HomeMy WebLinkAboutResolution - 2000-R0312 - Street Use License - Merchants Fast Motor Lines Inc. - CPGMWP - 09/13/2000Resolution No. 2000-RO312
September 13, 2000
Item No. 29
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 Merchants Fast Motor Lines, Inc. 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 13th day of September , 2000.
lv� 1
WINDY SITTO , MAYOR
ATTEST:
City Secretary
AS TO CONTENT:
Ed Bucy, Right-of-Wagent
APPROVED AS TO FORM:
Linda Char hales
Supervising Attorney/Office Practice
ss:/ccdoes/MerchantsFastMotorLines.res
August 17, 2000
Larry Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for September 13, 2000
Page 2
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ITEM #ISUBJECT
# Consider a resolution authorizing the Mayor to execute a monitor well
permit with Merchants Fast Motor Lines, Inc. (4401 Vanda Avenue).
BACKGROUND/DISCUSSION:
This monitor well permit allows Enprotec of Abilene, Texas to drill a monitor well
in the east parkway of Vanda Avenue, just south of East 44th Street.
Merchants Fast Motor Lines owns the property along the north side of East 44th
Street all the way westward to Martin Luther King, Jr. Boulevard. The TNRCC
has identified them as having a leaking fuel tank problem and the TNRCC has
requested that a monitor well be drilled off-site to determine how far this fuel
contamination has spread. This permit is for 20 years, payable every five years
in advance. The City will receive $100 per year for this monitor well permit.
SUMMARY/RECOMMENDATION:
The Right -of -Way Department recommends the approval of this monitor well
permit.
Resolution No. 2000—RO312
September 13, 2000
Item No. 29
STREET/ALLEY AND/OR CITY
PUBLIC GROUNDS MONITOR WELL PERMIT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This indenture made this 13th day of September , 2000, being the
date of this Agreement between the CITY OF LUBBOCK, TEXAS, a Home Rule
Municipal Corporation, and MERCHANTS FAST MOTOR LINES, INC., herein 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 groundwater monitoring
wells, to -wit:
Beginning at a point which is 5.00 feet South and 1.00 foot West of the Northwest
corner of Lot 5, Block 1, Clutter First 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 to the POINT OF BEGINNING.
Texas Natural Resource Conservation Commission (TNRCC) leaking petroleum
storage tank, Site No. 093997.
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
STREETIALLEY AND/OR CITY PUBLIC
CtRn11NDS MnNTTnR WFT T PERMIT
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 NO/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.
In the event the CITY OF LU 3BOCK 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 Manager 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
STREET/ALLEY AND/OR CITY PUBLIC
GROUNDS MONITOR WELL PERMIT
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.
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
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 be 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, MERCHANTS
FAST MOTOR LINES, INC., 4201 Martin Luther King, Jr. Blvd., Lubbock, Texas
79404.
CITY OF LUBBOCK
BY:/!
Y SITTON WYOR
STREEVALLEY AND/OR CITY PUBLIC
GROUNDS MONITOR WELL PERMIT
A'
APPRO
T:
City Secretary
AS TO CONTENT:
Ed Bucy, Right-of-Wa gent
Af4ertel, Engineer
APPROVED AS TO FORM:
Linda Chamales
Supervising Attorney/Office Practice
AGREED TO AND ACCEPTED this 224 day of /4,jg u st , 2000.
PERMITTEE: MERCHANTS FAST MOTOR
LINES, INC.
ADDRESS: 4201 Martin Luthe 'n r. Blvd.
Lubbock, 79404
T
BY:
TITLE; C4. • ? 3�. kn.,p }� •JI r�s1 «
-f� : j.. A OS, Tef 1,
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 %3 day of
2000.
.��'""" �. TANYA MA�lNAK
• R ferry Pt1ft fete of TOM
otary Pu is in and or the State of Texas
f Cly"� U2 �' f �-1�i ✓11�.�
Print d ped Name of Notary
STREET/ALLEY AND/OR CITY PUBLIC
GROUNDS MONITOR WELL PERMIT
THE STATE OF TEXAS
COUNTY OF 1) i\LL-A'
BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on
this day personally appeared W. . At j .. , known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same for the purposes and consideration therein stated as the act and
deed of aforesaid PERMITTEE.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
Aa inv 's j , 2000.
JAMES JARRETT
MV COMMISSION EXPIRES
*umber a 2002
gs/SA/MerchantsFastMotorLines
D5.6/August 17, 2000
��- day of
1 6-57 —F
Printed or Typed Name of Notary
STREET/ALLEY AND/OR CITY PUBLIC