HomeMy WebLinkAboutMinutes - City Council - Regular - 5/7/1992CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
MAY 7, 1992
10:00 A.M.
The City Council of the City of Lubbock, Texas met in a special session on
the 7th day of May, 1992 in the City Council Chambers, first floor, City
Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M.
Present: Mayor B. C. McMinn, Mayor Pro Tem T. J. Patterson, Councilman
Bill Malay, Councilwoman Joan Baker, Councilwoman Maggie Trejo, Councilman
M. J. Aderton, City Manager Larry J. Cunningham, City Attorney Jahn C.
Ross, Jr., and City Secretary Ranette Boyd.
Mayor McMinn called the meeting to order at 10:00 A.M.
( 1.} The Invocation was given by Ranette Boyd, City
Secretary.
[ 2.) The Pledge of Allegiance was given in unison by those
in the Council Chambers.
( 3.) "National day of Prayer, 1992" in Lubbock --May 7, 1992
May 7, 1992
Page 358
92-51A-358-250
( 4.)
RESOLUTION #3877
WHEREAS, a settlement was reached by and between the City of Lubbock
and Currey Enterprises, Inc. in cause no. 91-534,690 pending in the 237th
District Court of Lubbock County, Texas; and
WHEREAS, said settlement was reached between meetings of the City
Council; and
WHEREAS, it was necessary for the Mayor to execute said settlement
agreement prior to April 30, 1992; and
WHEREAS, it is necessary to obtain Council ratification of the action
of the Mayor; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the signature of the Mayor affixed to that certain agreement
attached hereto as Exhibit "A" and made a part hereof for all purposes, is
hereby ratified by the City Council of the City of Lubbock.
Passed by the City Council this 7th day of May, 1992.
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
s Ranette. Bova
Ranette Boyd, City Secretary
APPROVED AS TO CONTENT:
/s/ Bern Case
Bern Case, Director of Aviation
APPROVED AS TO FORM:
/s/ John C. Ross, Jr.
John C. Ross, Jr., City Attorney
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
This Settlement Agreement and Release of all Claims (hereinafter
referred to as "Agreement") is entered into this date by and between CURREY
ENTERPRISES, INC., d/b/a BUDGET RENT -A -CAR and LES CURREY and LOIS CURREY,
individually, (hereinafter referred to as Plaintiff") and the CITY OF
LUBBOCK (hereinafter referred to as "City") and BERN CASE, DIRECTOR OF
AVIATION (hereinafter referred to as "Case", both of whom will be
collectively referred to herein as "Defendants").
WHEREAS, Plaintiff and the City have previously entered into a Lease
Agreement dated July 26, 1989 (hereinafter referred to as the "Lease"). A
true and correct copy of said Lease is attached hereto marked Exhibit "A"
and is incorporated herein by this reference as if copied herein in full.
May 7, 1992
Page 359
WHEREAS, Plantiff, pursuant to the Lease, has had a rent car office,
parking, and a service or maintenance facility located on the premises of
the Lubbock International Airport from that time to the date of the
execution of this Agreement.
WHEREAS, pursuant to the Lease, the City attempted to perform an
audit of the books and records of Plaintiff beginning in February, 1991.
This audit led to the controversies between Plaintiff and Defendants, which
controversies resulted in the filing of a suit in the 237th District Court
of Lubbock County, Texas, styled Currey Enterprises, Inc., d/b/a Budget
Rent -a -Car vs. City of Lubbock and Bern Case, director of Aviation, which
suit is now pending in said court (hereinafter referred to as the "Suit" or
the "Suit Referred to Above").
WHEREAS, Plaintiff and the Defendants have agreed to this Agreement
as a full and complete settlement and compromise of all matters arising out
of or that could arise out of the matters set forth in the Suit Referred to
Above and in full and complete satisfaction of all causes of action owned
and held by either party, Plaintiff or Defendants, arising out of the
Lease, except as may be reserved herein.
