HomeMy WebLinkAboutResolution - 122861A - Sewage Effluent Contract - Texas Technological College - 12/28/1961RESOLUTION
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock, Texas, is hereby authorized and
directed to execute for and on behalf of said City of Lubbock a SEWAGE EFFLUE
CONTRACT BETWEEN THE CITY OF LUBBOCK, TEXAS, AND TEXAS TECH-
NOLOGICAL COLLEGE. A copy of said contract is attached to and made a part
of this Resolution for all purposes. A copy of said contract shall be spread upon
the minutes of this ctmmission. The City Secretary shall attest the signature of
the Mayor to said contract and shall affix the seal` `of"tfie City of Lubbock thereto.
Passed by the City Commission this 28th day of December P 19 61
Z_4w_rj_ (7_ --
DAVID C. CASEY, Mayor
ATTEST:
Laenia Lowe,ity Secr tart' -Treasurer
roved
Arft Ci Attorney
2
,arm
��
City ^.P r- '''
Board Minutes
February 17, 1962
Attachment No. 7
Item 1102 (12-9-61)
SEWAGE EFFLUENT CONTRACT BETWEEN
THE CITY OF LUBBOCK, TEXAS AND
TEXAS TECHNOLOGICAL COLLEGE
WHEREAS, The City of Lubbock is in the process of finalizing plans
for a sewage treatment plant to be located North of Clovis Road and in the
vicinity of Knoxville Avenue, within the City of Lubbock and there will be
available from this plant, when completed and in service, sewage effluent
of adequate quality to be used for irrigation;.and,
WHEREAS, The Board of Directors of Texas Technological College after
due consideration and study has determined that it will be both expedient
and desirable to acquire the effluent from such sewage treatment plant for
the purpose of irrigation; and,
WHEREAS, The City Commission of the City of Lubbock has determined
that it is to the best interest of the inhabitants of the City of Lubbock
and the public generally that such effluent be furnished to Texas Techno-
logical College at the lowest possible cost to said College; and,
WHEREAS, it is further deemed advisable and to the best interest of
the City of Lubbock and Texas Technological College that the terms and
conditions of the furnishing of such effluent be incorporated in this
agreement;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: This agreement and
contract is this day made by and between the City of Lubbock, a home rule
municipal corporation of Lubbock County, Texas, acting herein by and
through its Mayor as heretofore duly authorized by Resolution of the City
Commission, hereinafter called "CITY", and the Texas Technological Co17ega,
an educational institution of the State of Texas, located in Lubbock
County, Texas, acting herein by and through the Chairman of its Board of
Directors, as heretofore duly authorized by Resolution of the said Board,
hereinafter called "COLLEGE":
WITNE S SETH:
In consideration of the covenants and agreements herein expressed to
be performed by the parties hereto, the City of Lubbock does hereby
covenant and agree, beginning upon completion of the sewage treatment
I
Board Minutes
February 17, 1962
Attachment No. 7
Item 1102 (12-9-61)
Page 2
plant above described and other necessary pumping facilities, lines, and
reservoir, to supply COLLEGE the sewage effluent processed at said sewage
treatment plant, and COLLEGE hereby covenants and agrees to take all the
sewage effluent from. said CITY, to be used exclusively on COLLEGE property
unless otherwise agreed to in writing by the CITY, so long as the biologi-
cal oxygen demand remains as hereafter provided, and subject to the
following terms, conditions and covenants:
The COLLEGE agrees and obligates itself to excavate, lay, construct
and install sufficient reservoir, lines and pumps to transport the efflu-
ent from CITY disposal plant to COLLEGE land and premises.
The CITY hereby grants to the COLLEGE the right to make and maintain
connections between the City of Lubbock Northwest Sewage Treatment Plant
and the lands and premises owned by Texas Technological College of proper
and sufficient size to transport such sewage effluent to the land owned
by said COLLEGE over and across right-of-way to be furnished by CITY.
