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HomeMy WebLinkAboutResolution - 101278A - Pipeline Agreement - LCC Institute Of Water Research - 10_12_1978RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1 THAT the Mayor of the CITY OF LUBBOCK, Be and is hereby authorized t? and directed to execute for and on behalf of the CITY OF LUBBOCK an Agreement between the CITY OF LUBBOCK and L. C. C. INSTITUTE OF WATER RESEARCH covering the construction of a sewage effluent pipeline, 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 hi detail Passed by the City Council this 12th day of October 1978. DIRK WEST, MAYOR ATTEST: - E elyn Gaff a, CIty Sec et r Treasurer APPROVED AS TO FORM: s, jr., t C ,. 0, . Ii act I PIPELINE AGREEMENT r� THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This agreement entered into this 12thday of October 1978 by and between the City of Lubbock, a Home Rule Municipal Corporation, of Lubbock County, Texas, hereinafter called "CITY" and L. C. C. Institute of Water Research, a Corpo- ration existing under the laws of the State of Texas, and located in Lubbock County, Texas, and hereinafter called "CORPORATION", each acting herein by and through its respective officers heretofore duly authorized. TTTTm=00U1T'CT WHEREAS the CITY and Standefer and Gray, Inc., heretofore entered into certain agreements relating to the delivery and disposal of sewage effluent from the City of Lubbock water reclamation, plant, and WHEREAS, the demand of the City of Lubbock for disposal of sewage effluent from the City of Lubbock due to growth of the City of Lubbock exceeds the disposal capabilities of the land covered by such agreements and it is now necessary to secure additional disposal areas for such sewage effluent and for control of pollution of CITY water supplies, and WHEREAS, the CORPORATION with the support of the United States of America through the Environmental Protection Agency of said government has pro- posed the delivery of such sewage effluent to properties owned or controlled by agree- ment by the CORPORATION which can use such sewage effluent in an extended waste- water treatment and water pollution control project to be funded by a grant from the United States of America Environmental Protection Agency. NOW THEREFORE in consideration of the mutual agreements and the consid- eration of the terms, conditions, and covenants to be kept and performed by the parties hereto, the CITY and the CORPORATION do hereby agree as follows: 1. The CORPORATION agrees to construct a pipeline for the purpose of transporting sewage effluent from the City of Lubbock water reclamation plant to Pipeline Agreement P. tracts of land owned or controlled by the CORPORATION and situated North of Wilson, Lynn County, Texas, and South of the City of Lubbock, Lubbock County, Texas, with the terminals and route of such pipeline to be determined by mutual agreement of the parties. 2. The cost of construction of such pipeline shall be borne by the CORPO- RATION including engineering services, the letting of bids and the construction of such pipeline with such construction meeting the approval of the City of Lubbock and various interested agencies of the United States Government and the government of the State of Texas; the CORPORATION agreeing to allow the City of Lubbock and said various agencies access to construction site for necessary inspections. 3. The City of Lubbock shall secure the necessary right-of-way for such sewage effluent pipeline and does hereby agree to the construction of such pipeline in such right-of-way. It is understood and -agreed that the right-of-way, whenever possi- ble, be within the street, highway and farm roads right-of-way of the State of Texas and counties of Lubbock and Lynn. The City and the CORPORATION hereby agree that upon completion of such pipeline and its acceptance by the CORPORATION and the CITY that the CITY shall be entitled to use such pipeline for the disposal and trans- porting of sewage effluent for the term of years which shall be determined by the parties hereto, and such use of the pipeline shallil a atlno charg-eto the CITY other than as may be set forth in this instrument. 4. The CITY and the CORPORATION shall secure the consent of Standefer and Gray, Inc, to the diverting of the CITY' S sewage effluent into the pipeline and such consent shall be a contingent factor upon the performance of this agreement. The CORPORATION shall submit engineering reports and construction specifications to the CITY for its approval and in addition shall name the CITY as an additional insured in insurance policies covering construction of the pipeline. 5. The CITY shall be responsible for the maintenance of such pipeline and liability for operating and maintaining and operating same once it becomes operational during the period of the grant term and thereafter. 6. It is understood and agreed that at the end of the project period, during which said project is funded by the United States of America Environmental Pro- tection Agency, with the exception of operating and maintaining funding to be furnished Pipeline Agreement P-3 by,the CITY with regard to the said pipeline, which period is understood to be 5 years from the start of the project, that the ownership of the pipeline will be vested in the CORPORATION by agreement between the CORPORATION and the United States of America. At such time the CORPORATION, by and with the consent of the United States of America, will convey its ownership in the pipeline to the CITY with the understanding that an agreement will then be entered into by and between the CITY and the CORPORATION covering the continued use by the CORPORATION of the sew- age effluent and the continued transportation of said effluent by the CITY to the CORPO- RATION through such pipeline and the continued operation and maintenance