WHEREAS, Plaintiff and Defendants desire that Plaintiff remove itself
on or before April 30, 1992, from all the Lubbock International Airport
facilities held by Plaintiff pursuant to the Lease. Such removal shall be
in strict compliance with all the terms and conditions of the Lease as may
be modified herein and that all the terms and conditions of the Lease as
modified herein will be complied with by both Plaintiff and Defendants.
WHEREAS, the Suit Referred to Above and all claims and causes of
action set forth therein will be dismissed with prejudice with each party
being responsible for its own attorney's fees and costs incurred by it in
connection with said Suit.
NOW, THEREFORE, for adequate consideration received, the undersigned
agree as follows:
1. CONSIDERATION. The consideration for this Agreement is an
follows:
A. The termination of the Lease according to its terms and
conditions, as modified by this Agreement, on April 30, 1992, with neither,
party having nor claiming any right to renew, extend or enter into a new
Lease Agreement concerning the lease of any space on Lubbock International
Airport property.
B. The removal by April 30, 1992, of Plaintiff from all
space located currently by Plaintiff on Lubbock International Airport
property, including but not limited to, rental offices, administrative
offices, parking and maintenance and service facilities. All such removal
shall be pursuant to the terms and conditions of the Lease as may be
modified herein.
C. The dismissal with preduice of all claims and causes of
action now pending in the Suit Referred to Above.
D. The mutual release of all claims, set forth later herein,
releasing the parties from any and all claims arising out of the Lease and
its termination as set forth herein.
E. The payment by each party of its own costs and expenses
incurred in the prosecution and defense of the Suit Referred to Above and
in the preparation and finalization of this Agreement.
May 7, 1992
Page 360
2. RELEASE OF ALL CLAIMS BY PLAINTIFF. Defendants are hereby
completely and forever compromised, settled and released from all matters,
actions, claims, causes of action, and liabilities of any and all kinds
whatsoever which are referred to in the Suit Referred to Above and arising
out of the Lease, the termination of the Lease and the Suit Referred to
Above and all matters and things which could have been raised arising out
of the Lease, the termination of the Lease, and the Suit Referred t❑ Above,
both known and unknown. Plaintiff does hereby release, acquit and forever
discharge Defendants, their employees, associates, agents, representatives,
officers, or any ❑f them, and any person on party in privity with
Defendants from any and all actions, causes of action, damages, claims and
liabilities of any and all kinds whatsoever arising out ❑f ❑r to arise out
of the claims of Plaintiff arising out of the Lease, the termination of the
Lease, and the Suit Referred to Above, said actions, causes of action,
damages, claims and liabilities, including but not limited to, or arising
❑ut of ❑r to arise out of any claim, action, cause of action or allegation
made or that could have been made by Plaintiff against Defendants, ❑r any
agent, employees, representative, ❑r officer ❑f Defendants, or any of them,
or against any person or any of them, or against any person or party in
privity with Defendants.
3. RELEASE OF ALL CLAIMS BY DEFENDANTS. Plaintiffs is hereby
completely and forever compromised, settled, and released from all matters,
actions, claims, causes of action, and liabilities of any and all kinds
whatsoever which are referred to in the Suit Referred to Above and arising
out of the Lease, the termination of the Lease and the Suit Referred to
Above, and all matters and things which could have been raised arising out
of the Lease, the termination of the Lease and the Suit Referred to Above,
both known and unknown. Defendants do hereby release, acquit and forever
discharge Plaintiff, its employees, associates, agents, representatives,
officers and directors, or any of them, and any person on party in privity
with Plaintiff, or any of them, from any and all kinds whatsoever arising
out of or to arise out of the claims of Defenants arising out of the Lease,
the termination of the Lease, and the Suit Referred to Above, said actions,
causes of actions, damages, claims and liabilities, including but not
limited to, or arising out of or to arise out of any claim, action, cause
of action or allegation made or that could have been made by Defendants
against Plaintiff, or any agent, employee, representative, or officer ❑f
Plaintiff, or any of them, or against any person or any of them, or against
any person or party in privity with Defendants.
4. RESERVED CLAIMS. Notwithstanding anything herein to the
contrary or apparently to the contrary, there is specifically reserved
herein the rights of the parties arising ❑ut of the termination of the
Lease insofar as such matters may relate to the continued payment to the
City by Plaintiff of all rentals due and owing to the City for March, 1992,
April, 1992, and through the actual removal by Plaintiff from the Lubbock
International Airport, which removal shall take place not later than 12:00
o'clock p.m. April 30, 1992. City further reserves the right to assert a
claim for any damage to property caused by Plaintiff's removal from the
premises. Also reserved herein are Plaintiff's rights to sell its interest
in a certain service building pursuant to the terms and conditions of the
Lease as it may be modified by this Agreement. Also reserved and granted to
the City is the right to require that Plaintiff provide paid receipts fro
the construction of the counter located at the rental office in the Lubbock
International Airport and that if such receipts be provided and the counter
not be permanently attached to the premises, that in that event, Plaintiff
will be allowed to remove the counter from the airport premises. If such
receipts not be provided or if such counter be permanently attached, in
either event, such counter shall remain at the airport premises and shall
become the property of the City.
May 7, 1992
Page 361
5. MODIFICATION OF LEASE. The parties do hereby ratify and confirm
the Lease according to all of its terms and conditions, except that the
parties do hereby agree that the following additional provisions shall be
added t❑ Article Six D. As set forth in the Lease, Plaintiff shall have the
right t❑ negotiate fro a third party to purchase Plaintiff's interest in
the service building constructed by Plaintiff on Lubbock International
Airport property. The parties agree that Plaintiff will set its asking
price for such service building within thirty (30) days of Plaintiff's
receipt of notice by a third party of third party's interest in such
service building. Plaintiff further agrees that if Plaintiff and third
party are unable to negotiate the purchase by third party of the service
building, that Plaintiff will, within ten (10) days of receipt of notice
from third party of third party's refusal to purchase Plaintiff's interest
in the service building at Plaintiff's offered price, Plaintiff will
designate an appraiser ❑r appraisers pursuant to the provisions ❑f Article
Six D 2 of the Lease. All other terms and conditions of the Lease shall
remain in full force and effect, except as modified by this paragraph.
6. COMP!IANCNE WITH LEASETERMS_ THROUGH DATE OF VACANCY. The
parties agree to comply with all the terms and conditions of the Lease, as
modified herein, through and including the vacating ❑f the leased premises
by Plaintiff.
7. NO FURTHER AGREEMENT. The parties do hereby agree and warrant
it t❑ be a fact that in making this settlement, they are acting of their
own free will and voluntarily and are in n❑ way relying upon any promise,
warranty, representation ❑r agreement of any kind whatsoever, made directly
or indirectly, by any agent, employee, lawyer, officer, director, other
party ❑r representative of either party, or of any person or party in
privity with them, and not set out herein, and they do understand and agree
that this a full, final and complete settlement and release of any and all
claims ❑f every kind and character whatsoever, both known and unknown, and
held by either party against the other party, or their agents, employees,
representatives, officers, directors, or any of them, or any person ❑n
party in privity with them, and they understand that they will never be
able t❑ assert any further claim or cause ❑f action against the other
party, or against any agents, employees, representatives, officers ❑r
directors of the other party, or any person ❑r party in privity with the
❑ther party, arising out ❑f or to arise out ❑f the occurrences,
allegations, actions, causes ❑f actions or claims set forth or described
herein or alleged above herein, SAYE AND EXCEPT those reserved claims
specifically set forth herein.
8. NON -ADMISSION. The parties do further understand and agree that
this settlement is being made solely for the purpose of making peace and t❑
avoid further litigation and expense and that in making this settlement,
they are not admitting any liability but to the contrary, liability is
expressed denied.