This grant is made upon the following terms and conditions, to wit:
1. That City of Lubbock shall not at any time be required to build,
lay or construct or install any reservoir line or pump or any other facil-
ity necessary for transporting said effluent to the lands owned by Texas
Technological College. However, it is agreed and understood that the City
of Lubbock shall maintain any line and pump or pumps which may be installed
by the COLLEGE to be used in carrying out terms of the contract and for
which maintenance cost the COLLEGE agrees and hereby obligates itself to
pay to said CITY the actual cost for such maintenance. In addition to the
cost for maintenance of the line and pump the COLLEGE. agrees and obligates
itself to ,pay said CITY --for I all _ electrical --energy consumed in _ the trans-
portation of such sewage effluent from the sanitary treatment plant to the
line owned by COLLEGE at rates established by ordinance for municipal or
school consumers, whichever is cheaper. Payment is to be made to CITY
within reasonable time after receipt of such bill of cost delivered to the
COLLEGE.
2. The sewage effluent to be delivered by CITY to COLLEGE shall be
sewage effluent having a biological oxygen demand (B.O.D.) of approxi-
mately twenty (20) parts per million unless otherwise requested by COLLEGE
a
Board Minutes
February 17, 1962
Attachment No. 7
Item 1102 (12-9-61)
Page 3
in writing to reduce the B.O.D. in which event COLLEGE agrees and obligates
itself to pay the increased cost to CITY which may be incurred for
chemicals used for such additional treatment.
3. As an express condition herein COLLEGE will use due diligence in
handling, distributing and/or storing all sewage effluent delivered to it,
under the terms of this agreement, in such a manner as to not substan-
tially increase the density of odor emitting therefrom, or from spreading
and causing other than normal discomfort and annoyance to nearby inhabi-
tants, and to the best of its ability will not use or suffer to be used
any effluent in such a manner as to constitute a nuisance. If in the
event such condition does arise from such use the COLLEGE will diligently
do all that may be necessary to abate and correct such condition.
4. The COLLEGE in its use of such effluent shall take ordinary and
reasonable precaution to prevent the flow of effluent onto or over
property not owned by COLLEGE unless otherwise permitted by owner or
owners of such land given in writing which shall be subject to all terms,
conditions and covenants contained in this agreement.
The parties hereto agree and it is expressly stipulated and under-
stood that the CITY shall not be liable for any damage, claim or cost or
subject to any cause of action, after the sewage effluent is transported
by pipeline to COLLEGE lands and premises.
It is further agreed and understood that should CITY be restrained
by Court action or otherwise prohibited from delivering the effluent to
COLLEGE for the purpose agreed and anticipated, the CITY shall be
released from responsibility for the provisions of this contract during
such interval without further action by either party hereto and until
such time as such restraint or prohibition is removed. Upon resumption
of operation of the sewage treatment plant, CITY shall continue delivery
of the effluent to COLLEGE.
Nothing herein shall be construed as creating a fixed indebtedness
on part of COLLEGE.
This contract shall become operative and binding on the parties here-
to for a term ending twenty (20) years from the date the first sewage
effluent is delivered to COLLEGE under the terms of this agreement,
a
s
Board Minutes
February 17, 1962
Attachment No. 7
Item 1102 (12-9-61)
Page 4
provided, however, it is understood and agreed that said COLLEGE, by
decision of its Board of Directors, desire for any reason to terminate
this agreement, it may do so; then in such event an intention to abandon
this agreement may be exercised by written notice to CIT delivered not
less than twelve (12) months prior to the date such termination is to
become effective. It is mutually agreed that the COLLEGE cannot amortize
its original cost in a period of twenty years and for such reason, it is
further understood, agreed and here stipulated that upon: termination of
the original twenty (20) year term this agreement may be continued at the
option of the COLLEGE for an additional ten (10) years. Should the
COLLEGE desire to exercise this option, it may do so by giving notice to
the CITY in writing twelve (12) months prior to the termination of the
original tem.
In the event COLLEGE exercise its right of option for an additional
ten (10) years, then in such event, the cost of the chemical treatment may
be re -negotiated to the extent necessary to protect the CITY should there
be any increase in such cost.
EXECUTED THIS 3rd day of January, 1962.
