HomeMy WebLinkAboutResolution - 4946 - S_A &_Or CPGMW Permit-Jones Environmental Inc-West Right Of Way, Frankford Ave - 09_14_1995Resolution No. 4946
September 14, 1995
Item #18
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 a Street/Alley And/Or City Public Grounds
Monitor Well Permit by and between the City of Lubbock and Jones Environmental, Inc.,
attached hereto, 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 14thl' day of \ Septe , , 1995.
ATTEST:
Betty M. Johnson, 67ity Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agejf
APPROVED AS TO FORM:
Harold Willard, Assistant City Attorney
RMis/JONESENVAES
ocdocs/August 10, 1995
r Resolution No. 4946
September 14, 1995
Item 818'
STREET/ALLEY AND/OR CITY
PUBLIC GROUNDS MONITOR WELL i PERMIT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this 14th day of September , 1995, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and JONES ENVIRONMENTAL, INC., hereinafter called "PERMITTEE."
WITNESSETH:
Subject to the terms, conditions, and provisions herein, the CITY OF LUBBOCK 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 groundwater monitoring wells, to -wit:
METES AND BOUNDS DESCRIPTION of a ground water monitoring well
located in the West right-of-way of Frankford Avenue: 60.00 feet South and
56.00 feet West of the Northeast corner of Block A-K, Section 29, Lubbock,
Lubbock County, Texas.
METES AND BOUNDS DESCRIPTION of a ground water monitoring well
located in the West right-of-way of Frankford Avenue: 130.00 feet South and
56.00 West of the Northeast corner of Block A-K, Section 29, Lubbock, Lubbock
County, Texas.
Texas Water Commission leaking petroleum storage tank, L.P.S.T. Site No. 104724 .
The term of this grant shall be for five (5) years from the 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 PERMITTEE. Said notice shall be deemed properly served
if deposited in the post office, postage paid, addressed to PERMITTEE at the last known address
of PERMITTEE. Application fee for this permit is ONE HUNDRED FIFTY AND NO/100
DOLLARS ($150.00) 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 PERMITTEE, 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 PERMITTEE for which
PERMITTEE shall be liable.
In addition to the permit application fee, PERMITTEE shall pay to the CITY OF
LUBBOCK as compensation for such grant the sum of ONE THOUSAND AND NO/100
DOLLARS ($1,000.00) cash in advance contemporaneously with the acceptance and execution
hereof by PERMITTEE for the first five (5) year 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. The fee for the first five (5) year term of this
permit shall be tendered in the form of a certified or cashier's check prior to placement of the
request for this permit on the City Council Agenda. Such fee shall only be refundable if this
permit is denied by the City Council.
2. The PEFMITTEE 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 wells, inspecting the monitor wells or testing of water
samples and removal of the monitor wells. All drilling fluids and cuttings are to be emptied at
Texas Water Commission approved sites and not be emptied onto City streets, alleys, or other
City -owned property.
3. In the event the CITY OF LUBBOCK determines that the existence of the use
herein granted 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 franchised 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 PERMITTEE 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 con-
struction 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 OF LUBBOCK, its agents, servants and employees harmless from any
and all claims, demands, actions, causes of action, suits at law or in equity 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 wells. The CITY OF LUBBOCK, at its option, may require an agreement with any con-
tractors 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 PERMITTEE 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 a street or alley area is ever widened and any of the wells are found to be
located in the portion to be widened and must be relocated, PERMITTEE must fill the wells so
located and drill new wells at PERMITTEE'S sole expense. PERMITTEE will be responsible for
any additional licensing costs incurred as a result of the new wells.
7. Upon termination or cancellation of this permit, all of the wells shall be
permanently filled and capped to the requirements of the City, the Underground Water
Conservation District, the Texas Water Commission 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 required to furnish to the CITY OF LUBBOCK a
policy of public liability and property damage insurance within limits as follows:
Comprehensive General Liability Insurance
Amounts - Bodily Injury $500,000 each occurrence
Property Damage $100,000 each occurrence
$100,000 for aggregate
OR
Commercial General Liability Insurance
Amount - $600,000 combined single limit each
occurrence and in the aggregate
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT
JONES ENVIRONMENTAL, INC. --- PAGE 2
Solely at PERMITTEE'S expense, PERMITTEE shall do one of the following:
(1) PERMITTEE may furnish a separate insurance policy showing the CITY
OF LUBBOCK as named insured; or
(2) PERMITTEE may ftmiish 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 or 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.
Written notices required hereunder shall be mailed to the CITY OF LUBBOCK,
addressed to the City Manager, P. O. Box 2A100. Lubbock, Texas 79457. Written notices
required hereunder should be mailed to the PERMITTEE, JONES ENVIRONMENTAL, INC.,
415 West Wall, Suite 440, Midland, Teas 79701. /�'—>
ATTEST:
etty Johnson, Caty Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
arry ert, City Engineer
APPROVED AS TO FORM:
arolstant City Attorney
AGREED TO AND ACCEPTED this day of , 1995.
PE TT
E:
JONES E IRON T , IN
BY:-
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT
JONES ENVIRONMENTAL, INC. --- PAGE 3
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared DAVID R. LANGSTON, MAYOR of the CITY OF
LUBBOCK, 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, for the purposes and consideration therein expressed and in the capacity herein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1995.
[SEAL]
N Public in and for the State of Tex
_ - Printed or Typed Name of Notary
i` My Commission Expires: 7 /-1?
LAtAtS(A 0 A
THE STATE OF !1: §
pPr2 is"
6400MOF t 0SStti2 § PAeK+i
BEFORE ME, the undersigned authority, a Notary Public in and for said JOW and
State, on this day personally appeared `(Vatt4!�j . i ,
known to me !to be the person whose name is subscrid to -the foregoing instrument and
acknowledged to me that he/she executed the same for the purposes and consideration therein
stated as the act and deed of aforesaid Permittee, JONES ENVIRONMENTAL, INC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ) Ate- day of
[SEAL]
1995.
Notary Public Wi and for the State of LAXL I A-04
-)AWL,y,J C- s14K
Printed or Typed Name of Notary
My Commission Expires: 6
MARILYN C. SMAS, Notary Public
Boccier ParisS, Lcuisi�no
HW:js,T-JONES.DOC jty Commission is for Li i,
CityAtt/August 10, 1995
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT
JONES ENVIRONMENTAL, INC. -- PAGE 4