HomeMy WebLinkAboutResolution - 5369 - Street_Alley &_Or CPGMWP - TDOT - Looney Subdivision - 12_19_1996RESOLUTION NO. 5369
Item #9
December 19, 1996
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 Street/Alley And/Or City Public Grounds
Monitor Well Permit by and between the City of Lubbock and the Texas Department of
Transportation, attached hereto, and 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 19th day of December ZL
�'
ALEX "TY" CO KE, MAYOR PRO TEMPORE
ATTEST:
kayff Darnell, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-of-Wa3VAgent
APPROVED AS TO FORM:
azold Willard, Assistant City A orney
dp=dw,ltdt.=
November 7, 1996
RESOLUTION NO.5369
Item #9
December 19, 1996
STREET/ALLEY AND/OR CITY
PUBLIC RO MONITOR WELL PERMIT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this 19th day of nr romhor , 1996, being
the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and the TEXAS DEPARTMENT OF TRANSPORTATION,
hereinafter called "PERMITTEE."
WITNESSETH:
Subject to the terms, conditions and provisions herein, the CITY OF LUBBOCK does
hereby grant to the PERMITTEE, the right, privilege and license to use portions of dedicated
streets and/or alleys and/or City public grounds for groundwater monitoring wells, to -wit:
BEGINNING at a point which is 36.5 feet West and 86 feet North of the
Southwest corner of Lot 17-A, Looney Subdivision to the City of Lubbock,
Lubbock County, Texas;
THENCE 2.00 feet North to a point;
THENCE 2.00 feet West to a point;
THENCE 2.00 feet South to a point;
THENCE 2.00 feet East to the POINT OF BEGINNING.
BEGINNING at a point which is 36.5 feet West and 111.00 feet North of the
Southwest corner of Lot 17-A, Looney Subdivision to the City of Lubbock,
Lubbock County, Texas;
THENCE 2.00 feet North to a point;
THENCE 2.00 feet West to a point;
THENCE 2.00 South feet to a point;
THENCE 2.00 feet East to the POINT OF BEGINNING.
Texas Natural Resource Conservation Commission (TNRCC) leaking petroleum storage tank,
L.P.S.T. Site No. 9 5 9 S /
The term of this grant shall be for five (5) years from date hereof, and shall be
automatically extended for successive five (5) year terms not to exceed twenty (20) years, unless
either party shall give written notice of termination to the other party before the expiration of the
original or any subsequent five (5) year term, as the case may be, and the CITY OF LUBBOCK
retains the right at its election to cancel and revoke this permit with or without cause upon thirty
(30) days prior written notice to the PERMITTEE. Said notice shall be deemed properly served
if deposited in the post office, postage paid, addressed to PERMITTEE at the last known address
of PERMITTEE. Application fee for this permit is ONE HUNDRED FIFTY AND NO/100
DOLLARS ($150.00) and is non-refundable.
Upon expiration or cancellation and revocation of this permit by the CITY OF
LUBBOCK or the abandonment of the permit by the PERMITTEE, the improvements that are
permitted under this permit shall be removed by the PERMITTEE and the property shall be
restored to its original condition at no cost or expense to the CITY OF LUBBOCK. In the event
PERMITTEE fails or refuses to remove such improvements after demand by the CITY OF
LUBBOCK, the CITY OF LUBBOCK shall take possession and remove or cause to be removed
such improvements, and the expense incurred shall be assessed against PERMITTEE, for which
PERMITTEE shall be liable.
PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such grant the
sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) cash in advance
contemporaneously with the acceptance and execution hereof by PERMITTEE for the first five
(5) year non-refundable term of this permit, and thereafter such rate of compensation may be
changed for each succeeding five (5) year term by the CITY OF LUBBOCK to a rate of
compensation which is based on procedures and policies as established by the City Council of
the CITY OF LUBBOCK. If such rate is not changed by the CITY OF LUBBOCK, the rate for
the preceding five (5) year term shall apply. The CITY OF LUBBOCK shall notify the
PERMITTEE of any change in rates in writing before the start of the five (5) year term to which
such change in rate shall apply, and if such notification is not made, then the rate for the
preceding five (5) year term shall apply. This first five (5) year ONE THOUSAND AND
NO/100 DOLLARS ($1,000.00) fee shall be tendered in the form of a certified or cashier's
check prior to the placing of the request for this pen -nit on the City Council Agenda. This five
(5) year fee is only refundable if this permit request is denied by the City Council.
