HomeMy WebLinkAboutResolution - 2008-R0178 - Raw Water Lease - Lake Alan Henry Water District - 05_08_2008Resolution No. 2008-RO178
May 8, 2008
Item No. 5.20
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 a Raw Water Lease by and
between the City of Lubbock and the Lake Alan Henry Water District, and all related
documents, including without limitation, that certain Pump Station and Water Pipeline
Easement, attached as Exhibit "B" to the Raw Water Lease. 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.
Executed by the City Council this
8th day of May 2008.
DAVID A. MILLER, MAYOR
ATTEST:
Rebec a iarza, City Secretary
APPROVED AS TO CONTENT:
Thomas Adams,
Deputy City Manager/Water Utilities Director
APPROVED AS TO FORM:
Richard K. Casner, First Assistant City Attorney
ao%ccdocs!Raw Water Leasexes
April 15, 2008
Resolution No. 2008-RO178
RAW WATER LEASE
BETWEEN
THE CITY OF LUBBOCK
AND
THE LAKE ALAN HENRY WATER DISTRICT
The City of Lubbock (hereinafter "Lessor") and The Lake Alan Henry Water District
(hereinafter "Lessee") enter into this Raw Water Lease ("Lease") on May 8, 2008 ,
(the "Effective Date").
I. RECITALS
Whereas, the Lessor is a home -rule municipality created pursuant to Article H. Section V
of the Texas Constitution and its Charter; and
Whereas, the Lessee is a special law conservation and reclamation district created
pursuant to the authority of Article XVI, Section 59 of the Texas Constitution through the
passage of Senate Bill 1941, Regular Session, 78`h Texas Legislature (2003) (the "Enabling
Legislation"), attached hereto as Exhibit "A"; and
Whereas, on September 25, 1984, Permit No. 4146 (the "Permit"), attached hereto as
Exhibit "B", was issued to the City of Lubbock authorizing the construction, storage, diversion
and use of water from Lake Alan Henry (the "Lake"); and
Whereas, on May 11, 1989, the City of Lubbock and the Brazos River Authority
("BRA") entered into a Water Supply Agreement By And Between Brazos River Authority And
City Of Lubbock, as amended, (the "Agreement"), for the purpose of constructing and operating
the Lake; and
Whereas, by entering into this Lease, the Lessor has determined that the amount of water
to be provided according to this Lease will not be needed by the Lessor for at least the next 20
years and that this Lease will assist in fulfilling the Lessor's financial obligations for the Lake;
and
Whereas, the Lessor is providing the Lessee with an easement so that it may deliver the
raw water supplied pursuant to this Lease and in consideration for that easement, South Garza is
extending water delivery facilities to the Recreation Area;
Whereas, the Lessor and the Lessee desire to enter into a term agreement for the lease of
raw water from the Lake, wherein the cost of water has been determined to be fair, just and
reasonable pursuant to the Enabling Legislation; and
Now Therefore, for and in consideration of the mutual promises, the adequacy of
consideration being hereby acknowledged, the Lessor and the Lessee do hereby agree and
covenant to each other the following:
PAGE 1 of 47
II. WATER SUPPLY
A. Amount of Water Delivered - Lessee shall have the right to use from -the Lake, in
accordance with the Permit, up to a maximum of 495 acre-feet of raw water per annum.
This quantity of raw water shall become the Annual Quantity for all purposes of this
Lease. In addition to the Annual Quantity, the Lessee shall have authority to withdraw an
additional 20 acre-feet on behalf of South Garza Water Supply, Inc. ("South Garza") to
be used by South Garza in accordance with the Raw Water Supply Agreement between
South Garza and the City of Lubbock (called the "No -Cost Water" therein). This
quantity of raw water shall become the South Garza Quantity for all purposes of this
Lease. In addition to the Annual Quantity and the South Garza Quantity, the Lessor shall
deliver to the Lessee the raw water required to meet the treated water needs of the Sam
Wahl Recreation Area. This quantity of raw water shall become the Recreation Quantity
for all purposes of this Lease. For accounting purposes, the City shall subtract the
Recreation Quantity, as metered by South Garza at the meter for the Recreation Area,
from the Annual Quantity and the South Garza Quantity so as not to count against the
amount of water supplied to the Lessee or to South Garza.
In the event the level of the Lake should decrease to the level of 2185 feet above mean
sea level or below during the term hereof, the amount of Annual Quantity and the South
Garza Quantity of water required to be delivered to Lessee by Lessor shall decrease in a
corresponding manner for such time as the Lake shall be at such level, as set forth in
Exhibit "C". The reduced quantity of water shall be deemed to be the Annual Quantity
and the South Garza Quantity during the term of such reduction. Once the level of the
Lake has exceeded 2185 feet above mean sea level, the Annual Quantity and the South
Garza Quantity shall revert to the last Annual Quantity and the South Garza Quantity
prior to the reduction.
Additionally, in the event the safe yield of the Lake (19,000 acre feet as of the date of this
Lease) shall decrease during the term hereof, as determined by an engineer licensed by
the State of Texas as selected by Lessor, the maximum amount of raw water per annum
available to Lessee hereunder shall be reduced to the amount equal to 2 1/2 % of the safe
yield plus 20 acre feet, and such amount shall be the Annual Quantity and the South
Garza Quantity hereunder. In the event the safe yield shall increase during the term
hereof, as determined in the same manner as described herein, the Annual Quantity and
the South Garza Quantity shall increase to the amount equal to 2 1/2 % of the safe yield
plus 20 acre feet, but in no event to exceed the maximum of 520 acre feet per annum, and
such amount shall be the Annual Quantity and the South Garza Quantity hereunder.
B. Source of Water Supply — Water supplied pursuant to this Lease will be water provided
in accordance with the Permit.
C. Rate of Diversion — Water supplied pursuant to this Lease will be diverted at the rate of
diversion as authorized in the Permit and as provided herein.
PAGE 2 of 47
D. Purpose of Use — Lessee represents to Lessor and Lessor relies on such representation
that all water supplied under this Lease will be utilized for retail water service and for
municipal uses only, as such terms are defined by rules adopted by the Texas
Commission on Environmental Quality (the "Commission"). Except as otherwise
provided herein, Lessee is expressly prohibited from providing or selling raw water to
any third party without the written consent of Lessor. The Lessor hereby consents to the
Lessee providing and selling raw water to South Garza, which shall only provide potable
retail water for domestic and related municipal purposes around Lake Alan Henry, and
which will supply the Sam Wahl Recreation Area, owned by the City of Lubbock.
E. Place of Use — Water supplied pursuant to this Lease shall only be used by the Lessee to
supply retail potable water within the boundaries of the Lessee as described in the
Lessee's Enabling Legislation (the "Area of Service"), and to its and South Garza's retail
water customers within the Area of Service. Lessee shall provide or cause to be provided
potable water service to each party requesting service within the Area of Service that
meets the service extension requirements of the Lessee or South Garza, as the case may
be, as determined solely by the Lessee or South Garza, including but not limited to
completing the construction of necessary extensions by such party or paying all required
extension and connection fees and costs of the Lessee or South Garza, as the case may be,
for such service, and obtaining any and all federal, state and local approvals required to
provide service. In no event, however, shall the Lessee be required to provide potable
water service to any additional parties within the Area of Service if the water supplied
pursuant to this Lease is required to meet the needs of existing retail customers of the
Lessee or South Garza.
F. Point of Delivery and Pipeline —
1. Master Meter — Water supplied pursuant to this Lease will be delivered to
Lessee at or near the stilling basin outlet works, on the downstream side of the
dam, as approximately depicted in Exhibit "D", attached hereto (the "Point of
Delivery"), at a master -meter to be installed by Lessor pursuant to Paragraph
III.D.
2. Easement - The Lessor shall grant the Lessee, upon its request, an easement
for the location and operation of a pump station, and a water pipeline(s) over and
across the lands described in the Water Pipeline and Pump Station Easement, in
the form as attached hereto as Exhibit "E", upon payment of ten and no/100
Dollars ($10) and other good and valuable consideration by Lessee to Lessor.
The contemplated pipeline or plumbing arrangement is roughly depicted in
Exhibit "E-1", attached hereto. It is expressly agreed by Lessee and Lessor that
the pipeline or the Connecting Facilities, as defined in Paragraph II.F.4., may
differ from that depicted if it is so deemed necessary or advisable by the Lessee or
Lessor. Prior to construction, in the event it becomes necessary to alter the route
of the pipeline due to archeology concerns, as determined by Lessor, Lessee
stipulates that the Lessor may unilaterally alter said pipeline route and Lessee
PAGE 3 of 47
shall cooperate with Lessor to amend the survey and easement to so reflect the
altered route.
3. Saddle and Tap — The Lessee has elected, as a cost avoidance, to not have
installed a separate valve assembly directly on the main raw water line from the
dam, and instead has elected to have constructed a saddle and tap into the existing
main raw water line in order to isolate the Lessor's operation from the Lessee's
operation. As a result, Lessee stipulates that there shall be times or events
wherein water delivery to Lessee shall not be available and that the Lessor is
under no obligation to guarantee that water will be available if construction or
operations by or on behalf of Lessor require that water delivery to Lessee be
temporarily suspended. The Lessor shall make reasonable efforts to minimize the
amount of time that the water delivery to Lessee is temporarily suspended;
however, it is expressly stipulated by Lessee that Lessor shall not be under any
obligation to incur additional costs or expenses to minimize the period of time
said water delivery to Lessee is temporarily suspended. The Lessor shall give the
Lessee at least 72 hours notice of any planned suspension of the delivery of water
not related to a force majeure event.
4. Design Plans and Construction Specification — The Lessee shall provide to
Lessor in writing all relevant design information, including tap, pipe, valve and
meter size and location, and Lessor shall prepare all design plans and
construction specifications for the improvements to be completed, including
without limitation, plans for meter, saddle and tap, and the valve assembly
(referred to collectively as the "Connecting Facilities") to isolate the Lessee's
system from the Lessor's system. Lessor agrees to complete the development of
design plans and construction specifications for the Connecting Facilities and
proceed with the procurement process in the same or similar manner, and in the
same or similar time periods, as it conducts its own procurement processes. The
plans and specifications shall be prepared by an engineer licensed by the State of
Texas (the "Engineer").
5. Construction of Connecting Facilities - Once the plans have been developed by
the Lessor, and the procurement process has been completed, if applicable, to
protect the health and safety of the citizens of the City of Lubbock, the Lessor
shall, or shall cause, the Connecting Facilities to be constructed into the existing
main raw water line. Lessor shall own, control and have access to the Connecting
Facilities, and Lessee shall connect on the Connecting Facilities as necessary for
the construction and completion of their pump station. Lessee shall ensure that its
facilities are constructed in a professional manner so that there occurs no
unreasonable water loss as a result of the pump station construction and operation,
as contemplated by Paragraph II.F.6. Prior to, and as a condition precedent to,
the delivery of any water, Lessee shall pay all costs of construction and design
incurred by Lessor, including without limitation, costs related to work performed
by personnel of Lessor, for the Connecting Facilities, said costs to not exceed the
sum of twenty-five thousand dollars ($25,000.00). Lessee shall pay all invoices
PAGE 4 of 47
promptly, but in any event within thirty (30) days of the date of such invoice.
Lessor agrees to indemnify and hold Lessee harmless, to the fullest extent
permitted by law, from any and all claims or liabilities or damages caused by the
negligence of the Lessor or any of its employees, and agents related to the
construction, operation and maintenance of the Connecting Facilities, (i) if the
City would be liable in law for such claim; (ii) to the extent immunity, both from
suit and liability, has been waived pursuant to the laws of the State of Texas; and
(iii) to the extent limited by Paragraph V.S. Nothing herein, or provided
otherwise in the Agreement, shall be construed as a waiver by the City of any
immunities from suit or liability, of any kind, whether provided by State or local
statute, or otherwise.
Upon completion of the Connecting Facilities, Lessor shall give notice to Lessee
that the improvements have been completed.
6. Construction of Pump Station and Pipeline - Prior to commencement of
construction, Lessee will provide, or cause to be provided, written notice to the
Lessor of the date on which constriction of the pump station, its related facilities,
and pipeline(s) is scheduled to commence. The Lessor must receive this written
notice at least five (5) days before the scheduled construction date. The
construction of the pump station, its related facilities, and pipeline(s) shall be
constructed in a prudent manner and shall be supervised or provided with
oversight by the Engineer and may be supervised Lessor. The Lessee shall obtain
all necessary licenses and permits regarding the construction of the pump station,
its related facilities, and the pipeline(s). Further, the Lessee shall comply with all
applicable laws, statutes, rules, regulations and ordinances regarding the
construction, maintenance and operation of the pump station, its related facilities,
and the pipeline(s), including without limitation, the Clean Water Act (33 U.S.C.
