Loading...
HomeMy WebLinkAboutResolution - 2378 - Special Use Permit - CRMWA, & USBR - Street Improvements Crossing Main Aqueduct - 07_24_1986Resolution #2378 July 24, 1986 Agenda Item #10 JWF:da RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. It is contemplated that in connection with the proposed dedication of East 16th Street by McLane Company, Inc. (Grocery Distribution) as an integral part of the platting of proposed Tract 6, Planters Industrial Park as an addition to the City of Lubbock, Lubbock County, Texas, there is an existing easement of right of way for the Canadian River Project Aqueduct which crosses an area into which the proposed East 16th Street will project into, over, above, and across said easement which will necessitate the execution of an agreement by and between the City of Lubbock and the Canadian River Municipal Water Authority and the United States of America Bureau of Reclamation, Department of Interior; therefore, the Mayor of the City of Lubbock is authorized and directed to execute such agreement in such form as shall be approved by the City Attorney. SECTION 2. Such agreement as finally executed shall be made and become a part of the permanent records of this City Council by the City Secretary of the City of Lubbock. Passed by the City Council this 24th day of July 1986. B. C. McMINN, MAYOR ATTEST: Ranette Boyd, City Sec tart' APPRPVED AS TO C N F,,�TT Larry fman,-' ector of Transportation APPR VED AS TO FORM: ` I--& ff a -YdA4� J. rth Fullingim, Assi ant C'ty Attorney IT UNITED STATES DEPARTMENT OFTHE 1NTERCOR Contract number: U.S: BUREAU OF RECLAMATION Exhibits attached: -',special 041at? cm: SOUTHWEST REGION (Place Contract No. on all Exhibits) (Project) Term: From See No. 8 of attached GENERAL CONDITIONS Authority to issue permits -by the United States is contained in;the Act of Congress of June 17, 1902 (32 Stat. 388), and acts amendatory thereofor sup- plementary thereto; particularly section 10 of the Act of August 4, 1939 (53 Stat.,1196); as amended by the Act of August 18, 1950 (64 $tat. 463; 43 , U.S.C. 387)i and 43 CFR 429. Authority to issue permits has been delegated to certain managing agencies or water -user districts responsible for the management of Bureau of Reclamation (Reclamation) lands under separate memorandum of agreement. 1. Payments. All payments shall be made to the. issuing office on or without fault or negligence. The permittee will fully repay Reclamation for, before the date of issue by a postal money order or a check. All money any and all damage, directly or indirectly, resulting from the permittee's paid under this permit shall be retained by the issuing office. If Section negligence or failure to use reasonable care. 9(b)(2) is exercised, the fee paid under this permit shall be refunded by prorata share as determined by the issuing officer. 9. Revocation: (a) Violation: This permit may be revoked on the loth 2. Use Limitations.. The permitted use; (a) is limited to the purposes day following written notice to the permittee upon a finding by the issuing and premises herein specified; (b) does not, unless specified in the per- officer that the permittee has violated any of the terms herein or made mit, grant any rights to water; (c) does not, unless provided for in the per- use of the premises for purposes not herein prescribed: Provided, That if' mit, allow restriction of public entry or,.uses on. or;to the area; (d) is subject said violation or nonprescribed use of the premises ceases within 10 days to existing easements, rights -of -way, or reservations; (e) is subject to the of receipt of notice, the permittee will be allowed to,_mamta p occupancy right of Reclamation and its assigns to grant other permits for use of the under this permit. same premises upon a finding by the issuing officer that the additional use is compatible with the use permitted herein; and (f) shall not impede (b) Nonuse and project purposes: This permit may also be revoked Reclamation, its agents or assigns from carrying on whatever activities with 30 days written notice to the permittee upon a finding by the issuing are necessary, to (1) protectand maintain the premises, facilities, and ad- officer that: (1) the permittee has failed to use or discontinued use of the jacent lands administered by the United States and its agencies and (2) premises for a period of 2 years; or (2) the premises are needed for pro - manage all resources located on the premises and other Reclamation ject purposes. lands. (c) Illegal use: Any illegal use of or illegal activity on premises 3. No Warranty. Permission to use the premises specified herein is specified herein shall be cause for immediate termination of this permit. granted only to the extent of the United States in therein, and the United States makes no warranty, expressed or implied, as to the extent 10. Cultural Values. Should evidence of historical, archeological, or or validity of the grant