2. The PERMITTEE agrees to pay all costs arising out of the exercise of this permit
herein granted, including but not limited to the replacement and repairing of paving, sidewalks
and utilities of any nature occasioned by the construction as authorized by this permit.
PERMITTEE must utilize all necessary construction barricades, warning signs and traffic control
devices, in accordance with the Texas Manual on Uniform Traffic Control Devices
(T.M.U.T.C.D.), when drilling the monitor well, inspecting the monitor well or testing of water
samples and removal of the monitor well. All drilling fluids and cuttings are to be emptied at
TNRCC-approved sites and not be emptied onto City streets, alleys or City -owned property.
3. In the event the CITY OF LUBBOCK determines that the existence of such use
interferes with or causes the rerouting or realignment of any public utility, franchised utility or
sanitary or storm sewer line constructed or to be constructed by the CITY OF LUBBOCK or
franchised utility, the PERMITTEE agrees to reimburse the CITY OF LUBBOCK or such utility,
as the case may be, for its expense in relocating or rerouting over and above the expense which
would have been incurred except for PERMITTEE'S use herein. All work is to be done in
compliance with local, State and Federal laws and regulations.
4. This permit is not transferable by the PERMITTEE without first receiving the
written consent of the City Manager of the CITY OF LUBBOCK.
5. This permit is made subject to the condition that should the PERMITTEE exercise
any right under the permit herein granted and prepare or begin or complete any part of the con-
struction as herein contemplated across any or all of the above described property, then and in
that event said PERMITTEE, its successors and assigns, to the extent permitted by State law,
will at all times defend, indemnify and otherwise hold the CITY OF LUBBOCK, its agents,
servants and employees harmless from any and all claims, demands, actions, causes of action and
suits at law or in equity of whatsoever kind or nature which may grow out of or be related to the
making of this permit or the construction or maintenance and use permitted herein, to the extenT
permitted by state law. PERMITTEE is responsible and liable for any and all contamination
done to the water table if such occurs during the drilling, monitoring or filling of the well. The
CITY OF LUBBOCK, at its option, may require an agreement with any contractors hired by the
PERMITTEE to perform the construction, repair or maintenance permitted herein, which
agreement will indemnify the CITY OF LUBBOCK from and against all claims, liability, cost
and expense growing out of the performance of the work to be done by such contractors. The
CITY OF LUBBOCK may further require any of said contractors, when engaged in the
construction, repair or maintenance permitted herein, to furnish, without expense to the CITY OF
LUBBOCK, a reliable surety bond, in any amount and in a form satisfactory to the City Attorney
for said CITY OF LUBBOCK, guaranteeing the faithful performance of all the terms, covenants
and conditions in said agreement, and a certified copy of a policy of public liability insurance
assumed by said contractors in said agreement with the CITY OF LUBBOCK. The CITY OF
LUBBOCK agrees to give notice to the PERMITTEE prior to incurring any costs or expenses or
the payment of any such claims or demands in order to give the PERMITTEE a reasonable
opportunity to settle or adjust the same.
6. If the street or alley area is ever widened and a monitoring well is found to be
located in the portion to be widened and must be relocated, PERMITTEE must fill the old well
and drill a new well at PERMITTEE'S sole expense. This new well, if required by the TNRCC,
may be located on City -owned property and PERMITTEE will be responsible for additional
licensing costs.
7. After completion, the well shall be permanently filled and capped to the
requirements of the City, the Underground Water Conservation District, the TNRCC and other
applicable specifications. In general, the finished surface shall be left in a condition at least as
good as that which existed prior to the drilling operations.
8. LICENSEE is self -insured under Texas Law and a statement referencing the
particular statutes and the amount of coverage is attached to this license.