1251 et seq.) and all rules and regulations promulgated thereunder or related
thereto.
7. Insurance Coverage for Construction — Lessee, and any other persons
performing all or a part of its construction activities, shall procure and carry, at its
sole cost and expense through the time of final completion of any and all
construction activities contemplated by this Lease, insurance protection as
hereinafter specified, in form and substance satisfactory to Lessor, carried with an
insurance company authorized to transact business in the State of Texas, covering
all aspects and risks of loss of all operations in connection with this Lease,
including without limitation, the indemnity obligations set forth herein and in the
Pump Station and Water Pipeline Easement. Lessee shall obtain and maintain in
full force and effect commercial general liability and automobile liability
coverage with insurance carriers admitted to do business in the State of Texas.
The insurance companies must carry a Best's Rating of A-VII or better. The
policies will be written on an occurrence basis, subject to the following minimum
limits of liability:
PAGE 5 of 47
Commercial General Liability:
Combined Single Limit: $500,000 Per Occurrence
Automobile Liability:
Combined Single Limit for any auto: $500,000 Per Occurrence
The Lessor shall be listed as additional insured and shall be granted a waiver of
subrogation under the policies. Lessee will provide a Certificate of Insurance to
the Lessor as evidence of coverage. The Certificate will provide 30 days notice of
cancellation. A copy of the additional insured endorsement and waiver of
subrogation attached to the policy will be included in the certificate.
Lessee shall elect to obtain or shall require its contractors, subcontracts, or other
entities constructing, operating, and maintaining facilities described in this Lease
on the Lessee's behalf to obtain worker's compensation coverage pursuant to
Section 406.002 of the Texas Labor Code. Further, Lessee shall comply or shall
require its contractors, subcontracts, or other entities constructing, operating, and
maintaining facilities described in this Lease on the Lessee's behalf to comply
with all provisions of Title 5 of the Texas Labor Code to ensure that Lessee
maintains said coverage. The Lessor shall be granted a waiver of subrogation
under this policy.
If Lessee fails to maintain the required insurance in full force and effect, or if the
Lessee fails to ensure that the required insurance is maintained in full force and
effect by its contractors, subcontracts, or other entities constructing, operating,
and maintaining facilities described in this Lease on the Lessee's behalf, the
Lessor may terminate this Agreement in accordance with Paragraph III.F.3.
8. Inspections — The Parties agree that the Lessor has the right, but shall be under
no obligation, to make inspections as it deems necessary or advisable during the
construction phase of the pump station, its related facilities, and the pipeline(s).
Any inspection rights provided herein to Lessor shall not relieve the Lessee of any
of its obligations hereunder.
G. Rate of Delivery — Lessor agrees to deliver water to Lessee at a rate not to exceed two
times the daily average quantity on an annual basis measured over a 24-hour period.
Lessor will not restrict the delivery pressure from the Lake, unless the restriction is
necessary to comply with this provision or the terms of the Permit.
H. Quality of Water Lessor makes no representation as to the quality of the water supplied
under this Lease, and Lessee hereby releases Lessor and agrees to hold it harmless from
any and all claims that Lessee or Lessee's customers or users have or may have for any
diminution in or impairment of the quality of water supplied under this Lease caused by
any acts or omissions of Lessor.
PAGE 6 of 47
III. ADMINISTRATION OF LEASE
A. Term of Lease — This Lease shall be for a term commencing on the Effective Date and
ending on December 31, 2029.
B. Computation of Rates for Leased Water - Lessee hereby acknowledges that the Enabling
Legislation accurately and appropriately defines the components necessary for the
computation of the rates to be charged by the Lessor to the Lessee for the water to be
supplied hereunder. Lessee hereby acknowledges that such components, if applied
correctly, will generate rates that are just, reasonable and non-discriminatory, as applied
to Lessee and the supply of water made available hereunder. The Lessor agrees that the
rates for the leased water shall not exceed that which is allowed by the Enabling
Legislation.
C. Terms of Payment — Lessee hereby covenants to pay Lessor the initial sum of $1.81 per
1000 gallons for the delivery of the Annual Quantity and the Recreation Quantity.
Lessee shall be obligated to pay only for the water actually provided to it out of the
Annual Quantity and the Recreation Quantity. Lessee is not obligated or required to pay
for the South Garza Quantity. Lessee expressly stipulates and agrees that the price for
water paid to be delivered hereunder may be adjusted annually, effective for deliveries of
raw water to Lessee on and after February 1 of each year of the term hereof, in
accordance with the terms of Paragraph III.B. and the Enabling Legislation.
During the term of this Lease, Lessor will mail a statement monthly to Lessee showing
the monthly diversions. Such statement shall also show the amount of money owed by
Lessee to Lessor for the amount of the Annual Quantity actually delivered to the Lessee,
the Recreation Quantity, as provided to Lessor by South Garza, and any additional
quantities of water authorized in accordance with the Lease, if any. Each statement
submitted shall be paid to Lessor at its office in Lubbock, Texas, by check or bankwire,
on or before thirty (30) days from the date of mailing of the statement to Lessee. In the
event Lessee fails to make payment of that statement witlun said thirty (30) day period,
Lessee hereby agrees to pay and shall then pay a late payment charge of five percent
(5%) of the amount of the statement. For each calendar month or fraction thereof that the
statement remains unpaid, Lessee hereby agrees to pay and shall pay interest at the rate of
one and a half percent (1.5%) of the amount of the statement. If the statement has not
been paid in the prescribed period, Lessee hereby further agrees to pay all costs of
collection and reasonable attorney's fees, regardless of whether suit is filed for such
collection.
At no time shall the interest rate and/or other fees, if applicable, described herein exceed
the "Maximum Rate." The term "Maximum Rate," as used herein, shall mean the
maximum nonusurious interest rate, if any, that at any time, or from time to time may be
permitted by applicable law on such day or days.
Any provision herein notwithstanding, Lessor shall not in any event be entitled to receive
or collect, nor shall any amounts received hereunder be credited, so that Lessor shall be
PAGE 7 of 47
paid, as interest, a sum greater than the Maximum Rate permitted by applicable law to be
charged hereunder. If any construction of this Agreement indicates a different right given
to Lessor to ask for, demand or receive any larger sum as interest, such is a mistake in
calculation or wording which this clause shall override and control, it being the intention
of the parties that this Agreement shall in all things strictly comply and conform with
applicable law. In the event that the aggregate of all consideration which constitutes
interest under applicable law that is taken, reserved, contracted for, charged or received
under this Agreement shall ever exceed the maximum nonusurious rate under applicable
law, any sum in excess thereof shall be paid to the Lessee.
D. Metering of Delivered Water — To measure the amount of water delivered to Lessee
hereunder, Lessor agrees to install such flow meters and recording devices to permit,
within five percent (5%) accuracy, determination of quantities of raw water delivered
hereunder in units of 1,000 gallons. Lessee agrees to pay for meter purchase, installation,
maintenance, calibration and replacement as more particularly set forth below.
Lessor shall provide Lessee and Lessee shall provide Lessor with reasonable access to the
Meters for the purpose of making meter readings and/or periodic inspections. Lessee and
Lessor shall have the right to make a reading of the Meters installed by Lessee on a
monthly basis. The Lessor shall have the Meters tested for accuracy by qualified
personnel at the expense of Lessee at least once each three (3) calendar years. The report
of such test and calibration shall be furnished to the Lessor and the Lessee. Readings
within five percent (5%) of accuracy shall be considered correct.
The Meters may be tested at any reasonable time by either party, provided that the party
making the test shall notify the other party at least two (2) weeks in advance and allow
the other party to witness the test. Either party may install, at its own expense, check
meters of comparable quality and reliability as the meter utilized to measure the amount
of water delivered to the Lessee at any time and may leave such check meters installed
for such periods as the party deems to be reasonably necessary to determine the accuracy
of the metering equipment. Lessor shall be required to take necessary steps to correct any
meter inaccuracy discovered during any test.
In the event any question arises at any time as to the accuracy of any meter, such meter
shall be tested by Lessor promptly upon the demand of Lessee, the expense of such test to
be borne by Lessee if the meter is found to be correct and by Lessor if it is found to be
incorrect. If, as a result of any test, any meter is found to be registering inaccurately (i.e.,
in excess of five percent (5%) of accuracy), the readings of such meter shall be corrected
at the rate of its inaccuracy for any period which is definitely known and agreed upon or,
if no such period is known and agreed upon, the shorter of the following periods shall be
used as the basis for correction:
1. a period extending back either sixty (60) days from the date of demand for the test
or, if no demand for the test was made, sixty (60) days from the date of the test; or
PAGE 8 of 47
2. a period extending back half of the time elapsed since the last previous test; and
the records of reading shall be adjusted accordingly.
Lessee shall pay to Lessor for all costs related to the purchase cost, maintenance, reading,
calibration and replacement of the Meter or Meters, in the amount of $92.55 per month
for an eight inch (8") meter; $101.35 per month for a ten inch (10") meter; and $135.24
per month for a twelve inch (12") meter (the "Original Cost"). Said Original Cost, as
same may increase as provided herein, is herein stipulated by Lessor and Lessee to be just
and reasonable. From and after the fifth (5th) calendar year of this Lease, the Original
Cost may increase as costs for providing such services increase, and the Lessor shall
provide a statement to Lessee documenting the lesser of (i) the actual cost of such
activities; or (ii) the Original Cost as increased by the annual Consumer Price Index for
All Urban Consumers, as published by the United States Department of Labor.
The South Garza Quantity shall be delivered by the Lessor to the Lessee before the
Annual Quantity and this quantity shall be provided by Lessee to Lessor on a monthly
basis. With respect to Recreation Quantity, prior to billing the Lessee, the Lessor shall
subtract the amount of water used by the Recreation Area, as metered by South Garza at
the meter for the Recreation Area, from the Annual Quantity so as not to count against
the Annual Quantity supplied to the District. Notwithstanding the accounting of water
used for the Recreation Area, Lessee shall pay the Lessor, as set forth in Paragraphs
III.B. and III. C., for the Annual Quantity and Recreation Quantity.
E. Water Conservation and Drought Contingency Measures - Pursuant to 30 Tex. Admin.
Code Chapter 288, Lessee agrees to develop and implement water conservation and
drought contingency measures consistent with, or more restrictive on water use than,
Lessor's water conservation plan (the "Conservation Plan"), and that the water delivered
to Lessee pursuant to this Lease will be used in accordance with such Conservation Plan.
Lessor, in accordance with applicable law, may from time to time modify the
Conservation Plan. Lessee agrees to provide Lessor with copies of Commission approved
water conservation and drought contingency plans prior to the delivery of water pursuant
to this Lease. Additionally, Lessee shall cause the contract or service agreement by and
between it and South Garza to provide water conservation requirements at least as
restrictive on water use, as provided herein, upon South Garza, in accordance with 30
Tex. Admin. Code Chapter 288.
F. Tennination of the Lease — This Lease may be terminated hereto as follows:
1. Lessor, at its sole option, and in accordance with the terms and conditions set
forth in Paragraph III.G., "Non -Payment", may terminate this Lease without
recourse should Lessee fail to comply with the terms and conditions of this Lease
for the payment of moneys owed to Lessor pursuant to Paragraph III.C., "Terms
of Payment" and/or Paragraph III.D., "Metering of Delivered Water."
2. This Lease may be terminated immediately by Lessor upon the declaration of
bankruptcy by Lessee.
PAGE 9 of 47
3. This Lease may be terminated should Lessee fail to comply with the terms and
provisions of Paragraphs II.F.7. if Lessor notifies Lessee of Lessee's default and
Lessor's intent to so terminate this Lease, and if Lessee fails to cure such default
after thirty (30) days notice and opportunity to cure such default.
Lessee shall remain liable for all fees and charges accruing under the Lease through the
date the Lease is terminated.
