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HomeMy WebLinkAboutMinutes - City Council - Special - 5/12/1983259 20MM F11"I" 7) CITY OF LUBBOCK SPECIAL CITY COUNCIL MEETING MAY 12, 1983 12:05 P. M. In accordance with NOTICE OF CITY COUNCIL EMERGENCY MEETING posted at 10:05 A.M., this Special Meeting was convened at 12:05 P.M. for the purposes of considering the following Items of busi- ness. Those present: Mayor Pro Tem Alan Henry, Councilman E. Jack Brown, Councilman M. J. Aderton, Councilwoman Joan Baker, City Manager Larry Cunningham, City Attorney John C. Ross, Jr., City Secretary -Treasurer Evelyn Gaffga. Those absent: Mayor Bill McAlister. 33-42-259-462 Consider passage of a resolution urging Governor Mark White to veto S.B. 367. ( 1 ) Resolution No. 1391 Mayor Protem Henry Indicated that this bill had been passed by the Legislature In Its current session, and 850 cities In the State of Texas are Involved, said bill Imposing upon these cities enormous sums of money to be refunded to those citizens seeking retribution for sign violations; the legislation also nullifies all existing local ordinances; that this Is a definite Infringement upon the local right to govern and will be costly to the taxpayers. The motion was made by Councilman Aderton, seconded by Councilwoman Baker to pass Resolution No. 1391, and a certified copy be sent on this date to Gov. White. Motion carried: 4 Yeas; 0 Nays; McAlister absent. JCR:da RESOLUTION NO. 1391 WHEREAS, the Legislature of the State of Texas has passed and forwarded to the Governor of the State of Texas S.B. 367, requiring condemnation and compensation of signs removed by force of any ordinance; and, WHEREAS, this enactment is effectively a slap in the face to the 1,400 business owners in the City of Lubbock, Texas, who have heretofore voluntarily brought their signs into compliance with Lubbock zoning ordinances, by requiring them and other taxpayers to compensate the 200 other business owners who have failed to attain compliance during the period required; and, WHEREAS, this legislation would even require Lubbock citizens to pay for the removal of signs which have been severely damaged or abandoned by previous owners and therefore, now exist of no benefit to anyone but to the detriment of all; and, WHEREAS, this legislation in the case of Lubbock, where all recoupment due the sign owners under the United States and Texas Constitutions has been allowed during the nearly eight years since the adoption of the Ordinance, even though a six and one half year amortization period was held sufficient in law would constitute an additional recovery to sign owners; and, WHEREAS, this legislation would discourage inexpensive modifications when appropriate for compliance by business, instead allowing the sign owner to finance a new sign at great public expense; and, WHEREAS, this legislation would constitute an extinguishment of a matured obligation and require effectively a gift or donation in law of public funds to those already fully compensated at law, all as prohibited by the Constitution of the State of Texas; and, WHEREAS, by this legislation which would even require compensation for the removal of damaged and abandoned signs which are a public nuisance and possibly dangerous, a historical precedent against compensation for police power regulation is abandoned and the spector of burdening the citizens for the costs of other public health and safety areas of local concern is also raised; and, WHEREAS, Lubbock sign regulations were adopted by the Lubbock City Council after considerable public discussion, public referendum, numerous public hearings, and numerous revisions. Its purpose is to insure equity and uniformity of sign design so one sign does not block the view of another sign or of another business. Lubbock citizens are proud of the striking improvement in our community because of our local sign ordinance. Snpninl intPyP.qt a-rminQ M01-4"rr T--4-1_­.