9. All of the covenants and provisions of this permit shall be binding upon and inure
to the benefit of the successors, legal representatives, assigns and the duly authorized agents and
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT
SOUTHWEST CONVENIENCE STORES, INC. --- PAGE 2
contractors of the parties hereto to the same extent and effect as the same are binding upon and
inure to the benefit of the parties hereto, but no assignment hereof by the PERMITTEE, its
successors and assigns, shall be binding upon the CITY OF LUBBOCK without the consent of
the CITY OF LUBBOCK in each instance, except as specified in numbered paragraph four (4).
10. PERMITTEE, by its acceptance of the uses permitted herein, understands and
agrees that no interest, title or rights of possession are intended or implied except those expressly
set forth herein, and PERMITTEE waives any and all claims in and to the public way
PERMITTEE is permitted to use hereby and agrees to give peaceful possession of said property
covered herein upon termination or cancellation of this permit.
Written notices to the CITY OF LUBBOCK required hereunder shall be mailed to the
CITY OF LUBBOCK, addressed to the City Manager, P. O. Box 2000, Lubbock, Texas
79457. Written notices to the PERMITTEE required hereunder should be mailed to Woody
Marcy, Texas Department of Transportation, P.O. Box 711, Lubbock, Texas 79408.
CITY OF LUBBO K
BY: AA �,
ALEX "TY" COO , MAYOR -PRO TEMPORE
A EST:
ay arriell, City Secretary
APP'R VVED AS TO CONTENT:
Ed Bucy ight-of-Wa gent
arry eel, ty Engineer
APPROV-EOD�AS�T,O^FORM::
$ oid Willard Assistant City orney
AGREED TO AND ACCEPTED this day of , 1996.
PERMITTEE:
TEXAS DEPARTMENT OF TRANSPORTATION
BY: ��x/
WOODY MAKCY /
Title: A. 24,
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared ALEX "TY" COOKE, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same as the act and deed of the CITY OF LUBBOCK and as its MAYOR PRO
TEMPORE, for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this zo -t- day of
beu,w,� , 1996.
[Seal]
+� KATHERINE EGGER
Notary Public, State of Texas
Notary Public in anor the State of Texas
. -•' My ComMsslon Expires 1M-97
e `
Printed or Typed Name of Notary
My Commission Expires: to• 6.g-1
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT
SOUTHWEST CONVENIENCE STORES, INC. --- PAGE 3
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and
State, on this day personally appeared WOODY MARCY, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein stated and as the act and deed of the aforesaid
PERMITTEE.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 34 day of
DEc�N. r1s2 , 1996.
[Seal]
EDWAM WIMN gay Notary Public in and for the State of Texas
Merry t,Mo, tfli�
Printed or Typed Name of Notary
My Commission Expires: I t ( z 1
j s:P-tdt.doc\D6-Dee ds,Esmts
November 7, 1996
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS MONITOR WELL PERMIT
SOUTHWEST CONVENIENCE STORES, INC. --- PAGE 4
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ATTACiH WT
To Whom Et May Conoam:
The foHowing infomktion b ptovldeJ!
6MXtMCE
1. The Texas A&M lktiversity S+ystot+ Is wHAr mired for Workers' Compensation
tnaranae Ww MW by AW=k 9309b, Y T.C-S-
2. The System s wmjmd under! an wnwwbib lisbMty V cy with a combtnW
single an* of 4600,000 for bodilY k*xy and property damege.
3. the fmbgity Of The Texas AAM UniWSitY System for poroonei k*vv and
property da nMp is providsd by the Texas Tort Ctdtm Act, Chaptw 101,
Section 101.021, Y T.C.A. CM Practka and Remedies Code. The knits of
iialAity am $260AW for each person, $500,000 for esch single occxsrw=
for bodity injury or death and *I COA 0 for each skVW ocewrarwoe for krt j ay tt,
or desWction of propeny.
FOR MMHM NFOR4tArON
C(HItTACT
OFFICE Of MK MAMAQBAtT
(408y 6464435