HomeMy WebLinkAboutResolution - 2016-R0071 - Bill Sides - 02/25/2016Resolution No.2016-R0071
Item No.5.14
February 25,2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute forand on behalfof theCityof Lubbock a Reclaimed Water Supply Contract,by
and between the City of Lubbock and Bill Sides,and related documents.Said Contract is
attached hereto and incorporated in this Resolution as if fully set forth herein and shall be
included in the minutes of the Council.
Passedbythe City Council this February 25 s 2016.
GLEN ef ROBERTSON,MAYOR
ATTEST:
-£(Ua*^
Rebecca Garza.City Secretary
APPROVED AS TO CONTENT:
Aubrey A.Spear,Director ol /Water Utilities
APPROVED AS TO FORM:
res-wasteuater.Bill Sides.
2.9.16
lty Attorney
Resolution No. 2016-R0071
CITY OF LUBBOCK RECLAIMED WATER
SUPPLY CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
WHEREAS, Bill Sides (the "User") certifies, represents and warrants that he is the
owner or has authorization to enter into this agreement (the "Contract") on behalf of the owner,
of the lands described as follows (the "Property"):
Property: A Tract of 188.1 acres of land known generally as Tract Number Seven of the
A.H. Baer Estate lands in Lubbock County, Texas and being 93.9 acres out of
Section 3, Block I, 12.8 acres out of Section 20, Block S and 61.4 acres out of
Section 76, Block A, described by metes and bounds as follows: Beginning at 1'/a"
iron pipe set for the Southwest corner of this tract which said iron pipe is located
875.25 varas North 89' 42' West and 76.9 varas South 0° 38' East from the
Northeast corner of Survey Number Twenty (20), Block S in Lubbock County,
Texas; Thence North 0° 38' West at 76.9 varas cross the north line of Section 20,
Block S and the South line of Section 76, Block A; at 1027 varas the Northwest
comer of this tract in center of public road going east and west; iron pipe on south
side of road; Thence South 870 52' East at 495.05 varas cross the East line of
Section 76, Block A and West line of Section 3, Block I; at 1058.25 varas the
Northeast comer of this tract in center of public roads going north, south, and west
and in the east line of Section 3, Block I; Thence South 0° 26' East 982 varas to
the Southeast corner of this tract in center of public road going north and south;
in the east line of Section 3, Block I; in the east line of Section 3 , Block I, iron
pipe on West side of road; Thence North 89' 42' West at 183 varas cross the west
line of Section 3, Block I and east line of Section 20, Block S; at 1058.25 varas
the place of beginning and containing 188.1 acres, more or less, of land.
Reclaimed Water Supply Contract Bill Sides Page 1 of 9
WHEREAS, the City of Lubbock (the "City") operates and manages the Southeast Water
Reclamation Plant, and the Texas Commission on Environmental Quality (herein called
"TCEQ") has the authority to regulate and enforce activities under this Contract regarding the
use of Reclaimed Water (herein so called); and,
WHEREAS, the City is authorized to provide Reclaimed Water pursuant to TCEQ
Authorization No. R10353-002C for Type II use pursuant to 30 Tex. Admin. Code Chapter 210,
a copy of which is attached hereto as Exhibit A; and
WHEREAS, the City Council finds that it is a public benefit to the City at this time for
the User to receive the Reclaimed Water pursuant to this contract as it is currently excess to the
City; and
WHEREAS, User desires to receive from the City, and the City desires to provide to
User, to the extent available, Reclaimed Water for the purpose(s), and only the purposes, stated
in Section 1.01 of this Contract.
NOW THEREFORE, USER AND CITY CONTRACT AND AGREE AS FOLLOWS:
ARTICLE I USE OF RECLAIMED WATER
1.01 Subject to the terms and conditions hereof, the City shall provide, and User shall
receive, Reclaimed Water for, limited to use upon the Property for the purpose of (check
all that apply):
X Agricultural irrigation of crops not for human consumption
Irrigation of crops that will be peeled, skinned, cooked, or thermally
processed before human consumption is allowed
Agricultural irrigation of pastures for grazing of non -milking animals
Industrial cooling water
1.02 To the extent the City is authorized by the Permit to distribute Reclaimed Water and that
Reclaimed Water is available as solely determined by the City, the City shall provide
Reclaimed Water Supply Contract Bill Sides Page 2 of 9
Reclaimed Water to the User on a demand basis only. User expressly agrees and
understands that the use of Reclaimed Water contemplated hereby is made on an "as
available" basis from the City. Further, the City may be required from time to time to
cease deliveries of Reclaimed Water to User in the event State dictated quality standards
are not met. Nothing in this Contract shall ever be construed to obligate the City to provide
Reclaimed Water to the User.
1.03 The term of this Contract shall be five years (5) years, commencing on March 1, 2016 and
expiring on March 1, 2021.