G. Non -Payment — If Lessor determines that Lessee has not paid the full amount owed for
any payment due under Paragraph III.C., "Terms of Payment", and/or Paragraph
III.D., "Metering of Delivered Water" hereof within the time provided therefore, Lessor
shall give written notice to Lessee stating the amount due and unpaid. If Lessor gives
notice as provided herein and Lessee fails to pay within thirty (30) days of the date such
written notice was mailed the amounts claimed in such notice to be due and unpaid,
Lessor may, at its sole option, upon giving ten (10) days additional written notice to
Lessee, terminate this Lease without recourse. If Lessee should dispute Lessee's
obligation to pay all or any part of the amount stated in any statement or notice, Lessee
shall, nevertheless pay such amount, in which case such amount shall be deposited by
Lessor in an interest bearing account pending final resolution of such dispute. Nothing
herein shall be construed to require the Lessor to exercise the remedy of termination and
Lessor shall be entitled to exercise, concurrently or otherwise, other remedies as may be
available by law, contract, equity or otherwise. All remedies shall be cumulative in
nature and the exercise by either party of any right or remedy hereunder shall not
preclude the concurrent or subsequent exercise of any other right or remedy.
H. Notice — Each notice under this Lease shall be transmitted by certified mail, return receipt
requested, and shall be effective on the date actually received. All notices and statements
shall be addressed to:
Lake Alan Henry Water District
Attention: President, Board of Directors
P.O. Box 493
Post, Texas 79356
City of Lubbock
Attention: City Manager
P.O. Box 2000
Lubbock, Texas 79457
Either party may change its address by giving written notice of such change to the other
party.
I. Assiamnent of Lease - Lessee may assign the rights to this Lease only upon obtaining the
written approval of Lessor. However, except as may be otherwise provided by the
Enabling Legislation or other applicable law, should the Lessee cease to exist by
PAGE 10 of 47
dissolution or by an act of the Texas Legislature, or enter into bankruptcy, this Lease
shall be assigned to South Garza Water Supply, Inc. Lessor may assign its rights this
Lease, in whole or in part, at any time and from time to time, at its sole and absolute
discretion. This clause does not prohibit the delegation of duties prescribed by this
Agreement.
J. Compliance with Commission Rules — Lessor agrees to file a copy of this Lease with the
Executive Director of the Commission, it being fully recognized by the Lessee hereunder
that the effectiveness of this Lease is dependent upon compliance with 30 Tex. Admin.
Code Chapters 295 and 297.
IV. WATER SUPPLY PLANNING
A. No Permanent Supply of Water — Lessee acknowledges that the supply of water pursuant
to this Lease is for a specified term of years and that Lessor may need this water to meet
its own future water supply needs. Lessee agrees that Lessor has no obligation to extend
the Lease or enter into another Lease for the benefit of Lessee.
B. Plan for Future Supply — Consistent with Water Code Section 11.036 and Government
Code Section 791.026, Lessee agrees to plan for its water supply needs beyond the term
of this Lease. In so doing, Lessee agrees to submit to Lessor, at least three (3) years
before the expiration of this Lease, a list of identified reasonable alternative water
management strategies approved in accordance with the Texas Water Development
Board's State Water Plan and Chapter 16 of the Water Code. Furthermore, at least one
(1) year before the expiration of this Lease, Lessee covenants that it will complete all
land acquisition, construction, and physical improvements necessary to realize any such
approved alternative water management supplies to replace the water supply provided
through this Lease.
V. GENERAL PROVISIONS
A. Preamble — All matters stated in the preamble are found to be true and correct and are
incorporated into the body of this Lease as if copied in their entirety.
B. Hold Harmless and Indemnification — To the extent, and only to such extent allowed by
law, and subject to Paragraph V.S. herein, Lessor and Lessee will save and hold the
other harmless from any and all claims or demands whatsoever to which either may be
subjected by reason of any injury to any person or damage to any property resulting from
or in any way connected with any and all actions and activities (or failure to act) of the
other party under this Lease.
C. Force Majeure — The term "force majeure" as used herein, shall mean those situations or
conditions which are beyond the control of Lessor or Lessee and which, after the exercise
of due diligence to remedy such situation or condition, render Lessor or Lessee unable,
wholly or in part, to carry out the covenants contained herein. Such force majeure
includes, but is not limited to, acts of God, strikes, lockouts, acts of the public enemy,
PAGE 11 of 47
orders of any kind of the government of the United States or of the State of Texas or any
civil or military authority, insurrections, riots, epidemics, landslides, lightning,
earthquakes, fires, hurricanes, storms, floods, washouts, droughts, civil disturbances,
explosions, breakage or accidents to machinery, pipelines, canals, or dams, partial or
entire failure of water supply, insofar as each of the foregoing are beyond the reasonable
control of the party in question. Lessor shall not be held liable or responsible for any
damage that may be caused by its inability, after the exercise of due diligence, to make
the supply of water available to Lessee due to any force majeure. Lessor shall use
reasonable and timely diligence to repair or recondition the machinery, pipelines, or dams
in the event such machinery, pipelines or dams are damaged or made unserviceable from
any force majeure.
D. Maintenance and Periodic Shutdowns Lessee agrees that routine and emergency
maintenance conditions may impact Lessor's ability to deliver water pursuant to this
Lease. Except in the case of force majeure, and to the extent reasonable, Lessor agrees to
give 72 hours notice prior to any shutdown of equipment or infrastructure necessary to
deliver water to Lessee.
E. No Third Party Beneficiary — The parties hereto are entering into this Lease solely for the
benefit of themselves and agree that nothing herein shall be construed to confer any right,
privilege or benefit on any person or entity other than the parties hereto.
F. No Rights or Title Acquired — Lessee agrees and acknowledges that it acquires by this
Lease no rights or title to the water that is the subject of this Lease other than those rights
explicitly set forth herein. Furthermore, nothing in this Lease shall be construed as an
assignment of any diversion rights, equity, or financial obligations under the Agreement.
G. Representations And Warranties — Both Lessor and Lessee represent and warrant to the
other that this Lease has been duly executed by an authorized officer and constitutes a
valid and binding contract, enforceable against it in accordance with its terms (except as
such enforceability may be limited by bankruptcy laws or other similar laws relating to
the enforcement of creditors' rights generally and by general equitable principles).
H. Amendment — This Lease may not be modified or amended except by an instrument in
writing signed by authorized representatives of the parties.
I. Binding in Effect — The terms of this Lease shall be binding upon, and inure to the benefit
of, the parties and their, in the case of Lessor, successors and assigns, and in the case of
Lessee, its permitted successors and assigns.
J. Integrated Document — This Lease, together with all Exhibits attached hereto, constitutes
the entire agreement of the parties relating to the subject matter of this Lease and
supersedes all prior agreements or understandings with respect to the subject matter
hereof, both oral and written, including but not limited to the May 11, 2006 Raw Water
Lease between the City of Lubbock and the Lake Alan Henry Water District. Each party
agrees that the other party (and their agents and representatives) have not made, and it has
PAGE 12 of 47
not relied upon, any representation, warranty, covenant or agreement to or with such
party relating to the transactions contemplated hereunder other than those expressly set
forth herein.
K. Counterparts - This Lease may be executed by the parties in any number of separate
counterparts, each of which when so executed and delivered shall be deemed an original,
but all such counterparts shall together constitute one and the same agreement. All
signatures need not be on the same counterpart.
L. Further Assurances - Each party agrees to do all acts and things and to execute and
deliver such further written instruments, as may be from time to time reasonably required
to carry out the terms and provisions of this Lease.
M. Governing Law - This Lease and the rights and duties of the parties arising out of this
Lease shall be governed by, and construed in accordance with, the laws of the State of
Texas, without reference to the conflict of laws rules thereof. This Lease is performable,
at least in part, in Lubbock County, Texas. Lessor and Lessee hereby irrevocably consent
to Lubbock County as the exclusive venue for any action related hereto.
N. Headings - The headings of the Articles and Paragraphs of this Lease are included for
convenience only and shall not be deemed to constitute a part of this Lease.
O. Exhibits - All Exhibits attached to this Lease are incorporated herein by this reference in
their entirety and made a part hereof for all purposes.
P. Interpretation and Reliance - No presumption will apply in favor of any party in the
interpretation of this Lease or in the resolution of any ambiguity of any provisions
thereof.
Q. Relationship of Parties - Neither the execution nor delivery of this Lease, nor the
consummation of the transactions contemplated hereunder, shall create or constitute a
partnership, joint venture, or any other form of business organization or arrangement
between the parties, except for the contractual arrangements specifically set forth in this
Lease. Except as is expressly agreed to in writing in this Lease, no party (or any of its
agents, officers or employees) shall be an agent or employee of the other party, nor shall
a party (or any of its agents, officers or employees) have any power to assume or create
any obligation on behalf of the other party.
R. Severability - In the event that any provision of this Lease is held to be unenforceable or
invalid by any court of competent jurisdiction, the parties shall negotiate an equitable
adjustment to the provisions of this Lease with the view to effecting, to the extent
possible, the original purpose and intent of this Lease, and the validity and enforceability
of the remaining provisions shall not be affected thereby.
S. Actual Damages - A party shall be in default hereunder if any of the following shall
occur and be continuing: (i) failure to perform and/or be in compliance with any
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covenant, warranty or agreement herein; or (ii) any representation shall prove to be
untrue during the teen hereof. In the event of default of this Lease by any party, the Non -
defaulting party shall be entitled to seek damages, specific perfonnance, injunctive relief,
or any other remedy to which it might be entitled under this Lease, in law or at equity.
Notwithstanding the foregoing, neither party shall be liable or have any responsibility to
the other for any indirect, special, consequential, punitive or delay -related or
performance -related damages including, without limitation, lost earnings or profits. Such
limitation on liability shall apply to any claim or action, whether it is based on whole or
in part on contract, negligence, strict liability, tort, statute or any other theory of liability.
T. Mediation — In the event any dispute shall arise under this Lease, the parties agree to
submit the matter to mediation prior to the initiation of a lawsuit. The parties shall
attempt in good faith to agree on a mediator. In the event they cannot so agree, each party
shall nominate a mediator and the persons so selected shall select the mediator in the
manner they so choose. All mediation proceedings shall not be binding, in any way,
manner or form, on either party to this Lease or any issue related to this Lease.
Executed and effective as of the date identified above by the signatures of the parties below.
ATTEST:
e--K-
ReWbca Garza, City Secretary
APPROVFD TO CONTENT:
Thomas Adams
Deputy City Manager
APPROVED AS TO FORM:
Richard K. Casner
First Assistant City Attorney
CITY OF LUBBOCK, TEXAS
DAVID A MILLER, MAYOR
PAGE 14 of 47
r"i T TEST:
Tame, Title
ao Richard. LAHWD Raw Water Lease 050708
updated 050808
LAKE ALAN HENRY WATER DISTRICT
F.
Name: 104Z. — W. K i/r-e—Y,47 M
Title: �! iTWA—n --
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Resolution No. 2008-RO178
EXHIBIT "A" Resolution No. 2W&R0208
to May 11, 2006
Raw Water Lease Item No. 5.11
SENATE BILL 1941, REGULAR SESSION, 78th TEXAS LEGISLATURE (2003)
S.B. No. 1941
1 AN ACT
2 relating to the creation, administration, powers, duties,
3 operation. and financing of the Lake Alan Henry Water District;
4 granting the power of eminent domain; authorizing the issuance of
5 bonds and the imposition of taxes.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7 ARTICLE 1. CREATION OF LAKE ALAN HENRY WATER DISTRICT
a SECTION 1.01. DEFINITIONS. In this article:
9 (1) "Board" means the board of directors of the
10 district.
11 (2) "City" means the City of Lubbock, Texas. The term
12 includes all relationships and agreements between the city and the
13 Brazos River Authority to own and operate the lake.
14 (3) "Commission" means the Texas Commission on
15 Environmental Quality or any successor agency.
16 (4) "Counties" means Garza and Kent counties, Texas.
17 (5) "District" means the Lake Alan Henry water
1s District.
19 (6) "Lake" means Lake Alan Henry.
20 SECTION 1.02. LEGISLATIVE FINDINGS. The legislature finds
21 that it is in the interest of this state to:
22 (1) promote the orderly development, use, and
23 protection of Lake Alan Henry; and
24 (2) support cooperation between the city and the
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residents of Garza and Kent counties to use Lake Alan Henry as a
municipal source of water.
SECTION 1.03. CREATION OF DISTRICT. (a) A conservation
and reclamation district, to be known as the Lake Alan Henry Water
District, is created in Kent County and a portion of Garza County.
