HomeMy WebLinkAboutResolution - 2001-R0275 - VOID - Interlocal Cooperative Agreement - TAMU - 06/26/2001Zra1)1- 20z -7S'
RESOLUTION V O I D
Resolution passed contingent on agreement
Agreement failed, thus, rendering the Resolution VOID
Resolution No. 2001-80275
June 26, 2001
Item No. 30
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 an Interlocal Cooperative
Agreement between the City of Lubbock, and the Texas A&M University System, and
any other 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.
i
assed by the City ouncil this
I'
26th day of June , 2001.
WINDY SIT N, MAYOR
A706kyl-al
VED AS TO CONTENT:
� R
Mark Earle
Managing Director of Aviation
APPROVED AS TO FORM:
Linda L. Chamales
Supervising Attorney - Office Practice
LMgs: ecdocs/COL-TAMU-InterlocalAgreement. Res
June 19, 2001
Linda Hart - Re: Resolution No. 2001-R0275 Page 1
From:
David Jones
To:
Linda Hart
Date:
9110101 4:52PM
Subject:
Re: Resolution No. 2001-R0275
Unfortunately that agreement was never consummated. You can send what you have back to me and I'll
keep it with other pending "stuff' concerning the same issue. Maybe one of these days it will all come back
up again.
>>> Linda Hart 09110101 03:03PM >>>
On June 26, 2001, the Council passed Resolution No. 2001-80275 (Resolution granting an agreement
with TX A&M for groundwater in exchange for the grant of a right-of-way easement for railroad purposes
over TAMU property).
Our records show that the original agreement is missing from our files (awaiting original signatures).
Please update our office of the status of this agreement.
thanks
! Becky Garza - Re: Old Business Page 1
From:
Richard Burdine
To:
ABurgess@mail.ci.lubbock.tx.us,BGarza.MunBuild.Lubbock
Date:
1018/01 6:25PM
Subject:
Re: Old Business
You recollection matches mine, so maybe we are both wrong, or right.
Richard Burdine, AICP
Assistant City Manager -Development Services
PO Box 2000
Lubbock, Texas 79457
806-775-2014, fax 806-775-2062
cell 806-789-8672
rburdine@mail.ci.Iubbock.tx.us
>>> Anita Burgess 10/08/01 18:25 PM >>>
They were passed contingent on working out something with a&m, yes? If so, while they were passed,
they are of no import since the contingency failed. Someone please correct me if my recollection on this
matter is in error.
>>> Becky Garza 1018/01 4:49:32 PM >>>
Anita,
All three of these items were passed by Council. Do we need to take steps through Council to "undo"
these? Also, I'll need proper wording to document our permanent minutes for May 10 and June 26th
(since we never got contracts --nor resolutions on 2 of these)
May 10, 2001
R0176 - no resolution/no contract (passed May 10, 2001)
R0177 - no resolution/no contract (passed May 10, 2001)
R0275 - have signed resolution, but unsigned contract (passed June 26, 2001)
thx,
bg
>>> Richard Burdine 10/08/01 04:09PM >>>
Resolutions R0176, R0177 and R0275 were all dependent on working out a deal with Texas A&M and it
didn't happen. All these items are dead.
CC: BCass.MunBuild.Lubbock,QW hite.MunBuild. Lubbock, LChamales.MunBuild. Lubbock
Linda Hart - e: Voia Resolulion Po. - age
From: David Jones
To: Linda Hart
Date: 121261019:24AM
Subject: Re: Void Resolution No. 2001-R0275
Go ahead and return it please. Thanks.
»> Linda Hart 12118/01 03:51 PM »y
David -
Your department submitted a resolution for an interlocal agreement with TX A&M University for the June
26, 2001, CC meeting, Agenda No. 30
(regarding the provision of groundwater by the City of Lubbock to TAMU in exchange for the grant of a
right-of-way easement for railroad purposes over & across TAMU property).
If you recall, the resolution passed and the mayor signed the agreement. The signed original agreement
was returned to your office in order to obtain TX A&M signatures. At this int the agreement failed and
was never signed by TX A&M. thus, rendering the resolution VOID.
