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HomeMy WebLinkAboutResolution - 111358A - Contract- James G Brown & Assoc- Extend Public Water Supply To Lemon Subdivision - 11/13/1958,,,OS,,g b RESOLUTION WHEREAS, Lots 9 and 8 respectively of Block 3 of Lemon Subdivision to the City of Lubbock, Lubbock County, Texas, are now located and situated within the present City Limits of the City of Lubbock; and, WHEREAS, the owners of said lots and James G. Brown and Associates are involved in a dispute over the pollution ;of domestic water wells supplying Ithe owners of said Lots 8 and 9 herein above described; and, WHEREAS, James G. Brown and Associates have requested that the City of Lubbock extend its public water supply to said Lots 8 and 9 and have proposed to pay $4450 of the cost of such extension with the remainder of $4170 to be paid by the City of Lubbock, such payment made by James G. Brown and Associates being paid for and on behalf of the owners of Lots 8 and 9; and have further agreed to reimburse and indemnify the City of Lubbock to the extent of $4170. in the event said lots be de -annexed by court action, referendum or by other means, all as more particularly shown by the agreement attached hereto; NOW THEREFORE, JIBE IT RESOLVED BY THE CITY COMMISSION OF THE CITY.OF LUBBOCK: SECTION 1. THAT the contract attached hereto be accepted, ratified and confirmed and the Mayor of the City .of Lubbock is hereby authorized to execute 'said contract for and on behalf of the City of Lubbock, and the Secretary - Treasurer of the City of Lubbock is instructed and authorized to attest the executil of such instrument and affix the seal of the City of Lubbock thereto. Passed by the Commission this 13th —day of ]November 195 TTEST : LEN ]a-K.—Kffay­o—r ----- vena Lowe, City Treasurer C! i BE STATE OF, TEXAS THIS AGREM NT EM8Ei3 INTO by and between the City of Wbbocki, James C. brown and .Associates$ petroleum producers of Chicago, Illinois; and J. T. Jacobs and R. J. Fisher, W ITK2862TBt RRAS, J. W. Jacobs and R. J. FLsher reside on gats dine (9) and Eight (8), resspOctivOly, of Block Three (3) of the is subdivision to the City of Lubbock, Lubbock County, ''texas, which to a tract out the Northeast tae -Fourth of Section Three (3), Block A, Lubbock County, Texas; and, J. W. Jacobs and R. J. ,Fisher have heretofore obtained their water supply from wells located on the property on which they reside in that no City water is available; and, WiMRRASI, on or before the let day of July, 1988, the r sells located -on the property awned by J. W. Jacobs and R. J. fisher And on which those two parties depended for their domestic water supply became polluted with salt; and, WHERNAli, ,James G. Brown and Associates did at a prior time own Lots Seven (7) and Eight (8j. Block Two (2) of the Lemon Subdivision to the City of Lubbock,, Lubbock County, Texas, and ,Are still under agreement to Indemnity and hold harmless the present ovaer of thin property from any and all claim arising Taut of the production of oil and gas is this area; and, i►i, a salt water disposal pit has been located on the said Lots 7 and 8, Block 8, Loma Subdivision to the City of Lubbod% Lubbock County, Texas, and.these lots are located just to the Mouth across a fifty -fool street from the property owned by J. M. Jacobs and a. J. Fisher;, and, WHEREAS, it is contended by J. W. Jacobs and R. J. Fisher that thins salt water disposal,pit was a contributing cause to the pollution of their water wells; and, WHEREAS* James G. -Brom and Associates do not admit liability In any ray. whatsoever for the pollution of the J. W, Jacobs and R. J. Fisher water wells, but are grilling# without any admission whatsoever, to make compromise and settlement of the claim of J, W. Jacobs and R. J. Fisher; and, WHEREAS, the Lemon Subdivision to the +City'of Lubbock out of the Northeast rine—Fourth of Section:S, Block A, Lubbock County, Texas, was by Ordinance Number r�, duly passed by the Lubbock City Commission, included into the City limits of Lubbock, Texas; end, tHERRAS, it will be necessary that the City of Lubbock, as goon as fund's are available, provide this area with water from *be Lubbock City Water 'Works which will involve a considerable �apitai expenditure; and, WHEREAS; James G, Brown and Associates, in settlement :and compromise of the claim of J'. w. Jacobs and R. J. Fisher, have agreed to lay a three-inch line from the existing City water main to Lots 8 and 80 Block 31 Lemon Subdivision, And it is the desire of the City of Lubbock that the line laid be partially eight - Inch, then reduced to six-inch, then further reduced to three- inch; and, WHEREAS$ the Engineer of the City of Lubbock estimates that the cost for laying the line in accordance with the wishes of the City would be the sum of Bight Thousand Six Hundred Twenty and lqo/100 ($8,820.00) Dollars, and that the cost of laying only the three-inch line to this property would be Four Thousand Four,Hundred Fifty and No/100 (040450.00) collars; and, WHRRRAS# James 0. Brown and Associates have agreed to pay the sum of $4,480.00, provided the City would pay the remaining amount cif Four Thousand One Hundred Seventy and Ko/100 ($4s170.00) Dollars; and, WHEREAS# it is passible that the annexation of this area to the City of Lubbock may be challenged in the courts, by referendum or by other means, and if such challenge were successful so that the area would be de -annexed, then the City of Lubbock would not be Justified in waking any capital expenditures beyond its City limits; and, •. 2 •• in the eVent that, the larea.'Is de -annexed It will be necessary that the City be reimbursed for the Bus of $4#170,00 that they bad expended In this area. IT 19 THEREFORE AGREED between the parties hereto as followel James G. Brown and Associates are to pay over to the City upon the execution of this Instrument the sum of $4,450.Wcash to be used in laying the water mains to the property of J. w. Jacobs and R. J. Fisher. James G. grown and Associates are to further pay the tapping charge of Seventeen and 60/100 ($17.50) Dollars, plus a Five and No/100 ($5.00) Dollars deposit for a tap to be made for J. W. Jacobs and AU equivalent sum ',for a tap to be made into this main for R. J. Fisher. James Go Brown and Associates further agree that In the event that this area known as; Lemon Subdivision to the City of Lubbock is de -annexed from the City *f?lmbbock or is removed from the corporate limits of the City by judicial actions or otherwise, that it will Immediately pay over to the City of Lubbock the additional sum of 34,170.00. The City Of Lubbock agrees to begin as soon as practicable after the receipt of the sum of $4,450.00# but in any event not more Katie four gook- 11—.'7 .3 AL CTO, qVIR oeyw set out water main in laid so that Within ala (6) Weeks from ( the date hereof (City water is available to them at their homes located on Lots 9 and 8, respectively, of Block 30 Lemon Sub. - divisions that they Will release and quit -claim unto James 0. Brown and Associates any and 411 claim that they have as against them for the pollution of their domestic Water supply by Way of their privately owned water wells becoming contaminated with salt. a� WITNESS BJJR RAXDS THIS 13th DAY (W ROVUBIRt 1988. CITY 0? LU38OCK AT,TES i C�.ty Secretary -Treasurer X500 Isaker, yor JAVES.G. BB II AND ASSOCIATES IMSErt 0. Mown • W. Mors r .. 4 ..