HomeMy WebLinkAboutResolution - 3338 - Contract - Birdwell Cattle Company - Auction Cattle Grazing Rights - 03_22_1990Resolution # 3338
March 22, 1990
Item #29
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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 Contract by
and between the City of Lubbock and Birdwell Cattle Company for auction cattle
grazing rights, attached herewith, which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 22nd day of March , 1990.
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B. C. McMI N, MAYOR
ATTEST:
et/te Boyd, uity sec
APPROVED ,X TO CONTENT:
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ne t-aos, FuNnasing manager
?APPROVED AS TO FORM:
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a o Willard,- Assistant it
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iAttorney
Z37338
CATTLE GRAZING CONTRACT
Each of the following parties set forth in Paragraph 1 below agree as follows:
1. Parties.
1.1 The City of Lubbock, Texas, a Municipal Corporation referred to as "City",
1.2 Birdwell Cattle Company, referred to as "Owner."
2. Recitals.
2.1 City conducts farming operations upon certain land owned by the City of
Lubbock ("City Farms") where the primary purpose is the lawful disposition of sewage
effluent.
2.2 City and Owner desire to enter into a written agreement to govern the
grazing of cattle by Owner on the City Farms pursuant to the terms and conditions herein
set forth..;
3. Agreement.
3.1 Description of Grazing: This contract governs cattle which are placed for:
Seasonal grazing shall consist of one or more of the following crops: corn,
wheat, alfalfa, jose wheat grass, forage, sorghum, and grain sorghum.
The period for the grazing of the owner's cattle under this contract shall be
approximately May, 1990 to May, 1993, it being understood that the exact dates
for the placing and removal of cattle will be mutually agreed on by Owner and
City.
3.2 Description of Cattle. The exact number of cattle to be grazed will be
mutually agreed upon by Owner and City at the time the land is stocked; however, the
cattle to be grazed are:
Yearlings -- cattle generally weighing 300 lbs to 700 Is at the time the land is
stocked and which will be grazed on all crops identified in Section 3.1 above,
provided, however, that owner may from time to time stock some cows on said
land when agreed on by City and City shall designate Canyon or other selected
locations for cows. Market price for cows will be determined as $3.00 per month
per head above successful bid price.
3.3 Rental. Owner agrees to pay $12.50 per month per head for grazing,
payable each 90 days. At the end of each 90 day period and the final removal of the
cattle from the property, the cattle will be gathered and counted by the Owner, with the
cooperation of the City and such account shall be the basis of payment by the Owner to
the period since the last counting and payment. Without regard to the periodic counting
provided in this paragraph, payment shall be due for any cattle removed from the
premises during the term of the contract, at the time of such removal. Statements shall
be presented reflecting payments due from the owner to the City and all statements are
due and payable in full within ten days of the date of each 90 day statement.
3.4 Responsibilities of Owner. The Owner is to provide all labor, medication,
supplements and services necessary for the care of the cattle which are the subject of this
contract and City has no responsibility for the care of the cattle.
3.5 Additional Feed. It is understood that if the City has available hay or other
roughage which has been produced on the City Farms, then during periods of inclement
weather or excessive damage by migratory birds or water foul which results in grazing
being reduced or not available, the City shall, in its discretion, make such hay or
roughage, to the extent of its reasonable availability to the City, for use by the Owner
in feeding the cattle covered by this contract without additional charge to the Owner.
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3.6 Availability of Water: The City shall be responsible for making available
ground water of suitable drinking quality for the cattle of the Owner at locations in each
pasture, the exact locations to be determined by the City.
3.7 Removal of Cattle: All amount due City under this grazing contract must
be paid prior to the removal of the cattle by Owner.
3.8 Compliance with Regulatory Authorities: Owner understands that this
grazing contract is subject to and is subordinate to disposal of sewage effluent at the City
Farms, including requirements of the Texas Water Commission, the Environmental
Protection Agency, the City of Lubbock and other state and federal regulatory authorities
having jurisdiction. In the event of a conflict between the operation of the City Farms
for disposal of sewage effluent and for cattle grazing, City will give priority to the
requirements of sewage disposal.
3.9 Termination by City: In the event the City determines that the City Farms
may be more appropriately utilized for purposes other than the grazing of cattle and the
City elects to discontinue cattle grazing on the City Farms, then the City may, by giving
four weeks prior notice to the Owner, terminate this contract. Owner shall have four
weeks after receipt of written notice of termination under this subparagraph to remove
the cattle remaining on the property.
3.10 Termination by Owner: If the Owner wishes for any reason to terminate
this Contract, the Owner may, by giving four weeks prior notice to the City, terminate
this contract. Owner shall have four weeks after sending notice of termination under this
subparagraph to remove the cattle remaining on the property.
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3.11 Indemnity and Liability: City shall not have any responsibility for the
condition of or care of the cattle of the Owner which are the subject of this contract.
The Owner agrees to indemnify and hold the City harmless from liability for injury or
death to the Owner's cattle during the term of this contract, provided, however, City shall
be liable to Owner for actual damages arising out of injury or death to the Owner's cattle
occasioned by the negligence of city or City's agents, officers or employees. City or is not
liable to Owner for loss of cattle occasioned by disease or natural causes.
3.12 Insurance: Each of the parties shall be responsible for maintaining liability
insurance against loss, liability or expense to third parties, including personal injury and
property damage, arising out of conduct pursuant to this contract. City agrees to
indemnify and hold Owner harmless from consequences of negligence of the agents and
employees of City resulting in loss or injury to third parties. Owner agrees to indemnify
and hold City harmless from consequences of negligence of agents and employees of
Owner resulting in loss or inquiry to third parties.
3.13 Term: Unless renewed or extended in accordance with the terms hereof,
this contract shall terminate at the end of the winter grazing season in the spring of
1993.
3.14 Fences: City shall maintain fences on the subject property during the term
of this agreement.
3.15 Corrals - Pens - Loading Facilities: The City, in cooperation with the Owner
shall provide reasonable corrals, working pens and loading facilities to accommodate the
needs of the Owners at locations mutually approved by the parties.
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3.16 Binding Effect: This agreement shall be binding on the parties hereto, the
heirs, legal representatives, successors and assigns.
3.17 Venue: This contract is performable in Lubbock County, Texas, where
venue lies for any dispute arising under this agreement.
3.18 Rejection of Bids: Bidder understands that the City has the right to
reject any bids including the right to reject bids on failure to establish financial
responsibility and to waive any formality in the bidding.
3.19 Approval of City Council. Bidder is notified that any and all actions,
decisions and provisions of this agreement made herein are subject to City Council action
and approval.
SIGNED AND EXECUTED this 22nd day of March, 1990.
ATTEST:
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
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m
Carroll McDonald, Assistant City
Manager of Utilities
APPROVED AS TO FORM:
GA
Donald G. Vandiver, First Assistant
City Attorney
B. C. McMINN, MAYOR
Owner - Birdwell Cattle Company
J.E. irdwell
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