HomeMy WebLinkAboutResolution - 2287 - Revised Power Sales Contract - WTMPA - Creation Of Agency & Appointments - 03/27/1986JCR: ct
RESOLUTION
A RESOLUTION by the City Counc.it o{ the City
netating to a Powex Satez Contnaet by and between
west Tex" Mun.icipat Powers Agency, authoxizing the
Contxact $on and on behatC oA the City of Lubbock,
in a tegat action to vatidate ce4ta.in proceeding.6,
nezotutionz and deetah.ing an emergency.
Resolution #2287
March 27, 1986
Agenda Item #30
o� Lubbock, Texas,
the City o� Lubbock and
execution o4 zueh
appnoving nepteAentation
Repeating con4ticting
WHEREAS, thin City Council hays hereto{one appxoved the execution of a
Power Satez Contnaet with the West Texas Municipat Power Agency (the
"Agency") and the texmz and pxovizionz theiceo� have been reviewed by th.iz
City Council; and
WHEREAS, the City of Ptainz, Texas, had aQso executed such Powers Sates
Contiaet whereby it had agreed that it -6 share of the expenses and obti-
gationz would amount to 1.570, and it now appea z that the City o� Pta.ins
tacked the power to execute such contxact and others c.itiu which pahtic i -
paced in the creation of the Agency ahe witting to azzume a pro -,rata
poAtion of zueh nuponzibitity and thus the onty change made in the
contnaet attached hereto -iz the adjustment o4 .such petcentages and the
detet.ion of the City oA Ptainz, Texas, " a panty zignato&y; and
WHEREAS, thus City Councit wi�shez to appxove participation by th.iz
City in tegat ptoeeed.ings to vatidate the eneation and ne-cteation of the
Agency and eentain Aetated mattetz and au.thotize the City Attorney oA
Lubbock, Texas, to act ass .its zpeciat counzet in such pAoeeed.ing s; NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS:
SECTION 1. That the Powers Sates Contxaet, the .same being attached
hereto ass Exhibit A, be and the same is hereby appxoved. The Mayan and
City Seenetahy o� the City of Lubbock ane hereby authonized to execute the
za.id contract ion and on behatj o{ the City o� Lubbock and a -s the act and
deed of th.iz City and governing body.
SECTION 2. That the pahticipation o{ thi.6 City in tegat pxoeeed.ingz
to vatidate the creation and ne-eteation o{ the Agency and certain netated
matteu is hereby approved and the City Attotney o4 Lubbock, Texas, on hi's
duignee, is authoxized to teptezent this City .in such tegat p4oeeeding�s,
and that thin governing body apptovez neptezentation by .6ueh City Attorney,
or h -vs dezignee, o4 th-us City as its specia2 counzet 4or such proeeedingA,
it bung hereby 4ound that the Agency and this City have a commonatity o4
interest and the izzuez to be determined .in such action are ident.icat with
rupeet to thin City and the Agency.
SECTION 3. That att tUotutionz hetetabote adapted which cute ox may
be eonttany to the ptovizions heteob axe hereby tepeated.
SECTION 4. The appointment ab Joan Baket ass a diAeetot with a term
ending Deeembet 8, 1984 and Leona Maxwett a3 a diAeetot with a term ending
Deeembet 8, 1985 iz heneby tat.ijied and conbitmed, and the bottow.ing
appointmentz axe hereby made on tatiAied and eonbitmed, " ob the date
indicated, to the Board ob Di&eetou ob the Agency bot the team ob obbice
herein designated:
Dutectox Team Commencez Tetm ExpiAu
roan Baker 12-9-84 12-8-86
Leona Maxwell 12-9-85 12-8-87
SECTION 5. That the pubtic impottanee ob this measute and the batt
that 1t iz to the bust intetut ob the City to execute and detivet the
Power Sates Contract and initiate .such p-toceedingz at the ea tie�st po�szibte
date conzt.itutu and cxeates an emetgeney and an urgent pubtic necessity,
nequi,ting that any Lute ptov.iding bot tezotutionz to be head mote than one
time of at mote than one meeting ab the City Council be zuzpended, and
tequiAing that this tesotution be pazzed a3 an emetgeney measure, and any
,such tutus of ptovau onz ane aeeotdingty zu�spended and thin tezotut.ion iz
passed ass an emetgeney meazm e, and shatt take ebbect and be in butt bocce
" ptovided herein.
