HomeMy WebLinkAboutResolution - 505 - Agreement - Benny Douglass - Dirt Removal, Sanitary Landfill - 05/22/1980I pg
RESOLUTION #505 - 5/22/80
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement with
Benny Douglass related to removal of dirt from City Sanitary Landfill attached
herewith which shall be spread upon the minutes of the Council and as spread
upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 22nd day of May 1980.
BILL
i
r, BIL McALISTER, MAYOR
-ATTEST:
Evelyn -'Oa fga, Eity = ec y -Treasurer
:APPROVED AS"TO CONTENT:
im Conely, Engifieering Dept.
APPROVED AS TO FORM:
J. th Fullingim, Assistant City #ttorney
AGREEMENT
STATE OF TEXAS
COUNTY OF LUBBOCK
This agreement entered into as of May 22, 1980, by and between the City
of Lubbock, a home rule municipality located in Lubbock County, Texas, herein-
after called "City", and Benny Douglass, Route 2, Box 259, Lubbock, Texas,
herein called "Douglass", in consideration of the premises and in
of Douglass obtaining and receiving dirt, and in consideration of the City
disposing of said dirt in order to provide more room for garbage at its sanitary
landfill; NOW THEREFORE:
Said City and Douglass do hereby contract and agree as follows:
I.
Douglass -is hereby allowed by the City to'receive dirt (as his property)
such dirt being removed by City in such amounts and at such locations as
designated by City from land owned by the City and operated by City as a
sanitary landfill for disposition of garbage collected in said City described
as the East 11 of Section 33, Block D-4, Lubbock County, Texas, hereinafter
referred to as "Tract A", which said dirt is to be placed by City on land
owned by Douglass described as a five acre tract of land in the Southwest
Corner of Section 31, Block D-4, Lubbock County, Texas, hereinafter referred
to as "Tract B", such dirt to be placed at such locations and such heights on
said Tract B in each instance as approved by the local representative official
of the Federal Aviation Administration of the United States Government, and
all such placing of dirt shall comply with all rules and regulations of said
federal agency, and further provided such placing of dirt shall comply with
all provisions of the Lake Ordinances of the City of Lubbock as may be applicable
to said Tract B, including Chapter 16 of the Lubbock City Code of Ordinances
and Section 29-4(G) of said Code as currently amended and supplemented.
Douglass hereby grants to City, its agents, servants, and employees, ingress,
egress, and regress on said Tract B to carry out the purposes of this agreement.
II.
This contract is cancellable at the will of either party hereto upon 30
days written notice to the other by certified U.S. mail addressed to the last
known address of the party to be so notified.
Douglass agrees to save the City harmless of and from any and all claims,
lawsuits, and judgments brought or taken against the City which arise out of
or are in any manner connected with the placing of said dirt on Tract B.
IY.
This contract is to further expedite the landfill operation of the City
for sanitary purposes for disposition of garbage, and is in the exercise of a
governmental sanitary -health function.
I
Ak
Executed as of the date May 22, 1980, at Lubbock, Texas.
CITY OF LUBBOCK
BY:
g�e- ojh-
BILL McALISTER, MAYOR
ATTEST:'
Of
Evelyn G f%a,.City S c tary-Treasurer
BENNY D GLA S
APPROVED AS TO CONTENT:
im D. Conely, 11gineering Dept.
APPROVED AS TO FORM:
4. OL7,4
` L.r
J. Worthingim, Asst. City Attorbby
THE STAT OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, a notary public in and for said County, Texas, personally
appeared 'Bill McAlister, Mayor and authorized agent for the City of Lubbock,
Texap, known to me to be the person whose name is subscribed to the foregoing
instrumeA;"and acknowledged to me that he executed the same for the purposes
'an$ conside4tion therein expressed and in the capacity hereinabove stated.
GIVEN UNUR MY HAND AND SEAL OF OFFICE thief�'.,�Laay of ,
r 1980.
Notary Public, Lubbock County, Texas
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, a notary public in and for said County, Texas, personally
appeared Benny Douglass, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22 day of M ky ,
1980.
Notary Public, ubbock County, as
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