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Res 138-83 8/2/1983t RESOLUTION NO. )3 e_ 83 RESOLUTION TO APPROVE A CONTRACT FOR THE USE OF LAND TO INJECT SLUDGE FROM THE CITY'S WASTEWATER TREATMENT PLANT WHEREAS, the City desires to dispose of digested sludge from the Wastewater Treatment Plant by injecting the sludge underground on agricultural land; and, WHEREAS, Mr. Bill Harding of Byers, Texas, has agreed to the use of his land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract which is attached is accepted and the City Manager is authorized to execute the same. PASSED AND APPROVED THIS THE 2ND DAY OF AUGUST, 1983. M A Y O 1/a --1/ R PRO TEM ATTEST: CITY LERK Page 6 of 10 Pages Agenda Item No. 6.P. f' r r3 Ir A !"! eec r 1 f r; C,1 Y CLERK'S OFFICE Date STATE OF TEXAS X By O COUNTY OF WICHITA X This contract made and entered into by and between the City of Wichita Falls, Texas (hereinafter referred to as "City") and Mr. Bill Harding of Byers, Texas (hereinafter referred to as "Owner"). WITNESSETH WHEREAS, the City desires to dispose of digested sludge from the Wastewater Treatment Plant, River Road, by injecting the sludge underground on agricultural land; and, WHEREAS, the Owner owns approximately 240 acres of land near the Wastewater Treatment Plant, legally described as follows: Tract A: 200 acres out of David Welch Survey, Abstract 325. Metes and bounds description may be found in Volume 391, Page 43 and Volume 384, Page 547. Excepting a Tract No. 2 described in the latter recording. Tract B: 41.85 acres out of Jonas English Survey, Abstract 70, Survey No. 21. Metes and bounds description may be found in Volume 825, Page 215 of the Wichita County Warranty Deed Records. WHEREAS, the sludge injection will provide a soil conditioning process and increase nitrogent content with the result of increased crop potential and decreased fertilizer requirement. NOW THEREFORE, for and in consideration of the mutual benefits to be gained by the parties hereto, and the mutual convenants to be kept and performed, they do hereby agree as follows : Owner grants to the City the right to inject digested sludge from the City's Wastewater Treatment Plant on River Road into the above described land. Further, owner grants to City an easement for laying an underground pipeline into each of the above described tracts of land to be used to carry the sludge to an above-ground release point on each tract. Such easements shall be on the above tracts and any other tracts owned by Owner which are necessary to be crossed in order to reach such release points. The easement shall include the centerline of each pipeline where it is installed by City, plus such additional area on each side of the centerline as is reasonable necessary for the construction, operation, maintenance and removal of such pipeline. When this contract is terminated, City shall remove the pipelines and above-ground release points and restore the ground to as near as practicable the condition 5n which it presently exists; at that time, these easements shall terminate. At the option of Owner, the City will disconnect the pipeline, and leave the pipe and concrete pad for the release point installed. Page 7 of 10 Pages Agenda Item No. e. City and Owner agree the land will be divided into two approximately equal portions. In any single year (October 1 to September 30) , City will inject sludge into one of the two portions and will alternate the use of the two portions from year-to-year. Owner agrees that uncleared portions of land will be ready for injection by October 1, 1984, or a proportionate reduction in annual cost will be allowed at the rate of $50.00 per acre for the portion that is not available for use. Owner agrees to plant crops on the portion of land not being used by the City, and to alternate the use of the portion of land not in use by the City. To gain the greatest uptake of nitrogen from the sludge injected soil, Owner agrees to plant one or more of the following crops, in priority: Bermuda, most preferred Fescue Soybeans Alfalfa Sorghum Wheat Owner agrees not to plant crops on the portion of land in use by the City during the year that portion is being injected with sludge. Should Owner plant a perennial crop such as bermuda, Owner agrees that any growing or harvesting shall not interfere with City's access to and use of the land. The City shall have unrestricted access to and use of the portion of land being injected and shall be permitted to inject a quantity of sludge per acre as meets generally accepted standards of the Texas Department of Water Resources and Texas Department of Health. The City shall not exceed volumes that will contaminate ground water or cause objectionable concentrations of minerals as determined by soil tests. City will collect, and have tested, soil samples from injected areas on a semi-annual basis to insure mineral contents meet generally accepted standards of the Texas Department of Water Resources and Texas Department of Health. Should soil testing indicate the soil is being adversely affected by some foreign content of the sludge, the City agrees to halt injection until the source of the foreign content is determined and the content is no longer present in the sludge in excessive quantities. A record of all such tests will be retained by City for a minimum of five (5) years after expiration of this contract. City agrees not to spread sludge closer than 18 feet to streams or water supplies, property lines, occupied buildings, or existing food crops such as gardens and fruit orchards. Owner agrees to advise City of all such locations plus any known underground utilities. City-owned or leased equipment will be used for all injection and will be operated at no cost to Owner. Owner also agrees to allow City to make minor improvements to existing trails and roads to assure full and free access by City equipment. City agrees to make reasonable eff'irts to perserve owner's land and equipment from damage resulting from the operation of City equipment. Owner agrees to make all repairs that occur through fair-wear-and-tear. Owner acknowledges and agrees that food crops intended for human consumption in the raw form should not be grown on land used for sludge injection for a period of three (3) years after the last injection. Owner also acknowledges and agrees that livestock shall not be allowed to graze in pastures that have sludge residues until the residue is fully dried. Owner agrees to hold City harmless from damages to the land caused by such sludge injection; further, City shall not be liable to Owner, his heirs and assigns, for any claim for damages for personal injuries or sicknesses allegedly caused by such sludge injection unless caused by City's negligence. Owner states that he is the owner of the described land and can legally enter this contract. Owner agrees to include the terms of this contract in any sale or lease agreement with a third party during the life of the contract. The terms of this initial contract shall end on September 30, 1988. City and Owner agree that at least six (6) months prior to the expiration of this contract, negotiations will be undertaken to determine if and under what conditions this contract will be renewed. City agrees to pay the owner an annual sum of $6,000 beginning October 1, 1983, with the first payment made before October 15, 1983, and each subsequent payment before October 15 of each year of this contract. At the option of the Owner, a schedule of quarterly or semi-annual payments can be made. Made and entered into this 9th day of August 1983. 1 A. 'I Owner City . ^ hita Falls A0441" Ci Manager, Citie Wichita Falls ATTEST: 4----e-i4,31.-"e/ '( 14"-,11'&(--d- City Clerk STATE OF TEXAS X COUNTY OF WICHITA BEFORE ME, the undersigned, a Notary Public in and for said County, Texas on this day personally appeared Bill R. Harding known to to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9th day of August A.D. 19 83 . X-A7frr,^ Notary Public in and for r ,;,,REA Wichita County, Texas JH STATE OF TEXAS X COUNTY OF WICHITA BEFORE ME, the undersigned, u Notary Public in and for Wichita County, Texas, on this day personally appeared James Berzina, City Manager for the City of Wichita Falls, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Wichita Falls, a municipal corporation, and said instrument was executed as the act of the said City of Wichita Falls, a municipal corporation, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9th day of August 1983. My Commission Expires : 6-8-85 irrr/ vre cPiC/ Notary Public in and for Wichita County, Texas FfiAIM REA WHEELER Page 10 of 10 Pages Agenda Item No. 6.e.