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HomeMy WebLinkAboutResolution - 4732 - Agreement - Gentry Brothers Farm - Treated Wastewater Effluent - 02_09_1995Resolution No. 4732 February 9, 1995 Item #16 RESOLUTION THAT the City Manager or his designated representative is hereby authorized and directed to execute for and on behalf of the City of Lubbock all Agreements Regarding Treated Wastewater Effluent in substantially the same form as the attached Agreement with various persons or legal entities desiring to utilize City of Lubbock treated wastewater effluent. A copy of such form Agreement is attached hereto 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 9th day of February , 1995. VID R. LA1CfGnON, MATOR ATTEST: gvut�-'- X�' or Betty A. Johnson, tity Secretary TO VED AS TO FORM: G. Vandiver, First Assistant City Attorney ddres\ccdocs\waswat. res January 23, 1995 Resolution No. 4732 February 9, 1995 Item #16 AGREEMENT REGARDING TREATEb WASTEWATER EFFLUENT STATE OF TEXAS COUNTY OF LU8136CK 9 Whereas, Gentry Brothers Farm JAN 191996 !' CITY ATTOMErS OFFICE (herein called "USER") is the owner, lessee or tenant of land described as follows: The Northwest 100 acres out of Section 76, Block A, of Volume 1606, page 861; Volume 1682, page 470: Volume 1682, page 474, and Volume 1763, page 432, Lubbock County, Texas. and The City of Lubbock (herein called "OPERATOR".) operates and manages a disposal site reference to which is hereby madefor all pertinent purposes, and User desires to take wastewater from Operator who disposed of such wastewater at the Land Application Site; NOW THEREFORE: USER AND OPERATOR CONTRACT AND AGREE AS FOLLOWS: 1. User has 86 acres of land which can be irrigated by treated wastewater furnished by the Operator. Operator shall furnish treated wastewater to tho User at the rate of 9.00/a.C'. per ache, per application for the life of this agreement, each such coinp6hsation to be paid by User to Operator. Operator shall furnish wastewater to User as requested by User, except that Operator iS limited, by prior commitments, to furnish Wastewater to 6thdrt, and Operator therefore shall furnish wastewater as requested by User subject to such prior commitments by th6 City of Lubbock. Availability of wastewater shall be determined by the Operator. 2. User Agrees to Utiliie and dispose of wastewater furnished under this Agr6emont in accordanc6 with all the terms of the Wastewater permit of thA City of Lubbock from the Texas Natural Resources ContorvAt16h Commission and User 'shall comply Also with all regulations of th6ir water reuse plan, the Stat6 of Texas and the United States Government with respect to utilization and disposal of wAstewater by irrigation usage. J. This agreement i until December 3 days written not party before Jan of cancellation, therewith on Jan described, 6r if d6scribed, this agreement MAY b6 writt6ti h6tic6 f s for A term from the dai 1, 19964 uhle§t either pa ice of cancellation of tF uary 1, 1996. If either thed this agreement shal uary 1, Mt. If the Use the User termihate§ occU Agreement shs11 also t6rft tehminA W by the Operat or shy hwon. e of execution hereof rty gives thirty (30) is agreement to the other party gives such notice 1 termihate in accordant@ r §6119 the land above- pAncy of the land Above- inate immediAt6ly. This oh upon thirty (30) day§ txecutQd this �2'� day oi' "AAZ4 10q