(b) The district is a unit of government for the purposes of
Chapter 101, Civil Practice and Remedies Code, and the operations
of the district are considered to be essential governmental
functions and not proprietary functions for all purposes, including
the application of that chapter.
(c) The creation of the district is essential to the
accomplishment of the purposes of Sections 52 and 52-a, Article
III, and Section 59, Article KVI, Texas Constitution, and to the
accomplishment of the public purposes stated in those sections and
in this article.
(d) The district is necessary to promote, develop,
encourage, and maintain employment, commerce, economic
development, and the public welfare in the area included in the
district.
(e) The district is created to supplement and not to replace
the services and regulatory powers and authority of the counties
and city within their respective boundaries and, in the event of a
conflict between a regulation of the district and an order,
ordinance, or other lawful regulation of the counties or city, the
order, ordinance, or other regulation of the counties or city shall
prevail.
SECTION 1.04. BOUNDARIES; ADJUSTMENTS. (a) The district
FA
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includes the territory contained within Sections 43-47 and Sections
56-60, Block 5, HSGN Railroad Co. Survey, Kent County, and that
portion of Garza County, as more fully described below, but always
excluding the City of Post, as the boundaries of the City of Post
may change from time to time. The specific boundaries of the
portion of Garza County included in the district excluding the City
of Post are as follows:
BEGINNING at a point at the Southeast corner of Garza County,
Texas;
THENCE West along the South County Line of Garza County to a
point in the center of Ranch Roach No. 669;
THENCE North along the centerline of Ranch Road No. 669 to a
point in the South City Limits boundary line of the City of Post,
Texas;
THENCE East along the City Limits boundary line of the City of
Post, as such line curves to the North, to a point in the center of
State Highway No. 380;
THENCE East along the centerline of the said State Highway
No. 380 to a point in the East County Line of Garza County;
THENCE South along the East County Line of Garza County to the
PLACE OF BEGINNING.
(b) The legislature finds that the boundaries and field
notes of the district form a closure. If a mistake is made in the
field notes or in copying the field notes in the legislative
process, the mistake does not affect in any way:
(1) the organization, existence, or validity of the
district;
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(2) the right of the district to enter into any type of
contract for any purpose for which the district is created;
(3) the right of the district to impose, assess, or
collect taxes, fees, or charges; or
(4) the legality or operation of the district or the
board.
(c) The board may annex or exclude territory in the manner
provided by Subchapter J, Chapter 49, Water Code, as limited by
Section 54.016, Water Code, except that:
(1) for purposes of this subsection, a reference to a
tax in Subchapter J, Chapter 49, Water Code, or Section 54.016,
water Code, means an ad valorem tax; and
(2) land may not be excluded from the district if bonds
or other obligations of the district, payable wholly or partly from
ad valorem taxes, are outstanding.
SECTION 1.05. FINDING OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All of the land and other property included within the
boundaries of the district will be benefited by the works,
projects, and services that are to be accomplished or provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article %VI, Texas Constitution, and
the other powers granted under this article.
SECTION 1.06. CONSTRUCTION OF ARTICLE= APPLICABILITY OF
OTHER LAW. (a) This article shall be liberally construed in
conformity with the findings and purposes stated in this article.
(b) If any provision of general law is in conflict or
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inconsistent with this article, this article prevails.
SECTION 1.07. GENERAL POWERS AND DUTIES. (a) The district
has all of the powers and duties provided by the general laws of
this state relating to conservation and reclamation districts
created under Sections 52 and 52-a, Article III, and Section 59,
Article XVI, Texas Constitution, including Chapter 49, Water Code,
Chapter 51, Water Code, applicable to water control and improvement
districts, and Chapter 54, Water Code, applicable to municipal
utility districts.
(b) Notwithstanding Subsection (a) of this section, the
district's bonds and other obligations and the projects to be
financed by those obligations are not subject to the jurisdiction
or supervision of the commission under Chapter 49, Water Code, or
other law.
(c) Any general law referenced by this article that
supplements the power and the authority of the district, to the
extent that the law is not in conflict or inconsistent with this
article, is adopted and incorporated by reference.
(d) The board may employ and establish the terms of
employment and compensation of an executive director or general
manager and any other employees of the district the board considers
necessary.
(e) As authorized under Chapter 49, Water Code, the district
may exercise the power of eminent domain, within and without the
boundaries of the district, for the purpose of acquiring land and
property in order to develop its improvements projects. However,
the district may not exercise the power of eminent domain to acquire
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S.B. No. 1941
1 city -owned land, property, mineral rights, or water rights.
2 (f) The district may impose impact fees according to
3 benefits received by the property, including an Lmpact fee on
4 residential property. An impact fee may be imposed on residential
5 property only to provide capital funding for:
6 (1) public water and wastewater facilities; or
7 (2) drainage and storm -water facilities.
8 (g) To the extent that the powers under this subsection do
9 not impair contractual rights or agreements existing before the
10 effective date of this Act, the city may:
11 (1) exercise police powers over:
12 (A) the lake;
13 4B) any city -owned land around the lake; and
14 (C) easements on or above the lake owned or in
15 favor of the city; and
16 (2) assess reasonable fees for recreational use of the
17 lake.
18 (h) A power conferred by this section on the district may
19 not in any way interfere with the authority of the city under
20 Subsection (g) of this section.
21 M The board by resolution may change the district's name.
22 If the board changes the district's name, the district shall give
23 written notice to the commission.
24 SECTION 1.08. LAKE AS WATER SUPPLY. (a) The city may sell
25 water from the lake to the district or any other governmental entity
26 if the city council of the city finds that:
27 (1) the amount of water sold under a water sales
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contract will not be needed by the city for its municipal water
supply for at least 20 years after the date of the contract; and
(2) execution of a contract with the district or any
other governmental entity will assist in fulfilling the city's
financial obligations.
(b) The district may develop a local water supply under a
water supply agreement with the city or from other sources.
(c) Consistent with Section 11.036, Water Code, and Section
791.026, Government Code, a water supply agreement entered into by
the city and the district under this section may:
(1) specify the term of the agreement;
(2) limit the maximum amount of water to be supplied to
the district by the city; and
( 3 ) provide for the payment of rates and charges to the
city for the water supplied by the city.
(d) Under a water supply agreement, without the city's
consent:
(1) the maximum amount of water to be supplied to the
district by the city may not be increased; and
(2) the term of the agreement may not be extended.
(e) The city may establish and maintain rates and charges
for water supplied to the district or to any other purchaser of
water from the lake under a water supply agreement. The rates and
charges to be assessed under a water supply agreement must:
(1) be fair, reasonable, and nondiscriminatory; and
(2) be sufficient to recover a proportionate share of. -
(A) the debt service requirements of the city
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associated with the lake plus a 50 percent coverage on the debt
service;
(B) the capital costs and management fee payments
by the city under the city's contract with the Brazos River
Authority plus a 75 percent coverage on the capital costs and
management fee payments; and
(C) the lake's operation and maintenance costs,
including any capital expenditures associated with the lake that
are not debt financed.
(f) The operations and maintenance costs under Subsection
(e)(2)(C) of this section include:
(1) payments in lieu of taxes;
12) general fund transfers of 15 percent of gross
revenues from water sales under this section;
(3) costs associated with the city's watershed
protection program for the lake;
(4) costs of operating and maintaining the lake as a
water supply or as a recreational area;
(5) engineering, accounting, and legal services
costs;
the lake;
costs;
(6) utility costs;
(7) costs associated with law enforcement related to
(8) permit administration costs;
(9) dam maintenance, inspection, and construction
(10) costs associated with constructing, operating,
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and maintaining lake recreational facilities and lands, roads,
ramps, and parking areas;
(11) costs associated with regulating and monitoring
the surface of the lake, municipal easements, and city -owned lands
around the lake;
(12) costs associated with environmental studies,
sampling, and testing of the lake and its watershed; and
(13) any other costs, fees, expenses, or other
financial liabilities arising from or related to the sale of water
to others as contemplated under this section.
(g) "Proportionate share" as used in subsection (e) of this
section means a fraction the numerator of which is the annual
diversion rights under a water supply contract with the city and the
denominator of which is the yield of the lake, where yield is
determined annually by the city considering all permitted uses-
(h) The district may not limit or interfere with the use or
enjoyment by the city of water resources from the lake for municipal
water supply purposes or recreational purposes. Except as
authorized by the city, the district may not regulate the
operation, use, or water level of the lake.
(i) The city may not interfere with the district's use or
enjoyment of any water taken by the district out of the lake under
and in accordance with a water supply agreement or other applicable
agreement between the parties, except that the city may exercise
the right of approving service by the district outside the
boundaries of the district-
(j) Under a written agreement with the city, the district
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may conduct agreed -upon activities related to the operation and
maintenance of the lake and may conduct other supplemental
activities related to public health, safety, recreation, water
quality, and water conservation not inconsistent with the city's
use of the lake as a municipal water supply.
(k) The district recognizes that:
(1) the city and the Brazos River Authority have
entered into an agreement to design, build, operate, and maintain
the lake; and
(2) the district may not exercise its powers in a
manner that would infringe on the rights of the Brazos River
Authority under the river authority's agreement with the city
regarding the lake.
SECTION 1.09. BOARD OF DIRECTORS. (a) The district is
governed by a board of five directors. Directors for positions one,
three, and five shall be appointed by the Commissioners Court of
Garza County, and directors for positions two and four shall be
appointed by the Commissioners Court of Kent County. Directors
serve staggered terms of four years.
(b) To be eligible to serve as a director, a person must be
at least 18 years of age and be:
(1) a resident of the district;
(2) an owner of real property in the district;
(3) an owner of at least 10 percent of the outstanding
interest of a corporation or general or limited partnership that
owns real property in the district;
(4) an agent, employee, officer, or director of a
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corporation or partnership that owns real property in the district;
(5) a person who served as an initial director; or
(6) a member of the commissioners court of one of the
counties.
(c) If a vacancy in the office of director occurs, the
commissioners court that made the original appointment shall
appoint a qualified individual to serve the remainder of the term.
(d) The board may remove a director for misconduct, for
failure to comply with the attendance policy adopted by the board,
or by unanimous vote of all of the remaining directors for failure
to carry out the duties of directors.
(e) As soon as practicable after a director is appointed,
the director shall execute a bond for $10,000 payable to the
district and conditioned on the faithful performance of the
director's duties. Directors' bonds must be approved by the board.
Each director shall take the oath of office prescribed by the
constitution for public office. The bond and oath shall be filed
with the district, and the district shall retain the bond and oath
in its records. The district shall pay the cost of the bonds.
(f) The directors shall elect a chair, a vice chair, a
secretary, and any other officers the board considers necessary.
(g) A position on the board is not a civil office of
emolument for any purpose, including those purposes described by
Section 40, Article XV1, Texas Constitution-
(h) A director is not entitled to compensation for service
on the board but is entitled to be reimbursed for necessary and
reasonable expenses incurred in carrying out the duties and
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responsibilities of a director.
(i) Three directors constitute a quorum for the
consideration of matters pertaining to the district, and a
concurrence of a majority of a quorum of directors is required for
any official action of the district, except that a concurrence of at
least three directors is required when the vote concerns:
(1) levying and assessing taxes;
(2) issuing bonds or other obligations; or
(3) making capital expenditures or entering into
contracts related to those expenditures.
(j) The initial appointed directors are:
(1) from Gazza County:
(A) Joe D. Hardin;
(B) Mark Kirkpatrick; and
(C) Odie Hood; and
(2) from Kent Countys
(A) Jim White; and
(B) Jody Ashley.
SECTION 1.10. ORGANIZATIONAL MEETING. As soon as
practicable after all initial directors have qualified for office,
the initial directors shall hold an organizational meeting at a
location within the district agreeable to a majority of the
directors. If the directors cannot agree on a location, the
organizational meeting shall be held at the Kent County Courthouse.
SECTION 1.11. DISTRICT CONFIRMATION ELECTION. (a) The
initial board of directors shall hold an election on the same day in
both counties in the district to confirm the establishment of the
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district in the manner provided by Subchapter D, Chapter 49, water
Code.
(b) If a majority of the votes cast in a county at a
confirmation election is against the creation of the district, the
board may not call another confirmation election in that county
before the six-month anniversary of the former confirmation
election.
(c) Before a successful confirmation election, the district
may carry on any business as the board may determine except that the
board may not borrow money or impose or assess a tax of any kind or
an assessment for any purpose.