ARTICLE II DUTIES OF USER
2.01 Prior to being provided Reclaimed Water, as contemplated herein, User shall submit to
the City, certified by a licensed Texas engineer, its (a) transfer, storage, and irrigation
design plan; (b) operation, water balance (or substitute that of the City) and maintenance
plan; and (c) contingency spill plan. The plans submitted by User shall be in full and
complete compliance with all applicable federal and state statutes, rules, regulations, and
local ordinances, including, but not limited to, Title 30, Chapter 210, of the Texas
Administrative Code. The plans submitted shall include, at a minimum, i) labeling and
separation plan for prevention of cross contamination; (ii) measures to be utilized to
prevent unauthorized access to Reclaimed Water facilities; (iii) procedures for monitoring
Reclaimed Water transfer and use; (iv) steps the User will initiate to minimize risk of
inadvertent human exposure; (v) schedules for routine maintenance; (vi) procedures for
employee training and safety precautions relating to Reclaimed Water treatment,
distribution and management; and (vii) contingency plan for remedy of system failures,
unauthorized discharges, or upsets. The City shall have the authority to review the
submitted plans, and may reject said plans, in its sole discretion, if found to be in
noncompliance with any applicable federal or state statute, rule, regulation or local
ordinance, the terms of this Contract, or for any reason deemed material in the sole
discretion of the City. Notwithstanding the right of the City to inspect the plans submitted
by the User, the City shall in no event be responsible for the User's failure to comply with
Reclaimed Water Supply Contract Bill Sides Page 3 of 9
all applicable federal and state statutes, rules, regulations, and/or local ordinances, and all
terms and provisions of this Contract.
2.02 Reclaimed Water provided by this Agreement shall only be used by the User for purposes
authorized in Attachment A, The User shall transport, distribute, irrigate and/or otherwise
utilize the Reclaimed Water supplied by the City as contemplated by this Contract, in
accordance with the requirements of all applicable federal and state statutes, rules and
regulations and all local ordinances, as same may be amended, including but not limited
to, Title 30, Chapter 210 of the Texas Administrative Code. In the event that User shall
fail to comply with same, the City may immediately terminate non -compliant Reclaimed
Water use.
2.03 The User shall not transport, distribute, irrigate and/or otherwise utilize Reclaimed Water
for any purpose other than the purpose(s) stated in Section 1.01 of this Contract. The sale
of Reclaimed Water received from the City to a third parry is strictly prohibited and void.
2.04 The City shall deliver Reclaimed Water from the SEWRP to the point of delivery transfer,
at which such point all liability for the further conveyance and use of Reclaimed Water
shall rest with the User. User agrees that all valves and other controls to start, stop, and
regulate the flow and use of Reclaimed Water that are beyond the point of delivery shall
belong to user and be under the sole responsibility and control of the User. The User shall
be responsible for any and all costs associated with the delivery of Reclaimed Water to
the Property, including, but not limited to (i) meter installation; (ii) taps, and/or extending
distribution lines from the City's trunkline to the Property; (iii) plan, facility and irrigation
design review; and (iv) repairs performed by the City to the User's distribution facilities.
Notwithstanding anything to the contrary herein, the City shall in no event repair, or be
responsible for making any repairs, to the User's above -ground irrigation system(s).
2.05 The User shall ensure that (i) Reclaimed Water overflow, crop stress and undesirable soil
contamination by a salt does not occur; (ii) the irrigation site must be maintained with a
Reclaimed Water Supply Contract Bill Sides Page 4 of 9
vegetative cover or be under cultivation during all times when Reclaimed Water is being
applied; (iii) there shall be no application of Reclaimed Water when the ground is frozen
or saturated; (iv) there shall be no spray and/or any other application of any kind or type
upon areas outside the designated irrigation area; (v) irrigation operations shall be
managed in a manner to minimize the inadvertent contact of Reclaimed Water with
humans; and (vi) distribution systems must be designed to prevent operation by
unauthorized personnel; and (vii) irrigation practices shall not produce incidental ponding
or standing water, except in cases wherein local farming conditions, the accepted irrigation
delivery systems and cropping patterns are such that, as an unavoidable consequence of
such conditions, systems and patterns, there will be standing water.
2.06 User shall ensure that any site containing Reclaimed Water has proper signs in accordance
with 30 Tex. Admin. Code Chapter 210.25(h). All storage areas, hose bibs, faucets, and
other points of access to the Reclaimed Water will be labeled as required.
