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HomeMy WebLinkAboutResolution - 2018-R0201 - Abandonment Of Auditorium-Coliseum - 06/28/2018Resolution No. 2018-RO201 Item No. 6.16 June 28, 2018 RESOLUTION WHEREAS, the State of Texas on April 27, 1943 authorized the Board of Directors of Texas Technological College to select and convey real property located on the college campus to the City of Lubbock for the purpose of constructing a public building suitable for use as a public auditorium, with the condition that if the tract of real property and any improvements thereupon should cease to be so used by the City of Lubbock, that the title to said property and improvements would immediately revert to Texas Technological College; and WHEREAS, the State of Texas on May 1, 1953 authorized the Board of Directors of Texas Technological College to select and convey real property located on the college campus to the City of Lubbock for the purpose of constructing a public building to be used jointly for auditorium -coliseum purposes, with the condition that if the tract of real property and any improvements thereupon should cease to be so used by the City of Lubbock, that the title to said property and improvements would immediately revert to Texas Technological College; and WHEREAS, the State of Texas on May 1, 1953 further authorized the Board of Directors of Texas Technological College to contract with the City of Lubbock for the joint use of the auditorium -coliseum structure, as well as providing adjacent areas for parking, rights -of -way, and ingress and egress for use by the public of the structure; and WHEREAS, the Board of Texas Technological College on August 15, 1953 conveyed certain real property interests to the City of Lubbock for the purposes of constructing an auditorium -coliseum structure, and adjacent parking and street facilities, with the condition that all the real property interests conveyed, and any buildings constructed thereupon, if permanently abandoned by the City of Lubbock for auditorium - coliseum purposes, would revert to Texas Technological College; and WHEREAS, Texas Technological College and the City of Lubbock on August 27, 1953 entered into an Operating Agreement setting forth the terms of joint use of the auditorium -coliseum structure and attendant facilities, and duties and responsibilities of each party; and WHEREAS, several amendments to the Operating Agreement have been executed, and other agreements between the parties have concerned the property in the intervening time, a list of which are attached hereto as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, on November 7, 1961 the voters of the City of Lubbock approved a proposed amendment to the City of Lubbock Charter providing, in part, that "The City of Lubbock shall not permanently abandon the land, or buildings used and known as the Lubbock Municipal Auditorium -Coliseum, unless such abandonment is authorized by a majority vote of the qualified tax -paying voters at a general or special election held in accordance with law"; and WHEREAS, on May 5, 2018 the voters of the City of Lubbock, in a special called election, approved a proposition that read as follows: "Shall the City of Lubbock, Texas, by and through its City Council, be authorized to take all actions necessary to permanently abandon the land and buildings used and known as the Lubbock Municipal Auditorium - Coliseum, pursuant to Article II, Section 25 of the City of Lubbock Charter?"; and WHEREAS, the City Council of the City of Lubbock finds that the auditorium - coliseum structures are outdated, impractical, and in a state of severe disrepair, with the costs associated with necessary repairs to, and modernization of, the facilities being wholly unjustified based on their inherent design and use limitations as compared to other local venues; and WHEREAS, the City Council of the City of Lubbock finds that continued operation and maintenance of the auditorium -coliseum facilities, for the minimal revenue generated because of declining use and leasing opportunities, represents a fiscally irresponsible use of public tax dollars, which could alternatively be redirected into more useful and productive functions of the City of Lubbock; and WHEREAS, the City Council of the City of Lubbock desires to negotiate terms on a final abandonment of the facilities, including the termination of all existing agreements between the parties as to the facilities; and WHEREAS, the City Council desires to authorize all necessary actions to be taken to abandon use of the auditorium -coliseum facilities for auditorium -coliseum purposes, effective October 1, 2018. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager is directed to identify all formal agreements between Texas Tech University and the City of Lubbock, and take all administrative actions including negotiations regarding the abandonment of the facilities and providing written notice to Texas Tech University of the City's intent to terminate, by mutual agreement, said agreements and related matters on or before October 1, 2018; and THAT, pending the termination of all existing agreements between the parties and related negotiations as to the facilities, the City Council of the City of Lubbock, pursuant to Article II, Section 25 of the City of Lubbock Charter, does hereby abandon the Lubbock Municipal Auditorium and Coliseum, effective at 12:OOAM, October 1, 2018. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute any and all instruments necessary to effectuate the purposes and ends of this Resolution. ATTEST: Garza, City Secretary APPROVED AS TO CONTENT: vc� W. Jarr Atkinson, City Manager iey cedocs/Abandonment Resolution(v2) June 20, 2018 DANIEL M. POPE, MAYOR Exhibit "A" Coliseum -Auditorium Agreements City of Lubbock and Texas Tech University CC Resolution No. Date Instrument 082753A 8/27/1953 Original Deed/Easement 8/27/1953 Original Operating Agreement 011278A 1/12/1978 Amendment to Operating Agreement re: parking 2758 2/25/1988 Energy Agreement 4341 12/9/1993 Interlocal Agreement re: tunneling and connection to chilled water system 4433 3/24/1994 Interlocal Agreement re: tunneling and connection to chilled water system 2/28/1995 Extension of Interlocal Agreement re: tunneling and connection to chilled water system 5413 1/23/1997 Addendum to Energy Agreement 2000-R0420 11/27/2000 Amendment to Operating Agreement re: parking 2001-R0284 7/12/2001 Steam Transportation Agreement 2016-R0299 9/1/2016 License Agreement for Coliseum (through 8/31/2017) 2017-R0228 6/22/2017 License Extension Agreement for Coliseum (through 12/31/2017) 2017-R0463 12/7/2017 Second License Extension Agreement for Coliseum (through 6/30/2018)