HomeMy WebLinkAboutResolution - 2017-R0187 - Kim Sherrod - 05/25/2017Resolution No.2017-R0187
Item No.6.18
May 25,2017
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 for
and on behalf of the City of Lubbock, an Agreement for provision of treated wastewater effluent
at Farm Number 5799,by and between the City of Lubbock and Kim Sherrod,and 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 City Council.
Passed by the City Council on May 25 _,2017.
DANIEL M.POPE,MAYOR
ATTEST:
*jL0a0S*
Rebecca Garza,City Secretary \
APPROVED AS TO CONTENT:
i^W-^y4Ww.
Aubrey A.Spea^P.E.,Directors Water Utilities
APPROVED AS TO FORM:
RES.WastewaterAgreement-KS-5799
(5-09-17)
Resolution No. 2017-RO 187
STATE OF TEXAS §
COUNTY OF LUBBOCK §
AGREEMENT REGARDING TREATED WASTEWATER EFFLUENT
WHEREAS, Kim Sherrod of 1908 North FM 1729, Lubbock, Texas, 79403 (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 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:
1. 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 Permit, 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 five (5) 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 five (5) years unless canceled in writing by either party no less than ninety
(90) days prior to expiration.
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.
Executed this 25th day of May ) 20 17
CITY OF LUBBOCK:
Daniel M. Pope, MAYOR
-0-4 J24 It le . �c
Rebe ca Garza, City Secreta
APPROVED AS TO CONTENT:
Mary H. Gonza s, Wast��ater Superintendent
Aubrey Spea,PI.E:, I(rector of Water Utilities
APPROVED AS TO FORM:
Z � �A , -, ��
Amy L. Si teputy City A
USER:
By:
[Signature]
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
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.
2017-196884
Kim Sherrod Farms
Lubbock, TX United States
Date Filed:
04/24/2017
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 identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
11136
water for cotton production
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling I
Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
SHELIA D. MITCHELL
Notary Public, Swe of Texas
Notary IN X5178.7
' r
My Commission Expires 11.15-2020
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 ,
20i_, to certify which, witness my hand and seal of office.
cgl ", i -gHIUt5ull
Signature of officer administering oath Printed name of officer administering oath Title of officer a inistering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 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:
2017-196884
Date Filed:
04/24/2017
Date Acknowledged:
05/15/2017
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Kim Sherrod Farms
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 identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
11136
water for cotton production
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5 Check only if there is NO Interested Party. ❑
X
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.O.883
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
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.
2017-196884
Kim Sherrod Farms
Lubbock, TX United States
Date Filed:
04/24/2017
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 identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
11136
water for cotton production
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
C-
5
Cheek only if there is NO Interested Party.
X
6
AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
"" SHELIA D. MITCHELL
Notary Public, State of Texas
Notary IN32517&7
My Canmissial Expires 1115-2020 Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
i� I
Sworn to and subscribed before me, by the said ^'r'"` v ��`�°✓ this the ec.-^f day of ,
20 ice, to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer a inistering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883