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HomeMy WebLinkAboutResolution - 2021-R0051 - Delegation of certain authority to the Director of Electric UtilitiesResolution No. 2021-ROOS l Item No. 6.16 February 9, 2021 RESOLUTION WHEREAS, the Electric Utility Board of the City of Lubbock has approved, and recommended adoption to the City Council of the City of Lubbock, certain Capital Improvement Projects providing for the construction of ("CIP'') for the construction of distribution projects, including but not limited to CIPs 92586 (Dunbar-Manhattan Heights Underground Conversion}, 92606 (South Plains Mall Expansion}, 92608 (Red Raider Substation Distribution Feeders), 92685 (FY 2020-2021 Distribution System Upgrade}, 92686 (FY 2020-21 Overhead Lines), 92688 (FY 2020-21 Underground Distribution), 92695 (Downtown Redevelopment), and other projects involving the need to acquire distribution easements, as may be recommended to the City Council of the City of Lubbock and approved by same (collectively, the "Electric Project"); WHEREAS, the City Council of the City of Lubbock has approved, through adoption of the budget for Lubbock Power & Light , the Electric Project; WHEREAS, the Electric Project serves the public interest of the citizens of the City of Lubbock in providing needed electric utility infrastructure reliability related improvements ("Electric Facilities"); WHEREAS, to implement the Electric Project and to capacitate Electric Facilities, certain easements are required for electric distribution lines; WHEREAS, the City Council has the power and authority to acquire real property interests for use by Lubbock Power & Light; WHEREAS, the City of Lubbock desires to voluntarily transact with landowners, as necessary, for necessary di stribution easements; WHEREAS, due to the volume of the property interests necessary for completion of the Electric Facilities, and to avoid unnecessary duplication and time consumptive activities by the City Council, the City Council finds that it is advisable and in the best interest of the citizens of the City of Lubbock, to delegate certain authority to the Director of Electric Utilities, or his designee, to provide offers and to accept counter offers, based upon defined price criteria derived from the applicable county central appraisal district, regarding such real property interest acquisition activities; WHEREAS, the delegation of authority will reduce the City of Lubbock's costs for the activities related to acquisition of the necessary Property Interests and enhance the timely construction and completion of the Electric Facilities; WHEREAS, the public interest is served by the authority delegated herein and the City Council so finds; WHEREAS, nothing contained herein shall be deemed to be authority to take or acquire property by eminent domain; rather, the City Council shall make such determinations independent of this Resolution, and this Resolution serves as a mere delegation of the process of making offers required by law, accepting counteroffers within the amounts herein specified and prescribing authority to close and fund voluntary transactions related to acquisition of the Property Interests; NOW, THEREFORE, BE IT RESOLVED BY THE C ITY COUNClL OF THE CITY OF LUBBOCK : The City Council hereby finds that the public welfare and convenience require the acquisition by the City of Lubbock of interests in real property necessary, in whole or in part, for the Electric Project and Electric Facilities (the "Property [nterests"), each to serve the public and the citize ns of the City of Lubbock, Texas. The recitals and preambles of this resolution are hereby adopted as further findings of the City Council. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: The Director of Electric Utilities, and his designees, are hereby authorized to make, execute, and deliver, for and on behalf of the City of Lubbock, offers to purchase (the "Offer" or "Offers"), and to accept counteroffers to sell ("Settlement Amounts"), the Property Interests, within the parameters set forth herein: A. Any Offer shall be based on the applicable county central appraisal district valuation. B. The Settlement Am o unts, as delegated herein, shall not exceed the purchasing authority delegated to t he Director of Electric Utilities by the Electric Utility Board of the City of Lubbock, pursuant to the Lubbock Power & Light Purchasing Policies, BUB Resolution No. 2020-ROI I l, approved on September 15, 2020. C. Offer(s) or Settlement Amounts greater than those above referenced are to only be approved by action of the City Council of the City of Lubbock, Texas. For the purposes of this resolution, to the extent required, closing costs to be borne by the City of Lubbock (the "Closing Costs"), in closing transactions to acquire the Property Interests, are not to be included in the authorized expenditure limitations prescribed in this resolution. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: The Director of Electric Utilities, or his designee, is hereby authorized (i) to execute for and on behalf of the City of Lubbock (a) contracts for the purchase of the Property Interests ("Agreements"), by and between the City and the owner(s) of the Property Interests, in conformance with the terms of the delegation provided herein or upon other tenns and provisions acceptable to the Director of Electric Utilities and in form acceptable to the General Counsel of Lubbock Power & Light; and (b) any other documents necessary for closing the transactions contemplated by the Agreements; and (ii) to expend funds as authorized in the budget for the Project to acquire the Property Interests. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: The Director of Electric Utilities, or his designee, shall report to the Electric Utility Board of the City of Lubbock, at a frequency of not less than once every month, of all activities taken under the authority delegated hereunder. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Nothing herein shall be deemed to prohibit the Director of Electric Utilities from placing an offer or counteroffer otherwise delegated by the City Council under the terms of this resolution on an agenda for consideration by the City Council in the event special circumstances exist which the Director of Electric Utilities opines necessitates consideration by the City Council. Passed by the City Council this 9th day of February, 2021. DANIEL M. POPE, MAYOR ATIEST: APPROVED AS TO CONTENT: lfaVidMcCalla, Director of Electric Utilities APPROVED AS TO FORM: