HomeMy WebLinkAboutMinutes - City Council - Special - 5/12/1983259
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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