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HomeMy WebLinkAboutResolution - 3900 - Amendment #2 To Water Supply Agreement - BRA - Fee Title To Mineral Interests - 05_28_1992Resolution No. 3900 May 28, 1992 Item # 14 RESOLUTION 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 Amendment No. 2 to Water Supply Agreement by and between Brazos River Authority and City of Lubbock, 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 ATTEST: aneltte uoya, City 5ec`het-ary APPROVED AS TO CONTENT: D Haw lns, Director of Water Utilities APPROVED AS TO FORM: n C. Koss, Jr., Clty Attorney JCR:da/AGENDA-D 1 /A-BRAZOS. res BRAZOS RIVER AUTHORITY 4400 COBBS DRIVE • P.O. BOX 7555 • TEL EPHONE AREA CODE817776-1441 WACO, TEXAS 76714-7555 Mr. Dan A. Hawkins Director of Water Utilities City of Lubbock P. O. Box 2000 Lubbock, Texas 79457 Dear Mr. Hawkins: October 27, 1992 OCT 2 9 19U }fit 46 "'ES Re: Amendment No. 2 to "Water Supply Agreement by and between Brazos River Authority and City of Lubbock" Enclosed is a copy of the referenced amendment to the contract which has been executed on behalf of the Brazos River Authority. Please contact me if you have any questions regarding this document. Sincerely RICHARD KUSLER Property Administrator RK:dg Enclosure Resolution No. 3900 May 28, 1992 Item #14 AMENDMENT NO. 2 TO "WATER SUPPLY AGREEMENT BY AND BETWEEN BRAZOS RIVER AUTHORITY AND CITY OF LUBBOCK" Amendment No. 2 dated this 28th day of May , 1992, to Water Supply Agreement by and between Brazos River Authority ("Authority"), a river authority of the State of Texas, and the City of Lubbock, Lubbock County, Texas ("City"), a home rule city organized under the State of Texas. 1. RECITALS. Authority and City are parties to an Agreement dated May 11, 1989, entitled "Water Supply Agreement by and between Brazos River Authority and City of Lubbock" ("Base Agreement") relating to the construction and operation of Lake Alan Henry on the South Fork of the Double Mountain Fork of the Brazos River in Kent and Garza Counties, Texas. In Base Agreement, Lake Alan Henry is called "Lake" and the term "Project" is defined as meaning Lake, together with certain municipal and intake facilities. Base Agreement requires Authority to construct Project and City to acquire all land and land rights not already owned by it and needed in connection with construction, operation and maintenance of Project and to grant easements over the lands in question which are needed by Authority in connection with Project. Amendment No. 1 to said Base Agreement provides that the Authority shall obtain the subordination of certain affected outstanding oil, gas and other mineral interests affected by Project, and that said Authority acquire certain existing facilities ("Facilities"), which are used or designed for use in the exploration for production of, transportation of and/or storage of oil, gas and minerals which may be affected by Project. The purpose of this Amendment No. 2 to Base Agreement and to Amendment No. 1 is to provide for Authority, rather than City, to obtain fee title to any mineral estates, if required, subject to approval by City Council, in addition to the duties set out in Amendment No. 1 herein referenced. Except as amended by Amendment No. 1 and Amendment No. 2, the Base Agreement shall remain in full force and effect. 2. FEE MINERAL ACQUISITION. Authority agrees that it will, if required, obtain fee title mineral of such affected outstanding oil, gas and other mineral interests affected by the Project, subject to approval by Council, in addition to all duties as set out in that Amendment No. 1 to Base Agreement herein referenced. 3. COSTS AS PROJECT COSTS. Costs incurred by Authority in obtaining fee title mineral pursuant to Section 2 above shall be deemed Project Costs. 4. ASSIGNMENT OF RIGHTS UPON CITY'S ASSUMPTION OF OPERATION. Authority agrees that upon City's assumption of operation of Project, pursuant to its rights under provisions of Section 14 of Base Agreement, Authority will, within a reasonable time after such assumption, upon written request from City, make written assignments of all rights acquired by it pursuant to this Amendment No. 2 unto City with such assignments to be in form satisfactory to Council for City. CR BRAZOS RIVER AUTHORITY cq��BY: *-/ * Roy A. Roberts, P.E., General Manager ATTEST: BY: no4, r Assistant Secretary Amendment No. 2 to "Water Supply Agreement by and between Brazos River Authority and City of Lubbock" - Page 2 ATTEST: R ette Boyd, City Secretary APPROVED AS TO CONTENT: rldn Hawkins, Director of Water Utilities APPROVED AS TO FORM: �Aln C. Ross, Jr., City Attorney JCR:da/INST-D8/A-BRAZOS. doc May 19, 1992 Amendment No. 2 to "Water Supply Agreement by and between Brazos River Authority and City of Lubbock" - Page 3