1350 RES PUBLIC HEALTH AND WELFARE OF COP AND PEOPLE OF COP REQUIRE COP ENTER INTO AGREEMENT AND COOEPRATE WITH W E THOMPSON1350
RESOLUTION NO. _
WHERFAS, the public health and welfare of the City of Paris,
eo le of the City of Paris require that
Paris, Texas, and the p p
cooperW e g ith W.E.
the City of Paris enter into agreement
Thompson, a.n order that the sewag 9
Thompson Subdivision, conosed ofdinesuch£atmannerythatPtheSSame
U. S. Highway 82, be disp
does not go into the water shna of Lake Crook, a source of the
City of Paris water supply; a,
WHEREAS, the City Council of the City of Paris deems it the
best method for controlling such sewage is for the same to be
transmittedtD the City of Paris, to be processed by said City of
Paris' sewerage disposal system; and,
WHEREAS, the terms and conditions of the financing, con-
struction, operation, maintenance and ownership of said sewer
transmission line from the W. E. Thompson Subdiv1Additioneto
present City of Paris sewer line, near the Kaywood
the City of Paris, are described and included in an agreement
attached hereto; NOW, THEREFORE,
BE IT RFSOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TExAS, That R. A. Kennedy, Mayor of said City, be, and
he is hereby authorized to execute on behalf of the City of
Paris, the contractual agreement with W. E. Thompson, providing
for the financing, construction, operation, maintenance and
ownership of a sewer line and service to W. E. Thompson Subdi-
vision on U. S. Highway 82, West of Paris.
Passed and adopted this 8th day of December, 1969. 4a
R, A. Kennedy, Mayo
ATTEST :
H. C. Green , ~it~ Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
*I1~M' r - W ~ 'i~ •r~t . r ~ F . tt
tt
STATE OF TEXAS I
COUNTY OF LAMAR j
KNOW AL,I.. MI;N E3Y 'I'HESE P}2ESENTS that the City af
Paris, acti►ig by ancl througti its Mayor, R. A. Ketinedy, duly authorized,
hereinafter called "Gity", and W. E. Thompson, do contract and agree
with each other as follows:
1, W. E. Thompsan owns or has control of a tract of
ldncl, t}ie tiLlc* to~ wtiicli is preHenlly in thr, nZrt'ie c>f C>. G. Snowdcr►,
locatied abotzt three miles West of the city licnits of Paris, on which land
it is proposed 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 shall be provided,
upon the tei•m5 ia.nd canditioils hereinafter stated, on that certain tract
or parcel of land describecl as follows:
All that certain tract or parcel of land situated about
4 miles West of Paris, Lama r County, Texas, a part of
the Ivlitchell 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 Gounty 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 forme rly owned
by Robert Crumley; •
THENCE N. 85° W. 1708 feet with a fence;
THENCE continuing with said fence S. 89-1/2° W. 987
feet a fe«ce corner;
THENCE South 00 20' West 2146 feet to the Old Bonham
Road;
TIIENCE West with the old I3onham Road 18 feet, a
fence co rne r;
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. 74° E. 656 feet; N. 7 ° W. 40 feet; N. 740 E. 484
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feet; N. 360 E. 34 feet; N. 730 E. 44 feet; S. 390 E. 49
feet; N. 740 E. 703 feet; N. 68-1 /2° E. 785 feet; to a con-
crete monttinent in the NBL of Highway No. 82;
1'EIFaNCF:, N. 410 E. 167 fect a concrote monument in
the W131. of ari accuoii road;
THENCE with the WBL of said acceea road N. 1* 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 follc.>ws:
(a) W. E. 'L'hornpao~~, al:tlllg on behalf of 'l"UCC7 W:iter
Supply Corporation, will construct, own, maintain and control all acwer
lines within the above described property.
(b) W. E. Thomps on will pay all costs, including investi-
gation, survey, engineering, easements, equipment, inepection 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 .
hancile sewage for 50 houses and as houees 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 requirementa
for customers located within the above described property, the cost of
which shall be paid for by W. E. Thompson, his successors and assigne;
(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
o£ 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.
