HomeMy WebLinkAboutResolution - 061357C - Disposal Of Sewage Effluent - Benson & Arnett - Farm Lands SE Of COL - 06/13/1957=6
RESOLUTION
WHEREAS, the City of Lubbock has heretofore let certain lands owned
by it and situated South and East of the City of Lubbock and generally known
as City Farms to Jimmy Standef er, and J. Frank Gray, under written contract
dated February 28, 1953, reference to whish contract is hereby made for the
contents thereof, as well as the description of land; and,
WHEREAS, said agreement provided among other things for the disposal
of certain effluent sewage, which said agreement also provided that the Lessees
are bound and obligated to accept the said sewage at earthen reservoirs located
on.the land and to properly distribute the same over said lands and handle it.
at 'all times in such a manner as not to allow said effluent to run into Yellow -
house Canyon or off the lands described in said Lease, which was not owned by
the City of Lubbock; and,
WHEREAS, the Lessees therein are unable to make satisfactory disposition
of all of said sewage waters and desire the privilege of making arrangements
with George E. Benson and :Sam E. Arnett, who own lands, for the disposition and
use of the existing effluent, and therefore dispose of the same on the lands other
than those owned by the City and have 'requested the City of Lubbock, as Lessor,
to consent to the disposition of such excess sewage effluent; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT Mrs. Jimmy Standefer and J. Frank Gray in said
Lease Contract dated. February 28, 1953, are hereby authorized to make arrange-
ments with said Benson and Arnett and their heirs, executors and assigns, for
the disposal of excess sewage effluent under the following terms and conditions:
(a) That such effluent shall never be handled, stored, transported or
disposed of by the salad Standefer and Gray in any manner which is in violation
of said Lease Contract, or may be calculated to create a nuisance to adjoining
or nearby residents or property owners or, the property of said Benson and
Arnett.
(b) That any arrangements made for the disposition of effluent upon the
lands of said Benson and Arnett shall be subject to the terms of said Agreement
entered into by and between the City of Lubbock and said Gray and Standefer, and
all costs pertaining thereto shall be paid by the said Gray and Standefer.
(c) That any arrangements made between the said Standefer and Gray and
Arnett and Benson shall never be construed as binding the City of Lubbock to
deliver any quantity of effluent upon the lands of or under the control of said
Arnett and Benson.
On motion of Commissioner Pord , and
second by Commissioner lbxgx , the foregoing Resolution was
unanimously passed by the ty Commission thili day of June , 1957
ATTEST S. S , FOR ES , Mayor
F Zr
Lavenia tLowe, City ry-Treasurer