HomeMy WebLinkAboutResolution - 2003-R0218 - Street Use License_Well Permit - OES Environmental, Inc. - 06_12_2003Resolution No. 2003-RO218
June 12, 2003
Item No. 29
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 Street Use License and/or
City Public Grounds Monitor Well Permit with associated documents, between the City
of Lubbock and OES Environmental, Inc. Said agreements are attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the
minutes of the City Council.
Passed by the City Council this
12th day of June , 2003.
OUGAL. MAYOR
ATTEST:
Rebe a Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-Wa Agent
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
gs/ccdocs/St Use Lic-OES Environmental Inc.res
Jan 13, 2003
Resolution No. 2003-RO218
.Tune 12, 2003
Item No. 29
STREET/USE AND/OR CITY
PUBLIC GROUNDS MONITOR WELL PERMIT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
KNOW ALL MEN BY THESE PRESENTS:
This indenture made this 12th day of June , 2003, being the date
of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal
Corporation, and OES ENVIRONMENTAL, INC. hereinafter called "PERMITTEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does
hereby grant to the PERMITTEE, the right, privilege and license to use portions of dedicated
streets and/or alleys and/or City public grounds for a groundwater monitoring well, to -wit:
TRACT 1
BEGINNING at a point that is 20.00 feet West and 5.00 feet South of the Southeast
corner of Lot 20, Block 1, Lisemby Addition to the City of Lubbock, Lubbock County,
Texas;
THENCE East 2.00 feet;
THENCE South 2.00 feet;
THENCE West 2.00 feet;
THENCE North 2.00 feet to the POINT OF BEGINNING.
TRACT 2
BEGINNING at a point that is 20.00 feet East and 5 feet South of the Southwest corner
of Lot 15, Block 1, Kinser Addition to the City of Lubbock, Lubbock County, Texas;
THENCE East 2.00 feet;
THENCE South 2.00 feet;
THENCE West 2.00 feet;
THENCE North 2.00 feet to the POINT OF BEGINNING.
Texas Natural Resource Conservation Commission (TNRCC) leaking petroleum storage tank,
Site No. 093156.
The term of this grant shall be for five (5) years from date hereof, and shall be
automatically extended for successive five (5) year terms not to exceed twenty (20) years. In any
event unless either party shall give written notice of termination to the other party before the
expiration of the original or any subsequent five (5) year term, as the case may be, and the CITY
OF LUBBOCK retains the right at its election to cancel and revoke this permit with or without
cause upon thirty (30) days prior written notice to the PERMITTEE. Said notice shall be
deemed properly serviced if deposited in the post office, postage paid, addressed to
PERMITTEE at the last known address of PERMITTEE. Application fee for this permit is ONE
HUNDRED FIFTY AND NO/100 DOLLARS ($150.00) and is non-refundable.
Upon expiration or cancellation and revocation of this permit by the CITY OF
LUBBOCK or the abandonment of the permit by the PERMITTEE, the improvements that are
permitted under this permit shall be removed by the PERMITTEE and the property shall be
restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event
PERMITTEE fails or refuses to remove such improvements after demand by the CITY OF
LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed
such improvements, and the expense incurred shall be assessed against PERMITTEE for which
PERMITTEE shall be liable.
I. PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such
grant the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) cash in advance
contemporaneously with the acceptance and execution hereof by PERMITTEE for the first five
(5) year non-refundable term of this permit, and thereafter such rate of compensation may be
changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of
compensation which is based on procedures and policies as established by the City Council of
the CITY OF LUBBOCK. If such rate is not changed by the CITY OF LUBBOCK, the rate
for the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the
PERMITTEE of any change in rates in writing before the start of the five (5) year term to which
such change in rate shall apply, and if such notification is not made, then the rate for the
preceding five (5) year term shall apply. This first five (5) year ONE THOUSAND AND
NO/100 DOLLARS ($1,000.00) fee shall be tendered in the form of a certified or cashier's
check prior to the placing of the request for this permit on the City Council Agenda. This five
(5) year fee is only refundable if this permit request is turned down by the City Council.
2. The PERMITTEE agrees to pay all costs arising out of the exercise of this permit
herein granted including, but not limited to the replacement and repairing of paving, sidewalks
and utilities of any nature occasioned by the construction as authorized by this permit.
PERMITTEE must utilize all necessary construction barricades, warning signs and traffic
control devices, in accordance with the Texas Manual on Uniform Traffic Control Devices
(T.M.U.T.C.D.), when drilling the monitor well, inspecting the monitor well or testing of water
samples and removal of the monitor well. All drilling fluids and cuttings are to be emptied at
Texas Water Commission approved sites and not be emptied onto City streets, alleys, or City
owned property.
3. In the event the CITY OF LUBBOCK determines that the existence of such use
interferes with or causes the rerouting or realignment of any public utility, franchised utility or
sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK, or
franchised utility, the PERMITTEE agrees to reimburse the CITY OF LUBBOCK or such
utility, as the case may be, for its expense in relocating or rerouting over and above the expense
which would have been incurred except for PERMTTTEE'S use herein. All work is to be done in
compliance with local, State and Federal laws and regulations.