3. Upon completion of construction of the sewer line
and lift stations set out above the City will become owner and operator
of said facili'ties, and be responsible for the maintenance, repairs and
replacement thereof, except for the increased pumping capacity ae
specified in paragraph L(b)(L) 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 s e w a g e from said subdivision $0. 84 per
1, 000 gallons of inetered water sold to the subdivision by the Lamar
County Wcite r Supply Corporrtition or $ 150. 00 pcr month, whichever is
greater. 1'hc itiiniruuiri charge of $150. 00 per tnotitli ehall entitle W. E.
Thompson, his successors and assigns to sewer serviceon 178, 571 gallone
of inetered 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 inetered water served.
5. F'ayment 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 Laii-iar County Water Supply District and TOCO
Water Supply and Sewer Service Corporation, as the same appears on
,
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pageb 10 and 11 0l said cunCracti, Lamar Coutity Water SupF:>ly Dietrict
will discontinue water service to cuatomers in the above described
property upon request by City.
6. Control of the sewer facilities to be constructed by
W. E. Thompson shall bu as follows:
"1'hociiptiun, tiiA yucce+erurN anel atiWihnH, ehall
have control of all sewer connections withiri 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 ahall be under the joint
control of W. E. Thompson, his successors and asaigns, and the City of
Paris until July 1, 1980• During this period of time all sewer connectione
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 thc expiration of thie period af time the City ehall .
thenceforth have full control of all connections on the portion of the line
outside of the above described premises, provided, however, 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 inetered water per month from the premises
above described, that is to say, W. E. Thompson, his successors and
assigns, are guaranteed by the City sewer treatment on 1, 500, 000
gallons
of inetered water per month from the
above
described premisea,
and the
City shall provide purnping facilities
at the
lift station at Pine
creek for customers pertnitted on the line after it has sole cantrol of
the line.
I e
(d) All connections on the sewer line outside of the
above dc=scribed prernises ahall be at a rate negotiated betwcen the
customers and the party or parties having control of Lhe 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 Dietrict agrees to bill the
custamer for aewer service at the negotiated rate and promptly remit
collectioiis to the City and discontinue service in the evenL the sewer
bill is not paid by the customer in the same manner as provided in
paragraph numbered 5.
The foregoing rate for sewer treatment and main-
tenanc.e as set oiit iri paragr<iph 4 hereof, will bc subject to review once
each year acid adjustrnents made in comparison with establiehed policiea
and water-sewage service in the City of Paris, except, howevex, it is
agreed and understood that the monthly minimum charge of $150. 00
shall at all times entitle W. E. Thompson, his successors and assigns,
to sewage treaCment lor at least 178, 571 gallons of inetered 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 307o 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 aiid will iiae thc commitment for the purpose of obtaining
a loan tothe 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 eaid
commitment uP to July 1, 1970.
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9, W. E. Thompson agrees to make every reasonable
effort to obtain easements outside the limits of U. S. Highway 82 for
the constructian of the sewer facilities herein contemplated and to
canstruct the same where ever feasible and if he is unable to reason-
ably secure a right-of-way outaidc of U. S. Highway 82 for Kaid
facilities he shall have the approval of the City on each exception.
WITNESS OUR HANDS this 8th_ day'of December, 1969.
CITY OF PARIS
ATTEST: 4R.A. gy L
Kennedy, M or
H. C. Gre e, City Clerk
)ps /on
ThomT
he 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 demacid 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
B
Presiclent
r
STATE OF TEXAS ~
COUNTY OF LAMAR ~
IiNnW ALL MEN I3Y 'I'fIESE PliESENTS that we, W. E.
THOMPSON and LAMAR COUNTY WATER SUPPLY DISTRICT, do
agree with each other as follows:
1. W. E. Thompaon has agreed and contracted with
the City of Paris relative to sewer service to a 114. 82 acre tract of
lanci, 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 Toco Water Supply and Sewer Service Corpora-
tion, the W. E. Thompson contract with the City of Paris being dated
December 9, 1969.
2, Larnar County Water Supply District hae 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. ~
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v.
~lc =''1-
" W. r!:. '.Chompson, ndtvu ri .,y an as
t'r•esiclent of Toco Wrxter Supply and
Sewer Service Corf>oration
,
LAMAR COUNTY WATER SLJPPLY
DISTRICT ~
AT ST: 2;;11',77
~ By 10, B " . President
ecretary, T3oard of Directors
4