ATTEST:
enia Lowe
CITY SECRETARY -TREASURER
J Roy W lls, SEC
CITY OF LUBBOCK
David C. Casey, MAY�::±-e
BOARD OF DIRECTORS
TEXAS TECHNOLOGICAL COLLEGE
C. I. Wall, CHAIRMAN
C IT Y MAN
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'ID'S £C G t(Y HEq[
o
s Texas Tech University"'
Texas Tech University Health Sciences Center W
Office of the President3i * ''
December 5, 1980 `�:?V19�j
{ .RECEIVED
OFFIQ
Mr. Larry Cunningham''
City Manager
City of Lubbock
Post Office Box 2000
Lubbock, Texas 79457
Dear Mr. Cunningham:
At its meeting on December 5, 1980, the Board of Regents
authorized me to notify you that the University is exercising
its option to extend the Sewage Effluent Agreement with the
City of Lubbock for an additional term of ten (10) years, as
provided in the original contract dated December 9, 1961.
Sincerely,
*Lro . Cavazos, Ph.D.
President
rl p
p
DE C 9 1980
city S cilEiARY
Box 4349 / Lubbock, Texas 79409 / (806) 742-2121
SEWAGE EFFLUENT CONTBA.CT BETWEEN
THE Cl.'TY OF LUBBOCK. TEYAS. AND
TEXAS TECHNOLOGICAL COLLEGE
WHEREAS, the City of Lubbock is in the process of finalizing plans
for a sewage treatment plant to be located North of Clovis Road and in the
vicinity of Knoxville Avenue, within the City of Lubbock and there will be
available from this plant when completed and in service, sewage effluent of
adequate quality to be used for irrigation; and,
WHEREAS, The Board of Directors of Texas Technological College after
due consideration and study has determined that it will be both expedient and
desirable to acquire the effluent from such sewage treatment plant for the
purpose of irrigation; and,
WHEREAS, The City Commission of the City of Lubbock has determined
that it is to the best interest of the inhabitants of the City of Lubbock and
the public generally that such effluent be furnished to Texas Technological
College at the lowest possible cost to said college; and,
WHEREAS, it is further deemed advisable and to the best interest of
the City of Lubbock and Texas Technological College that the terms and conditions
of the furnishing of such effluent be incorporated in this agreement;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: This agreement and
contract is this day made by and between the City of Lubbock, a home rule
municipal corporation of Lubbock County, Texas, acting herein by and through its
Mayor as heretofore duly authorized by Resolution of the City Commission, herein-
after called "CTTY", and the Texas Technological College, an educational institution
�,,.. of the State of Texas, located in Lubbock County, Texas, acting herein by and through
the Chairman of its Board of Directors, as heretofore duly authorized by Resolution
of the said Board, hereinafter called "COLLEGE":
WITNESSETH:
In consideration of the covenants and agreements herein expressed to be
performed by the parties hereto, the City of Lubbock does hereby covenant and agree,
beginning upon completion of the sewage treatment plant above described and other
necessary pumping facilities, lines and reservoir to supply "COLIEGE" the sewage
effluent processed at said sewage treatment plant, and "COLLEGE"~hereby covenants
� � r
�.
r + r
and agrees to .take all the sewage wage effluent from said "CITY", to be used
exclusively on "COLLEGE" property unless otherwise agreed to in writing by the
"CITY'", so long as the biological oxygen demand remains as hereafter provided,
and subject to the following terms, conditions and covenants.-
The
ovenants:The "COLLEGE" agrees and obligates itself to excavate, lay, construct
and install sufficient reservoir, lines and pumps to transport the effluent
from "CITY" Disposal Plant to "COLLEGE" land and premises.
The "CIPY" hereby grants to the "COLLEGE" the right to make and
maintain connections between the City of Lubbock Northwest Sewage Treatment Plant
and the lands and premises owned by Texas Technological College of proper and
sufficient size to transport such sewage effluent to the land owned by said
"COLLEGE" over and across right-of-way to be furnished by "CITY".
This grant is made upon the following terms and conditions, to wit:
1. That City of Lubbock shall not at any time be required to build,
lay or construct or install any reservoir line or pump or any ether facility
necessary for transporting said effluent to the lands owned by Texas Technological
College. However, it is agreed and understood that the City of Lubbock shall
maintain any line and pump or pumps which may be installed by the "COLIEGE" to be
used in carrying out terms of the contract and for which maintenance cost the
"COLIEGE" agrees and hereby obligates itself to pay to said "CITY" the actual cost
for such maintenance* in addition to the cost for maintenance of the line and
pump the "COISEGE" agrees and obligates itself to pay said "City" for all electrical
energy consumed in the transportation of such sewage effluent from the sanitary
treatment plant to the line owned by "COLLEGE" at rates established by Ordinance
for municipal or school consumers, whichever is cheaper. Payment is to be made to
r^ "CITY" within reasonable time after receipt of such bill of cost delivered to the
"COLIEGE".
