HomeMy WebLinkAboutResolution - 2021-R0367 - Street Use License-Well Permit with Daniel B. Stephens - Vanda Ave & 44th 9.28.21Resolution No. 2021-R0367
Item No. 7.8
September 28, 2021
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, a Street Use License and/or City Public Grounds Monitor
Well Permit by and between the City of Lubbock and Daniel B. Stephens & Associates, Inc.,
a Geo-Logic Company, and all related documents. Said License is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
Passed by the City Council on September 28, 2021
L'-j
DANIEL M. POPE, MAYOR
ATTEST:
Reb cca Garza, City Secr to
APPROVED AS TO CONTENT:
16Ld4-4j'd..
IT
Michael Keenum, P.E., Division Director of Eriginecring/City Engineer
APPROVED AS TO FORM:
Ry n Br oke, Assistant City Attorney
Res.St Use Lic-Monitor Well Permit- Daniel Q. Stephens
8.20.21
Resolution No. 2021-R0367
STREET USE LICENSE ANIVOR CITY
PUBLIC GROUNDS MONITOR WELL PERMIT
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
This indenture made this 28th day of September , 2011, being
the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a IIome Rule
Municipal Corporation, and the DANIEL S. STEPHENS & ASSOCIATES, INC., A GEO-
LOGIC COMPANY, hereinafter called "PERMITTEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUB13OCK does
hereby grant to the PERMITTEE, the right, privilege and license to use portions of dedicated
streets and/or alleys and/or City public grounds for a groundwater monitoring well, to -wit:
BEGINNING AT A POINT which if 5.00 feet South and 1.00 foot West of the
Northwest corner of Lot 5, Block 1, Clutter First Addition to the City of Lubbock,
Lubbock County, Texas;
THENCE South 2.00 feet to a point;
TI IENCE West 2.00 feet to a point;
THENCE North 2.00 feet to a point;
THENCE East 2.00 feet to the POINT OF BEGINNING.
Texas Natural Resource Conservation Commission (TNRCC) leaking petroleum
storage tank, Site No. 093997.
The term of this grant shall be for five (5) years from date hereof, and shall be
automatically extended for successive five (5) year terms not to exceed twenty (20) years. In
any event unless either party shall give written notice of termination to the other party before
the expiration of the original or any subsequent five (5) year term, as the case may be, and the
CITY OF LUBBOCK retains the right at its election to cancel and revoke this permit with or
without cause upon thirty (30) days prior written notice to the PERMI"I TEE. Said notice shall
be deemed properly serviced if deposited in the post office, postage paid, addressed to
PERMITTEE at the last known address of PERMITTEE. Application fee for this permit is
TWO HUNDRED AND FIFTY AND N0/100 DOLLARS ($250.00) and is non-refundable.
Upon expiration or cancellation and revocation of this permit by the CITY OF
LUBBOCK or the abandonment of the permit by the PERMITTEI., the improvements that are
permitted under this permit shall be removed by the PERMITTEE and the property shall be
restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the
event PERMITTEE fails or refuses to remove such improvements after demand by the CITY
OF LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be
removed such improvements, and the expense incurred shall be assessed against PERMI"fTEE
for which PERMITTEE shall be liable.
1. PERMITTEE shall pay to the CITY OF LU13BOCK as compensation for such
grant the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which arc hereby expressly acknowledged, for the
first five (5) year non-refundable term of this permit, and thereafter such rate of compensation
may be changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate
of compensation which is based on procedures and policies as established by the City Council
of the CITY OF LUBBOCK. If such rate is not changed by the CITY OF LUBBOCK, the rate
for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the
PERMITTEE of any change in rates in writing before the start of the five (5) year term to
which such change in rate shall apply, and if such notification is not made, then the rate for the
preceding five (5) year term shall apply.
2. The PERMITTEE agrees to pay all costs arising out of the exercise of this
permit herein granted including, but not limited to the replacement and repairing of paving,
sidewalks and utilities of any nature occasioned by the construction as authorized by this
permit. PERMITTEE must utilize all necessary construction barricades, warning signs and
traffic control devices, in accordance with the Texas Manual on Uniform Traffic Control
Devices (T.M.U.T.C.D.), when drilling the monitor well, inspecting the monitor well or
testing of water samples and removal of the monitor well. All drilling fluids and cuttings are
to be emptied at Texas Water Commission approved sites and not be emptied onto City streets,
alleys, or City owned property.
