .~. .. - '-.\Ii · "It ;~ :\.,,. '\:1\ ~ ' t..::.' . 'v')" \ '\. u' (;~ .. , ':' .\\ \\\"\~\. .' il '.' ~ 'v . .'. ":j':\'j:'\.'\\' ~ ~ .., .... /. \' J 'j ~ ~ ) ,..\ :I} . ~~ '.: i"~~ . \ . 0( ,. . ,', \ "~.' ~ .,\. ~ ; , "~'" \~ 1..:, .' ,- . :'It !:;'jA . ' , ,:.~ . .. ~\ j) . \' I....... ~'. . . ' ~ ..-J I u,:~ .~. .'/ l J:~";' '" 1 .' "": _~ .~ f... . . .' ;.....: ", ~:" .V.... t'-f--' :!t~,~N ~ . '.:" .._; ~\~':"";,"," Q. 1\;"/ r,~ ."~ ~l. cf..... ,,", .'. .~ ~ .1 '\ \ ",. ~ i.\ i) ". .: '../, . ~. c'.. '. "\... I ,i ~ -\ "- 1~\,>'i1." '.1, ; 1'.'{~t" 'f~ , }YJr.".\..\ t\,~ ,-. . 'I. J I'" o '. ~ 1'\........' :,':'''.y, ~ ,. " . . .~ ' , .' : -:::/ ,.j " j. . ..... ~. -, .. rr-:, . ;::&- : "J) ~", '. ,<'..IY ~' . ....1 ~)\ \' \ __ ' ("', I . \' . 1- i~~~.~-~~> ~~\ ~,' ...., \." ... ~ ~?&..: ,.' . . , I \ ~ ~\'.71 t ;~. ~ ' ...., , l. \ ,"~ . '. 0:. 'r\.1 :::f: ,-' J7C:. '\. ..... . . l:~ . #.:-- . . .' l t.. " . , ~~"- \...J;' i:.':~A.~.' It ',. .:/ ,..'oJ ( 'K F- 3 ..' ,. /~ I . j ". . t .\! ~:t ~M ~ /" '- :.P' 0\ ~ ~" 4 - .. . - r" CITY OF PARIS UTILITIES DEPARTMENT WEATHER CONDITION - WIND DIRECTION DAY - DATE - SLUDGE AND EFFLUENT RECORD I. SLUDGE DISPOSAL A. TANK SPRAYED FROM - DEPTH OF THICKENER FROM TOP (BEFORE SPRAY) - SLUDGE PUMP START TIME - AREA SPRAYED - SLUDGE PUMP STOP TIME - THICKENER DEPTH FROM TOP (AFTER SPRAY) - B. TANK SPRAYED FROM - DEP~H OF THICKENER FROM TOP (BEFORE SPRAY) - SLUDGE PUMP START TIME - AREA SPRAYED - SLUDGE PUMP STOP TIME - THICKENER DEPTH FROM TOP (AFTER SPRAY) - C. TANK SPRAYED FROM - DEPTH OF THICKENER FROM TOP (BEFORE SPRAY) - SLUDGE PUMP START TIME - AREA SPRAYED - SLUDGE PUMP STOP TIME - THICKENER DEPTH FROM TOP (AFTER SPRAY) - D. TANK SpRAYED FROM - DEPTH OF THICKENER FROM TOP (BEFORE SPRAY) - SLUDGE PUMP START TIME - AREA SPRAYED - SLUDGE PUMP STOP TIME' - THICKENER DEPTH FROM TOP (AFTER SPRAY) - II. EFFLUENT AREA ( A. ) ( B. ) PUMP DISCH. PRESS. START TIME STOP TIME GALLONS SPRAYED ( C. ) JOHN.FRM F-4 r'- CITY OF PARIS UTILITIES DEPARTMENT SLUDGE DISPOSAL SYSTEM SPRAY FIELD CHECKLIST DATE: ITEM: 1. WIND DIRECTION: 2. WIND VELOCI'l'Y: 3 . WEATHER CONDITIONS: 4. WEATHER FORECAs'r: 5. GROUND CONDITION: 6. SPRAYHEAD(S) LOCA'l'ION: 7. LIVESTOCK S'l'A'fUS: 8. RUN-OFF: 9. POOLING OR PONDING: 10. SPRAYHEAD RELOCATION: 11. OPERATOR(S): COMMENTS: BEFORE: DURING: AFTER: CHECKED BY: WASTEWATER PLANT SUPERINRENDENT F-5 REVIEWED BY: DIRECTOR OF UTILITIES r.- f\TT I\CHME:n - B PO III'..... r. :; :" . 1)_... _ I .r/ , I. 5 :-"~ i, ~ C S ^lORTI-I BOUNDAI<Y.fa _INE SAMUEL NORTH I NG TON SURVE.Y 1--116 H V//",Y'2.71 F M 2G48 /' SOUTH 80 UtJD/,t~Y L/lv'E J c.. HAfv1E"R SU RVE A. 8. NORTH BOUNDAf?Y JO/-iN CORNE"llSON SURVEY ~~.~:~\r:~> "" -..,. ..~:" ,...... ~ . I I .. ~~~rY,' CC~~7;;OL n PeoPO-SE:D 'SLU !X:tE PI Pc L..I N E I CITY OF P~I2.I"5 4.0 MILE"S I j I i I mOO __ ....____._--1/.."} 5E CORNER OF SAMVEL vVDRTJ-I/NG TON .5 U.'~Vc=:. y o 2 '000' SCALE L o CAT/ON AND PROPERTY OWNERS AI/ A P EXHIBIT ...G: LAMAR COUNTY) TEXAS DE C EM BfR \<i8G r"