HomeMy WebLinkAboutResolution - 021452A - Effluent Disposal Extension Agreement - Gray Et Al - Boles Estate Lands - 02_14_1952 kSZA=L
;, . , "J., RESOLUTION
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WHEREAS , on or about the 23d.day of November, 1948, the City of
! Lubbock entered into a written agreement with J. Frank Gray and others, desig-
nated "owners" in said agreement, which provided for the disposal of certain
effluent, and which said agreement further provided that said "owners' should
have the privilege of making arrangements for other property owners for dispos-
ing of the effluent on other lands, with the consent of the governing body of the
1cu�g �s* City of Lubbock, 'duly expressed by a Resolution, subject to the terms and con-
ditions to be stated in such Resolution, and,
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"C WHEREAS, said."owners" desire to furnish effluent to lands owned by or
in possession of Mrs, George M. Boles and the heirs of George M, Boles,
V deceased, of approximately four hundred (400) acres, THEREFORE,
BE IT RESOLVED BY THE CITY .COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. That J. Frank Gray, et al, designated as "owners" in said
contract dated November 23, 1948, are hereby authorized to =kke arrangements
with Mrs. George M. Boles and the heirs of George M. Boles, deceased, for
the disposal of effluent under the following conditions:
(a) That such effluent shall never be handled, stored, transported or dis-
posed of by the said Mrs, George M. Boles and the heirs of George M. Boles,
deceased, 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 conditions and
�.� terms of the said agreement entered into between the City and J. Frank Gray,
et al, and all costs pertaining thereto shall be paid by J. Frank Gray, et al,
and/or Mrs. George M. Boles, et al.
(c) That any arrangements made between the said Mrs. George M. Boles
and the heirs of George M. . Boles, deceased, 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 Mrs. George M. Boles,
the heirs of George M. Boles, deceased, their heirs or assigns.
(d) That the said Mrs. George M. Boles and the heirs of George M. Boles
deceased, 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
nature, which may grow out of the transportation to, or storage, handling and
use of such effluent upon said lands.
" On motion of Commissioner Hutstedler , seconded by Commission
Therms , the foregoing Resolution was unanimously passed by
vote of the City Commission this 14th day of February , 1952.
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ATTEST: _M�1
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