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HomeMy WebLinkAboutResolution - 5444 - Settlement Agreement - Ronnie Hamilton & Freddie Shaw - ;Andfill Permit, TNRCC - 03_13_1997RESOLUTION NO. 5444 Item #41 March 13, 1997 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 a Settlement Agreement between the City of Lubbock and Ronnie Hamilton and Freddie Shaw, attached hereto and 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 13th day of March 1997. WINDY SI ON, MAYOR APPROVED AS TO CONTENT: (�F� 6 C--�� Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: Hdrtsell, Supervising Attorney/ Trial Litigation Section :dklccdocs%ami1-shies March 3, 1997 RESOLUTION NO. 5444 Item #41 March 13, 1997 AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement is entered into this 13t11day of March , 1997, by and between the City of Lubbock, Texas, hereinafter referred to as "City", and Ronnie Hamilton and Freddie Shaw hereinafter referred to collectively as "Landowners". WHEREAS, the City desires to acquire property and obtain a permit for the operation of a landfill; and WHEREAS, the Landowners have been made parties to the Administrative Hearing and are opposed to the City obtaining the permit to operate a landfill; and WHEREAS, the Landowners and the City both desire to forego the time and expense of an Administrative Hearing, they hereby agree to the following: The Landowners agree (1) to withdraw completely as participants in the Administrative Hearing, and (2) not to participate, support, aid or assist in any manner, any party or person(s) who may appeal the issuance of the landfill permit by the Texas Natural Resource Conservation Commission (TNRCC): (1) The City agrees to provide to the Landowners, when requested, the results of any well tests performed on any wells at the landfill site at no expense to the Landowners. (2) The City agrees to test the wells of the Landowners, periodically, at the discretion of the City and at the City's expense. Such tests shall be performed by the Underground Water District or, if they are not available, by Southwest Laboratories. (3) The City agrees to perform base line tests, deemed appropriate by the City's water quality personnel, on the Landowners wells at its own cost before the initial construction of this landfill. (4) If, in the future, the Landowners' water supply is contaminated and such contamination is the result of the operation of the landfill, the City will provide an appropriate suitable alternate water supply, for domestic purposes only, and will perform any remedial work as is required by regulatory agencies. (5) If the Landowner's water well drops to levels that will not supply an adequate amount of water for domestic purposes to meet the needs of those dependent on that particular well, the City will allow the Landowner to tap into any of the City's water sources or lines, which are used to support the landfill operations. The City will agree to pay the cost of the tap -in. The Landowner agrees to pay for the cost of the water at the same rate as the City of Lubbock taxpayers who receive water service from the City. This consideration is contingent upon there being no regulatory prohibition(s) in place, including, but not limited to, a requirement to obtain a Certificate of Convenience and Necessity. The City will exercise due diligence to obtain a Certificate of Convenience and Necessity, if necessary. (6) The City will hire a Class A Certified Solid Waste Superintendent with waste screening certification to run the landfill. (7) The City will have a Class A Certified Landfill Supervisor or Landfill Foreman who will office at the landfill site. (8) The City will have an Environmental Compliance Specialist who will have an office on site and will be available to monitor landfill activities. (9) The Environmental Compliance Specialist, the Landfill Supervisor or Foreman, and the Solid Waste Supervisor or Foreman will be personally introduced to the Landowners so as to promote good relations between the City and it neighbors. (10) The City agrees to landscape the facility in accordance with the landscaping plan as shown in Exhibit "A" which is attached hereto and incorporated herein. (11) The City agrees to abide by its option contract with the Anderson family dated November 18, 1993, regarding the residential structure located on the Anderson property. (12) This Agreement shall be binding upon and inure to the benefit of the City and the Landowners and their respective heirs, successors, and assigns or legal representatives. (13) The City will advise the TNRCC about any inaccuracies as identified by the Landowners and take the action required by TNRCC. SETTLEMENT AGREEMENT PAGE 2 This Settlement Agreement states the entire agreement between the City and the Landowners with respect to the matters discussed herein and supersedes all prior or contemporaneous oral or written understandings, agreements, statements or promises. . This Settlement Agreement may not be amended or modified in any respect except by a written instrument duly executed by all of the parties to this Settlement Agreement. If this Settlement Agreement does not become effective for any reason, it shall be deemed negotiations for settlement purposes only and will not be admissible in evidence or usable for any purposes whatsoever. This Settlement Agreement has been and shall be construed to have been drafted by all the parties to it so that the rule of construing ambiguities against the drafter shall have no force or effect. If any portion or term of this Settlement Agreement is held unenforceable by a court of competent jurisdiction, the remainder of the Settlement Agreement shall not be affected and shall remain in full force and effect. This Agreement shall be in full force and effect only if it is agreed to by Ronnie Hamilton and Freddie Shaw. If one (1) of these Landowners does not execute this Settlement Agreement than this Agreement shall not be binding upon the City. It is understood that this Settlement Agreement becomes effective only if the City does not have to present its case in front of the State Office of Administrative Hearing (SOAH) or the TNRCC in a formal public hearing as a result of the protests of the undersigned Landowners. If, for any other reason, the City is forced to present its case in front of SOAH or the TNRCC in a formal public hearing, the parties will be bound by this Agreement. SETTLEMENT AGREEMENT PAGE 3 DATED this 13 th day o f March CITY OF LUBBOCK: 1997. LANDOWNERS: 4��4i WINDY SITt6N, MAYOR Ro•'nnie Hamilt ATTEST: Freddie Shaw KaytltDarnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right-of-Wa APPROVED AS TO FORM: lefflIartsell, Trial Attorney dp jh other d# 11sa-ham.doc February 27, 1997 SETTLEMENT AGREEMENT PAGE 4 Page is too large to OCR.