This situation raises a question: I kept the original Exhibit A (Right-of-way Easement for TAMUS Benefit)
for our files which we no longer need since the resolution is VOID. Do you want the original Exhibit
returned or would you like for us to trash this Exhibit?
thanks
ti Resolution No. 2001-80275
June 26, 2001
Item No, 30
INTERLOCAL COOPERATIVE AGREEMENT
This Interlocal Cooperative Agreement ("ICA") is effective the I'day of July, 2001, by and
between THE TEXAS A&M UNIVERSITY SYSTEM, (Receiving Agency, but hereafter referred
to as "TAMUS") and the CITY OF LUBBOCK, (Performing Agency, but hereafter referred to as
"LUBBOCK")
PURPOSE OF AGREEMENT
It is the purpose of this ICA to provide water to the Texas A M Agricultura Research and
Extension Center at Lubbock, Texas (hereafter referred to as "TA S") for a ten ( ) yea term
beginning the 1 �' day of July, 2001 and ending the 30'h day of June, 201 The delivery of water to
TAES constitutes the considerarded
onditional railroad right -of- ay easement granted by
TAMUS to LUBBOCK, as proSection 2 of this agreement. TAMUS and LUBBOCK
deem it mutually advantageous to\cooperate in this 4dertaking, and agree as follows:
I.
GREES TO:
up to one hundred sixty seven (167) acre feet of water per year to TAES.
water at a peak rate of one thousand (1,000) gallons per minute.
vill be:
At lcast suitable for irrigation purposes, but in no event waste water effluent.
Water will be provided from wells located on Lubbock International Airport
property or from the Lubbock public water system. Water from the public
water system will be utilized only during periods when delivery of water
from wells is impracticable.
System Real Estate Office
OFFICIAL DOCUMENT
2. Delivered to the point of delivery as mutually agreed to by LUBBOCK and
TAMUS in accordance with the terms of this agreement. Delivery of water
is at the sole expense of LUBBOCK.
D. Provide water pumps driven by electricity with contr is loca outside of the
Lubbock International Airport security fence, which allo the turnin on and off
of the wells by TAMUS personnel. TAMUS is anted the ' ht of acce s across
airport property outside of the security fence for the urpose of eratin the well
controls.
E. Allow TAES to continue to operate, for the full term of this agre ent, the irrigation
well located on 19.912Cres out of Sec ' 36, Block A, Lubbock County, 'Texas
deeded to LUBBOCK y TAMUS on June 2 , 1973. Water production from this
ell is not included ndr counted toward tho water delivery requirements of
�UBBOCK contained in tete agreement.
F. Construct and maintain at LUBBOCK's sole cost at least three (3) "at -grade"
crossin\ , the locations to be designated by TAMUS, over the proposed rail spur.
To ensure roper drainage, TAMUS will designate the points at which culverts will
be installed these at -grade crossings.
G. Allow TAMUS personnel to control weeds along the rail spur. LUBBOCK agrees
to reimburse TAMUS for the cost of any control chemicals within thirty (30) days
after written demand by TAMUS' designated representative.
System Real Estate Office
OFFICIAL DOCUMENT
2
1.2. TAMUS AGREES TO: Provide LUBBOCK with a executed and notarized railroad right-
of-way easement in substantially the same form as Exhibit "A" attached to this ICA.
II. ACKNOWLEDGMENT OF PRIOR
2.1 LUBBOCK expressly acknowledges a blanket pipeline easem t was 'led o ecoid in
Lubbock County on the 20` day of November, 1947 (the "19\asement" The 1947 E Bement
predates TAMUS' purchase and is a charge against the proruns h th and until
modifed or removed by the current holder of the 1947 EasemOCK ac the railway
easement subject to the rights contained in the 1947 Easement and underst%ag
AMUS makes no
representation of any kind that the Curr=LUBBOCK
Easement hd to theissuance
of the easement referenced in this agreeepts this easement at its own risk and
will have no recourse against TAMUS shod the current holde�of the 1947 Easement object to and
demand removal of th easement referenced this agreement.
2.2 TAMUS expressly, disclaims any right to bind the current holder of the 1947 Easement to
accept the easement execut�d by TAMUS under the terms of this ICA. Said easement is expressly
subject to the rights of the curl' nt holder of the 1947 Easement. TAMUS makes no representations
or warranties of�y kind regar(4ng the easement executed by TAMUS under this agreement.
AULT AND TERMINATION
3.1 LUBBOCK Default
A. If the water volume at the point of delivery measures less than twenty (20) acre feet
in a seven (7) day period and TAMUS desires the delivery of such water, TAMUS
will give written notification to LUBBOCK within two business days to increase the
water delivery to fulfill the twenty (20) acre feet per seven (7) day period delivery
System Real EstateOffice 3
OFFICIAL DOCUMENT
rate. Upon receipt of such notice, LUBBOCK must within seven (7) days increase
the water delivery rate to reach twenty (20) acre feet in a seven (7) day period. If
LUBBOCK fails to attain and maintain this delivery rate, LUBBOCK will be in
default and this ICA will terminate.
