HomeMy WebLinkAboutResolution - 2019-R0357 - Electric Infrastructure On Portion Of Berl Huffman & Comancharia Lake - 09/24/2019 Resolution No. 2019-R0357
Item No. 7.1
September 24, 2019
RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Texas home-rule corporation (the
"City"), through its municipally owned electric utility, Lubbock Power & Light
("LP&L"), provides retail electric service ("Electric Service") to the citizens of the City
of Lubbock;
WHEREAS, as a part of providing such Electric Service, LP&L has initiated the
Northwest to Mackenzie Transmission and Distribution Line Project("Project");
WHEREAS, the Project is necessary to serve the public and citizens of the City,
as previously found by the City Council of the City on September 28, 2017 (Resolution
No. 2017-R0355);
WHEREAS, the Project requires the location of transmission and distribution
related electric infrastructure on a portion of(i) Berl Huffman Athletic Complex, located
at approximately Loop 289 and Landmark, Section 17, Block A, Lubbock County, Texas,
and being a portion of that property described in Volume 1141, Page 567, Deed Records,
Lubbock County, Texas; and (ii) Comancharia Lake, located at approximately the 1900
block of Erskine Street, being a portion of Block 89, Roberts & McWhorter's Addition to
the City of Lubbock, Texas, according to the map, plat, and/or dedication deed thereof
recorded in Volume 19, Page 484, Deed Records, Lubbock County, Texas (as each are
depicted on Exhibit"A", attached hereto (collectively, the "Property"));
WIIEREAS, the construction and operation of the Project constitutes a valid
public use of the City and its citizens;
WHEREAS, there are no park facilities currently located on the Property;
WHEREAS, the Director of the Parks and Recreation Department of the City, and
the Chairman of the Parks and Recreation Board of the City, have each been notified of
the Public Hearing(herein so called) of even date hereof,
WHEREAS, notice of the Public Hearing was published in a newspaper of
general circulation in the City of Lubbock in accordance with Section 26.002 of the
Texas Parks & Wildlife Code;
WHEREAS, the City Council of the City, as the governing body of the City,
believes, and hereby finds, that it is in the best interest of the health, safety and welfare of
its citizens to construct and operate the Project on the Property,
WHEREAS, the City Council of the City, as the governing body of the City,
pursuant to Chapter 26 of the Texas Parks & Wildlife Code, desires to adopt this
Resolution providing for the use of the Property in comlection with the Project; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
SECTION 1. THAT, after hearing the testimony and evidence presented to
the City Council of the City at the Public Hearing, the City Council finds and determines
that there is no feasible alternative to locating the applicable portion of the Project on the
Property.
SECTION 2. THAT, after hearing the testimony and evidence presented to
the City Council of the City at the Public Hearing, the City Council finds and determines
that the construction and operation of the applicable portion of the Project on the Property
includes all reasonable planning to minimize harm to the Property.
SECTION 3. THAT, the City Council of the City, as the governing body
of the City, has considered the clearly enunciated local preferences regarding the use of
the Property to accommodate the applicable portion of the Project.
SECTION 4. THAT, the City Council of the City, as the governing body
of the City, believes and finds that it is in the best interest of the health, safety and
welfare of the public and citizens of the City to construct and operate the applicable
portion of the Project on the Property.
SECTION 5. THAT, on the 24th day of September, 2019, pursuant to
Chapter 26 of the Texas Parks & Wildlife Code, the City Council of the City held a
public hearing in the council chambers to consider accommodating the applicable portion
of the Project on the Property.
SECTION 6. THAT, pursuant to Section 26.002(c) of the Texas Parks &
Wildlife Code, notification of the Public Hearing was published in the newspaper of
general circulation once a week for three consecutive weeks prior to the date of the
Public Hearing.
SECTION 7. THAT, pursuant to Section 26.002(a) of the Texas Parks &
Wildlife Code, notice of the Public Hearing was provided to each person, organization,
department, or agency that has supervision over the Property.
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Passed by the City Council this 24th day of September, 2019.
DANIEL M. P PE, MAYOR
ATTEST:
Bec arta, City Sec tn
APPROVED AS TO CONTENT:
avid McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
Richard Cagier, LP&L General Counsel
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