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HomeMy WebLinkAboutResolution - 2008-R0191 - Amendment To Interlcoal Agreement - Texas Agrilife Research - 05/22/2008Resolution No. 2008-80191 May 22, 2008 Item No. 5.23 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 Third Amendment of Interlocal Agreement by and between the City of Lubbock and Texas Agrilife Research, and all related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Executed by the City Council this 22nd day of May 2008. fO- M MARTIN, MAYOR ATTEST: Rebec a Garza, City Secretary APPROVED AS TO CONTENT: Deputy City Manager/Water Utilities Director Aubrey Spears - Assistant W r Utility Director APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney ao/ccdocs/Interlocal Agreement -TX Agrilife 518108 Resolution No. 2008-RO191 THIRD AMENDMENT OF INTERLOCAL AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This Third Amendment of Interlocal Agreement (the "Third Amendment") is made and entered into by and between the Texas Agrilife Research, successor to the Texas Agriculture Experiment Station (hereinafter called "Station"), and the City of Lubbock, a home rule municipal corporation of the State of Texas (hereinafter called the "City"), pursuant to Chapter 791, Government Code. WHEREAS, pursuant to that certain Interlocal Agreement, dated on or about April 11, 1996 (the "Original Agreement"), the City granted to Station the right to utilize approximately 80 acres of land owned by the City for purposes of agricultural experimentation (hereinafter called the "Lands"); and WHEREAS, pursuant to that certain Amendment, Renewal and Extension of Interlocal Agreement, dated on or about April 10, 2003 ("First Amendment"), the City and Station amended the Original Agreement in certain respects, as set forth therein; and WHEREAS, pursuant to that certain Second Amendment of Interlocal Agreement, dated on or about April 22, 2004 ("Second Amendment"), the City and Station amended the Original Agreement, as amended by the First Amendment, in certain respects, as set forth therein; and WHEREAS, the City and Station desire that Lands different from the Lands that were granted to the Station by the Original Agreement, as amended by the First Amendment and Second Amendment, be now utilized by Station; and WHEREAS, the City and Station desire that the Original Agreement, as amended by the First Amendment, Second Amendment, be amended in certain other respects; and WHEREAS, the City and Station now desire to amend the Original Agreement as set forth below. NOW, THEREFORE, for and inconsideration of the mutual promises and covenants contained herein, the parties hereto amend the Original Agreement, as amended by the First Amendment and Second Amendment, as follows: 1. Exhibit "A" to the Original Agreement, as amended by the First Amendment and Second Amendment, as deleted in its entirety and replaced with Exhibit "A", attached hereto. RfFXAgrilifeResearch.3rd Amend February 19, 2008 2. Paragraph (2) of the Original Agreement, as amended by the First Amendment and Second Amendment, is hereby deleted in its entirety and replaced with the following: 2.) TERM. This Agreement shall be for term from April 11, 1996 to April 30, 2009. This Agreement shall be automatically renewed for successive additional one (1) year terms unless either party hereto shall provide notice in writing, delivered no less than thirty (30) days prior to the expiration of the Original Agreement, or extended one (1) year term, as applicable, to the other party of its desire to terminate this Agreement. For purposes of providing notice of termination, as described herein, the City Council of the City of Lubbock hereby delegates said authority to the Director of Water Utilities of the City. 3. Paragraph (3) of the Original Agreement, as amended by the First Amendment and Second Amendment, is hereby deleted in its entirety and replaced with the following: 3.) RESEARCH PROJECTS. The research conducted by the Station will consist of crop variety and hybrid testing, management systems, and other experiments as deemed necessary by the Station and consistent with the City's crop management requirements on the Lands and the Lubbock Land Application Site. 4. Paragraph (4) of the Original Agreement, as amended by the First Amendment and Second Amendment, is hereby deleted in its entirety and replaced with the following: 4.) FARMING OPERATIONS. The Station shall arrange for the supply of all herbicides, seed, insecticides, harvest aides and/or other chemicals or supplies that are required for use on research projects. The Station shall follow and comply with all applicable and environmental and safety related statutes, regulations, orders, rules and ordinances with regard or related to the use of such chemicals and supplies. 5. The Original Agreement, as amended by the First Amendment and Second Amendment, is hereby amended to add paragraph (8) thereto, as follows: 8.) It is expressly agreed and understood that only areas of actively growing crops or recently seeded areas shall be irrigated. The total amount of nitrate nitrogen applied in the irrigation water shall not exceed the published nitrogen requirement of the growing crop, further reduced by the measured 0-30 inch soil profile nitrate nitrogen content. In the event a mixture of crops are planted that shall be irrigated together, the irrigation limitations shall be calculated for the crop with the lowest nitrogen requirement. 6. The Original Agreement, as amended by the First Amendment and Second Amendment, is hereby amended to add paragraph (9) thereto, as follows: 9.) The Station shall arrange for the sampling and measurement of the nitrate nitrogen content in the 0-30 inch soil profile for each separate area planted with MXAgrilifeResearch.3rd Amend February 19, 2008 research crops prior to each growing season and before any crop is planted thereon. The Station shall provide the City with crop information reasonably requested by the City for the purposes of calculating the total amount of irrigation, as prescribed and limited by this Agreement. Such crop information shall include, but shall not necessarily be limited to, all of the information set forth in the Exhibit "B", attached hereto and made apart of hereof for all purposes. 7. The Original Agreement, as amended by the First Amendment and Second Amendment, is hereby amended to add paragraph (10) thereto, as follows: 10.) All irrigation events of Station shall be managed to (i) minimize leaching of irrigation water from the root zone of the planted crop; and (ii) to prevent ponding of any irrigation water. The amount of each irrigation event applied to the Lands, and/or any "portion thereof, shall be documented by the Station and provided to the City on a routine basis, to be not later than 14 days after such irrigation event. 8. The Original Agreement, as amended by the First Amendment and Second Amendment, is hereby amended to add paragraph (11) thereto, as follows: 11.) It is expressly agreed and understood that the Station shall arrange for the harvest of all crops planted on the Lands by the Station in a manner that approximates standard and customary harvest techniques for the South Plains of Texas region. Any and all equipment required for research projects, including without limitation, the planting and harvesting thereof, shall be the sole responsibility of the Station. 9. To the extent that the Original Agreement, as amended by the First Amendment and Second Amendment, conflict with any provision of this Third Amendment, the terms of the Third Amendment shall absolutely prevail and control. 'Except as otherwise modified herein, all terms and provisions of the Original Agreement, as amended by the First Amendment and Second Amendment, shall remain in full force and effect as originally provided. RfrXAgriEifeResearch.3rd Amend February 14, 2008 May Executed this 22nd day of Affil; 2008. CITY OF LUBBOCK: Tom Martin, Maynr ATTEST: Rebe ca Garza, City Secretary- APPROVED ecretary APPROVED AS TO CONTENT: Thomas Ad put�City Manager APPROVED AS TO CONTENT: a, "-, I j , �—' Aubrey Spe Assn tent Water Utility Director APPROVED AS TO FORM: Richard K. Casner, First Assistant City Attorney TEXAS AGRILIFE By Name: Lj Title: Rn-<A�IifeResearckkd Amend February t9,2008 Resolution No. 2008-R0191 EYJHBTI' "A" TO THIRD AMENDMENT OF INTERLOCAL AGREEMENT Resolution No_ 2008-RO191 EXHIBIT "B" TO THIRD AMENDMENT OF INTERLOCAL AGREEMENT For each separate area planted with research crops before each growing season and/or before any crop is planted, the Station will provide the City with crop information reasonably requested by the City for the purposes of calculating the total amount of irrigation that will be allowed. This information shall include, but not be limited to, the following: 1. Common name of crop(s), with variety 2. Scientific name of crop(s) 3. Published nitrogen requirement of crop(s) a. Referenced to a Texas Cooperative Extension publication, OR b. Other appropriately published references 4. Expected active growth period(s) 5. Expected harvest period(s) 6. Acres ofcrop(s) planted 7. Location on Lands, with drawing or map 8. Primary contact person and information 9. Soil profile nitrate nitrogen a. 0 -30 inches b. Composite sample with one (1) subsample per acre OR a minimum of three subsamples if area is less than three (3) acres WTXAgrilifeResearch.3rd Amend February 19, 2008 Consider a third amendment to an interlocal agreement with Texas Agrilife Research (formerly known as Texas Agricultural Experiment Station) allowing agricultural research to be conducted on specific areas of the Lubbock Land Application Site. Item Summary The research conducted by the Station will consist of crop variety and hybrid testing, management systems, and other experiments consistent with the City's crop management requirements on the Lubbock Land Application Site. This is the third amendment to the original agreement, which was executed April 11, 1996. The crops will be watered using groundwater from below the Land Application Site. This third amendment provides for the use of an additional area and includes some new documentation requirements that parallel the new wastewater permit. The additional documentation will allow the irrigation on the research plots to be tracked with the water and nitrogen balance model that is used on the other areas of the Lubbock Land Application Site. Fiscal Impact It is anticipated that this agreement will have no direct fiscal impact. Staff Submitting/Recommendation Tom Adams Deputy City Manager/Water Utilities Director Lubbock Water Advisory Commission Staff recommends approval.