(d) The ballots shall be printed to provide for voting for
or against the proposition: "The creation of the Lake Alan Henry
Water District."
(e) Except as provided by this section, a confirmation
election shall be conducted in accordance with Sections 49.102 and
49.104, water Code, and Section 41.001, Election Code.
(f) If the majority of qualified voters in a county who vote
in the election vote to confirm the creation of the district, that
county is included in the district. If the majority of qualified
voters in a county who vote in the election vote against confirming
the creation of the district, that county is excluded from the
district; however, the exclusion of that county does not affect the
validity of the district in the county that has voted to confirm
creation of the district.
SECTION 1.12. OPERATION AND MAINTENANCE TAX. (a) The
district may impose a tax for operation and maintenance purposes,
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including funds for planning, constructing, acquiring,
maintaining, repairing, and operating all necessary land, plants,
works, facilities, improvements, appliances, and equipment of the
district and for paying costs of proper services, engineering and
legal fees, and organization and administrative expenses.
(b) An operation and maintenance tax may not be imposed by
the district until it is approved by a majority of the voters voting
at an election held in the district for that purpose in accordance
with Chapter 49, Water Code. After the tax has been authorized by
the district's voters, the board may levy the tax and have it
assessed and collected as other district taxes.
(c) An operation and maintenance tax election may be held at
the same time and in conjunction with any other district election,
including the confirmation election. The election may be called by
a separate election order or as part of any other election order.
(d) The proposition in an operation and maintenance tax
election may be for a specific maximum rate or for an unlimited
rate.
(e) If the district has any surplus operation and
maintenance tax funds that are not needed for the purposes for which
they were collected, the funds may be used for any lawful purpose.
(f) Sections 26.C4, 26.05, and 26.07, Tax Code, do not apply
to a tax imposed under this section or an ad valorem tax imposed for
the payment of the interest on and principal of bonds issued by a
district.
SECTION 1.13. TAX LEVY FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable in whole or in part from
14
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S.B. No. 1941
ad valorem taxes are issued, the board shall levy an annual ad
valorem tax, without limit as to rate or amount, for each year in
which all or part of the bonds are outstanding, and the district
shall annually assess and collect the ad valorem tax, on all taxable
property within the district, in an amount sufficient to:
(1) pay the interest on the bonds or other obligations
as it becomes due,
(2) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
(3) pay the expenses of assessing and collecting the
tax.
SECTION 1.14. CITY PROPERTY EXEMPT FROM DISTRICT TAXES.
City property is exempt from taxation by the district.
SECTION 1.15. ELECTION TO APPROVE ISSUANCE OF BONDS AND
OTHER OBLIGATIONS. (a) Bonds and other obligations that are
secured by and payable from ad valorem taxes may not be issued
unless the bonds and the levy of the taxes are first approved by a
majority of the qualified voters voting at an election held in the
district for that purpose.
(b) Bonds and other obligations that are not secured by and
payable from ad valorem taxes are not subject to the requirement of
an election and may be issued without an election.
(c) An election required by this section shall be conducted
in accordance with Subchapter F, Chapter 54, Water Code.
SECTION 1.16. SERVICES FOR CERTAIN DEFINED AREAS AND
DESIGNATED PROPERTY. (a) As provided by Subchapter J, Chapter 54,
15
PAGE 30 of 47
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S.B. No. 1941
Water Code, the district may define areas or designate certain
property of the district to pay for improvements, facilities, or
services that primarily benefit that area or property and do not
generally and directly benefit the district as a whole.
(b) An area defined under Subsection (a) of this section
constitutes a separate election precinct in which a separate
election must be held to determine if the improvements will be
provided and a separate tax levied.
(c) At an election in a defined area, a registered voter of
the district who owns property in the defined area may vote in the
area and not in the precinct of the voter's residence.
SECTION 1.17. PRIOR APPROVAL BY COUNTIES OR MUNICIPALITY OF
BONDS AND OTHER OBLIGATIONS_ (a) A bond issuance or other
obligation of the district must be approved, before the issuance,
by an adopted order or resolution of each of the commissioners
courts of the counties.
(b) Any bonds or other obligations that are issued for the
purpose of providing retail water and sewer collection services
within all or any portion of the corporate limits of a municipality
must first be approved by the governing body of the municipality.
SECTION 1.18. DISSOLUTION. Except as provided by Section
1.19 of this Act, the board by a unanimous vote of all five
directors:
(1) may dissolve the district at any time; and
(2) shall dissolve the district on written petition of
the owners of 75 percent of the acreage of real property in the
district.
16
PAGE 31 of 47
S.B. No. 1941
1 SECTION 1.19. INDEBTEDNESS AND CONTRACTUAL OBLIGATIONS.
2 The board may not dissolve the district until the district's
3 outstanding indebtedness and contractual obligations have been
4 repaid or discharged.
5 SECTION 1.20. TRANSFER OF PROPERTY AND ASSETS. After the
6 board votes to dissolve the district, the board shall transfer
7 ownership of all property and assets of the district to the
8 counties.
9 SECTION 1.21. CONTRIBUTION; START-UP FUNDING; INITIAL
10 DIRECTORS. (a) Pending receipt of other revenues from the sources
11 authorized by this article, the board may adopt a fee schedule to
12 provide for the overhead and operations of the district. Each
13 county shall pay a fee not to exceed $10,000 a year for each
14 director appointed, unless the commissioners courts of the counties
15 approve a higher fee. The fee may be assessed each year for the
16 first three years of the district's operation.
17 (b) As soon as practicable on or after the effective date of
18 this Act, the commissioners courts of the counties shall designate
19 for each of the initial members of the board of directors the
20 position the director fills under Section 1.09(a) of this Act.
21 (c) The initial directors appointed to serve in positions
22 one and two shall serve until the first Saturday in May 2004, the
23 initial directors appointed to serve in positions three and four
24 shall serve until the first Saturday in May 2005, and the initial
25 director appointed to serve in position five shall serve until the
26 f irst Saturday in May 2006.
27 SECTION 1.22. FINDINGS RELATED TO PROCEDURAL AND PUBLIC
17
PAGE 32 of 47
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S.B. No. 1941
INTEREST REQUIREMENTS. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished by
the constitution and laws of this state, including the governor,
who has submitted the notice and this Act to the commission.
(b) The commission has filed its recommendations relating
to this Act with the governor, lieutenant governor, and speaker of
the house of representatives within the required time.
(c) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(d) All requirements of the constitution and the laws of
this state and the rules and procedures of the legislature with
respect to the notice, introduction, and passage of this Act have
been fulfilled and accomplished.
(e) The public interest requires that the district adhere to
the terms of, and pay the rates and charges provided in, a water
supply agreement between the district and the city.
(f) Rates and charges set in accordance with Section 1.Oa(e)
of this Act will result in rates that are fair, reasonable, and
nondiscriminatory.
SECTION 1.23. EXPIRATION OF THIS ARTICLE= EXCEPTION.
(a) Except as provided by Subsection (b) of this section, if the
Lake Alan Henry Water District is not confirmed under Section 1.11
1B
PAGE 33 of 47
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S.B. No. 1941
of this Act before September 1, 2005, the district is dissolved and
this article expires on that date.
(b) If the Lake Alan Henry Water District is not confirmed
under Section 1.11 of this Act or is dissolved after creation,
Section 1.07(g) of this Act nevertheless survives and remains in
effect.
ARTICLE 2. ZONING AROUND LAKE ALAN HENRY
SECTION 2.01. AMENDMENT. Subsection (a), Section 231.132,
Local Government Code, is amended to read as follows:
(a) This subchapter applies to:
(1) those parts of Garza County located within three
miles [9:e mile] of the high water marks established for Lake Alan
Henry and Post Lake except land located in Garza County and owned by
the White River Municipal Water District;
(2) those parts of Kent County located within three
miles [onemile]of the high water marks established for Lake Alan
Henry; and
(3) the area within 10,000 feet of where the shoreline
of Lake Cooper would be if the lake were filled to its storage
capacity.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.
19
PAGE 34 of 47
S.B. No. 1941
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1941 passed the Senate on
may 15, 2003, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 1941 passed the House on
May 28, 2003, by the following vote: Yeas 144, Nays 0, two
present not voting.
Approved:
Date
Governor
20
Chief Clerk of the House
PAGE 35 of 47
Resolution No. 2008—RO178
EXHIBIT "B"
to Resolution Nd, 211Q�
i - Raw Water Lease May 11, 2016 RA1�8"
SEPTEMBER 25,1984, PERMIT NO.4146 Item No. 3.11
APPLICATION NO. 41SS VC -UNIT NO. 4146 TYPLs Section 11.121
Permittee t City of Lu111AAA Address I A. 0. VnX 2000
Lubbock. Texas 79457
Received I August 21, 1981 Piled r October S, 1981
Granted r August i, 1994 Counties I Lubbock, Lynn, Garza
• and Kent
1 Watercourses South fork of the Watershr41 Brazos River Basin
ocuble Mountain cork
of the erasos River,
i tributary of the
Brazos River
J
NIIEREAS, the Texas Water Cozmission finds that jurittdiction of
the application is astablishedl and
WHEREAS, a public hwnring has boon hold and @pacific findings of
fact and conclusions of law Were adopted in the fors of a Commission
order, as required by lows
1
NOW. THERF.TORt, this permit to appropriate and use State water is
j issued to City of Lubbock, subject to the following terms and
i conditionms
� 1 . IMPOUNDMLIiT
Perstittee is authorized to construct. and before acquiring
any sights hereunder shall construct, a des and reservoir on
the South Fork of the Goublr Mountain Fork of the Brazos
1 River and impound therein not to exceed 123,937 acre-foot a,
1 water. The dam and spillways will be located in the Houston
and Groat Northern Railroad Company Survey No. SS, Abstract
No. 120, Kent County, and Abstract No. 610, Garza Count
YYl
i Houston and Great Northern Railroad Company Survey No. S7,
Abstract No. 121, Kant County, and Abstract No. Bit, Garza
Countyl N. T. Cornelius Survey No, $6, Abstract No. 466,
j Kant County, and Abstract No. 002, Garza Countyt Houston and
Great Northern Railroad Company Survey No. a!, Abstract No.
' S7, Garza County and Will Williams Survey No. 70, Abstract
i No. 9e0, Garza County, Texas.
,
Station 0.00 on the canterline of the dam will be S 29. 30'
+ W. 3000 feet from the northwest corner of the Houston and
Great Northern Railroad Company Survey He. SS, Abstract No.
j ( 120, Rent County, and Abstract Ko. 010, Garza County. Taxa@.
2. USX
i
(a) Permittee in aut.horizoal to divert and use not to excer•)
i 35,000 acre-feet of water 1-••r annum from the reservoir fnr
1 municipal Purpoxea.
Ib) Peroittre Is authorized to make xrcnndary use of not. t!.
exceed 21,A00 acre-fi-vt of water per annuls (treated sowae,.-
j effluent) out of the ss.mimur 35,nA0 acre -fret of wat►rr
divcrto.l fur munu•ilal purpot—r. tto irrigate 10,000 acres of
lend in l.ul.tx3t'k and Lynn Cnunl lo,t, 79-suss.
Icl Permitt.••e s•a .nithasi:ed to tee sh.- impnunded water for
i nonconsumptIv,• r.-••..•..ti.•nal pusi•nr..a.
i
rage 1 tof 2
J
je
t
PAGE 36 of 47
Id) Parmittr(- is authorized to divert and use not to exceed
200 acre-feet of water r-r nnnum for five years from the
South Fork of the Double Mnotetain Fork of the Brazos Riven
for ennstructiun cif the dawn and reservoir.
3. DIVERSION
(a) Point of Diversions On the north shore of the
reservoir, at a point S 131 M, 6500 feet frog the northwest
corner of the Houston and Great Northern Railroad Company
survey No. 5S. Abstract No. 120, Xent County, and Abstract
No. 810. Garza County. Texas.
1b) Maximum Rates 69.6 cfa (11,200 gpm).
4. TIME LIMITATIONS
Construction of the dam and related facilities heroin
authorized shall be in accordance with plans approvod by -the
Executive Director and shall be commenced within two years
and completed within five years from the date of issuance of
this permit. Failure to commence and/or' complete
construction of the dam and related facilities within the
period stated shall cause this permit to expire and become
null and void, unless permittee applies for an extension of
time to commence and/or complete construction prior to the
respective deadlines for custmence and completion, and the
application is sub::cyuencly granted.
