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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 . • ~ 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 , ~ 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. ~ . „ , ~ . 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. ~ . " ~ 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