4. This permit is not transferable by the PERMITTEE without first receiving the
written consent of the City Manager of the CITY OF LUBBOCK.
5. This permit is made subject to the condition that should the PERMITTEE exercise
any right under the permit herein granted and prepare or begin or complete any part of the
construction as herein contemplated across any or all of the above described property, then and
in that event said PERMITTEE, its successors and assigns will at all times defend, indemnify
and otherwise hold the CITY OF LUBBOCK, its agents, servants and employees harmless from
any and all claims, demands, actions, causes of action, suits at law or in equity of whatsoever
kind or nature which may grow out of or be related to the making of this permit or the
construction or maintenance and use permitted herein. Permittee is responsible and liable for
any and all contamination done to the water table if such occurs during the drilling, monitoring
or filling of the well. The CITY OF LUBBOCK, at its option, may require an agreement with
any contractors hired by the PERMITTEE to perform the construction, repair or maintenance
permitted herein, which agreement will indemnify the CITY OF LUBBOCK from and against all
claims, liability, cost and expense growing out of the performance of the work to be done by
such contractors. The CITY OF LUBBOCK may further require any of said contractors, when
engaged in the construction, repair or maintenance permitted herein, to furnish, without expense
to the CITY OF LUBBOCK, a reliable surety bond, in any amount and in a form satisfactory to
the said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants
and conditions in said agreement, and a certified copy of a policy of public liability insurance
assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF
LUBBOCK agrees to give notice to the PERMITTEE prior to incurring any costs or expenses or
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
OES ENVIRONMENTAL
the payment of any such claims or demands in order to give the PERMITTEE, a reasonable
opportunity to settle or adjust the same.
6. If the street or alley area is ever widened and the well is found to be located in the
portion to be widened and must be relocated, Permittee must fill the old well and drill a new well
at Permittee's sole expense. This new well, if required by the Texas Water Commission, could
be located on City owned property and permittee will be reasonable for additional licensing
costs.
7. After completion, the well shall be permanently filled and capped to the
requirements of the City, the Underground Water Conservation District, the TNRCC or other
applicable specifications. In general, the finished surface shall be left in a condition at least as
good as that which existed prior to the drilling operations.
8. PERMITTEE agrees and is required to furnish a policy of public liability and
property damage insurance within limits as follows:
Commercial General Liability Insurance
Amount — Bodily Injury $500,000 each occurrence
Property Damage $100,000 each occurrence and
OR
Commercial General Liability Insurance
Amount $600,000 combined single
Limit each occurrence and
in the aggregate
Solely at Permittee's expense, Permittee shall do one of the following things:
(1) Permittee may furnish a separate insurance policy showing the City of Lubbock as
named insured; or
(2) Permittee may furnish an insurance certificate showing the City of Lubbock as an
additional named insured by endorsement on Permittee's insurance policy.
9. All of the covenants and provisions of this permit shall be binding upon and inure
to the benefit of the successors, legal representatives, assigns and the duly authorized agents and
contractors of the parties hereto to the same extent and effect as the same are binding upon and
inure to the benefit of the parties hereto, but no assignment hereof by the PERMITTEE, its
successors and assigns, shall be binding upon the CITY OF LUB13OCK without the consent of
the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4).
10. PERMITTEE, by its acceptance of the uses permitted herein, understands and
agrees that no interest, title or rights of possession are intended or implied except those
expressly set forth herein, and PERMITTEE waives any and all claims in and to the public way
PERMITTEE is permitted to use hereby and agrees to give peaceful possession of said property
covered herein upon termination or cancellation of this permit.
Written notices required hereunder shall be mailed to the City of Lubbock, addressed to
the City Manager, P.O. Box 2000, Lubbock, Texas 79457. Written notices required hereunder
should be mailed to the PERMITTEE, OES Environmental, Inc., 440 Wrangler Drive, Suite
300, Coppell, Texas 75019.
By:
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
OES ENVIRONMENTAL
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
AGREED TO AND ACCEPTED this 12th day of June , 2003.
PERMITTEE: OES ENVIRONMENTAL, INC.
ADDRESS: 440 WRANGLER DRIVE, SUITE 300
COPPEJ TEXAS 75019
BY: L/14
NAME �Nj� i C (2 I4-r Cam.-!
TITLE:
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
OES ENVIRONMENTAL
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas,
on this day personally appeared Marc McDougal, Mayor, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 13+� day of
2003. qq
osn0000�m C..F.�cse� L��
CELIA WEBB Notary Public in and for the State of Texas
"M' � Uia I�e610
Printed or Typed Name of Notary
THE STATE OF TEXAS
COUNTY OF D A- I A
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas,
on this day personally appeared rn i CL e- L— 6l I' C r&- _ _ _ _ known to me to
be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that (s)he executed the same for the purposes and consideration therein expressed and as act and
deed of aforesaid PERMITTEE.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� / � day of
2003.
Notary Public in and for the State ofTexas
F -tea R R- d /,e j o /`
Printed or Typed Name of Notary
gs/D5.9/SACPGMWP-OES Environmental
Jan. 13,2003
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
OES ENVIRONMENTAL