HomeMy WebLinkAboutResolution - 1400 - Contract - TTU - Purchase Potable Water - 05/26/1983DGV:da
RESOLUTION
RESOLUTION 1400 - 5/26/83
WHEREAS, Texas Tech University has available a source of potable under-
ground water upon its property within the City of Lubbock, which water should
be pumped from the ground in order to eliminate danger to buildings and faci-
lities caused by a rising water table; and
WHEREAS, the City of Lubbock desires to obtain such potable water for its
municipal water supply; and
WHEREAS, the City Council of the City of Lubbock deems it to be in the
best interests of the citizens of the City of Lubbock to execute a contract
with Texas Tech University pertaining to such potable water; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor BE and is hereby authorized and directed to execute for
And on behalf of the City of Lubbock a contract for the purchase of potable
water from Texas Tech University, a copy of which contract is attached hereto
which shall be spread upon the minutes of the Council and as spread upon the
minutes of the Council shall constitute and be a part of this Resolution as if
fully copied herein.
Passed by the City Council this 26th day of 1983.
r ,
BI M ISTE , YOR
ATTEST:
Evelyn Gaffga, City Se re a reasurer
APPROVED AS TO FORM:
G. Vandiver, Asst. City Attorney
RESOLUTION 1400 - 5/26/83
Contract 4445
SECRET; �.1� 1?r
THE STATE OF TEXAS 1
;;tt��►►"" �� KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK )
THIS AGREEMENT entered into by and between the City of Lubbock
(hereinafter called "City"), a home rule municipal corporation of
Lubbock County, Texas, and Texas Tech University (hereinafter called
"University"), an institution of higher education of the State of
Texas.
WITNESSETH
WHEREAS, the University has available a source of potable water
upon its property within the City of Lubbock, which water should be
pumped from the ground in order to eliminate the danger to buildings
upon such property caused by a rising water table; and
WHEREAS, the City desires to obtain such potable water for its
municipal water supply; and
WHEREAS, the Board of Regents of the University find it to be in
the best interest of the University to make such potable water
available to the City; and
WHEREAS, the City Council deems it to be in the best interest of
the citizens of the City of Lubbock to acquire such water for the
municipal water supply;
NOW THEREFORE, for and in consideration of the mutual covenants
expressed herein and for other good and valuable consideration, the
parties hereto agree as follows:
1. PURPOSE. The purpose of this Agreement is to provide the
Page 2 - City of Lubbock/TTU
City with a source of potable underground water during the term of
this Agreement and to remove a hazard to the buildings on campus
while providing a market for such potable water at the same time.
2. TERM. The term of this Agreement shall be for ten (10) years
from the date of its execution. Upon the termination of this
Agreement, the University shall not sell such potable water to
others without first offering said potable water to the City.
3. DESCRIPTION. The University hereby agrees to sell to the City
all the potable underground water produced by the "Sixth Street
Well", which well is shown upon the map attached hereto as Exhibit
A, during the term of this Agreement. The City's right to such
potable underground water shall be exclusive during such time.
4. MINIMUM AMOUNT. The City hereby agrees to pump said Sixth
Street Well not less than 4,320 hours per year during the term of
this Agreement.
5. HEALTH DEPARTMENT APPROVAL. This Agreement shall not be
effective without Texas Department of Health approval of the use
of such well as a source of potable water. The City shall obtain
such approval prior to any obligation of the City to expend funds
upon such well or associated facilities or equipment. The City
agrees to maintain the well and associated facilities and equip-
ment in accordance with all present and future requirements of the
Texas Department of Health.
Page 3 - City of Lubbock/TTU
6. COMPENSATION. Compensation for such potable water shall be
made by the City to the University in accordance with the pro-
visions of Exhibit B attached hereto. The City shall pay all
costs of pumping.
7. CONTROL AND JURISDICTION.
The University, under authority of
Sec. 109.48 of the Texas Education Code, hereby agrees to allow
the City access to the Sixth Street Well for purposes of maintain-
ing said well in operating condition, such access shall be by the
route designated on the map attached hereto as Exhibit A. The
University further agrees to grant the City any required easement
to construct and maintain pipelines to connect such water supply
to the municipal water system. The City hereby agrees to submit
any required housing to the University for approval as to the
materials and design. The University will place a gate in the
cyclone fence on the South side of Sixth Street at the well site.
8. HOLD HARMLESS. The City hereby agrees to hold the University
harmless from any liability arising from the City's exercise of
the rights granted herein upon the University's property.
9. OPERATIONS TO BEGIN. The City hereby agrees to begin pumping
operations during the 1983 calendar year.
Page 4 - City of Lubbock/TTU
EXECUTED this 26th day of May , 1983 .
TEXAS TECH UNIVERSITY
1 ?Z2. &iAe! K z z
r. Lauro F. Cavazos, fresident 7.r
ATTEST:
City Sec eta y -Tr e
APP VED ASTO CONTENT:
Virector of Water
Utilities
APPROVED AS TO FORM:
Assistant City Attorney
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UNIVERSITY AVENUE.
EXHIBIT A
EXHIBIT "B"
Computation of the adjustments to the base rate of $0.15 per one
thousand gallons.
Producer Price Index - Industrial Commodities as of December, 1980 was
286.6.
Assume that the Index is 330 in December, 1983. The price paid per one
thousand gallons during 1984 would be computed as follows:
330
286.6 X $0.15 = $0.1727 Rounded Up to $0.173
In the event the fourth figure is five or less and the third figure is
even, the rate will be rounded down, i.e., $0.1725 will be rounded down
to $0.172. If the fourth figure is five or greater and the third
figure is odd, the rate will be rounded up, i.e., $0.1735 up to $0.174.
This adjustment will be made each December to the rate to be paid the
following year.
In the event that the Producer Price Index - Industrial Commodities is
no longer published, then by mutual agreement an Index similar to the
Producer Price Index - Industrial Commodities will be used.
A capital recovery rate of $.03 per one thousand gallons shall be added
to base rate of $0.15 per one thousand gallons, including any adjust-
ments to the base rate caused by the Producer Price Index. The capital
recovery rate shall be applicable for the duration of the ten year
contract.
S EC,
gyp`( Texas Tech University
Texas Tech University Health Sciences Center W P H
Director of Contracting and Purchasing3i * 6'
May 3, 1983
LC E
f
Mayor Bill McAlister
City of Lubbock �'" 'j 1983
Box 2000
.
Lubbock, Texas 3AYOp '+, v
Dear Mayor McAlister:
Enclosed are three (3) signed copies of Contract #445 between City of
Lubbock and Texas Tech University.
Will you please have the appropriate signature affixed and return one
copy of the contract to this office.
Thank you.
4Jerry
y,
JPH/ dp House
Encs. Director of Contracting
and Purchasing
Box 4610/Lubbock, Texas 79409/(806) 742-3841