HomeMy WebLinkAboutMinutes - City Council - Special - 4/3/1986161
SPECIAL CITY COUNCIL MEETING
MINUTES
THURSDAY, APRIL 3, 1986
The City Council of the City of Lubbock, Texas met in special session on the
3rd day of April, 1986 in the City Council Chambers, first floor, City Hall,
1625 13th Street, Lubbock, Texas at 8:30 a.m.
Present: Mayor Alan Henry, Mayor Pro Tem George Carpenter, Councilman T. J.
Patterson, Councilman E. Jack Brown, Councilwoman Joan Baker, Councilwoman
Maggie Trejo, Councilman Bob Nash, City Manager Larry J. Cunningham, City
Attorney John C. Ross, Jr., and City Secretary Ranette Boyd.
Mayor Henry called the meeting to order at 8:30 a.m.
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( 1.) The Invocation was given by Mayor Alan Henry.
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( 2.) The Pledge of Allegiance to the Flag was given in unison
by those in the Council Chambers.
At this time, Mayor Henry announced that City Council would be in Executive
Session to discuss pending litigation and land acquisition.
Mayor Henry reconvened the meeting at 9:00 a.m.
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( 3.) Consider a Resolution authorizing the Mayor to sign
Memorandums of Agreement settling pending Water Permit
Agreerent in Files litigation and further providing for acquisition by the
City of Lubbock, Texas, from the parties to such
litigation of land and other rights necessary for the
Justiceburg Dam and Reservoir, and authorizing
establishment of account of such acquisition.
RESOLUTION #2282
RPC(11 IITTnN
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 Settlement
Agreement by and between the City of Lubbock, Mr. Sidney Johnson, Individ-
ually, d/b/a Johnson Cattle Company and as Trustee for the Estate of Mrs.
Weldon Johnson, deceased, Mr. Weldon Clay Johnson, Ms. Vicky Lee Johnson,
and Convest Energy Corporation; a Memorandum of Agreement by and between
the City of Lubbock, Mr. & Mrs. Billy Wayne Williams, Mr. & Mrs. Billy
Huddleston, Mr. & Mrs. John Ward, Mr. & Mrs. John Reed, Mr. & Mrs. J. W.
Headstream, Mr. & Mrs. Jim Boren, Mr. & Mrs. John Boren, Mr. & Mrs. Walter
Boren; and a Ratification of Memorandum of Agreement and Settlement,
Assumption and Release by and between the City of Lubbock and Mildred Boren
Wood, attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and
be a part of this Resolution as fully copied herein -in detail.
Passed by the City Council this 3rd day of April, 1986.
/s/ Alan Henry
ALAN HENRY, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Samuel W. Wahl
Sam Wahl, Director of Water
Utilities
APPROVED AS TO FORM:
/s/ James P. Brewster
James P. Brewster, Civil Trial
Attorney
162
April 3, 1986
Mayor Henry explained that the purpose of this meeting
was to consider action to settle the lawsuit with the
property owners and others relative to the Justiceburg
water project, and to take action on an agreement to
purchase property at the Justiceburg site for this water
project.
He went on to explain that two Memorandums of Agreement
were involved --one between the landowners and
the City of Lubbock, and one between the City of
Lubbock and lessees or other parties having no
ownership of land at the Justiceburg site, but who
were parties to the original lawsuit.
Mayor Henry presented the following highlights of the
settlement:
1. Includes 4,357 acres of land in fee at $800 per
acre; acreage breakdown is:
a. Lake area below normal pool elevation
of 2,220 -2,900 acres.
b. Dam, spillway, pump station, abut-
ments - 593 acres.
C. Public access acres - 552 acres.
d. Unusable land - 312 acres.
2. 1,300 acres of flood easement and pollution
control area (minimum of 300) - no charge.
3. 60 feet wide pipeline easements at $20 per rod.
Additional width where necessary available at
same cost per rod.
4. 60 feet access road easement at no charge.
City is to fence, landowners will maintain the
fence.
5. One tap per landowner for domestic or livestock
consumption from pipeline. Limit 20 acre feet
per year.
6. Interest at 10% to begin 60 days after dismis-
sal of suits.
7. 25% down payment after granting of 404 or
testing.
8. Final payment within three years after dismis-
sal of lawsuit.
9. Revocation of permit if not paid within three
years after lawsuit is dismissed.
10. No refund of legal fees or down payment if City
defaults.
11. Any 404 permit land contiguous to lake will be
$800 per acre.
12. Landowners retain oil and gas minerals only.
Motion was made by Councilwoman Baker, seconded by
Councilman Patterson authorizing Resolution #2282
Motion carried: 7 Yeas; 0 Nays.
Mayor Henry expressed appreciation to the City Staff for
their diligent work toward this settlement, and recog-
nized distinguished guests present. Mayor Giles
McCreary, Post, addressed the gathering and expressed
appreciation to Mayor Henry and the City Council for
their outstanding work on this project.
163 April 3, 1986
There being no further business to come before the Council, Mayor Henry
adjourned the meeting at 9:55 a.m.
AT
�..
Ranett Boyd, City Secretary
READ AND APPROVED THIS 9TH DAY OF APRIL, 1986.
ATTEST:
Ranet d Boyd, City Secretary