HomeMy WebLinkAboutResolution - 2017-R0355 - Delegation Of Authority - 09/28/2017Resolution No.2017-R0355
Item No.6.16
September 28,2017 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 a certain Capital
Improvement Project providing forthe construction of Lubbock Power & Light electric
transmission line facilities,including the construction of related electric substations,
known as the Northwest to Mackenzie Transmission Project (the "Electric Project");
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,numerous real property interests are in need of acquisition to
construct the Electric Facilities;
WHEREAS,the City Council has the power and authority to acquire real property
interests for use by Lubbock Power &Light;
WHEREAS,the offers of the City of Lubbock to purchase the real property
interests necessary for construction of the Electric Facilities are based upon third party
appraisals,prepared by a certified appraiser (the "Appraisals"), the Appraisals providing
for the value of the real property interests to be acquired, and the damages, if any, to
any of the owners'remaining property (the 'Total Compensation Amount");
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 to provide offers and accept counter offers, based
upon defined price criteria, 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 real property interests
and enhance the timely construction and completion ofthe 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 ofthe process of making offers required by law and accepting counteroffers
within the amounts herein specified; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL 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 Facilities (the "Property Interests"), each to serve the
public and the citizens of the City of Lubbock, Texas. The recitals and preambles of this
resolution are hereby adopted as further findings ofthe 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 (the "Settlement
Amounts"), the Property Interests, within the parameters set forth herein:
A. The Offer(s), as delegated herein, shall be in the amount of the
Total Compensation Amount, as prescribed in the Appraisal for
the subject Property Interests.
B. The Settlement Amounts, as delegated herein, shall not exceed:
1) The greater of.
a) One Hundred Thousand and No/100 Dollars
($100,000.00);
and
b) For those properties with a Total Compensation
Amount of more than One Hundred Thousand and
No/100 Dollars ($100,000.00), but less than F i v e
Hundred Thousand and No/100Dollars
($500,000.00), as prescribed in the Appraisal for
the subject Property Interests, Settlement Amounts
shall not exceed an amount equivalent to the
Total Compensation Amount of the subject
Property Interests, plus twenty percent (20%) of
such Total Compensation Amount.
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, 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 is hereby authorized 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,
(i) in conformance with the terms of the delegation provided h e r e i n ; and (ii) upon
other terms 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.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
The Director of Electric Utilities 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 determining to place any 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 28th day of Se tep mber,2017.
DANIEL M. POPE, MAYOR
ATTEST:
L),.o �4z.�4.4 All,
Reb fca Garza, City Secretary
APPROVED AS TO CONTENT:
C
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
e
Richard Casner, LP&L General Counsel