HomeMy WebLinkAboutMinutes - City Council - Special - 1/29/2007CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
JANUARY 29, 2007
7:30 A. M.
The City Council of the City of Lubbock, Texas met in special session on the 29th day
of January, 2007, in the Committee Room 103, City Hall, 1625 13th Street, Lubbock,
Texas at 7:30 A. M.
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7:33 A.M. CITY COUNCIL CONVENED
Committee Room 103,1625 13th Street, Lubbock, Texas
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Present: Mayor David A. Miller,
Member Linda DeLeon,
Member Floyd Price
Mayor Pro Tem Jim Gilbreath, Council
Council Member John Leonard, Council
Absent: Council Members Gary O. Boren and Phyllis Jones
1. EXECUTIVE SESSION
Mayor Miller stated: "City Council will hold an Executive Session today for the
purpose of consulting with the City Staff with respect to competitive matters of
the public power utility, and commercial or financial information that the
governmental body has received from a business prospect with which the
governmental body is conducting economic development negotiations, as provided
by Subchapter p of Chapter 551 of the Government Code, the Open Meetings
Law."
7: 36 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council Conference Room
All council members were present except Council Member Gary O.
Boren
Hold an executive session in accordance with V.T.C.A. Government Code,
Section 551.086, on the following competitive matters (Electric Utilities):
1.1.1 to deliberate, vote and take fmal action on electric rates of Lubbock
Power and Light;
1.1.2 to discuss, vote and take final action on a competitive matter
regarding operation, financial and capital statements and budgets,
revenue and expense projections, strategic and business plans and
studies of Lubbock Power and Light;
1.1.3 to discuss and deliberate a competitive matter regarding the
strategies, goals, funding and strategic purpose of the City of
Lubbock's relationship with and membership in the West Texas
Municipal Power Agency.
1.2. Hold an executive session in accordance with V.T.C.A. Government Code,
Section 551.087 to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business
prospect that the governmental body seeks to have locate, stay, or expand
in or near the territory of the governmental body and with which the
governmental body is conducting economic development negotiations
(Business Development).
9:17 A.M. CITY COUNCIL REGULAR MEETING RECONVENED
Committee Room 103
Present: Mayor David A. Miller; Mayor Pro Tem Jim Gilbreath; Council
Member Linda DeLeon; Council Member Phyllis Jones; Council
Member John Leonard; Council Member Floyd Price; Lee Ann
Dumbauld, City Manager; Anita Burgess, City Attorney; and Rebecca
Garza, City Secretary
Absent: Council Member Gary O. Boren
Special City Council Meeting
January 29, 2007
Mayor Miller reconvened the meeting at 9:17 a.m.
2. REGULAR AGENDA
2.1. Settlement Agreement Resolution - Streets: Resolution No. 2007-R0043
authorizing the Mayor to execute a settlement agreement relating to Cause
No. 2006-822,388; City of Lubbock v. West 50th Management, Ltd., et. al.
RESOLUTION NO. 2007-R0043
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 Compromise Settlement Agreement
and Release of All Claims with West SOth Management, Ltd., relating to Cause No. 2006-
822,388; Ciry of Lubbock v. West 50`h Management, Ltd., et.al filed in Lubbock County
Court at Law No. 3, which is attached hereto and 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 if fully copied herein in detail.
Passed by the City Council this 29th day of January, 2007.
/s/ David A. Miller
David A. Miller, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/ Dave Booher
Dave Booher
Right of Way Agent
APPROVED AS TO FORM:
/s/ Matthew Wade
Matthew L. Wade
Natural Resources Attorney
This Compromise and Settlement Agreement is related to the SOth Street
Widening Project. This project involves widening SOth Street to accommodate
increased vehicular traffic along SOth Street from Slide Road to West Loop 289.
The particular piece of property subject to this Agreement is located at the
southeast corner of the intersection of SOth Street and West Loop 289. In
seeking to acquire the necessary property, the City of Lubbock filed a
condemnation lawsuit in County Court at Law No. 3. (Cause No. 2006-
822,388; City of Lubbock v. West SOth Management, Ltd., et.al.) During the
eminent domain process, West SOth Management, Ltd., entered into an
"Unimproved Property ContracY' for the sale of the entire tract of land to
McDougal Companies. The closing for this sale is currently scheduled for
January 31, 2007.
Based on this information, the City of Lubbock and West SOth Management,
Ltd., agreed to settle the condemnation case whereby West SOth Management,
Ltd., will sell to the City that portion of the property sought in condemnation at
the same price being paid by McDougal Companies for the remainder. In
return, the City will dismiss their condemnation lawsuit and each party will be
responsible for their own fees and expenses related to the transaction.
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Special City Council Meeting
January 29, 2007
FISCAL IMPACT
The purchase price for this property is $109,424.
Staff recommends approval of this resolution.
Motion was made by Council Member Leonard, seconded by Council Member
Price to pass Resolution No. 2006-R0043 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
9: 18 A. M. COUNCIL ADJOURNED
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There being no further business to come before Council, Mayor Miller
, adjourned the meeting.
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Read and approved this �'� day of. �',�.� , 200.8�
,
Pro Tem Gilbreath
AT'TEST:
Rebe ca Garza, City Secretary
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