contained herein. paleontological sites be discovered during use of the premises, the per- mittee immediately shall suspend operations and advise the issuing 4. Land Use Stipulation. There is reserved from the.rights herein officer: granted, the prior rights of the United States acting through Reclamation to construct, operate, and maintain public works now or hereafter 11. Termination. At the termination of this permit, the permittee authorized by the Congress without liability for severance or other shall immediately give up possession to the United States reserving, damage to the permittee's work. however, the rights specified in paragraph 12. Upon failure to do so, the permittee shall pay the United States, as liquidated damages, an amount 5. Damages. The United States shall not be responsible for any loss double the rate specified in this permit for the entire time possession is or damage to property arising from the issuance of this permit, including retained. The acceptance of any fee for liquidated damages or any other but not limited to.damages to growing crops, animals, and machinery; or act of administration relating to the continued tenancy is not to be con - injury to the permittee or its associates, officers, agents, employees, or sidered as an approval of the permittee's possession. any others who are on the premises, or for damages or interference caused by natural phenomena. The permittee agrees to indemnify and 12. Removal of Permittee's Property. Upon the expiration, ter - hold harmless the United States, its employees, agents, and assigns from mination, or revocation of this permit, if all rental charges and damage any loss or damage and from any liability on account of personal injury, claims due the United States have been paid, the permittee may remove property damages, or claims for personal injury or death arising out of all structures, machinery, or other property from the premises. Upon permittee's activities under this permit. the permittee also agrees to save failure to remove any of the said property within 60 days of expiration, the United States, its assigns and agencies, harmless from any damage to termination, or revocation, it shall become the property of the United the permittee or third parties resulting from projectactivities of•Reclama- States, and the permittee shall pay the United States for all expenses tion, its agents and assigns. related to property removal 6. Perm ittee to pefendeTitle' The permittee shall defend the United. 13. Transfer of Privileges. This permit is not transferable without States in any action which alleges that permittee's use of project right -of - prior written approval of the issuing officer. Additional administrative way or facilities under this agreement is,unlawful in•any manner and fur- ", fees may be charged by issuing office for such transfers. ther agrees to indemnify and hold.the United States harmless from the decision in any such type of litigation. 14. Nondiscrimination in Employment. The permittee agrees to be bound by the equal opportunity clause of Executive Order 11246. 7. Operating Rules and Laws. The permittee shall comply with all municipal, county, State, and Federal .laws, rules, and regulations ap- 15. Interference prohibited. The permitted activities shall be con- plicable to their operations under this permit. The permittee shall conduct ducted so as not to interfere with the operation, maintenance,and its operations so as to ,prevent any pollution or any unnecessary damage administration of Reclamation projects. Any additional_, repairs, to the environment and, except where clearing is required for permanent maintenance, or expense to Reclamation projects as a result of the per - works, all trees and other vegetation shall be preserved and protected mitted activities shall be reimbursed to the United,States by the permit - from damage which may be caused by permittee's activities. tee. _:.. 8. Res nsibili i po }y"of permittee:. The permittee, by operating on the 16. Compliance. Failure of the P issu+ng officer to 4nSist upon strict premises, shall be considered to have accepted these remises with all P compliance with any of this permit's terms, conditions, and requirements _,_ . ___ __-_..P the facilities, fixtures, or improvements in their existing condition as of shall not constitute a waiver or relinquishment of any right to thereafter the date of this permit. At the end of the period specified or upon earlier enforce any of the permit's terms; conditions; or requirements. termination, the permittee shall give up the premises in like condition as when. received except for reasonable wear, tear, or damage occurring Special Conditions r. 1. All rights of the United States and its successors and assigns to survey, construct, reconstruct, operate, maintain, and remove the water pipeline or conduits and all appurtenances thereto are reserved unto the United States; Provided, However, That the