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HomeMy WebLinkAboutResolution - 082972A - Cooperative Agreement - Soil And Water Conservation District Et Al - 08_29_1972MR: kr RESOLUTION 08297Z /9L 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 COOPERATIVE AGREEMENT between CITY, LUBBOCK COUNTY SOIL AND WATER CONSER- VATION DISTRICT, TEXAS AGRICULTURAL EXPERIMENT STATION, and the UNITED STATES OF AMERICA, 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 ; 29th day of August , 1972. MORRIS W. TURNER, MAYOR ATTEST; z1 Lavenla Lowe, City ecretary-Treasurer APPROVED AS TO FORM: FA red O. Senter, Jr., City Attorney COOPERATIVE AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS LUBBOCK COUNTY SOIL AND WATER CONSERVATION DISTRICT TEXAS AGRICULTURAL EXPERIMENT STATION AND THE SOIL CONSERVATION SERVICE UNITED STATES DEPARTMENT OF AGRICULTURE Relative to: Acceleration of soil surveys for'land use planning in the metropolitan area of Lubbock (Lubbock County) Texas Authority: PL-46-74th Congress, 16 U.S.C. (590 a-f) 01 THIS AGREEMENT, made and entered into this '_A1of , 1972, by and between the City of Lubbock, Texas (hereinafter referred as the "Cooperator"), the Lubbock County Soil and Water Conservation DisV ict (here- inafter referred to as the "District"), the Texas Agricultural Experiment Station (hereinafter referred to as the "Station"), and the United States of America, acting by and through the Soil Conservation Service of the United States Department of Agriculture (hereinafter referred to as the "Service"). THE SERVICE, in carrying out its assigned responsibilities under applicable legislation, has need for certain information that may be obtained as a result of this cooperation; has certain resources avail- able, but does not have sufficient resources available to obtain the desired information within the period specified in this agreement. THE COOPERATOR, for planning purposes, has requested certain soil survey information that is presently unavailable, and within the limits of its resources, is willing to reimburse the Service for a -portion of the costs of obtaining such information within the period specified in this agreement upon receipt of a properly prepared billing. THE DISTRICT, in carrying out its objectives and responsibilities has a need for the soils information that may be obtained as a result of this cooperation. THE STATION, in carrying out its objectives, desires to review the soils work accomplished under this agreement, to assure coordination with other soils surveys in the State of Texas. THEREFORE, the Cooperator, the District, the Station and the Service deem it mutually advantageous to cooperate in this undertaking and hereby agree as follows; 1. THE COOPERATOR AGREES: a. That all information obtained under the terms of this agreement is public property, and is to be used by the Cooperator in the development of plans for planning park development for the City of Lubbock, Texas. b. To'reimburse the Service for a portion of the costs incurred in the acceleration of the soil survey,, to include: (1) Technical services of Service personnel - included herein are the costs of salaries and allied benefits such as leave, holidays, retirement, health benefits, and life insurance. (2) Clerical and typing services, including material costs, salaries, and personnel benefits,, -mentioned above. (3) Transportation of employees to sites th rougAout the area of the survey. (4) Soil Handbook. c. To reimburse the Service $1679.00 for the Cooperator's share in this cooperative effort based on a total cost estimate for the job of $1980.00. d. That the signature of the authorized representaitve of the Cooperator on this agreement is official notice for the Service to commence work. 2. THE SERVICE AGREES: a.- To provide the Cooperator with a detailed soil survey of the survey area (approximately 1300 acres). This is to include 1 copy of soil handboo} of this soil survey area. b. To abserb from its own appropriations that portion of the esti- mated costs of this undertaking not covered by the amounts to be reimbursed the Service as agreed to above. 3. THE DISTRICT AGREES: a. To provide assistance with landowners in arranging for access by Service employees to land areas, as necessary for performance of the soil survey. b. To furnish the Cooperator any available technical assistance in interpreting soil survey data resulting from this undertaking, and in applying it to county land use planning. 4.THE STATION AGREES: To collaborate with the Service in reviewing the work of the soil scientists so that the resulting data will be coordinated with the soil surveys in the State of Texas and will accurately reflect soil conditions in the survey area. J S. IT IS MUTUALLY AGREED: a. Completion Date - It will be the objective of the parties to t is agreement to complete all work under this agreement and have the soil survey in the possession of the Cooperator within 30 days after effective date of agreement. b. The area involved is the slopes and bottom of Yellowhouse Canyon from north Loop 289 to the Fort Worth and Denver Railroad in southeast Lubbock. The area is about eight miles long, averages about 1/4 mile wide and involves approximately 1300 acres. c. Method of'Payment - The Service will bill the Cooperator at the time and in the manner set forth as follows: ' Upon delivery of one copy of the soil handbook and the soil survey. d. Intent to Cooperate - . It is the intent of the Service to fulfill its obligations under this agreement. However, commitments cannot be made beyond the period for which funds have been appropriated by Congress. In event funds from which the Service may fulfill its obligations are not:appropriated,the Agreement will auto- matically terminate. Reimbursement will then be for work com- pleted that is otherwise eligible for reimbursement prior to the effective date of termination. e.. Renewals - This agreement will remain in force until June 30, 1973, or until the Soil Handbook and Soil Survey has been delivered to the Cooperator. If necessary, it may be affirmatively renewed each fiscal year by the parties through an exchange of correspondence until the pur. poses of the agreement are complete - but not later than the end of the fiscal year in which the work is completed. f. Modification - This agreement may be modified by amendment duly execute By —authorized officials of the Cooperator and the Services provided such modification does not extend the agreement beyond the close of the fiscal year in which the work is completed. g. Officials Not to Benefit - No Member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. IN WITNESS WHEREOF the Cooperator and the Service have executed this agreement as of the date first above -written. MIL CITY OF LUBBOCK, TEXAS The signing of this agreement was authorized by a resolution of the By; governing body of the City of Lubbock, Texas . ado ted P at a meeting held on g Title: ,1972. - Date: By: Date: LUBBOCK COUNTY SOIL AND WATER "CONSERVATION DISTRICT The signing of this agreement was authorized by body a resolution of the By: r governing of the Lubbock County Soil and Water Conservation District Title: yna,**-/ adopted at a meeting held on p 197,2. Date: _ By: ..` Date: TEXAS AGRICULTURAL EXPERIMENT STATION By: , Title: Date SOIL CONSERVATION SERVICE UNITED STATES DEPARDIENT OF AGRICULTURE Title: State Conservationist Date: Ap ved as to form: O, :Senter, Jr.,' City Attorney is ,