HomeMy WebLinkAboutResolution - 2988 - Agreement - Lake Ransom Canyon Inc - Waste Water Disposal Permit - 12_15_1988(4 Resolution #2988
December 15, 1988
Item #31
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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 an Agreement
with Lake Ransom Canyon, Inc. concerning the City of Lubbock's water
disposal permit, attached herewith, 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 /,154CO,' day of 1988.
c ^
6. C. MCMI N, MAYOR
n6tte Boyd, City Secretary
APPROVED AS TO CONTENT:
Larry V tunningham,(_�Aty Manager
APPROVED AS TO FORM:
,q,4, , e--,)- , q
Nfin C. Ross, Jr., City Attorney
Resolution #2988
THE STATE OF TEXAS AGREEMENT REGARDING LUBBOCK
COUNTY OF LUBBOCK WASTEWATER DISPOSAL PERMIT
This Agreement is made and entered into by and between the
City of Lubbock (herein called "Lubbock"), a municipal
corporation located in Lubbock County, acting by and through its
undersigned duly authorized mayor, as authorized by specific
action of its City Council and Lake Ransom Canyon, Inc. (herein
called the "Company"), a Texas corporation located in Lubbock
County, acting by and through its undersigned duly authorized
president, as authorized by specific action of its Board of
Directors.
RECITALS
1. Lubbock filed an application with the Texas Water
Commission ("Commission") requesting an amendment to Permit No.
10353-02 for authorization to modify its sewage treatment and
disposal facilities;
2. The Town of Ransom Canyon (herein called "Ransom
Canyon") and the Company protested the.application, alleging that
Lubbock's wastewater disposal practices impaired Ransom Canyon's
water supply to the Company; and
3. Whereas Lubbock and the Town of Ransom Canyon have
reached an agreement as to a water supply contract; and
4. Whereas the Town of Ransom Canyon has agreed to
withdraw any protest it may have as to the pending permit above
referred to in Recital No. 1; and
5. Whereas the Company agrees to likewise withdraw any
protest it may have to the above referenced permit set forth in
Recital No. 1 simultaneously with the withdrawal of such protest
by the Town of Ransom Canyon; and
6. Whereas such withdrawals of protest shall be undertaken
within ten (10) days of the date of execution of a water supply
agreement between the City of Lubbock and the Town of Ransom
Canyon.
NOW THEREFORE, the parties do hereby agree as follows:
AGREEMENT
For and in consideration of the mutual promises, covenants,
obligations, and benefits described in this Agreement and as
further inducement for the City of Lubbock executing a water
supply contract with Ransom Canyon, Lubbock and the Company agree
as follows:
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Section 1. Withdrawal of Protest. Upon the execution of a
water supply contract between Lubbock and the Town of Ransom
Canyon, the Company will, within ten (10) days of such event,
file a motion with the Commission requesting the dismissal of the
Company's protest of Lubbock's application herein described in
Recital No. 1 of this agreement. The Company, its assigns,
successors, agents, servants and employees, and all persons,
natural or corporate, in privity with it or any of them, hereby
contract and agree that it shall not interfere in any way with
the application to amend Permit No. 10353-02 issued by the Texas
Water Commission.
Section 2. Effective Date. This Agreement shall take
effect and be binding on the parties hereto upon the date of its
execution.
Section 3. Governing Law. This Agreement shall be enforced
and construed in accordance with the laws of the State of Texas.
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EXECUTED as of the day of , 1988.
ATTEST:
Secretary
MAILING ADDRESS for notice:
Lake Ransom Canyon, Inc.
1500 Broadway
Suite 1124
Lubbock, Texas 79401
2
-&pM CANYON, INC.
President
ACCEPTED AND EXECUTED as of the 15th day of December , 1988.
THE CITY OF LUBBOCK
BY: 3457.
ATTEST:
Rane to Boyd, City Sear a
APPROVED AS TO FORM:
""-4 — <�2
tJ'ohn C. Ross, Jr., City Attorney
MAILING ADDRESS for notice:
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
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B. C. MCMINN, MAYOR
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE M , the un d authority, on this day personally
appeared rsigne, known to me to be
the person and officer whost name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of
the said Lake Ransom Canyon, Inc., a corporation, and that he
executed the same as the act of such corporation for the purposes
and consideration therein expressed, and in the capacity therein
stated.
ctqVEN I�ER MY HAND AND SEAL OF OFFICE, this day of
, A. D. 19Q('�ON .
Notary Pdblic, in and for
the State of Texas
My Commission Expires:
MY COMN.ISSION EXPIRES
I
�J't August 15, 1991