2.07 Reclaimed Water to be delivered by the City shall be treated effluent in compliance with
applicable state and federal law. Reclaimed Water is not intended for human consumption
or domestic purposes and is to be used only for purposes specified in Exhibit A. The User
has made an independent evaluation of the Reclaimed Water, and the uses thereof, as
contemplated by this Contract, and acknowledges that the City has made no statements or
representations concerning the availability of Reclaimed Water, quality of the Reclaimed
Water, or present or future value of any anticipated income or profits to be derived from
the Reclaimed Water and/or the uses thereof and THAT THE CITY, ITS AGENTS,
OFFICERS, EMPLOYEES, OR REPRESENTATIVES MAKE NO
REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS,
STATUTORY OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, AS TO
THE DESCRIPTION, VALUE, QUALITY, QUANTITY, OR AVAILABILITY OF
RECLAIMED WATER, MERCHANTABLILITY, OR FITNESS FOR PURPOSE OF
THE RECLAIMED WATER. USER FURTHER ACKNOWLEDGES THAT, IN
ENTERING INTO THIS CONTRACT, USER HAS RELIED SOLELY UPON ITS
Reclaimed Water Supply Contract Bill Sides Page 5 of 9
INDEPENDENT EXAMINATION OF THE RECLAIMED WATER AND THE USES
THEREOF, AS CONTEMPLATED BY THIS CONTRACT, AND ITS INDEPENDENT
ESTIMATES, COMPUTATIONS, EVALUATIONS, REPORTS AND STUDIES
BASED THEREON.
2.08 THE USER RELEASES FOR THEMSELVES, PERSONAL REPRESENTATIVES,
HEIRS, DEVISEES, SUCCESSORS AND ASSIGNEES, THE CITY, ITS OFFICERS,
AGENTS, EMPLOYEES AND/OR REPRESENTATIVES, FROM ANY AND ALL
LOSSES, LAWSUITS, EXPENSES, COSTS, PENALTIES, FINES, CLAIMS,
DAMAGES, LIABILITIES AND CAUSES OF ACTION OF ANY KIND OR NATURE,
INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES OR EXPENSES
INCURRED IN CONNECTION WITH, RELATED TO, INCIDENT TO, OR ARISING
OUT OF, IN ANYWAY, MANNER OR FORM, DIRECTLY OR INDIRECTLY, FROM
THE ACTIVITIES CONTEMPLATED BY THIS CONTRACT (COLLECTIVELY,
THE "CLAIMS"), INCLUDING, BUT NOT LIMITED TO CLAIMS OF ANY KIND
OR NATURE, ARISING OR ALLEGEDLY ARISING, OUT OF ANY NEGLIGENT
ACT OR OMISSION OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES OR
REPRESENTATIVES.
2.09 THE USER SHALL INDEMNIFY, REIMBURSE AND HOLD THE CITY, ITS
OFFICERS, AGENTS, EMPLOYEES AND/OR REPRESENTATIVES, HARMLESS
FROM AND AGAINST ANY AND ALL LOSSES, LAWSUITS, EXPENSES, COSTS,
PENALTIES, FINES, CLAIMS, DAMAGES, LIABILITIES AND CAUSES OF
ACTION OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO
ATTORNEYS' FEES OR EXPENSES INCURRED IN CONNECTION WITH,
RELATED TO, INCIDENT TO, OR ARISING OUT OF, IN ANY WAY, MANNER OR
FORM, DIRECTLY OR INDIRECTLY, FROM THE ACTIVITIES CONTEMPLATED
BY THIS CONTRACT (COLLECTIVELY, THE "CLAIMS"), INCLUDING, BUT NOT
LIMITED TO CLAIMS OF ANY KIND OR NATURE, ARISING OR ALLEGEDLY
ARISING, OUT OF ANY NEGLIGENT ACT OR OMISSION OF THE CITY, ITS
Reclaimed Water Supply Contract Bill Sides Page 6 of 9
OFFICERS, AGENTS, EMPLOYEES OR REPRESENTATIVES.
2.10 The User shall not allow the creation and/or continuation of any nuisance condition
resulting from the distribution, use, and/or the storage of Reclaimed Water, and the User
is responsible for abating, in its entirety, any such nuisance or condition.
2.11 The User shall not utilize the Reclaimed Water in any way that degrades, or has the
potential of degrading, ground water quality to a degree adversely affecting its actual or
potential uses.
2.12 Reclaimed Water managed in ponds for storage must be prevented from discharge into
waters of the state, except for discharges directly resulting from rainfall events. All other
discharges are unauthorized. If an unauthorized overflow occurs causing discharge into
or adjacent to waters of the state, the User shall report the non-compliance, in writing, to
the City, the TCEQ regional office and the TCEQ Austin office, Water Enforcement
Section (MC 149), within five (5) working days of becoming aware of the overflow. A
written submission shall contain a description of (i) the non-compliance and its cause; (ii)
the potential danger to human health or safety, or the environment; (iii) the period of
non-compliance, including exact dates and times; (iv) if the non-compliance has not been
corrected, the anticipated time it is expected to continue; and, (v) steps taken or planned
to reduce, eliminate, and prevent recurrence of the non-compliance, and to mitigate its
adverse affects.
