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Home My WebLink AboutResolution - 2017-R0188 - Richard Adams - 05/25/2017Resolution No.2017-R0188 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 5471, by and between the City of Lubbock and Richard Adams, 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: ItA^^L^ Rebecca Garza, City Secretary APPROVED AS TO CONTENT: //Zsl.Ul^,/., Aubrey A.Spear/P.E.,Director of Water Utilities u APPROVED AS TO FORM: RES.WastewaterAgreemenl-RA-5471 (5-09-17) Resolution No. 2017-R0188 STATE OF TEXAS § § COUNTY OF LUBBOCK § AGREEMENT REGARDING TREATED WASTEWATER EFFLUENT WHEREAS, Richard Adams of 7327 East FM 40, Lubbock, Texas, 79403 (herein called "USER") is the owner, lessee or tenant of land described as Farm Number 5471 (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 Siti. NOW THEREFORE: USER AND OPERATOR CONTRACT AND AGREE AS FOLLOWS: User has 320 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 5 h day of May 2017 CITY OF LUBBOCK: Daniel M. Pope, MAYOR Reb t7 ca Garza, City Secreta APPROVED AS TO CONTENT: M ry H. Gonz es, Wastewater Superintendent 1 z� Au rey Spear, P i ct�olWater Utilities APPROVED AS TO FORM: Amy L. Sims, ty;��tt�eA USER: Y /'1"J"CJ A�' � [Signature] 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. -19 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-198729 Date Filed: 04/26/2017 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. Richard Adams 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. 5417 use of irrigation water 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 V1.0.883 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 0f 1 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: 2017-198729 Date Filed: 04/26/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Richard Adams 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. 5417 use of irrigation water 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. 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 ID# 325178.7 My Commission Expires 11.15' w Signature of authorized agent of contracting business entity E AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said t`+ti T`� this the day of 201r, to certify which, witness my hand and seal of office. r 3*6u 4 1`Tt - a Si nature of officer admi stering oath Printed name of officer administering oath Title of officer admin ering oath