3. In the event the CITY OF LUBBOCK determines that the existence of such use
interferes with or causes the rerouting or realignment of any public utility, franchised utility or
sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK, or
franchised utility, the PERMITTEE-' agrees to reimburse the CITY OF LUBBOCK or such
utility, as the case may be, for its expense in relocating or rerouting over and above the expense
which would have been incurred except for PERMITTEE'S use herein. All work is to be done
in compliance with local, State and Federal laws and regulations.
4. This permit is not transferable by the PERMIT"f1E without first receiving the
written consent of the City Manager of the CITY OF LUBBOCK.
5. This permit is made subject to the condition that should the PERMITTEE
exercise any right under the permit herein granted and prepare or begin or complete any part
of the construction as herein contemplated across any or all of the above described property,
then and in that event said PERMITTEE, its successors and assigns will at all times defend,
indemnify and otherwise hold the CITY Ol. LUBBOCK, its agents, servants and employees
harmless from any and all claims, demands, actions, causes of action, suits at law or in equity
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
of whatsoever kind or nature which may grow out of or be related to the making of this permit
or the construction or maintenance and use permitted herein. Permittee is responsible and
liable for any and all contamination done to the water table if such occurs during the drilling,
monitoring or filling of the well. The CITY OF LUBBOCK, at its option, may require an
agreement with any contractors hired by the PERMITTEE to perform the construction, repair
or maintenance permitted herein, which agreement will indemnify the CITY OF LUBBOCK
from and against all claims, liability, cost and expense growing out of the performance of the
work to be done by such contractors. The CITY OF LUBBOCK may further require any of
said contractors, when engaged in the construction, repair or maintenance permitted herein, to
furnish, without expense to the CITY OF LUBBOCK, a reliable surety bond, in any amount
and in a form satisfactory to the said CITY OF LUBBOCK, guaranteeing the faithful
performance of all the terms, covenants and conditions in said agreement, and a certified copy
of a policy of public liability insurance assumed by said contractors in said agreement with the
CITY OF LUBBOCK. The CITY OF LUBBOCK agrees to give notice to the PERMITTED
prior to incurring any costs or expenses or the payment of any such claims or demands in order
to give the PERMITTEE, a reasonable opportunity to settle or adjust the same.
6. If the street or alley area is ever widened and the well is found to be located in
the portion to be widened and must be relocated, Permittee must fill the old well and drill a
new well at Permittee's sole expense. This new well, if required by the Texas Water
Commission, could be located on City owned property and permittec will be reasonable for
additional licensing costs.
7. After completion, the well shall be permanently filled and capped to the
requirements of the City, the Underground Water Conservation District, the TCl?Q or other
applicable specifications. In general, the finished surface shall be left in a condition at least as
good as that which existed prior to the drilling operations.
8. PERMITTEE agrees and is re uired to furnish a policy of public liability and
property damage insurance within limits as follows:
Commercial General Liability insurance
Amount -- Bodily Injury $500,000 each occurrence
Property Damage $100,000 each occurrence and
OR
Commercial General Liability Insurance
Amount $600,000 combined single
Limit each occurrence and
in the aggregate
Solely at Permittee's expense, Permittee shall do one of the following things:
(1) Permittee may furnish a separate insurance policy showing the City of Lubbock
as named insured; or
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
(2) Permittee may furnish an insurance certificate showing the City of Lubbock as
an additional named insured by endorsement on Permittee's insurance policy.
9. All of the covenants and provisions of this permit shall be binding upon and
inure to the benefit of the successors, legal representatives, assigns and the duly authorized
agents and contractors of the parties hereto to the same extent and effect as the same are binding
upon and inure to the benefit of the parties hereto, but no assignment hereof by the
PERMITTEE, its successors and assigns, shall be binding upon the CITY OF LUBBOCK
without the consent of the CITY OF LUBBOCK in each instance, except as specified in
numbered paragraph four (4).
10. PERMITTEE, by its acceptance of the uses permitted herein, understands and
agrees that no interest, title or rights of possession are intended or implied except those
expressly set forth herein, and PERMITTEE waives any and all claims in and to the public
way PERMITTEE is permitted to use hereby and agrees to give peaceful possession of said
property covered herein upon termination or cancellation of this permit.
11. The CITY OF LUBBOCK reserves the right to exercise any right or remedy
available to it by law, contract, equity, or otherwise, including without limitation, the right to
seek any and all forms of relief in a court of competent jurisdiction. Further, the CITY OF
LUBBOCK shall not be subject to any arbitration process prior to exercising its unrestricted
right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive,
and may be exercised concurrently. To the extent of any conflict between this provision and
another provision in, or related to, this document, this provision shall control.
