HomeMy WebLinkAboutResolution - 2020-R0197 - Treated Wastewater Effluent, Contract 15362 (Farm 5799) - Blake PetreeResolution No. 2020-R0197
Item No. 7.10
June 23, 2020
RESOLUTION
BE ITRESOLVED BY THE CITY COUNCIL. CIF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on
behalf of the City of Lubbock. an Agreement for provision of treated wastewater of -fluent at farm
Number 5799. by and between the City of Lubbock and Blake Petree, and related dOCLUMt]tS.
Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein
and shall be included in the minutes oi'the City Council.
Passed by the City Council on this _ .tune 23. 2020
L"/�
DANIEL M. POPE, MAYOR
ATTEST:
Rebtc a Garza, City Sccr ar
APPROVED AS TO CONTENT:
Aubrey A. Sped . 11I.E., Dire or of Water Utilities
APPROVED AS TO FORM:
Ry4Br ke., ssistant City Attorney
R1S.Wastc►cater Agreement -Blake Peirce
6.1 1.20
Resolution No. 2020-RO197
STATE OF TEXAS §
§
COUNTY OF LUBBOCK §
AGREEMENT REGARDING TREATED WASTEWATER EFFLUENT
WHEREAS, Blake Petree of 9321 CR 6840, Slaton, Texas, 79364 (herein called "USER") is the
owner, lessee or tenant of land described as Farm Number 5799 (herein called "Land"); and
WHEREAS, the City of Lubbock, Texas (herein called "OPERATOR") operates and manages a
treated wastewater effluent disposal site reference to which is hereby made for all pertinent
purposes; and
WHEREAS, User leases the Land for agricultural use; and
WHEREAS, User desires to take treated wastewater effluent from Operator who disposes, in part,
of such treated wastewater effluent at the Lubbock Land Application Site. NOW THEREFORE:
USER AND OPERATOR CONTRACT AND AGREE AS FOLLOWS:
I. User has 160 acres that comprises the Land, which will be irrigated by treated wastewater
effluent furnished by the Operator. Operator shall furnish treated wastewater effluent to
the User at no charge to be used on the Land as permitted in the Operator's TCEQ Permit
No. 10353-02 (herein called the "Permit").
2. User agrees to utilize and dispose of treated wastewater effluent furnished by the Operator
under this agreement solely in accordance with all terms and conditions of the Pennit, the
associated Groundwater Remediation Plan, and any other related permits governing the
disposal of treated wastewater effluent by agricultural irrigation. Terms 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 the Permit, which call for a continuous cropping system such
as a cotton/wheat rotation. User herein grants the Operator all rights of entry to the Land
and the permission to drill and periodically monitor test well(s), which may be required by
the Permit, the associated Groundwater Remediation Plan, or any other related permits
governing the disposal of treated wastewater effluent. The treated wastewater effluent
supplied to User pursuant to this Agreement shall only be utilized solely on the Lands and
shall not be otherwise transferred or utilized on any other property.
3. User understands and agrees that the provision of treated wastewater effluent is
interruptible and may cease at any time due to decisions unilaterally made by the Operator,
or regulatory directive. User agrees to take the treated wastewater effluent as -is at the point
of delivery identified in Exhibit A, which is incorporated as if fully set forth herein.
Operator may deliver the wastewater effluent hereunder at a rate of delivery deemed
advisable by it, in its sole discretion.
4. THE OPERATOR MAKES NO REPRESENTATION OR WARRANTY AS TO THE
QUALITY OF THE TREATED WASTEWATER EFFLUENT SUPPLIED
HEREUNDER, AND USER HEREBY RELEASES OPERATOR AND AGREES TO
INDEMNIFY AND HOLD HARMLESS OPERATOR, ITS RESPECTIVE OFFICERS,
AGENTS, EMPLOYEES AND ELECTED OFFICIALS FROM AND AGAINST ANY
AND ALL CLAIMS, LIABILITIES, DEMANDS, LOSSES OR CAUSES OF ACTION
OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, ALL COSTS
AND EXPENSES IN THE DEFENSE THEREOF, ARISING FROM OR RELATED TO
THE USE OR CONSUMPTION, IN ANY WAY, MANNER OR FORM, THE
WASTEWATER EFFLUENT SUPPLIED HEREUNDER, INCLUDING WITHOUT
LIMITATION, ANY SUCH CLAIMS, LOSSES OR DAMAGES CAUSED, IN WHOLE
OR IN PART, BY THE NEGLIGENCE OF ANY KIND, TYPE OR DEGREE OF
OPERATOR.
5. The initial term of this agreement shall be for two (2) years commencing no later than the
date of execution of this Agreement. Thereafter, this Agreement shall be automatically
renewed for one (1) successive term of two (2) years unless canceled in writing by either
party no less than ninety (90) days prior to expiration. Operator may terminate this
Agreement, for any reason or convenience, upon thirty (30) days written notice to User.
6. Operator 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, Operator 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.
7. This Agreement represents the entire and sole agreement between User and the City with
respect to the subject matter hereof and supersedes any and all prior negotiations,
understandings, representations or other agreements, whether written or oral. This
Agreement may not be modified or amended except in writing and duly authorized and
executed by each party hereto.
8. If any provision of this Agreement is declared invalid or unenforceable, such provision
shall be deemed modified to the extent necessary to render it valid and enforceable so long
as said modification is reasonably within the intent the parties as originally expressed. In
the event such provision may not be so modified, the unenforceability or invalidity of any
9
provision shall not affect any other provision of this Agreement, and this Agreement shall
continue in force and effect as if such provision had not been included in this Agreement.
THIS AGREEMENT IS TO BE CONSTRUED UNDER, AND GOVERNED BY,
TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD
DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE
OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE
PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE
FOR ANY ACTION BROUGHT PURSUANT 'I'D '['HIS AGREEMENT, OR
ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN COURTS
OF COMPS I'ENT JURISDICTION LOCATED IN LUBBOCK COUNTY, TEXAS.
Executed this 23rd day of
CITY OF LUBBOCK:
Daniel M. Pope, MAYOR
AT'I FST':
Rebc ca Garza. City Secr • r
APPROVED AS TO CONTENT:
Aubrey Spy , P.F . Director of Water Utilities
June , 2020.
USER:
Blake Pence
APPROVED AS TO FORM:
R an ooke, AS City Attomey
Other Real Property— Wastewater Farm-Petree Leased Adams Farm — 6.11.20