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HomeMy WebLinkAboutResolution - 5351 - Agreement - Schuiler N Jones Jr - Treated Watewater, Agricultural Purposes - 11_21_1996RESOLUTION NO.5351 Item #13 November 21, 1996 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 an Agreement Regarding Treated Wastewater Effluent, attached herewith, by and between the City of Lubbock and Schuiler N. Jones. Jr., for the furnishing of treated wastewater by the City of Lubbock for agricultural purposes, and any associated documents, which Agreement 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 21 s t ATTEST: lk KayM Darnell, City Secretary APPROVED AS TO CONTENT: Ellerbr6ok, Director of Water Utilities APPROVED AS TO FORM: Dohnald G. Vandiver, First City Attorney DGV:da/ccdocs/wastwatr.res rev. November 7, 1996 day of November , 1996. ALEX "T ' COOKE MAYOR PRO TEMPORE RESOLUTION NO.5351 Item #13 November 21, 1996 AGREEMENT REGARDING TREATED WASTEWATER EFFLUENT STATE OF TEXAS § COUNTY OF LUBBOCK § Whereas, SCBUILER N. JONES JR. (herein called "USER") is the owner, lessee or tenant of land described as follows: FARM NUMBER 1143 and the City of Lubbock (herein called "OPERATOR") operates and manages a disposal site reference to which is hereby made for all pertinent purposes, and User desires to take treated wastewater from Operator who disposes of such treated wastewater at the Lubbock Land Application Site; NOW THEREFORE: USER AND OPERATOR CONTRACT AND AGREE AS FOLLOWS: User has 160 acres of Land which will be irrigated by treated wastewater furnished by the Operator. Operator shall furnish treated wastewater to the user at no charge as requested by User to be used on above listed properties that are permitted in the Operator's wastewater permit, TNRCC Permit No. 10353-02. 2. User agrees to utilize and dispose of treated wastewater furnished by the Operator under this agreement in accordance with all terms of TNRCC Permit No. 10353- 02, the Groundwater Remediation Plan, and any other related permits governing the disposal of treated effluent by agricultural irrigation. Terms will include, but are not limited to, establishing tailwater control facilities and establishing measures that preclude the discharge of effluent to ground and surface waters. User also agrees to follow cropping plans authorized in TNRCC Permit No. 10353-02 which calls for a continuous cropping system such as cotton/wheat rotation. User gives the Operator permission to drill and periodically monitor test well(s) which may be required by TNRCC Permit No. 10353-02, the Groundwater Remediation Plan, and any other related permits governing the disposal of treated effluent. 3. The initial term of this agreement shall be for ten (10) years commencing no later than September 1, 1996. Thereafter, this agreement shall be automatically renewed for one (1) successive term of ten (10) years unless canceled in writing by either party no less than ninety (90) days prior to expiration. Executed this 9 1 et day of November , 19 -46-1 City of Alex "Ty" Vooke, Mayor Pro Tem Attest: Omm Attest to Content: Terry EllerbF66k Director of Water Utilities Attest to Form: nald. G. Vandiver, First Assistant City Attorney User: