HomeMy WebLinkAboutResolution - 2006-R0395 - Agreement For Amendment To A Permit For A Facility - Reese Air Force Base - 08/24/2006Resolution No. 2006-RO395
August 24, 2006
Item No. 5.11
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 with
associated documents, for an amendment to a permit for a facility located on the former
Reese Air Force Base, by and between the City of Lubbock and the United States Air
Force. 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 City Council.
Passed by the City Council this
ATTEST:
City Secretary
TO CONTENT:
24th day of August , 2006.
WEME
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• VIA i M W, a I 1 I I1' •'
Claude kol Chi iVolice
GIVU �•y4wt/�I
Dan Dennison, Environmental Compliance Manager
AS TO FORM:
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:s/UnitedStatesAkForceBase
11, 2006
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DEPARTMENT OF THE AIR FORCE
AIR FORCE REAL PROPERTY AGENCY
AGREEMENT
Resolution No. 2006-RO395
This Agreement ("Agreement") is made by and among the United States of America, acting by
and through its Secretary of the Air Force ("Air Force") and the City of Lubbock.
WITNESSETH
WHEREAS, the Air Force intends to, by one or more deeds, transfer approximately 1.5 Acres of
property to the City of Lubbock. This property transfer will include the Tower Area (See
Attachments 1 and 2, Map and Metes and Bounds Description).
WHEREAS, the Air Force is required to modify its Hazardous Waste Permit and Groundwater
Compliance Plan ("Permit and Groundwater Compliance Plan") issued to Reese AFB on
September 6, 1996 by the Texas Natural Resource Conservation Commission ("TNRCC") at
least 90 days prior to the transfer of the property in order to (1) change the Reese AFB facility
description to identify property that is transferred to the City of Lubbock as property that is no
longer included in the permitted facility description of Reese AFB, and (2) to include The City of
Lubbock as co-owner of the Permit and Groundwater Compliance Plan for the property that is
transferred to the City of Lubbock (Tower Area) per Title 30 Texas Administrative Code
("TAC") §305.64(g).
NOW THEREFORE, the parties hereto agree that:
1. The Air Force and The City of Lubbock shall submit this agreement in writing to the
Texas Commission on Environmental Quality ("TCEQ") evidencing the Air Force's
intent to transfer the above -described property from the Air Force to the City of Lubbock
by deed per 30 TAC §305.64(g).
2. The Air Force and the LRRA shall submit a revised permit application no later than 90
days prior to the Air Force conveying by deed the above -described property to the City of
Lubbock per 30 TAC §305.64(g).
3. The parties hereto acknowledge and agree that the City of Lubbock will be identified as
co-owner of the Hazardous Waste Permit and Groundwater Compliance Plan with respect
to the above described property and will not be responsible under the Permit or
Groundwater Compliance Plan for any corrective action or financial assurance
requirements for hazardous waste contamination existing on the property prior to
occupation or use by The City of Lubbock or its tenants. The Cit )t be
ocj 1 1 ?OQ6
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responsible for any cleanup costs or liabilities associated with such existing
contamination.
4. The parties hereto acknowledge and agree that, with respect to responding to hazardous
waste contamination existing on the property prior to occupation or use by the City of
Lubbock or its tenants, the Air Force will be identified as the Operator on the Permit and
Groundwater Compliance Plan and will be responsible for compliance with all provisions
of the Permit and Groundwater Compliance Plan.
5. The Effective date of this Agreement will be the date of execution by the party who last
executes this Agreement.
DATE:
NAME:
TITLE:
SIGNATURE:
Kathryn M. Halvorson
Director, AFRPA
For the United States Air Force
DATE: August 24, 2006
NAME: David Miller
TITLE: Mayor, City of Lubbock
SIGNAT �
For the City of Lubbock
ATTEST:
NAME: Rebecca Garza
TITLE: City SecretM, City of Lubbock
SIGNATURE:
For the City of Zubboc
L 1 ?p06
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