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HomeMy WebLinkAboutResolution - 122850D - J. Frank Gray Et Al To Make Arrangements With V.V. Clark For Effluent Disposal - 12_28_1950 RESOLUTLfJN �'D W HERE A S , on or about the 23a .day of November, 1948, the City of Lubbock entered into a written agreement with J. Frank Gray and others, designated ('owners" in said agreement, which provided for the disposal of certain effluent, and which,said agreement further provided that said �Iowners" should have the privilege of making arrangements ,for other property owners for disposing of the effluent on other lands, with the consent of the governing body of the City of Lubbock, duly expressed by a Resolution, subject to the terms and conditions to be stated in such Resolution, and, WHEREAS , said "owners " desire to furnish effluent to lands owned by or in possession of V. V. Clark, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: 74 SECTION 1, THAT .J. Frank Gray, et al, designated as "owners" in said contract dated November 23, 1948, are hereby authorized to make arrangements with V. V. Clark for the disposal of effluent under the following conditions: .�--�--'-- (a) That such effluent shall never be handled, stored, trans- ,,. l S. ported or disposed of by the said V. V. Clark in a manner which will or may be calculated to create,a nuisance to'adjoining or nearby residents or property owners. (b) That any arrangements made shall be subject to the condi- tions and terms of the said agreement entered.into between the City and J. Frank Gray, et al. (c) That any arrangements made between the said V. V. Clark and J. Frank Gray, et al, shall never be construed as binding the City ,of Lubbock to deliver any quantity of effluent upon the lands of or under control of the said V. V. Clark, his heirs or assigns. (d) That the said V. V. Clark and all persons having an interest in the lands to which the effluent is to be delivered agree to indemnify and hold harmless the City of Lubbock and J. Frank Gray, et al, against any and all costs,,_.claims_and damages of.every.natur_e,-whi.ch_may grow out of the transportation to, or storage, handling and use of such effluent upon said lands. On motion of Commissioner Hum s-i,edler , seconded by Com- missioner. Thom s � , the foregoing Resolution was unanimously passed by an affirmative vote OT the City.Commission this 2$tl ay of Decemberi' 1950. AT:TESTc LG� Mayor City 'Secre ary