__ WE WHEREAS, legislation of this nature as to matters solely of local interest constitute a blatant intrusion into the home rule authority created by the citizens of Texas in their own Constitution, should be neither condoned nor left unchallanged by those with a duty to those citizens; and, WHEREAS, the City Council finds that the provisions of S.B. 367 are wholly inconsistent with the best interest of the health, safety and general welfare of the citizens of the City of Lubbock, which creates an emergency requiring the immediate passage of this measure; NOW THEREFORE: ,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION 1. THAT the Honorable Mark White, Governor of the State of Texas, BE and is hereby urged respectfully but with all serious conviction, ,to veto and by all other appropriate action restrain from final effect S.B. 367. SECTION 2. THAT a copy of this Resolution be forwarded to the Honorable Mark White, Governor of the State of Texas, immediately upon its passage. SECTION 3. THAT the fact that public necessity and convenience requires that this Resolution be passed as an emergency measure for the reasons set forth in the preamble hereof, this Resolution is declared to be an emergency measure to take effect from and after its passage. Resolved by the City Council this 12th day of May, 1983. I ATTEST: Isl Evelyn Gaffga Evelyn Ggttga, City Secretary -Treasurer APPROVED AS TO FORM: /s/John C. Ross, Jr.__ John C. Ross, Jr., City Attorney /s/ Alan Henry ALAN HENRY, MAYOR PRO-TEM 83--42-260-463 Consider passage of a resolution supporting the efforts of MOTHERS AGAINST DRUNK DRIVERS. ( 2 ) Resolution No. 1392 The emphasis of this resolution Is on the education of all citizens as to the hazards and trage- dies resulting from driving while/after drinking. The motion was made by Councilwoman Baker, seconded by Councilman Brown to pass Resolution 1392, and a certified copy of this resolution be forwarded on this date to the State Representatives of Lubbock currently In session In Austin. Motion carried: 4 Yeas; 0 Nays; McAlister absent. DGV/mck RESOLUTION NO. 1392 WHEREAS, the citizens of the City of Lubbock are gravely concerned about tragic accidents resulting from drinking drivers; and WHEREAS, the Mothers Against Drunk Drivers is an organization that is making efforts to educate the public and to obtain legislation to assist in elimination of drunk driving; and WHEREAS, the City Council of the City of Lubbock believes that such efforts by M.A.D.D. are in the best interests of all of the citizens of the City of Lubbock; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock pledges to support the efforts of M.A.D.D. in educating the public to the hazards of driving while under the influence of alcohol; and THAT the City Council will make every effort to insure police apprehension and conviction of persons engaging in driving while under the influence of alcohol; and 261 MAY 1! 1983 7 THAT the City Council of the City of Lubbock hereby expresses its appreciation and the appreciation of the citizens of the City of Lubbock to M.A.D.D. for its efforts in attempting to make our public streets safer for all citizens. Passed by the City Council this 12th day of May , 1983. A S an Henr ALAN HENRY, KAW PRO TEM ATTEST: /S/ Evelyn Gaffga Evelyn Gaffga, City Secretary -Treasurer APPROVED AS TO FORM: /S/ John C. Ross John C. Ross, Jr., City Attorney >3-42-261-464 Consider Ordinance No. 8440 on second reading regarding the Issuance of "City of Lubbock, Texas Electric Light and Power System Refunding Revenue Bonds, Series 1983.11, approving and authorizing the execution of a Purchase Contract, the approving the Official Statement prepared in connection therewith. ORDINANCE NO. 8440 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, AUTHORIZING THE ISSUANCE OF $10,770,000 "CITY OF LUBBOCK, TEXAS, ELECTRIC BONDS, SERIES 1983"; PRESCRIBING THE FORM OF THE BONDS AND THE FORM OF THE INTEREST COUPONS: PLEDGING THE NET REVENUES OF THE CITY'S ELECTRIC LIGHT AND POWER SYSTEM TO THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS: ENACTING PROVISIONS INCIDENT AND RELATED TO THE ISSUANCE, PAYMENT, SECURITY AND DELIVERY OF SAID BONDS INCLUDING THE APPROVAL AND EXECUTION OF A PURCHAS CONTRACT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO: AND PROVIDING AN EFFECTIVE DATE. The motion was made by Councilwoman Baker, seconded by Councilman Aderton to pass Ordinance 8440 on second and final reading. Motion carried: 4 Yeas; 0 Nays; McAlister absent. There being no additional business, the motion was made by Councilman Brown, seconded by Council- woman Baker to adjourn at 12:15 P.M. ALAN HENRY,_MAYOR PRO EM ATTEST: Fes' �,- EVELYN GAFFGA City Secretary READ AND APPROVE THIS 26th DAY k Uwe M. ATTEST: ILL McALI-STER, MAYOR