rights of access to through traffic roadways and/or ramps shall be subject to the same rules and regulations as applied to the general public, except as otherwise provided for herein, and neither the United States nor the City, by the execution of this agreement, waives or relinquishes any right which it may have under the law or constitution, State or Federal. If existing facilities are to be altered or modified or new facilities constructed within said right-of-way area, the United States agrees to notify the City prior thereto and to furnish information showing location, type of construction, and methods to be used for protection of traffic. If, in the opinion of the City, such alteration, modification, or new construction will endanger the traveling public using the street, the City shall have the right, after receipt of such notice, to prescribe such regulations as necessary for protection of the traveling public using said street. 2. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, either party hereto may at its own responsibility and risk make necessary emergency repairs, notifying the other party hereto of this action as soon as is practical. 3. The City shall advise the United States or the Canadian River Municipal Water Authority (Water Authority) in sufficient time to permit inspec- tion, if deemed necessary, by the Water Authority Manager on behalf of the United States of the construction work in progress and at the completion of construction within the aqueduct right-of-way. 4. The City shall pay said Water Authority the actual necessary direct cost and expenses for such inspection services plus an allowance for indirect costs. 5. The City shall remove and replace at its own expense any damaged curbing, islands, control devices, paving, and base adjacent to or overlying the aqueduct segment in need of repair. 6. The City shall furnish evidence to the United States and Water Authority that, with respect to construction of the crossing, its contractor carries regular contractor liability insurance and, in addition, a protective liability policy in behalf of the United States and Water Authority which will pay for all costs and expenses incurred from damages to the aqueduct facility and related claims with a minimum of $250,000. 7. The City will accomplish all construction, operation, and main- tenance on project rights -of -way in a manner which avoids damage to or obstruc- tion of project facilities, or interferes in any way with the operation and maintenance of the same. If normal traffic loads are to be exceeded, including excess loads from construction or maintenance equipment, the City shall take adequate precautions for protection of the aqueduct. Except as shown on approved construction drawings, the City will not remove nor place additional overburden on United States rights -of -way. 8. The terms of this agremeent shall continue so long as the City uses the concerned project rights -of -way for street purposes. If the City should discontinue the use of facilities constructed under the terms of this agreement for street purposes, it shall remove all facilities so constructed, leaving the premises in a condition satisfactory to the United States unless, at the option of the United States, the facilities are permitted to remain upon the rights -of - way of the United States. JL AREA OF COMMON RIGHTS —OF —WAY - -- 6 0 M CQ EAST 16T STREET 35.5' CANADIAN RIVER. PIPELINE EASEMENT A port of the SE. 114 of Section 5, Block 0. Lubbock County, Texas. BEGINNING AT A POINT which bears south 1,375.03 feet from the northeast corner of the southeast one quarter of section 5, Block 0, Lubbock County, Texas; THENCE South, a distance of 75.00 feet to a point; THENCE S89034'18"W, a distance of 35.50 feet to a point; THENCE North, a distance of 75.00 feet to a point; THENCE N89034118"E, a distance of 35.50 feet to the point of beginning, containing 0.6 acre, more or less. GAlit A Page 1 of 2 6.. i no 52' 1-1/2" A.C. SURFACE 6'CALICHE BASE PROPOSED PAVEMENT STRUCTURE East 16th Street paving is proposed to be 52 feet wide centered in a 75 foot right-of-way. The center line of the street will cross the CRMWA pipeline at approximate station 8440+17. 6" 4.J f it United States Department of the Interior BUREAU OF RECLAMATION SOUTHWEST REGION COMMERCE BUILDING, 714 S. TYLER, SUITE 201 AMARILLO, TEXAS 79101-2386 IN REPLY REFER TO: 422 VED t Z ` Mr. Larry V. Hoffman Director of Transportation City of Lubbock Post Office Box 2000 Lubbock, Texas 79457 Dear Mr. Hoffman: Enclosed for your files is a fully executed copy of Document No. 7-LM-50-06210, Special Use Permit for street paving improvements over a portion of the Canadian River Project's Main Aqueduct. Sincerely, 0 gene Hinds Regional Director Enclosure cc: Mr. John C. Williams, General Manager Canadian River Municipal Water Authority Post Office Box 99 Sanford, Texas 79078 (w/c enclosure) nEC 1986 : t �4 u.'.s Ei V f'rb EIc;° E 0,