B. In the event LUBBOCK defaults and this\eas
e ent terrain tes, any and
all obligations and rights under this agree. The edit nal railroad
right-of-way easement granted by TAMCK wiI tinguish. If a
railway spur has been constructed at the tit is extinguished, TAMUS
becomes the owner of the portion of the rated on TAMUS property.
LUBBOCK agrees to execute any document or instrument�necessary to evidence
ownership by TAMUS ree of liens an cumbrances. In addition, in the event of
default, LUBBOCK ag ees to pay the a tual cost of reinitiating any TAES
agricultural experiment inte pted by the ac on causing default.
C. The event of default described in this~Se tion 3.1 is the sole event of default by
LUBBOCK esta lisped by is agreement. The water delivery requirements of
LUBBOCK set fort in Section L I A can only be modified by the express written
consent o -f -both LUBB CK and TAMUS.
2.2 TAMUS Default 4
A. If TAMUS fails to provide an executed and notarized railroad right-of-way easement
within seven (7) days of execution of this Interlocal Agreement, TAMUS will be in
default and this ICA will terminate.
System Real Estate Office
OFFICIAL DOCUMENT
10 _
4
B. In the event TAMUS defaults and this Interlocal Agreement terminates, any and all
obligations and rights under this ICA shall terminate.
III. NOTICES
3.1 Any notices, approvals, consents, or communications by one Pa\Unid
er ust be in
writing and may be by personal delivery or registered certifieat mail,
properly addressed to the respective Parties as follows:
TAMUS: Dr. Jaroy Moore
Director
Texas A&M Agricu7arch and Extension
Route 3, Box 219
Lubbock, Texas 79401 757
(806) 764-6101
i-mnnra(n�tnmii erltt
Copy to: Dan K, Buchly
Assistant Vice Chancellor an
Director of System Real Estate
John B. C� ally Building, 5t" Floor
College Staon, Texas 77843
(979)458-620
LUBBOCK: Mark N. Earle
Director-Qf Aviation
Lubbock In ational irport
5401 North ML lvd.
Route 3, Box 389
Lubbock, Texas 79401-9 1
(806) 775-3126
mearie@mail.ci.lubbock.tx.us
MEARM System Real Estate Olrice
UFFICIAL DOCUMENT
5
V. AUTHORITY TO CONTRACT
5.1 TAMUS represents it has the authority to contract for the above services by authority
granted in the Interlocal Cooperation Act, Govt ode, apter 791 and the Interagency
Cooperation Act, Govt Code, Chapter 771, subject,oNthe Prov 'ons of Section 2 of this
agreement.
5.2 LUBBOCK represents it has authority to perform
authority granted in the Interlocal Cooperation Act,
services Vtracted for by
, Chapter 791.
TAMUS and LUBBOCK bind themselves to the faithful performance of this ICA.
dL
System Real Estate Office
OFFICIAL DOCUMENT
6
2001 in
RECOMMEND APPROVAL:
EDWARD A. IIILER
Vice Chancellor and Dean, Agriculture and
Life Sciences Director
Texas Agricultural Experiment Station
The Texas A&M University System
APP
R0
f
EDDIE-D. GOSE, J.D.
Associate General Counsel
Office of General Counsel
The Texas A&M University System
OSysteReal Estate OMce
OFFICIAL DOCUMENT
EXECUTED this the 26th
duplicate originals by LUBBOCK.
day of
Performing Agency
"LUBBOCK"
CITY OF LUBBOCK
i,TMY SITr@N,
ATTEST:
City Secretary
STATE OF TEXAS§
COUNTY OF BItAZOS §
Jiro& -
2001 in
FORE ME, the un rsigned authority, a Notary Public in and for the State of Texas,
on this day onally appeare TOM D. KALE, Vice Chancellor for Business Services, The
Texas A&M Uni ity System, own to me to be the person whose name is subscribed to the
foregoing instrument a cknow dged to me that he executed it for the purposes and
consideration therein expres , an in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
. A.D. 2001.
0 System Real Estate Office
OFFICIAL DOCUMENT
Notary Public, State of Texas
My Commission Expires: _
8
STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersi ped authority, a Notary Public in and for the State of Texas,
on this day personally appeared , faun r , known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that
he executed it for the purposes and consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A.R. 2001.
v""'�` r� TANYA MALINAK
t
.NOaq. stw of texas
tih commlean, Exp m
DECEMBER 9, 2003
rotary P&blic, Stale of Texas
My Commission Expires: /� p
System Real Estate Office
OFFICIAL DOCUMENT