2. The sewage effluent to be delivered by "CITY" to "COLLEGE" shall be
sewage effluent having a biological oxygen demand (B.O.Do) of approximately twenty
(20) parts per million unless otherwise requested by "COLLEGE" in writing to reduce
the B.O.D. in which event "COLLEGE" agrees and obligates itself to pay the increased
cost to "CITY" which may be incurred for chemicals used for such additional treatment.
3. As an express condition herein "COLLEGE" will use due diligence
in handling, distributing and/or storing all sewage effluent delivered to it,
under the terms of this agreement, in such a manner as to not substantially
increase the density of odor emitting therefrom, or from spreading and causing
other than normal discomfort and annoyance to nereby inhabitants, and to the
best of its ability will not use or suffer to be used any effluent in such a
manner as to constitute a nuisance. If in the event such condition does arise
from such use the "COLLEGE" will diligently do all that, may be necessary to
abate and correct such condition.
4. The "COLLEGE" in its use of such effluent shall take ordinary
and reasonable precaution to prevent the flow of effluent onto or over property
.not owned by College unless otherwise permitted by owner or owners of such land
given in writing which shall be subject to all terms, conditions and covenants
contained in this agreement.
The parties hereto agree and it is expressly stipulated and understood
that the "CITY" shall not be liable for any damage, claim or cost or subject to
any cause of action, after the sewage effluent is transported by pipeline to
"COLIEGE" lands and premises.
It is further agreed and understood that should "CITY" be restrained
by Court action or otherwise prohibited from delivering the effluent to "COLLEGE"
,for the purpose agreed and anticipated, the "CITY" shall be released from responsi-
bility contract during such interval without further
bilit for the provisions of this
action by.either party hereto and until such time as such restraint or prohibition
is removed. Upon resumption of operation of the Sewage Treatment Plant, "CITY"
shall continue delivery of the effluent to "COLLEGE".
Nothing herein shall be construed as creating a fixed indebtedness
on part of "COLLEGE".
This contract shall become operative and binding on the parties hereto
for a term ending twenty (20) years from the date the first sewage effluent is
delivered to College under the terms of this agreement, provided, however, it is
understood and agreed that said "COLLEGE", by decision of its Board of Directors,
desire for any reason to terminate this agreement, it may do so; then in such event
1. an intention to abandon this agreement may be exercised by written notice to "CITY"
delivered not less than twelve (12) months prior to the date such termination is
to become effective. It is mutually agreed that the "COLLEGE" cannot amortize its
�. ti
• s,,
original cost in a period of twenty years and for such reason, it is
further understood, agreed and here stipulated that upon termination
of the original twenty (20) year term this agreement may be continued at
the option of the "COLIEGE" for an additional Ten (10) years. Should the
"COLLEGE" desire to exercise this option, it may do so by giving notice to
the "CITY" in writing twelve (12) months prior to the termination of the
original term.
in the event "COLLEGE" exercise its right of option for an
10 ) y ears "
additional ten ( then in such event, the cost of the chemical
treatment may be re -negotiated to the extent necessary to protect the
"CITY" should there be any increase in such cost,
EXECUTED TIIIS 28th day of Decembhr; , 196 1.
CITY OF LUBBOCK
David Co Casey, MAYOR
t1 Flip
J.
nia Lowe, CiTY SECRETARY TREASURERiG.
TEXAS TECANOLOGICA2, COLIEGE
C I. Nail, Chairman
ATTEST:
-(S/ J. Roy Wells, Secretary
(SEAL)
RESOLUTION
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock, Texas, is hereby authorized and
directed to execute for and on behalf of said City of Lubbock a SEWAGE EFFLUENT
CONTRACT BETWEEN THE CITY OF LUBBOCK, TEXAS,, AND TEXAS TECH-
NOLOGICAL COLLEGE. A copy of said contract is attached to and made a part
of this Resolution for an purposes. A copy of said contract shall be spread upon
the minutes of this commission. The City Secretary shall attest the signature of
the Mayor to said contract and shall affix the seal of the City of Lubbock thereto.
