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HomeMy WebLinkAboutResolution - 072469C - Agreement - U.S. Geological Survey - Lubbock Industrial Area - 07_24_1969RESOLUTION 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 U. S. Geological Survey relating to a water recharge project 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 2 th day of Jules 1969. . R JR. , YOR ATTEST: iIW , jr., AGREEMENT FOR DRILLING OF TEST HOLES AND OBSERVATION WELLS; CONSTRUCTION OF WATER TRANSMISSION LINES AND INSTALLATION OF WATER METER FOR WATER RECHARGE PROJECT ON CITY OF LUBBOCK, TEXAS PROPERTY THIS AGREEMENT is entered into this 24th day of July, 1969, by and between The City of Lubbock, Texas, hereinafter called "Licensor", and the United States of America, by and through the Director, Geological Survey, U. S. Department of the Interior, hereinafter called "Licensee", pursuant to the Act of December 24, 1942, as amended (43 U.S. C. sec. 36 b). WITNESSETH: 1. Licensor, for and in consideration of the faithful performance by Licensee of all covenants and conditions herein contained and payment of the amount hereinafter provided, hereby consents and agrees to the excavation, construction, installation, maintenance, and exclusive use of test holes, observation wells, neutron moisture meters and instruments relating thereto; along with a trans- mission line and water meter to be installed in accordance herewith, hereinafter collectively referred to as "Structure, " by the Licensee upon and over the pro- perty of the Licensor as described in Paragraph 2 hereof, and the Licensor grants the right of ingress to and egress from the said Structure and property described herein for the purpose stated herein. This test hole is an opening which extends into the earth and is produced by drilling or augering methods. This observation well is a hole which extends into the earth and is pro- duced by drilling or augering, which may or may.not be cased or screened, and exists solely for the purpose of obtaining geologic and hydrologic in formation. 2. The said Structure shall be located, excavated and/or constructed as shown on attached drawing which is. made •a part hereof and its location is further described as situated east of the Lubbock Municipal Airport and north of the City of Lubbock Industrial Area, between City Wells 58 and 59. 3. Excavation, construction and/or installation of said structure shall begin at a mutually agreeable time after the effective date of this agreement. The said Structure and appurtenances thereof shall be excavated, constructed and main- tained in a good, safe, diligent and workmanlike manner. 4. The said Structure and appurtenances and all equipment and tools for the maintenance and use thereof placed in or upon said described property, except the water meter, shall remain the property of the Licensee and shall be removed, filled and/or plugged, etc., by the Licensee at its own cost and expense within a reasonable time after the expiration of this agreement or any renewal thereof. Upon removal, filling and/or .plugging, etc. of said Structure and appur- tenances, the Licensee shall restore said described property to as nearly as possZ)le the samelstate and condition existing prior to the excavation, construction and/or - installation of said Structure and its appurtenances. 5. The Licensee agrees to cooperate, to the extent allowed by law, in the submittal of all claims for alleged loss, injuries, or damages to persons or property arising from the acts of Licensee's employees, acting within the scope of their employment, in the excavation, construction. installation, use, maintenance, and/or removal of said Structure, appurtenances, equipment and tools pursuant to the Federal Tort Claims Act (28 U. S. C., 2671 et seq. ). 2 . 6. As consideration for the rights and privileges granted herein, the Licensee shall pay to the Licensor the sum of $1, 581. 71 covering the pipeline tap and meter installation, upon presentation of bill therefor, subject to the avail- ability of appropriations by the Congress and, in addition, the sum of $0.048 per one thousand gallons of water passing through such water meter, payable monthly, with such water charge adjusted at the end of each year of this agreement. 7. This agreement shall become effective on the day and year first above written, and shall continue in full force and effect for a period of two (2) years from effective date unless terminated by the Licensee at any time prior thereto upon thirty (30) days written notice to Licensor. 8. No member of or Delegate to Congress or Resident Commissioner after his election or appointment, either before or after he has qualified and dur- ing his continuance in office, and no officer, agent, or employee of the Government, shall be admitted to any share of this agreement, or to any benefit arising there- from, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 9. The Licensor warrants that he has not employed any person to solicit or secure this contract upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Licensee the right to terminate the agreement, or, in its 'discretion, to deduct from the agreement amount or consideration the amount of such commission, percentage, brokerage, or cont ingent fees. This warranty shall not apply to commissions payable by Licensor upon agreements secured or made through bona fide establi- shed commercial or selling agencies maintained by the Licensor for the purpose of securing business. 10. This agreement shall inure to the benefit of and be binding upon the successors, assigns, and transferees of the parties hereto, including successors of the Licensee in. control of the project or the portion thereof affected by this agreement. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. LICENSOR: LICENSEE: CITY OF LUBBOCK . 'BY ATTEST: UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR GEOLGGICAL SURVEY BY Title APPROVED: APPROVED: By Fred O, Senter, Jr., City Attorney Administrative Gfficer Water Resources Division Geological Survey