This permit is issued nubjeeet to all superior and senior water
rights in the Brazos River Itam:in.
Permittee agraos to Le bound by the terms, conditions and
provisions contained herein and such agreement is a condition
precedent to the granting of this permit.
All other matters rs•mluested in the application which are not
specifically granted by thas I+ermit are denied.
This permit 1s issued :subject to the Rules of the Texas
Department of Water Resources and to the right of continual
supervision of State water resources rxercived by the Department.
TEXAS WATER COMMISSION
Date Issuedt
September 2S, 1984 -
Attests
,/ !tor)• Ann ftcfncr
Mary Ann !Ic ner, hief CJ. r__k
-43
Pau Hop ine M I rman
Lcc n. M. b ggart, ommissionor
/!Lv_ha lr go.-
kn ph komsnq, CatNnlsa Doti s
Page J of 2
PAGE 37 of 47
EXHIBIT "C'
to
Raw Water Lease
SCHEDULE FOR THE REDUTION OF WATER WHEN
LAKE ALAN HENRY REACHES 2185 FEET ABOVE MEAN SEA LEVEL
LAKE WATER
PERCENT
ELEVATION
REDUCTION
(1)
IN BASE
ANNUAL
QUANTITY
2185
10%
2180
20%
2175
30%
2170
40%
2165
50%
(1) Feet above mean sea level as measured at the intake tower USGS gauge on January 1" of
each year.
RAW WATER LEASE mom LAKE ALAN HENRY
PAGE 14
PAGE 38 of47
."r
v
Ilk
t6.
li
*# . k
obd6.
Resolution No. 2008—RO178
Exhibit "E"
to
Raw Water Lease
PUMP STATION AND WATER PIPELINE EASEMENT
STATE OF TEXAS §
COUNTIES OF GARZA AND KENT §
PUMP STATION AND WATER PIPELINE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, the City of Lubbock, a Texas home rule
municipal corporation (the "City"), for and in consideration of the amount of Ten and No/100
Dollars ($10.00), the receipt and sufficiency of same herein acknowledged, does, subject to the
teens hereof, hereby grant, without warranty, expressed, statutory or implied, including without
limitation, any warranties under Section 5.023 of the Texas Property Code, unto the Lake Alan
Henry Water District (hereinafter called the "District"), and to its successors or assigns, a
perpetual easement on, over, in, under, and through, and the right to enter upon the lands of the
undersigned, for the limited purposes set forth below, situated in Garza and Kent Counties, State
of Texas, being (i) that certain land, thirty feet (30') in width, and being more particularly
described on Exhibit "A", attached hereto and hereinafter referred to as "Easement Property," to
survey, construct, inspect, operate, maintain, replace and remove under the above described
lands, a water pipeline or pipelines and all necessary and desirable appurtenances, facilities, and
structures related thereto as may be reasonably necessary in connection with the construction,
operation, maintenance, and replacement of the water pipeline or pipelines; and (ii) that certain
land, .057 acres in size, and being more particularly described on Exhibit "B", attached hereto
and hereinafter referred to as "Easement Property," to survey, construct, inspect, operate,
maintain, replace and remove a pump station and all necessary and desirable appurtenances,
facilities, and structures related thereto as may be reasonably necessary in connection with the
construction, operation, maintenance, and replacement of the pump stations. The District shall
also have the right to: (1) remove from or place on the Easement Property earth, rock and other
materials, with written approval of City; and (2) trim, cut, and remove brush and other
vegetation. The permitted uses of the Easement Property as described in this paragraph shall
hereinafter be referred to as the Easement Purposes.
1. Any pipeline shall be buried at least forty-two (42") inches below the ground surface, and
shall be maintained and constructed in a manner to eliminate the settling of earth or surface over
the pipeline area.
2. DISTRICT SHALL INDEMNIFY AND HOLD CITY AND CITY'S ELECTED
OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT CONTRACTORS
HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW, FROM AND AGAINST
ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, LIABILITIES AND
PAGE 40 of 47
EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES,
AS A RESULT OF, ARISING FROM, OR RELATED TO DISTRICT'S USE OR
OCCUPATION OF CITY OWNED LANDS OR THE EASEMENTS GRANTED HEREBY
AND/OR ANY MATTER RELATED TO DISTRICT'S OPERATIONS OR OMISSIONS
UNDER THIS EASEMENT, INCLUDING ANY AND ALL CLAIMS, DEMANDS,
DAMAGES, COSTS, AND EXPENSES CAUSED IN WHOLE OR IN PART, BY THE SOLE
OR CONCURRENT NEGLIGENCE, OF ANY KIND, TYPE OR DEGREE, OF CITY, CITY'S
ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES OR INDEPENDENT
CONTRACTORS.
3. Duration of Easement. The duration of the Easement is perpetual.
4. Reservation of Rights. District's right to use the Easement Property is nonexclusive, and
City reserves for City and City's heirs, successors, and assigns the right to use all or part of the
Easement Property in conjunction with District as long as such use by City and City's heirs,
successors, and assigns does not interfere with the use of the Easement Property by District for
the Easement Purpose, and the right to convey to others the right to use all or part of the
Easement Property in conjunction with District, as long as such further conveyance is subject to
the terms of this Easement.
5. Assignment. Except as otherwise provided herein, this Easement, and the rights granted
herein, shall not be assignable, in whole or in part, by District. Notwithstanding the general
prohibition contained herein, District may, upon the conditions set forth herein, assign this
Easement, and the rights granted herein, to South Garza Water Supply, Inc. Upon assignment,
District shall provide notice of same to City, along with an acknowledgement by South Garza
Water Supply, Inc. that it shall be bound by all terms and provisions of this Easement the same
as if it were an original party to the Easement.
6. Temporary Construction Easement. District has the right (the "Secondary Easement") to
use up to 30 additional feet of the surface of the property that is adjacent to the Easement
Property ("Adjacent Property") as is reasonably necessary to install and maintain the facilities
within the Easement Property (for the purposes of Paragraph's 6 and 7, the "Facilities") for a
period of time beginning upon the date hereof and expiring December 31, 2010. The Parties
agree that additional construction, maintenance, and repair may be required from time to time on
the Facilities. If the use of additional property is required for the construction, maintenance, or
repair of the Facilities from time to time, the District may request from the City additional
temporary construction easements or licenses. The City shall not unreasonably withhold the
granting of such an easement or licenses. The granting of such rights may be conditioned,
among other things, upon the conditions, provisions and requirements of District provided herein
as relates to the water pipeline and/or the Easement Property, including without limitation, the
obligation to restore the Adjacent Property to its previous physical condition if changed by use
of the rights granted by this Secondary Easement.
7. Improvement and Maintenance of Easement Property. Improvement and maintenance of
the Easement Property and the Facilities will be at the sole expense of District. District has the
right to eliminate any encroachments into the Easement that materially interfere with the
operation of the Easement Purposes, after ten (10) days notice to City. District must maintain the
PAGE 41 of 47
Easement Property in a neat and clean condition. District has the right to construct, install,
maintain, replace, and remove the Facilities under or across any portion of the Easement
Property and to maintain the Easement Property and the Facilities associated therewith so as to
ensure compliance with TCEQ rules and regulations. District has the right to remove or relocate
any fences, after twenty (20) days notice to City, within the Easement Property or along or near
its boundary lines if reasonably necessary to construct, install, maintain, replace, or remove the
Facilities, subject to replacement of the fences to their original condition on the completion of
the work on or before forty-eight (48) hours after removal of the fences..
8. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders
and injunctions (temporary or permanent) prohibiting interference and commanding compliance.
Restraining orders and injunctions will be obtainable on proof of the existence of material
interference or threatened material interference, without the necessity of proof of inadequacy of
legal remedies or irreparable harm, and will be obtainable only by the parties to this Easement or
their successors or permitted assigns; provided, however, that the act of obtaining an injunction
or restraining order will not be deemed to be an election of remedies or a waiver of any other
rights or remedies available at law or in equity.
9. Binding Effect. This Easement binds and inures to the benefit of the parties and their
respective, successors, and permitted assigns.
10. Choice of Law. This Easement will be construed under the laws of the state of Texas,
without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties in
which the Easement Property is located.
11. Waiver of Default. It is not a waiver of or consent to default if the non -defaulting party
fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set
forth in this Easement does not preclude pursuit of other remedies in this Easement or provided
by law.
12. Legal Construction. Whenever context requires, the singular will include the plural and
neuter include the masculine or feminine gender, and vice versa. Article and section headings in
this Easement are for reference only and are not intended to restrict or define the text of any
section. This Easement will not be construed more or less favorably between the parties by
reason of authorship or origin of language.
13. Notices. Any notice required or permitted under this Easement must be in writing. Any
notice required or permitted by this Easement will be deemed to be delivered (whether actually
received or not) when deposited with the United States Postal Service, postage prepaid, certified
mail, return receipt requested, and addressed to the intended recipient at the address shown in
this Easement. Notice may also be given by regular mail, personal delivery, courier delivery,
facsimile transmission, or other commercially reasonable means and will be effective when
actually received. Any address for notice may be changed by written notice delivered as
provided herein.
PAGE 42 of 47
Lake Alan Henry Water District
Attention: President, Board of Directors
P.O. Box 493
Post, Texas 79356
City of Lubbock
Attention: City Manager
P.O. Box 2000
Lubbock, Texas 79457
14. Time. Time is of the essence. Unless otherwise specified, all references to "days" mean
calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the date
for performance of any obligation falls on a Saturday, Sunday, or legal public holiday, the date
for performance will be the next following regular business day.
IN WITNESS WHEREOF, the undersigned set their hands and seals this the day
of 2008.
