HomeMy WebLinkAboutResolution - 2020-R0045 - Temporary Construction Easements For LP&L - 01/28/2020 (2)Resolution No. 2020-R0045
Item No. 6.19 RESOLUTION
January 28, 2020
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 upgrade of Lubbock Power& Light's system
to 115 kV, which encompasses construction of Lubbock Power & Light electric
transmission line facilities and the construction of related electric substations,including
but not limited to the following Capital Improvement Projects: CIP 92469 (Substation
Rebuild—Holly), CIP 92470 (Substation Rebuild—Oliver), CIP 92466
Autotransformer—Co-op), CIP 92477 (69/115kV Line Rebuild: Holly-Southeast),
CIP 92478 (69/115kV Line Rebuild: Holly-Slaton), CIP 92480 (69/115kV Line
Rebuild: Southeast-Oliver), CIP 92404 (115kV Line Construction – Northwest to
Mackenzie) (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, there will be circumstances where certain temporary construction
easements("TCE's")will be necessary related to construction of the Electric Facilities;
WHEREAS, although the City Council has previously delegated the authority to
the Director of Electric Utilities ("Director") to make offers and to purchase the
perpetual easement rights related to the Electric Projects, due to the nature of the
purchase price for same being tied to appraisals or market studies,the Council has not
provided such delegation as concerns TCE's;
WHEREAS, the delegation of authority to the Director, within the parameters
prescribed herein,to take all actions necessary to acquire necessary TCE's will reduce
the City of Lubbock's costs for the activities related to acquisition of the necessary
TCE's 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;
WHEREAS, in addition to the general delegation provided herein, the City
Council desires to approve an individual TCE,as attached hereto as Exhibit"I";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 TCE's necessary, in whole or in part, for the
Electric Facilities, 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 of the City Council.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
The Director,or his designee, is hereby authorized and directed to execute and/or
accept, for and on behalf of the City of Lubbock, the Temporary Construction
Easement,from X Fab Texas, Inc. to the City of Lubbock,as attached hereto as Exhibit
1", and to pay consideration in the amount of Five Hundred and No/100 Dollars
500.00), for same, such consideration being within the purchasing authority
delegated to the Director by the Electric Utility Board of the City of Lubbock,pursuant
to the Lubbock Power & Light Purchasing Policies, EUB Resolution No. EUB 2013-
R0030 (the"Purchasing Policies").
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
The Director, or his designee, is hereby authorized to take any and all actions
necessary to acquire TCE's needed for the Electric Projects, excepting the exercise of
eminent domain, and to provide consideration to affected landowners for same in an
amount not exceed the purchasing authority delegated to the Director under the
Purchasing Policies. Without limiting the general nature of the foregoing, the
delegation includes the authority (i)to make initial and final offers, in accordance with
Texas law, to the affected landowners for the TCE's; (ii) to execute or accept for and
on behalf of the City of Lubbock (a) contracts for the purchase of the TCE's, by and
between the City and the owner(s) of the lands to be encumbered by the TCE's
Agreements"), in conformance with the terms of the delegation provided herein or
upon other terms and provisions acceptable to the Director and in form acceptable to
the General Counsel of Lubbock Power & Light; (b) the TCE's, upon terms and
provisions acceptable to the Director and in form acceptable to the General Counsel of
Lubbock Power & Light; and (c) any other documents necessary for closing the
transactions contemplated by the Agreements or otherwise; and (ii)to expend funds as
authorized herein and in the budget for the subject Electric Project to acquire the
TCE's.
Passed by the City Council this 28th day of January, 2020.
DANIEL M. POPE, MAYOR
ATTEST:
Rebe arza, City Secret y
APPROVED AS TO CONTENT:
David McCalla, Director of Electric Utilities
APPROVED AS T RM:
Richard Casner, LP&L General Counsel
Exhibit 1
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WITNESS MY HAND, this the a �ay ofj,D�s,,.(��eA , 20k.5�
GRANTOR: X Fab Texas, Inc.
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ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF Uc. §
BEFORE ME? the undersigned authority, on this day personally appeared
5V- �1�, 1e ) , known to me to be the person whose name is
subsenbcd /to the foregoing instrument, as of
a corporation, and acknowledto m ged e that hell e executed
the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and
deed of said corporation.
WITNESS THE EXECUTION HEREOF as of this ;-a day of 20_L? .
sf�`-•,. Richard Adams Notary Public, in and for the State of Texas
My Commiswon Expires My Commission Expires: V' 3•- -7- -:2—
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- ID No. 125674483
ON
Legacy PSG, Inc.
Tract Number: NW-MK031.000 TCE #11
1)
Exhibit A