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Home My WebLink AboutResolution - 121169B - Purchase Option Agreement - Concentric Engineering Company - 12_11_1969RESOLUTION WHEREAS, the City Council has determined that it would be in the best interest of the City of Lubbock to acquire an option on a certain tract of land for possible purchase for use as a garbage land -fill site; and WHEREAS, it is the opinion of the City Council that the expression of approval of such option as voiced by individual members of the City Council on December 4, 1969, and the direction to the Mayor of the City of Lubbock to execute such option before the expiration of such offer, should be ratified and authorized in official session, NOW THEREFORE: 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 Purchase Option Agreement with Concentric Engineering Company covering property known as the "J. H. Felton property, " a copy of such purchase option agreement being 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; and THAT the act of the execution of the aforesaid purchase option agreement by the Mayor of the City of Lubbock as stated in the preamble hereto, BE and is in all things ratified as the fully authorized act of this Council. Passed by the City Council this 11 ATTEST: ,. . - �;D:;_:' � Laveriia Lowe, City ecretary- reasurer APPROVED: Fred O. Senter, Jr., City THE STATE OF TEXAS ) PURCHASE OPTION AGREEMENT COUNTY OF LUBBOCK ) * * * * * * * * * * This Agreement for a Purchase Option is made and entered into at Lubbock, Texas, this 9th day of October, A. D., 1969, by and between the CITY OF LUBBOCK, TEXAS, a Texas Muncipal Corporation, hereinafter called the "City", and CONCENTRIC ENGINEERING COMPANY, a corporation acting herein by and through its duly authorized officer, hereinafter referred to as "Concentric", WITNESSETH: WHEREAS, J. H. FELTON, Individually, J. H. FELTON, Authorized Agent, acting for MRS. MATTIE ROGERS AND OTHER OWNERS, hereinafter referred to as "Felton", is the owner of a one half section tract of land located and consisting of the East one half of Section 33, Block A, Lubbock County, Texas, and containing 320 acres more or less; and WHEREAS, Concentric and Felton have entered into a sales contract dated September 18, 1969, to purchase the said tract of land from Felton at a price of $88, 000. 00 and to be closed on or before December 31, 1969; and WHEREAS, Concentric through its contracts with Felton has the right of assignment; and WHEREAS, the City desires to acquire from Concentric an option to purchase the said tract of land; and NOW, THEREFORE, in consideration of the mutual covenants and agreements herein recited, by each to be performed, it is hereby agreed by the City and Concentric hereto as follows: 1. For and in consideration of the sum of TEN AND N0/100 DOLLARS ($10. 00) cash in hand paid by the City to Concentric and for other good and valuable considerations as hereinafter set forth, the receipt of all of which is hereby acknowledged and confessed, Concentric does hereby grant to the City the option to purchase the said tract of land, described above, subject to the terms and provisions shown below. Z. Concentric is presently submitting to the City a proposal for a shredding and baling garbage processing plant that would be owned and operated by the City. The purpose of this Purchase Option Agreement is to make it possible for the City to be assured that it can acquire the above described tract of land, under the conditions herein outlined, if the City contracts to purchase .a shredding and baling garbage processing plant from Concentric or any other corporation or person, which would be used for the purpose of handling all of .the garbage and refuse generated by the City. 3. If the City contracts with Concentric to build a shredding and baling garbage processing plant, the City shall have the option to purchase the said tract of land for a price of $88, 000. 00 plus payment of all closing costs commensurate therewith whether incurred by purchaser or seller. The option must be exercised on or before December 31, 1969. 4. If the City contracts with a corporation, company, or person other than Concentric to build a shredding and baling garbage processing plant, the City shall have the option to purchase the said tract of land at a price of $90, 000. 