ATTEST:
Rebecca Garza, City Secretary
ATTEST:
�Iame, Title
CITY OF LUBBOCK
Mat
DAVID A. MILLER, MAYOR
LAKE ALAN HENRY WATE DISTRICT
. a. By4 Z��
Name: ATK-- jib/ . K;�#C ✓✓A T= eL
Title: T, 1yCX/6-'—
PAGE 43 of 47
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the day of , 2008, by
DAVID A. MILLER, Mayor of the City of Lubbock, Texas, a Texas home rule municipal
corporation, on behalf of said municipal corporation.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the day of 4111A,
2008, by `&,rk 4;4- �— , of the Lake Alan Henry Water District, o behalf of
cnid rlictrirt
6
Notary Pu lic, State ofTVas
PAGE 44 of 47
Resolution No. 2008—RO178
EXHIBIT "Alt
to
PUMP STATION AND WATER PIPELINE EASEMENT
PROP03M 3D' VIDE TIATER SUPPLY PIPELINE EASQWW
CITY OF LU880DL
BElMS A CENTM-LIM DESCRNPTIDN OF A 30' OIDE BAYM SUPam. PLY PIPINE EA�/1T ON A
TRACT LAND 00ED ST THE CITY OF LUBSOCII IM SEFTIOII 70. OLD= S- N.A G.M. RR- COURANT
TVATEY. GARZA COUNTY. TEXAS. SAID COITIM-LINE BEIM AS FOLLOW:
BEGINNING AT A POINT FOR CENTER -LINE STATNOM ID. 0.00 IT TIE VEST LINE OF A PROPOSED
SO-X SO' STATION SITE TRACT FROM @HOP POINT A 1/2'IIIDII ROD/CAP MARSED-STE4MRT
SURVEYING' SET FOR THE ►O7RTHOEST MAKER OF SAID 50"X SO' TRACT BEAU N 25'ZS''23' E A
DISTANCESOF ISERR OTSAIID SENIOR 70 S OS �� 237 AtDDIM ROD ISSTA C OF aSFO FEET AM
N 8A'12*21' M A DISTANT OF 35SO.49 FAT AND 5 0I.47'41 V A DtSTW OF 11F4.64 FEET:
IME N W31'37- 9 ALOM SAID CETRETI-LIVE FOR A DISTMICE OF F39.94 FIST TO A POINT OF
DEFLECTION TD THE RIGM AND BEING GEMS! -LINE STATION ND-
THBICE N 44.03"02- t1 ALONG SAID CENTER -LINE FOR A DISTANCE OF 216-63 FEET TO A POINT OF
DEFLECTION TD THE LEFT AND BEING CENTER -LINE STATION IO. 3.55.6:
DEHFLLO'55- If ALONG NFOR A DISTANCIE OF
7_16 FEET TO A POINT OF
ECT ON TO THE LEFT AND BEING LINESTATION MD-883-g
THENCE N &7 3T'SS' 9 A40M SAID CENTER -LINE FOR A DISTANCCE OF 64.67 FEET TO A POINT OF
DEFLECTION TO THE RIGHT AND BEING CENTER -LINE STATION EW- 4.40.0:
THENCE " DEFLECTION TO TICE LEFT BEING FOR
NO. S-20.i .� TEST To A POUR of
TIiFJICE k W40'42- 9 ALONG SAID CENTER -LINE FOR A ONSTASM OF 78.A3 FEET TO A POINT OF
DEFLECTION TO THE RIGW AND eElkO CZT/IEB-LINE STATION Mo. 6•07.0:
THENCE k W07' 17- 9 ALONG SAID CENTER -LINE FOR A DISTANCE OF 79.07 FEET TD A POINT OF
DEFLECTION TO THE 21m1'T AND BEING CENTER -LINE STA71ON kD. 6.66.01
TTEIICE N 7'-03-41- 9 ALUMS SAID CENTER -LINE FOR A DISTANCE OF 191.72 FEET TO A POUR OF
DEFLECTION TD TNGE R16NT AND BEING CENTER -LING STATION 90. 8-77.7-
THE11M N 5W25-14- O ALDM SAID TERM -LINE FOR A DISTMM OF IDI_HO FEET TO A POINT OF
DEFLECTION TO THE LEFT AND BEIM CE71TE1k-LINE STATIC# No. 10.99.6:
YFODM N 73r2S'37- ® ALONG SAID C374TER-9 IME FOB A DISTAPM OF 244-58 FEET TO A POIIFF OF
DEFLECTION TO THE R1C3lT AND BEING COTTER -LINE STATION W. 13.04.2,
Tl N 72.27'02- 9 ALONG SAID CEWFM-L1�IIIE FOS A DISTANCE OF 171.74 FEET TO A POINT OF
D ION TO TM Rtf7(T Alm BEIR8 1ENTE'IC LIPS STATION KO. 14.76.0:
THEACE N SA119"09- O ALONG SAID CENTER -LINE FOR A DISTANCE OF 232-SI FEET TO A POINT OF
DEFLECTION TO THE LEFT AD BEIM CENTER -LINE STATION IO_ 17-DD.S:
k 7i108IT 4' n ALONG SAID Co"W-LINK FOR A DISTANCE OF 440.29 FEET TO A POINT OF
DFFL NOR 1 THE LIST AND BEINGCENTER-LINE STATION NO. 21.4A.7:
THeNCET3 9 104T46-RV ALONG SAID CO"IM-LIE FOX A OISTAIX OF 119.27 IMF TO A POINT OF
DEFLECAI:D BEING CENTER -LINE STATION 10. 22-67.0:
TWNCE k W 59'39- v ALONG SAID CENTER -LINE F"OR A OISTARLE OF 644.06 FEET TO A POINT OF
OULECT14 N TO THE R181R Alm BEING CENTER-LIIE STATION ND. 29.12.0:
THENCE if 7r16"27- v ALONG 3A10 CENTER -LINE FOR A D)STANCE OF 949.60 TO A POINT in
THE TEST LIHE OF SECTION 70 BEING CE11TEB-LINE STATION W. 38.6I.6 FOS
TIfE OF 11T5
SECTIONT70IFRON SEMS 310Ql� ;M 4 A DIID STANCE OF 21 IRON 2jjgFOUNDq FW /M p Co pO F
AMTHM
1/2' IRO" NOD FOLIO BEAR* M OI'Q'4/' E A DISTANCE OF 3044_II FEET_
PAGE 45 of 47
EXHIBIT "B"
to
PUMP STATION AND WATER PIPELINE EASEMENT
►AGPOSEO so At 50" 3TAT ION SITE
C11T OF LUJPOdt
DESCIIII'WAVEY IG4PL COIINIY 7AME 1FjIAS TL O 0.057 a[RE1I* LAND in 9ECTION 9E/N0 a9 fnLLOPf ITLOM S. M L O.M. Rs. OOPAN►
HTEGINNINO AT A 1/7'IRON ROO/CAP WARSAW 'STFPAItT SURVEYING' SET FOR T10, Soulm EST
COWER OF MIS TRACT FROM TRiT131 POINT A I/i' IRON M FO1R0 FOR TK SOU7TI"ST
CORNER OF SA10 SECTION 70 REARS N RR'IT'TI' SO
DISTANCE OF 3OSP 10 FEET AM
S 01'47 41' IS A DISTANCE OF 1174.34 FEET.
1� Oi ROD%C"3AAARIAED MS TEV T SURYEIE of THIS ► mes' SET J701111 MFwORIHiEST GORIER 70JOW OF O. mFEET i0 A,
TRACT:
I ENE 3 6i'3T'37' E ALONG THE NORTH LINE OF THIS TRACT FOR A 0/STANCE OF 50.0 FEET to A
1i1-1ROIT ROWCA► MARRED 'STERART SURVE•IHO' "I FOR ME 11CRTIEAST GORIER OF THIS
TRACT:
T1iEUM S 2S•25'23' V AAO110 THE EAST LINE OF TMIS FRACT FOR A OISTAOCE OF S0.11 FEET TO A
117'14001 ROOM" 1AAAREO 'STCNMIT SNtYETINO' SET FOR TIE SOUTHEAST CORSEP OF THIS
TRACT:
THENTZ N Of 3A 37- ASALONG THE SOUTH LANE OF THIS TRACT FOR A 0111AFIM OF 50-0 FEET To THE
PLACE OF SEOINNINO
PAGE 46 of 47
Exhibit ►►E-I" Resolution No. 2008-RO178
Contemplated Pipeline and Pump Station Arrangement
3-B-160r.
N
12" WATERLINE TO SERVE LAKE ALLEN HENRY ---
DISTRIBUTION PUMP STATION
• - I Et • 1
I . � I
' � 1 ♦' PVC 1
STA 20+10
- •t i� V 10•L�F. 13FE1 /
.,,�'CE°' :�!':'• ` �• t` PVC. 12� GATE
VALVE, 1D L. .
OF 12 PVC.
.e _ �� GATE VALVE
N.T.S
,+ R
j.
/ I
WF.CAL ^ f7, C'L� ]ECin`. • - 'rf 1 : sh'— --._. tl i PROPOSED L.A.N
1 • 1 N
DIST.PU PSTATION MINERAL NOTESt
' .vJ" � � ,+!• ,- � � , 1. PRIQI TO AMV CONSTRUCTION
a .:. �.: •1 DITCEREMT CROU THIS PLAM. CALL
DAVIO OCEERM K W S4111 tSi.
— \ ' \ - ._•, ,i M.T.S !. TRACER WIRE SMALL WE INSTALLED TO
INDICATE LOCATION 6 PIPE.
'nrP"I�p'-4.`s '�. i•".v, •.• ). WRpATO" CALL ►OR LINE LOCATES
-- • •, ., „' 't- AN NDIRS PRION T BEGINNING OT
A■T COMSTNUCTION ACTIVITY.
A• Iw'SIWTOTCOPL EVIITN E►A 5I STORM
l '-'i •=yF- ... _^ REQUIREMENTS POLLUTMpI ION EVEMTIPLAN
LUBBOCK WATER UTILITIES
c�. J.O. 108026
��� • • < < • W.W.O. 222.8002
'`F • ,c '-,ti.IY3L_il."LRE PUMP STATIeti3. 3CA E 1' 00, DATE 04/l8
ACRE S,DIS URBED:LESS THAN 1
108026.dgn 4/16200811:20:40
PUMP STATION AND WATER PIPELINE EASEMENT
STATE OF TEXAS §
COUNTIES OF GARZA AND KENT §
PUMP STATION AND WATER PIPELINE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, the City of Lubbock, a Texas home
rule municipal corporation (the "City"), for and in consideration of the amount of Ten
and No/100 Dollars ($10.00), the receipt and sufficiency of same herein acknowledged,
does, subject to the terms hereof, hereby grant, without warranty, expressed, statutory or
implied, including without limitation, any warranties under Section 5.023 of the Texas
Property Code, unto the Lake Alan Henry Water District (hereinafter called the
"District"), and to its successors or assigns, a perpetual easement on, over, in, under, and
through, and the right to enter upon the lands of the undersigned, for the limited purposes
set forth below, situated in Garza and Kent Counties, State of Texas, being (i) that certain
land, thirty feet (30') in width, and being more particularly described on Exhibit "A",
W
attached hereto and hereinafter referred to as "Easement Property," to survey, construct,
inspect, operate, maintain, replace and remove under the above described lands, a water
pipeline or pipelines and all necessary and desirable appurtenances, facilities, and
structures related thereto as may be reasonably necessary in connection with the
construction, operation, maintenance, and replacement of the water pipeline or pipelines;
and (ii) that certain land, .057 acres in size, and being more particularly described on
Exhibit "B", attached hereto and hereinafter referred to as "Easement Property," to
survey, construct, inspect, operate, maintain, replace and remove a pump station and all
necessary and desirable appurtenances, facilities, and structures related thereto as may be
reasonably necessary in connection with the construction, operation, maintenance, and
replacement of the pump stations. The District shall also have the right to: (1) remove
from or place on the Easement Property earth, rock and other materials, with written
approval of City; and (2) trim, cut, and remove brush and other vegetation. The
permitted uses of the Easement Property as described in this paragraph shall hereinafter
be referred to as the Easement Purposes.
1. Any pipeline shall be buried at least forty-two (42") inches below the ground
surface, and shall be maintained and constructed in a manner to eliminate the settling of
earth or surface over the pipeline area.
2. DISTRICT SHALL INDEMNIFY AND HOLD CITY AND CITY'S ELECTED
OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INDEPENDENT
CONTRACTORS HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW,
FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS,
LIABILITIES AND EXPENSES, INCLUDING WITHOUT LIMITATION,
BOOK 2 57r PAR
REASONABLE ATTORNEYS' FEES, AS A RESULT OF, ARISING FROM, OR
RELATED TO DISTRICT'S USE OR OCCUPATION OF CITY OWNED LANDS OR
THE EASEMENTS GRANTED HEREBY AND/OR ANY MATTER RELATED TO
DISTRICT'S OPERATIONS OR OMISSIONS UNDER THIS EASEMENT,
INCLUDING ANY AND ALL CLAIMS, DEMANDS, DAMAGES, COSTS, AND
EXPENSES CAUSED IN WHOLE OR IN PART, BY THE SOLE OR CONCURRENT
NEGLIGENCE, OF ANY KIND, TYPE OR DEGREE, OF CITY, CITY'S ELECTED
OFFICIALS, OFFICERS, AGENTS, EMPLOYEES OR INDEPENDENT
CONTRACTORS.
3. Duration of Easement. The duration of the Easement is perpetual.
4. Reservation of Rights. District's right to use the Easement Property is
nonexclusive, and City reserves for City and City's heirs, successors, and assigns the
right to use all or part of the Easement Property in conjunction with District as long as
such use by City and City's heirs, successors, and assigns does not interfere with the use
of the Easement Property by District for the Easement Purpose, and the right to convey to
others the right to use all or part of the Easement Property in conjunction with District, as
long as such further conveyance is subject to the terms of this Easement. Q
5. Assignment. Except as otherwise provided herein, this Easement, and the rights W
granted herein, shall not be assignable, in whole or in part, by District. Notwithstanding
the general prohibition contained herein, District may, upon the conditions set forth
herein, assign this Easement, and the rights granted herein, to South Garza Water Supply,
Inc. Upon assignment, District shall provide notice of same to City, along with an
acknowledgement by South Garza Water Supply, Inc. that it shall be bound by all terms
and provisions of this Easement the same as if it were an original party to the Easement.
6. Temporary Construction Easement. District has the right (the "Secondary
Easement") to use up to 30 additional feet of the surface of the property that is adjacent to
the Easement Property ("Adjacent Property") as is reasonably necessary to install and
maintain the facilities within the Easement Property (for the purposes of Paragraph's 6
and 7, the "Facilities") for a period of time beginning upon the date hereof and expiring
December 31, 2010. The Parties agree that additional construction, maintenance, and
repair may be required from time to time on the Facilities. If the use of additional
property is required for the construction, maintenance, or repair of the Facilities from
time to time, the District may request from the City additional temporary construction
easements or licenses. The City shall not unreasonably withhold the granting of such an
easement or licenses. The granting of such rights may be conditioned, among other
things, upon the conditions, provisions and requirements of District provided herein as
relates to the water pipeline and/or the Easement Property, including without limitation,
the obligation to restore the Adjacent Property to its previous physical condition if
changed by use of the rights granted by this Secondary Easement.
