HomeMy WebLinkAboutResolution - 6614 - Agreement - Brazos River Authority - Law Enforcement At LAH - 11_11_1999Resolution No.6614
Nov. 11. 1999
Item No. 27
RESOLUTION
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 Respecting
Law Enforcement at Lake Alan Henry between the City of Lubbock and Brazos River
Authority, and any other related documents. Said Agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this 11th day of November _ 1999.
INDY SI ON, OR
APPROVED AS TO CONTENT:
Terry Ellerbtook -
Managing Director Water Utilities
APPROVED AS TO FORM:
Richard K. Casner
Natural Resources Attorney
RKC:cp CcdocsBRA-LAH-LawEnforcement.Res
November 2, 1999
Resolution No.6614
Nov. 11, 1999
Item No. 27
AGREEMENT RESPECTING LAW ENFORCEMENT AT
LAKE ALAN HENRY
Agreement Respecting Law Enforcement At Lake Alan Henry ("Agreement")
by and between BRAZOS RIVER AUTHORITY ("Authority"), a river authority of the
State of Texas, and CITY OF LUBBOCK ("City"), a home -ruled city of Lubbock
County, Texas.
1. RECITALS. Authority and City are parties to "Water Supply Agreement
By And Between Brazos River Authority And The City of Lubbock" ("Supply
Agreement") dated May 11, 1989, as amended. Under the provisions of Supply
Agreement, Authority has constructed Lake Alan Henry ("Lake") located on the South
Fork of the Double Mountain Fork of the Brazos River in Kent and Garza Counties,
Texas for the purpose of providing a water supply for City. All of the dependable yield of
Lake is committed to City. The portions of Lake located outside the bed and banks of
such stream are located is located on land owned by City. City has granted an easement
to Authority for use of said land in the operation of Lake. City owns and operates certain
municipal facilities on the shores of Lake. One of the functions of Authority as operator
of Lake has heretofore been law enforcement, both on the surface of Lake and in the area
around it, including the municipal facilities referred to in the preceding sentence. The
parties have agreed that City shall assume and Authority shall be relieved of law
enforcement functions related to the Lake. The purpose of this Agreement is to provide
for such assumption by City and relief of Authority.
2. ASSUMPTION OF LAW ENFORCEMENT RESPONSIBILITY. As of
thirty (30) days following notice from the Authority to Garza County terminating the
Agreement dated on or about May 29, 1998, regarding law enforcement activities at Lake,
City assumes responsibility for law enforcement on the surface of Lake Alan Henry and
on the lands adjacent thereto owned and/or operated by either City or Authority.
3. RELIEF OF AUTHORITY. As of the date of assumption by City of law
enforcement responsibility under the provisions of Section 2, above, Authority shall be
relieved of such responsibility. However, such relief shall not be deemed to deprive
Authority of the right or power to take such actions as it shall deem necessary or desirable
in the protection of its rights and its ability to fulfill its responsibilities in the operation of
the Lake.
4. TRANSFER OF EQUIPMENT. Authority has acquired certain equipment
for use in the discharge of its law enforcement responsibilities at Lake. By these presents,
title and ownership of such equipment is assigned and transferred into City. The
equipment is listed on Exhibit "A", attached." Authority agrees that upon request of
City, it will execute all documents necessary in order for title certificates and other indicia
of ownership to reflect ownership by City of the items listed on Exhibit "A"."
5. RESPONSIBILITY FOR NEGLIGENCE. IN NO EVENT SHALL
THE CITY BE LIABLE OR RESPONSIBLE TO THE AUTHORITY FOR ANY
CLAIM, LOSS OR DAMAGE, OF ANY KIND OR TYPE, SUFFERED OR
2
f'
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INCURRED BY AUTHORITY AS A RESULT OF OR RELATED TO ACTS OF
THIRD PARTIES, EVEN IF CAUSED OR CONTRIBUTED TO BY THE
NEGLIGENCE, OF ANY KIND, TYPE OR DEGREE, OF CITY, AND AUTHORITY
HEREBY RELEASES CITY FROM AND AGAINST ANY SUCH CLAIM, LOSS OR
LIABILITY. THIS PROVISION SHALL NOT BE DEEMED TO RELEASE CITY
FROM ANY OBLIGATION WHICH IT WOULD OTHERWISE HAVE FOR
PAYMENT OF MAINTENANCE AND OPERATION COST UNDER THE
PROVISIONS OF SUPPLY AGREEMENT.
DATED THIS the I Ith day of November , 1999.
ATTEST:
Assistant Secretary
BRAZOS RIVER AUTHORITY
By— .1 dt..,x /Av�
Gary Gwo, General Manager
3
CITY OF i s
ATTEST:
Kaythi ell, ,City Secretary
APPROVED AS TO CONTENT:
Terry Ellerbr6dk
Managing Director Water Utilities
APPROVED AS TO FORM:
Richard K. Casner
Natural Resources Attorney
EXHIBIT "A"
EQUIPMENT LIST
1 - 1999 F-150 Ford Extended Cab Pickup 4x4 - Dark Blue, equipped with a General
Electric mobile two-way radio, siren, shop made headache rack with emergency strobe
light bar, rubber bed mat, flush mount aluminum tool box in bed and a small tool kit.
1 - 1994 Model Wooldridge 18' Aluminum Boat with custom 6' bottom
1 - 1994 Model 150 hp Evinrude Outboard Motor
1 General Electric Two-way Weatherproof Radio
1 Handheld Spotlight
1 Aluminum Boat Hook
1 Siren and Control Box
1 Canvas Top and sides for boat
3 Flood Lights
2 Blue Strobe Lights
1 Radio Antennae
2 Boat Tie Straps for Trailering
2 Bench Seats for boat
1 Paddle
1 Fire Extinguisher
2 Type IV flotation devices
5 Personal flotation devices
1 First Aid Kit
Various lengths of nylon rope
1 Galvanized Tandem Axle, E-Z Loader Boat Trailer with proper lighting and rubber rollers
1 Boat winch (attached)
1 Seaquest Scuba Equipment Bag
1 Full 6.5MM Seaquest Wetsuit with Hood, Gloves and Boots
1 Scuba Mask & Snorkel Mask
1 Pair Fins
1 Seaquest Buoyancy Control Device
1 Seaquest Octopus (Bottle Connection Console and Primary Regulator)
1 Attached Dive Knife
1 Blue Scuba Air Source
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