HomeMy WebLinkAboutResolution - 701A - Amendment To Contract - TTU - Sewage Effluent Contract 01_03_1962 - 06_23_1983JWF/mck
RESOLUTION
RESOLUTION 701 - A - 6/23/83
Amends Reso. 701 - 1/22/81
Orig. Contract: 1/3/62
WHEREAS, Texas Tech University formerly known as Texas Technological
College at the time it executed with the City of Lubbock an agreement entitled
"SEWAGE EFFLUENT CONTRACT BETWEEN THE CITY OF LUBBOCK, TEXAS AND TEXAS TECHNO-
LOGICAL COLLEGE" under date of January 3, 1962, said agreement being incor-
porated herein by reference as if fully copied here in detail in this place,
said agreement being for a term of twenty years from date sewage effluent was
first delivered to Texas Tech University with an option in favor of said Univer-
sity to renew the Contract for another ten years by notifying said City of its
intention to so do in writing 12 months prior to the termination of the original
term; and,
WHEREAS, Texas Tech University Board of Regents authorized President,
Lauro F. Cavazos, of said University to notify the City of Lubbock that said
University desired to exercise such option for a ten year extension of said
Contract as aforesaid, and it was determined that such notification in writing
was timely and lawfully made and done by said President of said University by a
letter to such effect addressed to City Manager, Larry Cunningham, of the City
of Lubbock dated December 5, 1980 and received by said City Manager's office on
December 8, 1980, as fully set forth in Resolution No. 701 passed by the City
Council of the City of Lubbock, on January 22, 1981, and such ten year option
was therefore granted by said Resolution; and
WHEREAS, Texas Tech University has requested that said contract be renewed
and extended for an additional ten years beyond the ten years extension affected
by the exercise of said ten years extension option by Texas Tech University as
hereinabove set forth, and the City Council of the City of Lubbock is agreeable
to granting such request to it made by Texas Tech University; NOW THEREFORE:
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 an amendment to said contract
entitled " SEWAGE EFFLUENT CONTRACT BETWEEN THE CITY OF LUBBOCK, TEXAS AND
TEXAS TECHNOLOGICAL COLLEGE" under date of January 3, 1962, said amendment to
be entered into by and between said City and Texas Tech University as successor
of Texas Technological College, so as to extend the term of said contract for
an additional ten years beyond the ten year extension option already exercised
by Texas Tech University as set forth in the preamble hereof; said amendment
attached herewith 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 Resolu-
tion as if fully copied herein in detail.
Passed by the City Council this 23rd day o e 1983.
BILL cAL STER, MAYOR
ATTEST:-
2
A
EJelyn Gaffga,"City SetfretareTreasurer
APPROVED AS TO CONTENT: //
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Willie tson, Water Utilities Engineer
APPROVED AS TO FORM:
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J. WorUullingim, Assis`Eant City Ataftorney
RESOLUTION 701A - 6/23/82
Amends Reso. 701 - 1/22/81
SIO`j Orig. Contract: 1/3/62
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AMENDMENT TO SEWAGE EFFLUENT
CONTRACT BETWEEN THE CITY OF
LUBBOCK AND TEXAS TECH UNIVERSITY
In consideration of the mutual covenants and agreements made
by and between the City of Lubbock and Texas Tech University (as
the successor of Texas Technological College) in a Sewage
Effluent Contract between said parties dated January 3, 1962, for
a term of twenty (20) years as extended for another ten (10)
years by exercise of the ten (10) year extension option by Texas
Tech University as set forth in Resolution No. 701 passed by the
City Council of the City of Lubbock on January 22, 1981, said
contract is hereby amended as follows:
"Said contract is amended to extend the term thereof for an
additional term of ten (10) years beyond and in addition to
the ten (10) year extension option already heretofore
exercised by Texas Tech University as hereinabove set forth,
to the end that the original term of said contract of twenty
(20) years as extended by the ten (10) year extension option
heretofore exercised by Texas Tech University plus the ten
(10) years addition extension being added by this amendment
aggregates a total duration of forty (40) years for this
contract as here amended. During the last ten (10) years of
this contract as extended by this amendment, the cost of the
chemical treatment may be re -negotiated to the extent
necessary to protect the City of Lubbock should there be any
increase in such cost. Except as hereby amended, said
contract shall remain in all other respects the same, and in
full force and effect as hereby amended."
This amendment is executed in duplicate originals as of this
23rd day of June
CITY OF LUBBOCK
BI-L M&ALISTER, MAYOR
ATTEST:
Evelyn ffga
City Secretary-Treasur
, 19 83 .
BOARD OF REGENTS
TEXAS TECH UNIVERSITY
H IRMAN
ATTEST:
Secretary -
;gqr AV, JOAD OP UG NT1
O(V)
Texas Tech University
Texas Tech University Health Sciences Center
Office of Vice President for Finance and Administration
June 14, 1983
Mr. Sam Wahl
Director of Water Utilities
City of Lubbock
P. 0. Box 2000
Lubbock, Texas 79457
Dear Sam:
a
The legislative appropriation for Texas Tech includes funds for
water curtailment. While we did not get the maximum amount that
we had requested, we did get sufficient funding to permit Tech to
expend from one-half to three-quarters of a million dollars to
upgrade the water handling and sewage effluent facilities.
As you are aware, we are in the first year of the new ten-year
effluent contract. In order to justify the large expenditures we
are considering for more efficient handling and use of the
effluent, it is highly desirable to have assurance that the
sewage effluent will be available for a longer period of time.
In previous meetings, we discussed the possibility of extending
the effluent contract for an additional eleven years to provide a
twenty-year contract. If such an arrangement is possible, our
Board of Regents would like to consider the extension at their
August 3rd meeting in connection with any commitment for the use
of the water curtailment funds.
Would you please investigate the possibility of extending the
sewage effluent contract. Mr. Fred Wehmeyer will be handling
this matter for Texas Tech, and I would appreciate your con-
tacting him (742-2112) as soon as you have information available.
Sincere l ,
n _9'
Eugene E, yne, Ph.D.
Vice Presi ent for Finance
and Administration
EEP:FJW:gw/EEP62
cc: Mr. Fred Wehmeyer
Box 4469/Lubbock, Texas 79409/(806) 742-2196