Reclaimed Water Supply Contract Bill Sides Page 7 of 9
ARTICLE III MISCELLANEOUS
3.01 This Contract shall be governed by and interpreted according to the laws of the State of
Texas, without regard to conflict of law rules that would direct application of the laws of
another jurisdiction. Venue for any and all actions concerning this Contract, and/or the
activities contemplated thereby, shall exclusively lie in Lubbock County, Texas.
3.02 This Contract, including all exhibits attached hereby or made a part of hereof, if any,
constitute the entire agreement between the City and the User, and supersedes all prior
agreements, understandings and negotiations and discussions whether oral or written, of
the parties. No supplement, amendment, alteration, modification, waiver or termination
with this Contract shall be binding unless executed in writing by the parties hereto.
3.03 No waiver of any provision of this Contract shall be deemed to cause a waiver of any other
provisions hereof, nor shall such waiver constitute a continuing waiver unless otherwise
expressly provided.
3.04 If any term or other provision of this Contract is invalid, illegal or incapable of being
enforced under any rule of law, all other conditions and provisions of this Contract shall
nevertheless remain in full force so long as the economic or legal substance of the
transactions contemplated hereby are not affected in a material adverse manner with
respect to either party.
3.05 This Contract is not intended to create, nor shall it be construed to create, any rights of any
third party under doctrines concerning third party beneficiaries.
3.06 Neither party hereto shall assign this Contract, or any other rights or obligations hereunder,
Without the prior written consent of the other party, and any assignment made without such
consent shall be void. Except as otherwise provided herein, this Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective successors
Reclaimed Water Supply Contract Bill Sides Page 8 of 9
and permitted assignees.
3.07 In the event User shall not comply with any provision hereof, the City may immediately
terminate this Contract and exercise any and all rights and remedies available to it by law,
equity contract or otherwise. In any event, this Contract may be terminated by the User
or City upon ninety (90) days written notice to the non -terminating party. For the purposes
hereof, notice shall be deemed delivered when deposited in a regularly maintained
receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed, if to the City; Attention: Wood Franklin, P.E., P.O. Box 2000,
Lubbock, Texas 79457 and if to User; Bill Sides, Rt. 1 Box 210, Lubbock, Texas 79401.
3.08 The City reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of
relief in a court of competent jurisdiction. Further, the City shall not be subject to any
arbitration process prior to exercising its unrestricted right to seek judicial remedy. The
remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another provision
in, or related to, this document, the former shall control.
ARTICLE IV
SPECIAL PROVISIONS
4.01 By her execution below, Ione Sides, owner of the Property, herein acknowledges that she
has i) read this Contract, ii) understands all of the terms hereof, and iii) expressly consents
to the use of Reclaimed Water, as set forth herein, on the Property.
Executed this 25th day of February 2016.
City of Lubbock:
Glen Robertson, Mayor
User: � ,
c�
Bill Sides
Reclaimed Water Supply Contract Bill Sides Page 9 of 9
Appro as to Content
Aubrey A. Sp , P.E.,
Director of Wer Utilities
Approved as
Attest:
Reb ca Garza, City Secret
Owner:
Ione Sides
By Bill Sides, Agent and Attorney
in -fact for Ione Sides
App v s to Content:
0-44
Mky Gonzales
Wastewater Superintendent
Reclaimed Water Supply Contract Bill Sides Page 10 of 9
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-27048
City of Lubbock
Lubbock, TX United States
Date Filed:
0311612016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a
description of the goods or services to be provided under the contract.
12758
Waste Water Use
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
Sides, Bill
Lubbock, TX United States
X
5 Check only if there is NO Interested Parry.
❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the
above disclosure is true and correct.
D. MITCHELL ����
N6ratys>amaTeW
10S tart' R
MVCffIIr&W$ (11620i8 �^S g ature of authorized agent of contracting
business entity
AFFIX NOTARY STAMP I SEAL ABOVE
Sworn to and subscribed before me, by the said this the
20 , to certify which, witness my hand and seal of office.
q 40
-e-d day of a't e- ,
QU 3 -a iieheu
ature of officer administering oath Printed name of officer administe ng oath Title of offickAdministed oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loll
Complete Nos. i - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-27048
Date Filed:
03/16/2016
Date Acknowledged:
03/29/2016
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
City of Lubbock
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3
Provide the identification number used by the governmental entity or state agency to track or identity the contract, and provide a
description of the goods or services to be provided under the contract.
12758
Waste Water Use
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest (check applicable)
Controlling
Intermediary
Sides, Bill
Lubbock, TX United States
X
5
Check only if there is NO Interested Parry.
❑
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said , this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312