9. UNDERSTANDING RELEASE. The parties do further warrant and
represent that they have read the above and foregoing Settlement Agreement
and Release of Claims and every word of it and do understand that it is a
full, final and complete settlement and release of all claims held, owned
❑r possessed by them against the other party or any agents, ❑fficers,
directors, representatives or employees ❑f the other party or any person or
party in privity with the other party, SAYE AND EXCEPT those reserved
claims specifically set forth herein.
May 7, 1992
Page 362
10. CONSULTATION WITH COUNSEL. The parties do further warrant and
represent that they consult with attorneys of their own choice and
selection and is entering into this Settlement Agreement and Release of All
Claims after making a full and complete investigation into the facts as set
forth above herein, as well as into the nature and extent of the injuries
and damages sustained in connection with said facts and they do further
warrant and represent that they are not relying upon any statement,
representation, or agreement not set forth herein. The parties do further
warrant and represent that they have been represented by attorneys of their
choice and selection and that they have been fully advised of all legal
rights and after having been so advised enter into this Settlement
Agreement and Release of All Claims acting upon their own judgment
exclusively.
11. ENTIRE AGREEMENT. This Settlement Agreement and Release of All
Claims represents the entire agreement of the parties and no change,
modification, or amendment thereto will be valid unless evidenced by an
instrument in writing signed by the parties.
12. BINDING EFFECT. This Settlement Agreement and Release of All
Claims shall be binding upon the undersigned, their personal
representatives, heirs, successors and assigns.
13. GOVERNING LAW AND PERFORMANCE. This Settlement Agreement and
Release of All Claims shall be binding upon the undersigned, their personal
representatives, heirs, successors and assigns.
SIGNED and AGREED TO this 7th day of May, 1992.
ATTEST:
U Lois Currey
Lois Currey, Secretary
ATTEST:
Ls/__Ranette Boyd
Ranette Boyd
PLAINTIFF
CURREY ENTERPRISES, INC. d/b/a
BUDGET RENT -A -CAR
By:/s/ Les Currey
Les Currey, President
IsZ Les Currey
Les Currey
/s/ Lois Currey
Lois Currey
DEFENDANTS
CITY OF LUBBOCK
/s/ B. C. McMinn
B. C.�"Peck" McMinn, Mayor
/s/ Bern Case
Bern Case
May 7, 1992
Page 363
APPROVED AS TO FORM AND CONTENT:
J. EDWIN PRICE, P. C.
2301 Broadway
Lubbock, Texas 79401
Telephone: (806) 763-5626
By:/s/ J. Edwin Price
J. Edwin Price
State Bar No. 16300300
ATTORNEY FOR PLAINTIFF
CITY OF LUBBOCK
JOHN C. ROSS, JR.
City Attorney
State Bar No. 17303000
HAROLD WILLARD
Assistant City Attorney
State Bar No. 21504200
P.O. Box 2000
Lubbock, Texas 79457
Telephone: (806) 767-2222
Telecopy: (806) 762-3623
By: s Denniis W. McGill
Dennis W. McGill
Trial Attorney
State Bar, No. 13627000
CRENSHAW, DUPREE & MILAM, L.L.P.
P.O. Box 14.99
Lubbock, Texas 79408
Telephone: (806) 762-5281
Telecapy: (806) 762-3510
By: s William J. Wade
William J. Wade
State Bar No. 20642000
Attorneys for Defendants
A copy of Exhibit A is filed with Resolution No. 3877.
According to Staff memo, the City began an audit of
Budget Rent-A-Car's operations at the Airport in
February, 1991. Staff was unable to complete the audit
due to a lack of cooperation from the owners of the
company. Consequently, Budget was given notice in
June, 1991 that their Lease Agreement would be
cancelled. Budget then sued the City of Lubbock and
the Director of Aviation and they subsequently amended
their petition to claim more than $300,000 in damages,
plus attorneys' fees and court costs.
Staff obtained a deposition from 8udget's former office
manager and after Council rejected their most recent
settlement offer, the company agreed to dismiss its
lawsuit against both the City and the Director of
Aviation and to vacate the leased premises not later
than April 30, 1992. The defendants were to simply pay
their attorneys' fees and their share of court costs.
May 7, 1992
Page 364
In order to be reasonably certain that the Curreys
would vacate the leased premises at the airport not
later than April 30, 1992, it was necessary for the
Mayor to execute a settlement agreement and release of
all claims in late April. This document is an
agreement in which the Curreys agree t❑ dismiss all
claims against both the City and the director of
Aviation and additionally, agree to vacate the airport
in exchange for the City foregoing all rights it might
have against the Curreys under the Lease Agreement or
❑therwise. Each side will pay their own attorneys'
fees and court costs. In addition, the Curreys are
permitted to sell their service facility t❑ their
successor at the airport and to remove their counter
facility, both ❑f which they were probably entitled to
d❑ under the lease anyway.
Staff recommended approval.
Motion was made by Mayor Pro Tem Patterson, seconded by
Councilwoman Trejo to authorize Resolution #3877 as
recommended by Staff. Motion carried: 6 Yeas; O Nays.
92-51A-364-251
{ 5.) Consider Resolution #3878 canvassing the returns and
declaring the result -of a Special City Election to fill
a vacancy, held May 2, 1992.
RESOLUTION #3878
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT OF A
SPECIAL CITY ELECTION TO FILL A VACANCY HELD MAY 2, 1992.
BE IT' REMEMBERED THAT on the 7th day of May, 1992, the City Council
of the City, of Lubbock met at 10:00 ❑'clock A.M. at the regular meeting
place of the City Council in the City of Lubbock Municipal Building with
the following members present, to -wit:
B. C. McMinn
T. J. Patterson
Bill Maloy
Joan Baker
Maggie Trejo
M. J. Aderton
Mayor
Mayor Pro-Tem
Councilmember
Councilmember
Councilmember
Councilmember
On motion of T. J. Patterson, seconded by M. J. Aderton, it is
unanimously carried that the returns of the Special City Election to fill a
vacancy, held May 2, 1992, as provided by law, be opened and canvassed, and
the results of the election declared therefrom; and said returns having
been duly canvassed, it is found that the votes for the various candidates
are as follows:
CANDIDATES FOR COUNCIL MEMBER, DISTRICT NO. 5 VOTES RECEIVED
TOM M. SCARBOROUGH . . . . . . . . . . . . . . . . . 1.146
RANDY NEUGEBAUER . . . . . . . . . . . . . . . . . . 1 354
TOTAL VOTES CAST: 2.500
May 7, 1992
Page 365
And it further appearing that said election was duly held as provided
by law and that the following person received a majority of the votes of
the sum total of votes cast for such specified position:
POSITION
COUNCIL MEMBER, DISTRICT NO. 5
PERSON RECEIVING MAJORITY VOTE
Randy Neugebauer
IT I5 THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK:
THAT the following named person was duly elected to the following
named position:
POSITION PERSON ELECTED
COUNCIL MEMBER, DISTRICT NO. 5 Randy Neugebauer
PASSED, APPROVED AND ADOPTED ON MOTION OF T. J. PATTERSON SECONDED BY M. J.
ADERTON, THIS 7TH DAY OF MAY, 1992, BY THE FOLLOWING VOTE:
COUNCIL MEMBERS VOTING AYE: B. C. McMinn
T. J. Patterson
Bill Mal oy
Joan Baker
Magpie Tre.io
M. J. Aderton
COUNCIL MEMBERS VOTING NAY: None
/s/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Isf Ranette Boyd
Ranette Boyd, City Secretary
APPRDVED A5 TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
The City Council was given the official tabulation
sheets produced at the Central Counting Station,
Lubbock County Courthouse, on Election Night, May 2,
1992. These tabulation sheets show by precinct the
number of ballots cast for each candidate, and the
number of over votes and under votes in the precinct.
An over vote is cast in a race if a voter voted for
more than one candidate, and an under vote is cast in a
race if the voter did not vote.
The results included for the record follow:
City of Lubbock Mayor
Gary D. Phillips 6,748 40.45%
David Langston 9,935 59.55%
Council Member District #2
T.J. Patterson 1,111 59.95%
Ronald G. Ranson 143 07.72%
Glynn Morgan 599 32.33%
May 7, 1992
Page 366
Council Member District #4
Max L. Ince 1,913 44.11%
Keith Potts 939 21.65%
Bill Maloy 1,305 30.09%
Write -In - Norman Igo 180 04.15%
Council Member District #5
Tom M. Scarborough 1,146 45.84%
Randy Neugebauer 1,354 54.16%
Council Member District #6
Stan
Bloom
92
03. 06%
Mikel
Ward
1,424
47.81%
Alex
"Ty" Cooke
1,342
44.66%
M.H.
Chappell
147
04.89%
Munici al Court Judge
Ken Johnson
11,742
TOTAL VOTES CAST IN CITY ELECTIONS: 16,897
According to Staff memo, a review of the Election
records has shown the results to be in order and Staff
recommended that Council act favorably on the two
resolutions canvassing the returns and declaring
results.
Motion was made by Mayor Pro Tem Patterson, seconded by
Councilman Aderton to authorize Resolution #3878
canvassing the results of the Special Election held May
2, 1992 to fill a vacancy and declaring the winner as
follows: Council Member District #5: Randy
Neugebauer. Motion carried: 6 Yeas; 0 Nays.
92-51A-366-252
( 6.)
1992.
THE STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
RESOLUTION #3879
ORDER AND NOTICE
OF
RUNOFF ELECTION
ELECTION ORDER
WHEREAS, a Runoff Election has been ordered by the City Council of
the City of Lubbock to be held May 30, 1992, for the purpose of electing
I. -he following officers of the City of Lubbock, Texas:
Council Member District No. 4
Council Member District No. 6
May 7, 1992
Page 367
Said Election shall be held at the places in the City of Lubbock
hereinafter designated as voting precincts and voting places on Exhibit A
attached hereto and made a part hereof for all intents and purposes.
Polling places shall be open from 7:00 A.M. to 7:00 P.M. and all electors
shall vote in the district of their residence and in the precinct of their
residence unless such precinct shall be consolidated with another precinct
as provided herein in Exhibit A. An electronic voting system shall be used
for this Runoff Election, including early voting.
The persons set forth in Exhibit B attached hereto and made a part
hereof for all intents and purposes, are hereby appointed Judges and
Alternate Judges to hold said Runoff City Election May 30, 1992. Each
Presiding fudge so named is authorized to appoint the number of clerks
specified by the Election Administrator, which number shall be not less
than two clerks nor more than six clerks. The Alternate Judge shall serve
as Presiding Judge in the event that the regularly appointed Judge is
unable to serve. The Alternate Judge shall be appointed by the Presiding
Judge to serve as one of the clerks in the event that the election is
conducted by the regularly appointed Judge.
Earle voting shall commence the llth day of May, 1992, and be
conducted at the office of the City Secretary on weekdays during the
regular hours of business of the office of the City Secretary, which are
from 8:00 A.M. to 5:00 P.M., and at a branch early voting place at the
South Plains Mall, 6002 Slide Road on weekdays from 8:00 A.M. to 5:00 P.M.