Passed by the City Commission this 28th day of December 19 61
ATTEST:,
Live j
a Lowe, City —tetreV
p- tar -reasurer
lia-4 a - I
EYMa
DAVID CAS, ]Mayor
;0 "",y
t,LaveniatLowe, City Secretary -Treasurer, City of Lubbock Texas hereby certify that the above
ar''�oregoiag -is a true and correct copy of RESOLUTION ZOHORIZING THE -MAYOR TO EXECUTE A
SEWAGE EFFLUENT CONTRACT BETWEEN THE CITY OF LUBBOCK, TEXAS, M D TEXAS TECHNOLOGICAL COLLEGE.
Passed by the City Commission on DECEMBER 28, 1961
and of record in Minute Book 20,
records of the City. Commission of the City of. Lubbock, Texas.
THIS
28th DAY OF December , is. 61
Lavevia Lowe, City ecretar -Treasurer
City of Lubbock, Texas
T.
_ a
Aw
Jar+tee ry 12, 1062.
t
Mr. M.L. Pennington
ce President and CoMtrolleir
c exas %ohnolovical College.,
Lubbock, Uxa
Dear Mr. Ponningtoni
R �ub4eeti �ewa�e effluent Contrast
Enclosed are four gWles,of, a Iewage effluent Contract
between the City oT`Lubboak bind oxas Nchno' agl.aal College.
R These am,on are being returned to you ,for your filo, and
have been exa rated by the City of Lubbock.
p
76urs very truly,
km:6--jo AM&
Lavenia Lowe
City;3earetiry—Tr6asurer.
4
i
f
wwawo the Guy ofu6boa to SA the piss of fiaaalizing plans
for a #40ag ► tnatmsac plant to, be located North of aClov a OUd' in tbae
vicinity of ft*XV'Lll* AVON# within the City of LW"a and tb vial be
available fra6ltlat this PIMIt Wbm a Meed aad in earvices eomp off Imut of
ad"ID& 40aa►li tly to be used for 1=184101%1 ands
W i,, va sea" of"rectors Of Texas Tedw ol"Leal COUP after
dom ►idorgtEf steady "a &UMImd that it will bit both mmPdIImt and
a sisable to &MU fb* affluent ,from 1010a stow tzostgs ►t pUot fox tb>e
jw4mpose of frrLpt a t; aad,
VnaUSI, T6City Omdasiou of tbo +city of UbUock bas detalwAbOd
that it is to tba' bassi 10t*r"t'of the WWbitants of this .City of JW"a .and
the public Wwrally that eooh office b4IOVIRIA104. to Texas .,.TecbSolobi al
Coles at this lowest` Possible t to said +col% l &as
VMMWSi's taxtbar 4semed &MmAbie 4004 to tba best test of
the Ory of Ubb, And 110304 TeelbaologIcAl ColleSs that the Berms Sad cond"ifts
of the taraLSUAS Of such off t I�a iAc*q*t*d tU* ext
Sows #= Am an by To" i
t and
90 tra+1t ids this dsy made by and between the City of'Lubboas a bsm prole
prni�cipal Cape,
%tion01Im"oC Commty's Tamar actiag bw eian by and thrao its
mayor as bCtetof duly a�a1 �
bd by &gsolution of tba �
� s onios+e3;sr
after40,104
OCIWs end the taxes Tacbn*lopicel ColUV* atm ad>eeatiosaatl institution
of tbo St as of Texas located iA Uibbock, Sys Vi',, actin tevein by tb a
the Cb sirmAn Of its board. of aLve4torst Qts baretofozg duly + 'fi d by intima:
of the eai`d board* bosszlgafter called OCOLL"S
RIII tf. I I I
iia► COXW14OZation of the e*vgmdta anal apeemaats bersin sed to be
p�ori:c►a d #y the parties l raetos the Ci' *jbboa dos boreby fo aid a e
be
af+oasoi the so"dSp
estrumad andatbe
aeatata �r �' fnti2itLss, if s and ' se iyr to Wpiy "'6� 's ibis "wage
as ,Urat'y �cov s
sff%a pro at *&I' i otew&aa tar"tooat t►lsxet, end' #�
and *Sm" to take all ► effluent from reaid ftMO# to be used
,exclusively on oCOU261a property mss Othetwie d to In Vr%tiug by that
*VXrp to 'long the biological oWpa r4mins hereafter id".