Written notices required hereunder shall be mailed to the City of Lubbock, addressed
to the City Manager, P.O. Box 2000, Lubbock, Texas 79457. Written notices required
hereunder should be mailed to the PERMITTEE, DANIEL S. STEPHENS & ASSOCIATES,
INC., A GEO-LOGIC COMPANY, 12303 Technology Blvd., Suite 9301), Austin, Texas
78727.
AGREED TO AND ACCEPTED this 2 day ofSvf-f
CITY OF LUBBOCK
Daniel M. Pope, Mayor
PI-RIVII'l' 'TEE:
Daniel B. Stephens & Associates, Inc.,
a Gco-Logic Company
BY: 4 QL4 r
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TITLE: uCGG Asf�{ Gw�
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
ATTEST:
Rebe ca. Garza, City SVar
APPROVED AS TO CONTENT:
Michael Keenum, P.E., Division Director of Engineering/City Engineer
APPROVED AS TO FORM:
Ry ke, ssis ant City At
Br otorney
Licenses.Street Use -Monitor Well Permit -Daniel 13. Stephens
8.20.21
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas, on this day personally appeared Daniel M. Pope, Mayor, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 day
of _5�otr , 2021.
JEMMY D. MAYNARD Not Wuic 4daA
the S c of Texas
Notary Public, State of Texas
Notary ID413229477-4
My Commission Expires 12-27.2023
My Commission Expires:
TIIE sTA'rE OF TEXAS §
§
COUNTY OF §
BEFORE ME, the undersigned authority, a otary Pub in a d for said County,
Texas, on this day personally appeared ,
known to me to be the person whose name is subscribed to the forcg ng instrument and
acknowledged to me that he/she executed the same for the purposes and consideration therein
expressed and as act and deed of aforesaid PERMITTRE.
VEN UND R MY IiAND AND SEAL OF OFFICE this c;2Z day
of �4�l1�t,� _ ,
JANETALLEN
My NOINY IIb 03 No u is in an for the of Texas
Expires September 121Z , 2024
My Commission I?xpires: xy
T
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
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Located at the Intersection of Vanda Avenue and 44th Street
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Merchants
Jon Niermann, Chairman 0"061Tv"!
Emily Lindley, Commissioner
Bobby Janecka, Commissioner
Toby Baker, Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
June 9, 2021
Beren Gomez, Right of Way Agent
City of Lubbock
1314 Avenue K
Lubbock, TX 79401
Via e-mail: bgomez@mylubbock.us
Re: Street Use License / Monitor Well Permit in Vicinity of Leaking Petroleum Storage Tank
(LPST)# 93997, 4201 Martin L. King Blvd, Lubbock TX 79404.
Dear Ms. Gomez:
I am an attorney with the Texas Commission on Environmental Quality. I work with the TCEQ
Remediation Division on sites which require environmental cleanup.
I am writing concerning a street -use license renewal in relation to Leaking Petroleum Storage Tank
#93997. In the past, the site was being worked in the Petroleum Storage Tank Reimbursement
Program (in which private parties could receive reimbursements from the State of Texas Petroleum
Storage Tank Remediation Account for conducting certain environmental cleanup actions);
however, that Program ended. The site is now being addressed directly (in what we call the State
Lead Program) by TCEQ contractor Daniel B. Stephens & Associates, Inc., a Geo-Logic Company.
Insofar as the State of Texas is now taking the lead on the remediation, I would like to respectfully
request that the $250 application fee and the renewal fee of $500 every five years be waived as to
State contractors working on behalf of the TCEQ in the particular circumstance of Leaking
Petroleum Storage Tank (LPST) site investigations and cleanups.
Even though I agree there is nothing unreasonable about the City of Lubbock charging this type of
fee, the issue for TCEQ is that we have legal requirements and statutory authorizations concerning
how public funds are spent. Texas Water Code 26.014 provides TCEQ with a general right of
access, while other sections describe what the Petroleum Storage Tank Remediation account funds
may be used for.
It is the normal process for this office to request municipalities and counties to waive fees
associated with State -performed (not private party -performed) groundwater monitoring access,
and we have received such waivers in the past. In those situations, reference to TWC 26.014 was
sufficient to achieve this.
Please let me know when might be a good time to discuss this if necessary. You may e-mail me at
cullen.mcmorrow@tceq.texas.gov. Also, if there is an appropriate legal contact at the City, please
feel free to forward this request to them.
Sincerely,
Cullen McMorrow
cc: Olusola Ayilara, TCEQ Project Manager, via e-mail: Olusola.Ayilara@tceq.texas.gov
P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov
How is our customer service? tceq.texas.gov/customersurvey �^
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