and assump- tion of liability therefor by the CITY and at the expense of the CITY. 7. This agreement is contingent upon the awarding of a grant to the CORPO- RATION by the United States of America Environmental Protection Agency for the above mentioned project, which grant includes funds for construction and engineering of said pipeline, and upon the awarding of such grant, this agreement shall be in full force and effect, and shall be implemented by executing of all agreements by the parties which agreements have heretofore been set out relating to participation in this project by the CITY and the CORPORATION. EXECUTED this 12th day of THE CITY OF LUBBOCK K WEST, MAYOR A EST: Evelyn Gaffga, City Sec t Treasurer APPROVEDD AS TO FORM: 2 r 4 �Z f hn C. Ross, Jr., City Attorney October A.D., 1978. L. C. C. INS.TITUTE OF 3YATER, RESEA� , President ATTEST: - Secretary APPROVED: NEW I THE STATE OF TEXAS COUNTY OF LUBBOCK CERTIFIED COPY OF RESOLUTION WE, B. R. Griffin, President and T. A. Hicks, Secretary of L. C: C. INSTITUTE OF WATER RESEARCH, a non-profit corporation (herein sometimes referred to as the CORPORATION), do hereby certify that CORPORATION is duly organized and existing under the Laws of the State of Texas; that all franchise and other taxes required to maintain its corporate existence have been paid when due and that no such taxes are delinquent; that no proceedings are pending for the forfeiture of its Certificate of Incorporation or for its dissolution, voluntarily or involun- tarily; that it is duly qualified to do business in the State of Texas and is in good standing in such State; that there is no provision of the Articles of Incorporation or by-laws of said CORPORATION limiting the power of the Board of Directors to pass the resolution set out below and that the same is in conformity with the provisions of said Articles of Incorporation and by-laws; that the Secretary is the keeper of the records and minutes of the proceedings of the Board of Directors of said CORPORATION and that on the 14th day of October 1978, there was held a meeting of the Board of Directors of said CORPORATION, which was duly called and held in accordance with the law and the by-laws of the CORPORATION, at which meeting a majority of the Directors were present; and that at said meeting the following resolution was duly and legally passed and adopted and the same has not been altered, amended, rescinded or repealed and is now in full force and effect: WHEREAS the City of Lubbock, a Home Rule Corporation of Lubbock County, Texas (hereinafter sometimes referred to as "CITY") and the L. C. C. INSTITUTE OF WATER RESEARCH (hereinafter sometimes referred to as "CORPORATION") , a non-profit corporation, organized and operating under the laws of the State of Texas, desire to cooperate and perform certain acts in the construction of a pipeline for the dis- posal of wastewater effluent from the CITY by transporting said effluent to lands owned or controlled by the CORPORATION in Lynn and Lubbock Counties in the State of Texas, and WHEREAS it is necessary that a contract be entered into between the CITY and CORPORATION agreeing to matters of participation by both CITY and CORPORATION in the construction of, the operation of and maintenance of and use of said pipeline, and describing the responsi- bilities and functions of each in this joint project, now therefore. - BE IT RESOLVED that the CORPORATION be and same is hereby authorized to enter into such a contract and execute same upon terms satisfactory to both CITY and CORPORATION, in order to accomplish said joint venture of pipeline construction, and also, BE IT RESOLVED that B. R. Griffin, President and T. A. Hicks, Secretary of CORPORATION be and same are hereby authorized by and on behalf of and in the name of the L. C. C. INSTITUTE OF WATER RESEARCH, to enter into negotiations with CITY and to determine in conjunction with CITY, the conditions of such a con- tract, and then to execute and sign any such contract arrived at in their respective capacities and to so execute and sign same as the act and deed of and in the name of the L. C. C. INSTITUTE OF WATER RESEARCH, and also, Certified copy of Resolution, Pg. 2 BE IT RESOLVED that any negotiations, agreements, terms of or other matters pertaining to contract above mentioned which have been entered into or made or arrived at by representatives of CORPORATION and CITY heretofore and prior to the passage of this Resolution, be and the same are hereby confirmed and agreed to by CORPORATION, and the above officers are hereby authorized and instructed to, in the name of and on behalf of CORPORATION to execute any documents necessary to confirm scenic. We further certify that the following persons are officers of L. C. C. INSTITUTE OF W R RESEARCH, and are the persons authorized to act an gn .n egoing resolution: ✓ ^ -President ri ✓ �, -Secretary IN WITNESS WHEREOF, we have hereunto set our hands as President and Secretary , respectively, of said corporation and have attached hereto the official seal of said corporation, this 14th da O 0 1978. PRESIDENT COAPORATE'tEAL �/ �� SECRETARY - '-HE-STA,T OF TEXAS y 'COUNTY OF LUBBOCK BEFORE ME the undersig.ned authority, on this day personally appeared B. R. GRIFFIN, PRESIDENT , of L. C. C. INSTITUTE OF WATER RESEARCH, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 14th day of October 1978. N&fy Public in SEAL County, T e x a s My Commission expires: 10-31-78 =-THE STATE OF TEXAS 1C'bU? TY'OFL T.TTRROCK BEFORE ME, the undersigned authority, on this day personally appeared T. A. HICKS, SECRETARY of L. C. C. INSTITUTE OF WATER RESEARCH,; known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN I. UNDER MY HAND AND SEAL OF OFFICE, this 14th day Of October 1978. tary Public in ana-rur--L—ubbock County, T e x a s My Commission expires: 10-31-78 SEAL