HomeMy WebLinkAboutResolution - 2002-R0067 - Street Use License/Well Permit - High Plains Underground Water Conservation - 02/28/2002Resolution No. 2002-R 0067
February 28, 2002
Item No. 20
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 Use License and/or
City Public Grounds Monitor Well Permit, With associated documents, between the City
of Lubbock and the High Plains Underground Water Conservation District. Said
agreements are attached hereto and incorporated in this resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this 28th day of Feb uary , 2002.
WINDY SI ON, MAYOR
ATTEST:
OA
&JAQ Z 'f . eL�--
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way AgerK
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
gs:ccdocs/High Plains Underground Water Conservation D
Feb 15, 2002
Resolution No. 2002-80067
February 28, 2002
Item No. 20
STREET/USE AND/OR CITY
PUBLIC GROUNDS MONITOR WELL PERMIT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
This indenture made this 28th day of February , 2002, being
the date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and HIGH PLAINS UNDERGROUND WATER
CONSERVATION DISTRICT, 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 a groundwater monitoring well, to -wit:
BEGINNING at a point that is 7.00 feet South and 23.00 feet West of the Southeast
corner of Lot 24, Block 1, O'Neal Terrace Addition to the City of Lubbock, Lubbock
County, Texas;
THENCE South 2.00 feet to a point;
THENCE West 2.00 feet to a point;
THENCE North 2.00 feet to a point;
THENCE East 2.00 feet East to the POINT OF BEGINNING.
Texas Natural Resource Conservation Commission (TNRCC) leaking petroleum storage
tank, Site No. 96766.
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. In
any event 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 serviced 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.
1. PERMITTEE shall pay to the CITY OF LUBBOCK as compensation for such
grant the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) 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 FIVE HUNDRED AND
N0/100 DOLLARS ($500.00) fee shall be tendered in the form of a certified or cashier's
check prior to the placing of the request for this permit on the City Council Agenda. This five
(5) year fee is only refundable if this permit request is turned down 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 Texas Water Commission 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 Manage 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 construction as herein contemplated across any or all of the above described property, then
and in that event said PERMITTEE, its successors and assigns 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, 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. 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 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 the 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 Texas Water Commission,
could be located on City owned property and permittee will be reasonable 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 or 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.
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
HIGH PLAINS UNDERGROUND WATER
CONSERVATION DISTRICT
8. PERMITTEE agrees and is required to furnish a policy of public liability and
property damage insurance within limits as follows:
Commercial General Liability Insurance
Amount — Bodily Injury $500,000 each occurrence
Property Damage $100,000 each occurrence and
OR
Commercial General Liability Insurance
Amount $600,000 combined single
Limit each occurrence and
In the aggregate
Solely at Permittee's expense, Permittee shall do one of the following things:
(1) Permittee may furnish a separate insurance policy showing the City of Lubbock
as named insured; or
(2) Permittee may furnish an insurance certificate showing the City of Lubbock as
an additional named insured by endorsement on Permittee's insurance policy.
9. All of the covenants and provisions of this permit shall bee binding upon and
inure to the benefit of the successors, legal representatives, assigns and the duly authorized
agents and 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 required hereunder shall be mailed to the City of Lubbock, addressed to
the City Manager, P.O. Box 2000, Lubbock, Texas 79457. Written notices required hereunder
should be mailed to the PERMITTEE, High Plains Underground Water Conservation
District, 2930 Avenue Q, Lubbock, Texas 79405.
CITY OF LUBBOCK
WINDY SITTON, MAYOR
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
HIGH PLAINS UNDERGROUND WATER
CONSERVATION DISTRICT
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Ri -of--Way AgenrE
any ertel, y Engineer
APPROVED AS TO FORM:
_Y.
Linda Chamales
Supervising Attorney/Office Practice
AGREED TO AND ACCEPTED this /J� fih day of �� 2002.
PERMITTEE: HIGH PLAINS UNDERGROUND WATER
CONSERVATION DISTRICT
ADDRESS: 2930 Avenue Q
Lubbock, exas 79405
BY:
J ONKWRIGHT, GE RAL MANAGER
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas, on this day personally appeared Windy Sitton, Mayor, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that she
executed the same as the act and deed of the CITY OF LUBBOCK and as MAYOR, for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day
of %'yja/ti'G� 2002.
MEW
VIAH.REYES^PubNc, $mee of Texas No Public in and for a State of Texas
23
__Ss
Prinibd or Typed Name o Notary
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
HIGH PLAINS UNDERGROUND WATER
CONSERVATION DISTRICT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
BEFORE ME, the undersigned authority, a Notary Public in and for said County,
Texas, on this day personally appeared Jim Conkwright, General Manager, 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 expressed and as act and deed
of aforesaid PERMITTEE.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this IS fg day
of 2002.
DAVM M. 80OWR
W FOU
gs/D5.8/SACPGMWP-High Plains Underground Water C
Feb. 15, 2002
Notary b in and for the State of Texas
�a I/'/'
Printed or Typed Name of Notary
STREET/ALLEY AND/OR CITY PUBLIC GROUNDS
MONITOR WELL PERMIT
HIGH PLAINS UNDERGROUND WATER
CONSERVATION DISTRICT