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HomeMy WebLinkAboutResolution - 061275K - Letter Of Agreement - Bureau Of Reclamation - LBK Regional Airport - 06_12_1975 (2)KJ: dw RESOLUTION 04/Z?5� 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 LETTER OF AGREEMENT between the CITY OF LUBBOCK and the BUREAU OF RECLAMATION regarding the crossing of an aqueduct serving the CANADIAN RIVER MUNICIPAL WATER AUTHORITY by the Perimeter Road serving the new Air Terminal, 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 12 day of June , 1975. ROY BASS, MAYOR ATTEST: � r Treva Phillips, City S retary-Treasurer APPROVED AS TO FORM: Fred Q. Senter, Jr. ��ity Attorney 1 (R0050775) UNITED STATES X � DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CANADIAN RIVER PROJECT, TEXAS i CONDITIONS UNDER WHICH THE UNITED STATES WILL NOT OBJECT TO A PERIMETER ROAD FOR LUBBOCK REGIONAL AIRPORT CROSSING THE AQUEDUCT, CANADIAN RIVER PROJECT, TEXAS THIS JOINT -USE AGREEMENT made this . 12 day of 1975, pursuant to the Act of Congress of June 17, 1902 (32 Stat. 388), and all acts amendatory thereof or supplementary thereto between the UNITED STATES OF AMERICA., hereinafter styled the "United States," represented by the officer executing this agreement, and the CITY OF LUBBOCK, TEXAS, hereinafter styled "City." WITNESSETH THAT: WHEREAS, the City has requested permission to cross the aqueduct, Canadian River Project, Texas, with a perimeter road for Lubbock Regional Airport; and WHEREAS, use of the aqueduct right-of-way for the aforesaid purpose in the manner and under conditions hereinafter set forth will not be incompatible with the United States use of the right-of-way for construction, operation, and maintenance of the Canadian River Project. NOW, THEREFORE, for and in consideration of mutual agreements and covenants herein contained, the parties hereto agree as follows: 1. The United States hereby grants permission to the City to construct a perimeter road at the Lubbock Regional Airport, a portion of which will cross the aqueduct, Canadian River Project, Texas, at approximate station 8103+80 and in the manner as shown on Exhibit "A," attached hereto, and by this reference made a part hereof in accordance with the terms and conditions hereinafter set forth. 2. Construction and maintenance of the road crossing the aqueduct at the above -described station are subordinate and subject to prior aqueduct easement of the United States, acquired to carry out purposes of the Canadian River Project as the same are now or hereafter may be planned, I (R0050775) 3. All rights of the United States and its successors and assigns to survey, construct, reconstruct, operate, maintain, and remove the road and all appurtenances -thereto are reserved unto the., United States. 4. The City shall design road crossing facilities necessary to protect the Canadian River Project aqueduct from damages and shall submit designs to the Bureau of Reclamation for approval prior to construction. The City shall construct such facilities in accordance with the designs as approved. 5. The City releases the United States from all liability for loss or damage to the road at the point of intersection of the road and aqueduct resulting from construction, operation, or mainte- nance activities on behalf of the City. 6. The City shall advise the general manager of the Canadian River Municipal Water Authority in sufficient time to permit, if necessary, inspection by said authority on behalf of the United States of construction work in progress and at completion of' construction within the aqueduct right-of-way. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first hereinabove written. UNITED STATES OF AMERICA .By APPROVED: Regional Directors Southwest Region Bureau of Reclamation CANADIAN RIVER MUNICIPAL WATER AUTHORITY CITY OF LUBBOCK By By ' S General Manager ROY tASS Title MAYOR � 2 � AS to DiTGN . F51 W. 61enulav r' � -r��t.'� P-4Cr1 fil P--{524.10 �90�o�1rN5lT`i� 6'P-152 (95%l7ENSlTY� Sl!54 'low --PRIL4M YTACK COAT- ` 14 C.•uP�1�ocIC Rt;�toNe.L aitzpot2T P�t2tMtT�a t2oan Not2tu 01= � 1VY. 2� FPAJF, TILL, -SMITH 4 co0P1r1; INC._