SECTION 6. Th-iz Rezotution 3hatt become ebbeet.ive Atom and abtet the
date ob its pay.6age.
PASSED AND APPROVED this the 27th day
ATTEST:
oya,
APPROVED AS TO FORM:
Jollill
C. Rozz, J4., City Attotney
ob March , 1986.
ALAOr RV, -MAYO
;K —
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4�,,CITY OF LUBBOCK
/ \ City Secretary
r P.O. Bog 2000
} ' Lubbock, Tg. 79457
(806) 762-6411
April 24, 1986
Paul D. Budd
Attorney at Law
Fulbright and Jaworski
2001 Bryan Tower, Suite 1400
Dallas, Texas 75201
Dear Mr. Budd:
Enclosed you will find the following regarding Lubbock City Council action on
March 27, 1986, concerning the West Texas Muncipal Power Agency:
1. Four Certificates of City Secretary for copies of Ordinance No. 8909
amending an Ordinance which created the Agency.
2. Four Certificates of City Secretary for copies of Resolution No. 2287
relating to a Power Sales Contract between four West Texas Cities and
the Agency.
3. Three copies of Exhibit A: the Power Sales Contract between West Texas
Municipal Power Agency and the Cities of Brownfield, Floydada, Lubbock
and Tulia.
If we can be of any further service to you, please let us know.
Sincerely,
Ranette Boyd
City Secretary
RB/lib
Enclosures
Resolution #2287
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
CITY OF LUBBOCK
I, the undersigned, City Secretary of the City of
Lubbock, Texas, DO HEREBY CERTIFY as follows:
1. That on the 27th day of March 1986,
the City Council of the City of Lubbock, Texas convened in
regular session at its regular meeting place in the City Hall
of said City; the duly constituted members of the Council being
as follows:
ALAN HENRY
T. J. PATTERSON )
GEORGE CARPENTER )
E. JACK BROWN )
ROBERT A. NASH }
JOAN BAKER )
MAGGIE TREJO )
MAYOR
COUNCILMEMBERS
and all of said pe ssoens were present at said meeting, except
the following: fion
Among other business considered at said meeting, the attached
resolution entitled:
"A RESOLUTION by the City Council of the City of
Lubbock, Texas, relating to a Power Sales
Contract by and between the City of Lubbock and
West Texas Municipal Power Agency, authorizing
the execution of such Contract for and on behalf
of the City of Lubbock, approving representation
in a legal action to validate certain
proceedings, repealing conflicting resolutions
and declaring an emergency."
was introduced and submitted
adoption. After presentation
resolution, a motion was made
resolution be finally passed
seconded by Councilwoman Baker
vote:
to the Council for passage and
-
and due consideration of the
by Mayor Pro Tem Carpenter that the
and adopted. The motion was
_ and carried by the following
f
7 voted "For"
voted "A �
ainst"
g abstained
all as shown in the official Minutes of the Council for the
meeting held on the aforesaid date.
2. That the attached resolution is a true and
correct copy of the original on file in the official records of
the City; the duly qualified and acting members of the City
Council of said City on the date of the aforesaid meeting are
those persons shown above and, according to the records of my
office, each member of the Council was given actual notice of
time, place and purpose of the meeting and had actual notice
that the matter would be considered; and that said meeting, and
deliberation of the aforesaid public business, was open to the
public and written notice of said meeting, including the
subject of the entitled resolution, was posted and given in
advance thereof in compliance with the provisions of Article
6252-17, Section 3A, V.A.T.C.S.
IN WITNESS WHEREOF, I have hereunto signed my name
officially and affixed the seal of said City, this the 24th
day of Apr1 11 1986.
(City Seal)
0 0 7 4 b
City S retary
City of Lubbock, Texas
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