7. Improvement and Maintenance of Easement Property. Improvement and
maintenance of the Easement Property and the Facilities will be at the sole expense of
District. District has the right to eliminate any encroachments into the Easement that
BOOK 2:7 PAGE '361
materially interfere with the operation of the Easement Purposes, after ten (10) days
notice to City. District must maintain the Easement Property in a neat and clean
condition. District has the right to construct, install, maintain, replace, and remove the
Facilities under or across any portion of the Easement Property and to maintain the
Easement Property and the Facilities associated therewith so as to ensure compliance
with TCEQ rules and regulations. District has the right to remove or relocate any fences,
after twenty (20) days notice to City, within the Easement Property or along or near its
boundary lines if reasonably necessary to construct, install, maintain, replace, or remove
the Facilities, subject to replacement of the fences to their original condition on the
completion of the work on or before forty-eight (48) hours after removal of the fences..
8. Equitable Rights of Enforcement. This Easement may be enforced by restraining
orders and injunctions (temporary or permanent) prohibiting interference and
commanding compliance. Restraining orders and injunctions will be obtainable on proof
of the existence of material interference or threatened material interference, without the
necessity of proof of inadequacy of legal remedies or irreparable harm, and will be
obtainable only by the parties to this Easement or their successors or permitted assigns;
provided, however, that the act of obtaining an injunction or restraining order will not be 0
deemed to be an election of remedies or a waiver of any other rights or remedies 0
available at law or in equity.
9. Binding Effect. This Easement binds and inures to the benefit of the parties and
their respective, successors, and permitted assigns.
10. Choice of Law. This Easement will be construed under the laws of the state of
Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or
counties in which the Easement Property is located.
11. Waiver of Default. It is not a waiver of or consent to default if the non -defaulting
party fails to declare immediately a default or delays in taking any action. Pursuit of any
remedies set forth in this Easement does not preclude pursuit of other remedies in this
Easement or provided by law.
12. Legal Construction. Whenever context requires, the singular will include the
plural and neuter include the masculine or feminine gender, and vice versa. Article and
section headings in this Easement are for reference only and are not intended to restrict or
define the text of any section. This Easement will not be construed more or less favorably
between the parties by reason of authorship or origin of language.
13. Notices. Any notice required or permitted under this Easement must be in writing.
Any notice required or permitted by this Easement will be deemed to be delivered
(whether actually received or not) when deposited with the United States Postal Service,
postage prepaid, certified mail, return receipt requested, and addressed to the intended
recipient at the address shown in this Easement. Notice may also be given by regular
mail, personal delivery, courier delivery, facsimile transmission, or other commercially
BOOK 2 ,9, 7 PAGE 936 2
reasonable means and will be effective when actually received. Any address for notice
may be changed by written notice delivered as provided herein.
Lake Alan Henry Water District
Attention: President, Board of Directors
P.O. Box 493
Post, Texas 79356
City of Lubbock
Attention: City Manager
P.O. Box 2000
Lubbock, Texas 79457
14. Time. Time is of the essence. Unless otherwise specified, all references to "days"
mean calendar days. Business days exclude Saturdays, Sundays, and legal public
holidays. If the date for performance of any obligation falls on a Saturday, Sunday, or
legal public holiday, the date for performance will be the next following regular business
day.
IN WITNESS WHEREOF, the undersigned set their hands and seals this the 14th
day of May, 2008.
CITY OF LUBBOCK
By:
DAVID A. MILLER, MAYOR
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the -�6ay of ,
2008, by DAVID A. MILLER, Mayor of the City of Lubbock, Texas, a Texa ome rule
municipal corporation, on behalf of said municipal corporation.
otary Public, State of Texas
VENIra WADSWORIH
MY COMMISSION EXPIRES
May 28, 2008
nu 2 5 7' PAGE 3 6 3
0
0
CJ
LAKE ALAN HENRY WATER
DISTRICT
.'�
Name: JAI.
-�7
Title: rrz,05 : f
ATTEST:
STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me
2008, by Ma r 16 �J,
WLe'rbiAict, on behalf of said district.
Notary .ublic, State of Texas
(AURA C POLLARD
My Commissim ExpNs
August 15. 2008
�Ra
on the J* day of
of the Lake Alan Henry
BOOK 2 � PAGE 364
EXHIBIT "A"
to
PUMP STATION AND WATER PIPELINE EASEMENT
PROPOSED 30' VIDE RATER SUPPLY PIPELINE EASEMENT
CITY OF LU8000L
81 116 A CE1171 6 U66 DESCNIPTION OF A 30' 9NOE SAM t/I/PPLY PIMI►E EAS>3ENT ON A
TRACT OF LAW 9aED Rr TIES CITY OF LNBDOCK IN SECTION 70. OLDOI S- H.L G.1/. M- COWA1N
SURYE7. GUM COUNTY. TEXAS. SAID CENTER -LINE BEING AS FOLLOW-'
FOR THE Ii07H1N£57 CF SAID 50'X 50' TRACT Orc�A>o116�Tt 2SZ5'2d' E A
OF S0 FM AID SECTION TO SFaROT10g �'25 23'/f AIBM DTA �c OF 35FONF AND,
A DISTANCE OF 3OU-49 FEET AID s 01-47-48- V A OISTAWX OF U74.04 FEET:
T�)} �jj�N� N G4-3I'37- 9 ALONG SAID GOITER -LAW FOR A DISTANCE OF 139.94 FEET 70 A POINT OF
DEFLECTION 19 THE RIGHT AND BEING CENTER -LINE STATION 90.
THENCE N 44.03'02' C ALONS SAID CENTER -LA! FOR A DJ$TAN1 E OF 216.53 FEET TO A POINT OF
DEFLECTION TD THE LEFT AND 9121116 CEMM-LINE STATION NO. 3.56.6:
TINENIE H M-16'55- It ALONG 4AIp [pl1E14.111E FOR A DISTANCE OF 27.35 FEET TO A POINT OF
DEFLECTION TO THE LEFT AND BERMS CENTER -LINE STATION/ NO. 3.63-9:
THENCE H 8432-SS' 9 ALOM SAID CERYEE-LINE FOR A DISTANT E OF 64.67 FEET TO A POINT OF
DEFLECTION TO THE RIGHT AND BEING CEOM-LINE STATION 0D. 4.40.6:
THEItM N W38'OV C ALOM SAID CEN EII-LINE FOo A DISTANM OF 79.59 FEET TO A POINT OF
DEFLECTION TO T10E LEFT AND WN0 CENTER -LINE STATION MID. 5.20.2%
THEME N 69.46'42- W ALOM SAID CENTER -LIFE F011 A DISTANCE OF 70.113 FEET TO A POUR OF
DEFLECTION TO TIN$ RIGHT AND BEIMB C917ER-LINE STATION NO. 8.07.0.
THENCE N BD-07"17- O ALOM SAID CENMII-LIME FOR A DISTWGE OF 79.07 FM TO A POINT OF
DEFLWTIC30 TO THE RIGHT AND GEEING CDI ER -LINE STATION RD. A-86.01
THENCE N 7V-03'41' W ALONG SAID CENTER -LIME FOR A DISTANCE OF 194.72 FIXT TO A PRINT OF
DEFLECTION TO THE RIGHT AND 99INA CENTER -LINE STATION 90. 5-77.?-
TWJKE
N W26-14- R ALONG SAID CENTER -LINE FOR A DISTANCE OF IDI.R9 FEET TO A POINT OF
DEIPLECTION TO THE LEFT AND REINS CETITER-LIME STATION 90. 10-59.6:
TWMZ N 73'25'37- IS ALONG SAID CENTER -ISSUE FOR A OISTANICE OF 244.56 FEET TO A POUR OF
DEFLECTION TO TIE RIC-NT AND BEING CF}ITM-LINE STATION ND. 13.04.2a
TN IR 72-i7"02- v ALONG SAID CENTER -LINE FOS A DISTANCE OF 171.74 FEET TO A POINT OF
0 ION TO THE RIGHT AND NNEIRS CE14TEW LINE STATION MD. 14.76.09
THENCE N SII.19-o/- 9 ALONG SAID CENITER-LINE FOR A DISTANCE OF 232.51 FEET TD A F03KT OF
DEFLECTION TO THE LEFT MID VEINS CENTER -LINE STATION 111- 17-00.5:
N 71.11'04' Is ALOIp SAID CENTER -LINE FOR A DISTANCE OF 440.29 FEET TO A POINT OF
OFSL N 10N TO TIE LEFT AND BEING CENTER -LINE STATION M. 21.46.7:
THENCE B B7-24'45' O AA11,090 SAID CRITEB-LINE FOS A DISTANCE OF II9.27 FEET TO A POINT OF
DEFLECTION TO THE RIISNT AND REINS CENTER -LINE STATION 99. 22-67.9:
TkEME N W50-39- V AL0110 SAID CENTER -LINE I= A DISTANCE OF 644.05 FLIT TO A POINT OF
DEFLECTION TO THE R1ENT Alp 11EIN6 Ci7TF2-LTNNE STATION ND. 29-I2.0:
THENCE N 72-1b'27- fr ALm1Ij SAID CETER-LIIE_FOR A D13TAIICE_OF V49.60_FFFI 70 A POINT IN THE lwtlr I I u rr - - - - -
.. M A YIs1AN ag 21g0..BO F�T AID Faa>< SAID POIiT AdOY1FA IRON itOD 1'OIIID aFAOs r n1,4 u' - ....
BOOK 2 9 7 PAGE "6 5
O
O
EXHIBIT SIB/f
to
PUMP STATION AND WATER PIPELINE EASEMENT
PROPOSED SOY SO' STATIOII SITE
CA IT OF LUB00CR
DESCNI PIIOM OF A O.DS7 ACRE TRACE &F LAND IN SECTION 70 BLOCK S. H.A O.M. RCOWANY
COANY
SURVEY. OAA2A COUNTY. CE%AS SAID 0.057 ACRES BEING AS 0OLLOWS
BEGINNING AT A It2 IRON ROO KAP Wy{Ep -STErAAT SURVEYING- SET FOR Im sOOIHEST
CORNEA OF TNIS TRACT FROr IMICH PGIrT A If2• RAGA NOD FOLSO FOR fm sammIEST
CORNET OF SAID SECTION 70 BEAR! N Be 12,21, r A DISTANCE OF 36U 49 FEET AND
S 0P47 41' ■ A DISTANCE OF I174_64 FEET.
TIENLE N 2V 25 23- E ALDUS THE REST LINE OF INIS TRACT FOR A O/S7ARIE OF SO.O FEET TO A
lit-IRONI RODAfCAR WTED AI-s IETART SIAVEYINO- SET FOR TW NORTHPE3T CORNEA OF MIS
TRACT.
THEIKE S B4'34"37' E ALONG THE /MAIN 411E Of FNIS TRACT FOR A DISTANCE i 59.0 FEET TO A
10T-IRON ROD/GIP YARNED SMNAAV SURVEYING- SET FOR THE NU47IEAST GORIER OF THIS
1A ACT.
I/ENiE S 2525'23' r ALONG THE EAST LINE OF THIS TRACT FOR A DISTA/CL OF SO.0 FEET TO A
117'IRON AOD/FJ} MAAR(.D STESART SURYEYIfO' SET FOR TW SOUTHEAST OOIDEA OF THIS
TRACT:
THENCE Al 64*34 37- If ALONG TIE SOUTH LINE OF TNIS TRACT FOR A Of STAISM OF SO-0 FEPT TO THE
PLA¢ OF BEGINNING
FILED FOR RECORD
�(SE da of ; ;�I�i • —2p L�
` ...N.M•
o'clock
at
]IM PLUMMER
CLERK. CA�RZA COUNTY•TEXAS
�" f t/ t U �DBPuty
By
BOOK 2 9 7 PAGE
Q:\CITYATIARICHARD'.LAHWD Pump Station and Water Pipeline Easement.doc
May 14, 2008
366
Stag Of 'i t u-t
County of Garza
I hereby certify that this iastrume-'t"
time stamped hereon by me and was duty recorded in
the volume and page of the named records of Garza
County, Texas as stamped hereon me.
R 'ded
�'`°""► uol " Page
Records
Jim Plummbr
County & District Clerk
a County, Texas
Deputy