HomeMy WebLinkAboutResolution - 3739 - Amend R#972 - Street_Alley_Public Ground Monitor Wells - Part 4, Permitting - 10_22_1991Resolution No. 3739
October 22, 1991
Item #13
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RESOLUTION
WHEREAS, the City Council of the City of Lubbock finds it expedient
and in the public interest to amend Resolution No. 972 passed by said City
Council on November 19, 1981, to add a new Part 4 thereto to permit and
allow Texas Water Commission approved monitor wells approved by the Engi-
neering Department of the City of Lubbock, such item in the parkway portion
of public streets and in alleys and public grounds in the City of Lubbock
as hereinafter defined and located, which will be beneficial to the public
health and public welfare of the citizens of the City of Lubbock; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT Resolution No. 972 of the City of Lubbock is amended by adding
thereto an additional Part to be designated as a new "PART IV," which shall
read as follows:
"PART IV. That to utilize the street or alley and public
grounds rights -of -way in the City of Lubbock for the purpose of
drilling and placement of Texas Water Commission approved monitor
wells to periodically sample and analyze the possible contamination
on, in, and above the water table due to the release of hydrocarbons
and petroleum products from ruptured fuel tanks, lines, pumps, or
other related fuel transfer or storage devices, the permit applicant
is required to comply with the following provisions:
1. To necessitate the placing of monitor wells in the parkway
portions of streets, alleys and public grounds within the
limits of the City of Lubbock as hereinabove defined, the
permit fee for the placing of such monitor wells shall be
a non-refundable fee of $500 per well per five (5) year
term. A one-time non-refundable application fee of
$150.00 is required to accompany the permit application
form.
2. The street/alley/public grounds monitor wells permitted
hereunder shall be approved as to proposed design of con-
struction by the Engineering Department of the City of
Lubbock. The City Engineer and the Traffic Engineer shall
approve the location of the monitor wells permitted here-
under.
3. The Permit granted hereunder for maintenance of street/
alley/public grounds monitor wells shall be for a term of
five (5) years from the date of issuance of the Permit re-
newable for successive terms of five (5) years, unless the
Permittee or the City of Lubbock shall either one termi-
nate the Permit by notifying the other to such effect in
writing before the expiration of any five (5) year term of
this Permit. Since this matter involves the jurisdic-
tional control of streets by the City of Lubbock as a home
rule city, the City of Lubbock further reserves the right
to cancel any Permit granted hereunder at any time upon
thirty (30) days written notice to the Permittee hereunder
if in the judgment of the City of Lubbock the public in-
terest so requires.
4. Permits issued hereunder for street/alley/public grounds
monitor wells shall be on a form approved by the City
Attorney, and shall be executed by the Mayor of the City
of Lubbock and approved by the City, Right -Of -Way Agent,
City Engineer, and Assistant City Attorney.
5. Any street/alley/public grounds monitor wells shall comply
with all applicable regulations of the Building Codes and
Zoning Ordinances and work done will be in compliance with
local, State and Federal laws and regulations.
6. The purpose of this part of this Resolution is to help and
aid through the welfare, safety, and health of the citi-
zens of Lubbock by the elimination of pollutants and
contaminants of the underground water table of the City of
Lubbock. The City anticipates the increase of these per-
mits due to increasing Environmental Protection Agency and
Texas Water Commission rules and enforcement practices."
Passed by the City Council this 22nd day of
q
Boyd, City—Secretcfry
APPROVED AS TO CONTENT:
Ed Bucy, Right -Of -Way Agent
APPROVED AS TO FORM: -
,Zti ,
J�' Worthu ingim, Assistant
C y Attorney
October , 1991.
,,J�`
B. C. Mc IN , MAYOR
arry Herte , City Engineer
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