HomeMy WebLinkAboutResolution - 5519 - Street_Alley And_Or CPGMW Permit - William M Groux - Melinie Park Addition - 06_26_1997Resolution No.5519
Item #7
June 26, 1997
USOLUTION
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 William M. Groux, 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 26th day of June , 1997.
ill
ATTEST:
Kay Nie Darnell, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
fi��A��a -
arold Willard, Assistant City`Attorney
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May 29, 1997
Resolution No.
Item #7
June 26, 1997
STREET/ALLEY AND/OR CITY
PUBLIC GROUNDS MONITOR WELL PERMIT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This indenture made this day of , 1997, being
the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and WILLIAM M. GROUX, hereinafter called "PERMITTEE."
WITNES SETH:
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:
BEGINNING at a point which is 54.00 feet East and 4.00 feet South of the
Southwest corner of Lot 435, Melonie Park Addition to the City of Lubbock,
Lubbock County, Texas;
THENCE 2.00 feet East to a point;
THENCE 2.00 feet South to a point;
THENCE 2.00 feet West to a point;
THENCE 2.00 feet North to the POINT OF BEGINNING.
Texas Natural Resource Conservation Commission, hereinafter referred to as "T.N.RC.C.,"
leaking petroleum storage tank, L.P.S.T. Site No. 105345 .
The term of this grant shall be for five (5) years from date hereof, and shall be
automatically extended for successive five (5) year terms not to exceed twenty (20) years 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 PER UTTEE. 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 N0/100
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 PERIvIITTEE, 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 FIVE HUNDRED AND N0/100
DOLLARS ($500.00) 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 request is denied by the City Council.
2. The PERMITTEE 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 well, inspecting the monitor well or testing of water samples and removal of
the monitor well. All drilling fluids and cuttings are to be emptied at T.N.R.C.C. approved sites
and not be emptied onto City streets, alleys or City -owned property.
3. In the event the CITY OF LUBBOCK determines that the existence of such use
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 such 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 and 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. PERMTTEE 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 well. The CITY OF LUBBOCK, at its option, may require an agreement with any contractors
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 City Attorney
for 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 the 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
additional licensing costs incurred as a result of the new wells.
7. After 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 T.N.R.C.C., 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
WHIJAM M. GROUX - 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 furnish 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 PERNRTTEE, its
successors and 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 2000, Lubbock, Texas 79457. Written notices
required hereunder should be mailed to the PERMITTEE, WII.LIAM M. GROUX, 3408 75th
Street, Lubbock, Texas 79423.
CITYLOF LUBBOCK
a: -A- - A-
A ST:
ayt ' arne , City Secretary
APPR VED AS TO CONTENT:
APPROVED AS TO FORM:
Hrold� Assistant City Attorney
AGREED TO AND ACCEPTED this 26th day of June 1997.
PERMITTEE:
WILLI � MGROUX•����L6
STREEVALLEY AND/OR CITY PUBLIC GROUNDS MONrrOR WELL PERMIT
WRJJAM M. GROUX - 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 WINDY SMON, 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 she 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 BOY— day of
1997.
[Seal] q
Notary Public in and for the State of Texas
• "'` '"" KATHERINE EGGER ��
`, I Notary Public, State of Texas
�'•• My Commission Expires 10.897 ��'��►'�'e' F�CtW
Printed or Typed Name of Notary
My Commission Expires: p I.• Otl
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 WILLIAM M. GROUX, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein stated. ,'
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
`fin P _ .1997.
[Seal]
uARLA JEAN TERRY
Notary Public, State of Texas
E My commission Expires $/Zq/rz
HW:gs/P-WmGrou.Doc
D5.1-Dceds Esmts/Permits May 29,1997
Notary Public in for the State of Te6as
('.Arta TUML f erv-4
Printed or Typed Name of Notary
My Commission Expires: QD
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT
WILLIAM M. GROUX — PAGE 4