atnd 'a b j*ct to the following tarns" croinditio s and covenoftxt
The OCOU"4'ri'mi and ob ugit itself .to excavate. UY +oe tzm*
:quad insult'anff Bleat merrro ro U% Und posips to transport the, effluent
:frm m* `IKSPO"l ' Plant to " hand etad p Bas.
Fhs "" b�arreby its to the itOthe VS& to imam sad
maintain connections between the 'City of U&boa' nctbma►t 8emp fteaatm at Plant
and the lands and premlests emod by 'Texas, technological Collage .sof Proper, and
aeuffis104* 'sisee to transport, sach *swap off Ummt to the land .owm d Ivy said
SWUM" over ftd a=ms tt&-o"y . to be,, u Ub" bg, f61"C OO
This scant. Is mm4s upon the following tor* aad sonditima to wit t
U that efty.of''Uftock,slall am at ony,tim ,be aged is build,
lay. or +eauarer+eat or tmatall,aW roservoir Um at pmp ;car. +a v .other laecility
necessary for transporting ,S effluent to the, lands owned by Vex" TeAnological
Collage. Ip+otnetr# it is mead and understood that the City of U*boaL shall
sa t In any time rand pup or s yeah may be Smatellred, by the OULLtt,`g" to be
used in varryin an tarme of the canttrae t *ad ;for vhlt& caast the
1 COUM,M des ftdLborsy *'bligates Itself to psy to said '' "" the ncttal cost
few such *%latenance. to a►dditLoat to the eft for maintenance of the lin e
pump UA apoesand oblisatco itself to py: said *%Vr for all *Iectric5al
+ =gy c #U the sua somas effluasint frees the se"tory
treatment plant to the Lim owned by oMS O at mess established by Ordinance
for mnair~igal or sr hW a: rs, VUdo%rer is r "par. ftyneut iii to be aaaa to
"CMM" within reasonable 9tbo mer receipt of much bill of ,asset delivered to the
oto•
2. v offluent to be &liver" by "Cly` to " oUj=" shall bre
nems a effluent .burring a6i bierl,ogirael. *arygaen ad ajg fl.'p.) of 4►1►pr iAataly twOftY
(20) parts per trillium Unleas other VftqmMot+ed, b xt ane ting to d
the-1.0-1D. to Vhlr i' eva nt NWAMO imsaeo as 6d Oligofas itself to pay the Increased
t to OcVr mbI& any be tesmd ferr c' ie als used for such additional treatment.
i
I
3 * As an +Rxpress eondition *=in, IM,g # VilI an dae diff pum
to laendling, distributing and/or 'PtcorIAS all 8014110 effluent Bali ed to It,
ander the term of thie,oXceements in such INISMOV sa to Oat Substantully
"Crease ths,403miliy Of odor omitting tberaf=om, or frM Oweading
other thou *wwl , WAcftf*%t and wmaysuce to Eby i bItw*s, And to 'tha
beat of '"its sbilitg mill `o at.lose +fir Suffer to be 'gid Ow effluent `inlach'a,'
am+er es, to tautitUtO 0 WAIUZW*o If the opt
such smditfon iriee
frft ach the ftaui6in will dil' by .da #ll that
to
Abate Sa>d 'eo rr*ct oah co ad on.
