HomeMy WebLinkAboutResolution - 2019-R0109 - I-27 Recycling Site - 03/26/2019 Resolution No. 2019-R0109
Item No. 7.22
March 26, 2019
RESOLUTION
WHEREAS,the State of Texas, acting through the Texas Natural Resource Conservation
Commission (the "State"), on or about 2002, received information from Larry Webb d/b/a I-27
Recycling and Public Scales, I-27 Processing, 1-27 Truck Parts, and/or I-27 Public
Scales/Recycling, ("Webb") in connection with his activities on a certain 170-acre tract of
property (the "Facility" or the "Property") located north of the City of Lubbock and within
Lubbock County at 6201 North Interstate Highway 27 for the purposes of recycling non-
putrescible source-separated recyclable materials; and
WHEREAS, Webb operated the Facility for a period of time, accepting delivery of
hundreds of tons of both lawfully authorized and unauthorized materials, and storing them on-
site at the Facility; and
WHEREAS, the State, seeking to gain compliance by Webb with state law regarding the
disposal of solid waste, sought and obtained on August 28, 2009 a judgment against Webb
requiring him to cease accepting additional solid waste, and to complete a scheduled clean-up of
solid waste already received and stored; and
WHEREAS, the State additionally sought and obtained judgment against Webb for
penalties and attorney fees in connection with the judicial enforcement; and
WHEREAS, Webb ceased operations of the Facility and abandoned the property; and
WHEREAS, the property occupied by the Facility and abandoned by Webb has since
constituted a public nuisance, and further has been the source of several incidents, including fires
in 2002 and 2009, that have presented a hazard and a threat to the health and safety of
neighboring persons and properties, including the Lubbock Preston Smith International Airport,
several fixed-base operator businesses thereupon located, and users of Interstate Highway 27; and
WHEREAS, the City of Lubbock and Lubbock County, together and in recognition of
the ultimate futility of the State's enforcement of the judgment it obtained against Webb, now
deceased, said judgment ordering the Property remediated, now desire that the State partner
financially with the City and County to effectuate said remediation for the benefit of the public at
large.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK AND THE LUBBOCK COUNTY COMMISSIONERS COURT:
THAT the City of Lubbock and Lubbock County hereby request that the 86`x' Legislature
of the State of Texas appropriate funding sufficient to remediate fully the property occupied by
the Facility, and further direct any agency of the State to expend said funds to restore the property
to a condition safe to, and usable by, the public, and upon completion of said restoration,release
all judgments, liens, or other interests in the Property held by the State, or alternatively assign
said judgments, liens, and interests to the City of Lubbock and/or Lubbock County.
Passed by the City Council of the City of Lubbock on this, the 26th day of March, 2019.
Passed by the Lubbock County Commissioners Court on this, the day of March, 2019.
L--
DANIEL M. POPE, MAZVOR
ATTEST:
Reb cca Garza, City Sec tary
APPROVED A TO CONTENT:
W. Jarr Atkinson, City Manager
PR ED AS TO
i ch l erw li , First ssi nt City Attorney
CURTIS PARRISH, LUBBOCK COUNTY JUDGE
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
ccdocs/Resolution to remediate property(2)—Larry Webb 6201 North Interstate Highway 27
March 20,2019