00, plus payment of all closing costs commensurate therewith whether incurred by the purchaser or seller. The option must be exercised on or -2- before December 31, 1969. WITNESS the execution hereof the date first above written, CITY OF LUBBOCK, TEXAS (A Texal-k4unicipal Corpgration) v NV vimI . D. Roger r., or OFFICIAL owd SEAL Atfornay ATTEST: M s. Lavenia Lo e, City Secretary CORPORATE SEAL ATTEST: D, H. N wman, Secretary CONCENTRIC ENGINEERING CO. (A Texas Business Corporation) John C. Thompson, President -3- THE STATE OF TEXAS ) COUNTY OF DALLAS ) BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared JOHN C. THOMPSON, known to me to be the person and officer whose name is subscribed to the foregoing instrument as President of CONCENTRIC ENGINEERING COMPANY and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed, and as the act and deed of said CONCENTRIC ENGINEERING COMPANY. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of October, 1969. N ry Public in and for Dallas County, Texas THE STATE OF TEXAS ) COUNTY OF DALLAS ) BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared D. H. NEWMAN, known to me to be the person and officer whose name is subscribed to the foregoing instrument as Secretary of CONCENTRIC ENGINEERING COMPANY and acknowledged to me that he executed the same for the purposes and considera- tion therein expressed, and as the act and deed of said CONCENTRIC ENGINEERING COMPANY. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9th day of October, 1969. __. N ary Public in nd for Dallas County, Texas -4- Ems 8171E PE;Jusi2TiEr1i Di `.�Eniiiti JAMES E. PEAVY, M.D., M.P.H. BOARD O. HEALTH COMMISSIONER OF HEALTH , AUSTIN. TEXAS Hu+aro. c. Moon.scN. M-o., cM A�•�AN• " _ Roc£Rro.Moncro.,Y.o..vl�c•cNA1PY.v ' \ ....—ET. TMJRYCN O. O.O.f.. SECRETARY J.17. COPCLANO, M.D. '� DEPUTY COMMISSIONER - . .. .. - .. �. _. - F. L.S1ARR£>• JR., M.C. CHARL Es MAX COLE. M.O. YIC RIC G. HOL COM B, O.O. - JONN M. SM:Tw :n., M.O. March 15, 1971 JESS R .E RE:% R. •.. ",Cc E. -SENSARC., M.S. ENG. James H. Granberry, M. D. , Mayor of Lubbock P. O. Box 2000 Lubbock, Texas 79408 Subject: Solid Waste - Lubbock County _ Lubbock - Proposed Site Evaluation N 33040.25', W 101051.60' Dear Doctor Granberry: The City of Lubbock's proposal for the establishment and operation of a municipal solid waste disposal site on a 318.73-acre tract, " approximately 1.5 miles north of the city`limits, has been reviewed and evaluated by this Department. Based on information provided by the City of Lubbock, a field inspection by this Department, an evaluation by the Texas Water Quality Board, and in accordance with Section B-2 of this Department's "Municipal Solid Waste Rules, Standards, and Regulations", the Texas State Department of Health has no objection to the operation of a sanitary landfill at the proposed location. We do recommend, however, due to the permeability of the underlying strata which may result in some seepage from the landfill into the Ogallala Formation, that suitable monitoring wells be drilled on the site to deter -mine by periodic ' chemical sampling, whether undue seepage is occurring. It is possible /that the existing irrigation wells on the property and in the immediate area may suffice.; -this should be determined by an engineering evaluation. - Please note that acceptance of this proposal is not necessarily perpetual and may be revoked at any tine if the operating ccnditions do not meet the minimum standards set forth in this Department's "Municipal Solid Waste Rules, Standards, and Regulations", or for any other good cause. The disposal operations gust be continuously in conformity with applicable State and local laws and.regulatioas and are subject to inspection by State and local authorities and health officials at any time. 0 i James H. Granberry, M. D. iHarch 15, 1971 ' Page 2 We wish to commend you for your interest in providing proper solid waste disposal facilities for the citizens of Lubbock and for your cooperation in these site approval procedures. Whenever we can assist you in your solid waste program activities, please let us know.- Sincerely, David L. Houston, P. E., Chief Environmental Development Program Division of Sanitary Engineering' TDT:skn cc: Texas Water Quality Board } Texas Air Control Program Lubbock City -County Health Department County Judge Region I, TSDH City Manager - — - - Director of Public Works - _ - - -- -- — - - - -- -•---