i, ► OCO n in, its =0 of oath Off%aeat kali tau ft*.,a*sy, ,
4" t`eftwrA rle , VftOft*J='to
prevent the Ow of Offluest +tea or,pr"Orty
Oft' o d ' Mage mss *tbarwLw a par>atlttad byamej or owners ` Of � 'lamed
Siven 10'WrItIAS which "mil. be .#r*jeat to all teCOS, cvadit sus Gadd covenants
c+wtalned An this ftree=mt,
the jactlex bu to AV** tnd fat is ssly Stipa +ed A understood
that the %lam" Abaall oot' be ltablo ,'for°caieor xr,
ecto
SAY Cause of lacticus, bier the 'fi a i4faftat 0 t parted W p ll—ft' to
tt is
er *,$reed aa" ua&tvt that shad `C�" be testre%d
#y Ca rt aetirou ver cthftwbse pr&MIted Iran daelivering'tba effluent to ;a y a
for tine p wpaasa Awv6d .aim aaticip di the .0CM" shall be rsl ped f % am xsspacasi•
bilit3T to r the pro , OLVLeus +af this t darfAS DUCU interval Vitbast farther
action by either Pasty Imiiisto 'Ond^arm it * . time as Ouch restraint or probibititret
Is raiumdo Upm re Dior, of t rattm `of it`lae Smoo a 'ff"tulant iiTatt* %-=a
sball cautione 4aliviry oftbi'Offluent to w 9 UM".
sat+sft stall be o atrcaaiod ae ming & fix" fa bt+ed�s>a
as part of
TbU coat * �sball became +rr tativae Sud U#Adiseg an the parties hereto
far s' tevoi-eatic sty (ld). 31014 a 'fras the date the '•f ret 'SMIP effuwwt in
delivered Bred to >> le r thi-temg of this PVUW* t Kidd, UMOvert it to
+a td ogei aid d `that reid %w4ft J* decision of Its Sa acrd of Directors,
desira for f to te*aInate this agmamat. it : A*,iso; thea Ii, Such et►e
an iUtention to +i esx"this t Say to exerr"d by written notice to "
delivered not leas tem► tweilvo` (12) months i►r or to the &to such teratlautfoon is
to beCocie #Rffeakwo o � Is =6*61,'ly 'agroa4 that the "COUM" connot *Mcrtba Us
Origiml cost in a of twaty yeast and for Much ►: It Is
fiber tp rstood, d and bGre atimlft*d tat;9POn t0ftlim"Ca
of tbs crl,Siml to my (20) year 'tare tltis ""*waft asy be c tinu*4 at
the aptioa of the $VOMM" for an mAd t,Oml`"! ► (10) ire, could the
"'CaiG'6 Gt" dsat#aro to 40"Velse this eptioas it may do so by givims wIticie to
the'"" 2W $A VT t the"lam (12) 'amtbs,prior tot tandustiat of tte
�r �aaal tex�.
'tu $%MAM" exercise its TW of *Ptiam for eta
additimaal ton years 'tbo *ark event, tbs, ont of the ' l
tro merit any be r*-Aagatl tad to the.w&Amt meessgry to fact the.
we=" abould.thum be Ow Incrouft its Stwh Wit.
vld C.
01
Approved: Fred O;Senter, Jr.
s J City Attorney
By:JWorth Fullingim
Assistant City Attorney
Imes C31"1
f
"NNW
January It, 1962.
Mr. M.L. Pennington
Tice President and stroller
oxen Uchnologiael College
Lubbock, Texas
Dear Mr. Penningtonti
nbieetz 8ewa M Effluent 9pntreat
Enclosed are four emies,of the Serape Effluent Contract
between the City'Of'Lubbock and Texas Uahnological College.
These copies are being returned to you for your mile, and
he" been executed by the City of Lubbock,
`ours very truly.
(Mrs.) Lavezria Lowe
City Secretary -Treasurer.
We.
TEXAS TECHNOLOGICAL COLLEiGE
LUBBOCK, TEXAS
OFFICE OF THE VICE PRESIDENT AND COMPTROLLER
January 9s 1962
Mr. H. P. Clifton: City Manager
CITY OF LUBBOCK
Lubbock, Texas
Dear Mr. Clifton:
Subject: Sevage Effluent Contract
Enclosed are eight,copies of the Sevage Effluent Contract
duly signed by the Chairman and Secretary of the Board of
Directors of Texas Tech.
Will you please return four copies of the completed contract
to us.
I am sorry that there has been a delay but I vas called to
Austin..last Friday on an emergency meeting and only returned
last evening.
Best Wishes,
M. L. Pennington
Vice President and
Comptroller
MLP: g
Enclosures
0