ELECTION NOTICE
The City Secretary of the City of Lubbock is hereby ordered to cause
publication of this Order and Notice of Runoff Election at least one time
in a daily newspaper published within the City of Lubbock not more than
thirty (30) days nor less than ten (10) days prior to the Runoff Election
as required by law and shall post this Order and Notice of Runoff Election
not later than the 15th day before election day on the official City of
Lubbock bulletin board. The City Secretary shall serve a duly certified
copy of this Order and Notice of Runoff Election on each of the Presiding
Judges named in Exhibit B hereto not later than the 7th day after the
signing of this Order and Notice of Runoff Election, or the 15th day before
the Runoff Election, whichever is later.
SIGNED AND EXECUTED in the Municipal Building at Lubbock, Texas, this
7th day of May, 1992.
Isj B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
/s/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
Isj John C. Ross Jr.
John C. Roses, Jr., City Attorney
May 7, 1992
Page 368
RESOLUTION #3879
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT OF THE
GENERAL CITY ELECTION HELD MAY 2, 1992.
BE IT REMEMBERED THAT on the 7th day of May, 1992, the City Council
of the City of Lubbock met at 10:00 ❑'clock A.M. at the regular meeting
place of the City Council in the City ❑f Lubbock Municipal Building with
the following members present, to -wit:
B. C. McMinn
T. J. Patterson
Bill Maloy
Joan Baker
Maggie Trejo
M. J. Aderton
Mayor
Mayor Pro-Tem
Councilmember
Councilmember
Councilmember
Councilmember
On Motion of Maggie Trejo, seconded by M. J. Aderton, it is
unanimously carried that the returns ❑f the General City Election held May
2, 1992, for the election of a Mayor, three City Council members and a
Municipal Judge„ as provided by law, be opened and canvassed, and the
results of the election be declared therefrom; and said returns having been
duly canvassed, it is found that the votes for the various candidates are
as follows:
CANDIDATES FOR MAYOR VOTES RECEIVED
GARY D. PHILLIPS . . . . . . . . . . . . M48
DAV I D LANGSTON . . . . . . . . . . . . . 9.93 5
CANDIDATES FOR COUNCIL MEMBER
DISTRICT NO. 2
T . J. PATTERSON . . . . . . . . . . . . . I J 11
RONALD G. RANSON . . . . . . . . . . . . 1443,_
GLYNN MORGAN . . . . . . . . . . . . . . 599
CANDIDATES FOR COUNCIL MEMBER
DISTRICT NO. 4
MAX L. INCE . . . . . . . . . . . . . . . I M3
KEITH POTTS . . . . . . . . . . . . . . . 939
BILL MALOY . . . . . . . . . . . . . . . I J05
WRITE IN VOTE . . . . . . . . . . . . . . 209
CANDIDATES FOR COUNCIL MEMBER,
DISTRICT NO. b
STAN BLOOM . . . . . . . . . . . . . . . 92
MIKEL WARD . . . . . . . . . . . . . . . 1.424
ALEX "TY" COOKE . . . . . . . . . . . . . 1342
M. H. CHAPPELL . . . . . . . . . . . . . 147
May 7, 1992
Page 369
CANDIDATES FOR MUNICIPAL COURT JUDGE
KEN JOHNSON . . . . . . . . . . . . . . . 11,742
TOTAL VOTES CAST: 16,683
And it further appearing that said election was duly held as provided
by law and that the following persons received a majority of the votes of
the sum total ❑f votes cast for each specified position:
POSITION
MAYOR
COUNCIL MEMBER,
DISTRICT NO. 2
COUNCIL MEMBER,
DISTRICT NO. 4
PERSON RECEIVING MAJORITY VOTE
David Langston
T. J. Patterson
No One
COUNCIL MEMBER,
DISTRICT NO. 6 No One
MUNICIPAL JUDGE Ken Johnson
IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK:
THAT the fallowing named persons were duly elected to the following
named positions:
POSITION
MAYOR
COUNCIL MEMBER,
DISTRICT NO. 2
COUNCIL MEMBER,
DISTRICT NO. 4
PERSON ELECTED
David Langston
T. J. Patterson
N❑ One
COUNCIL MEMBER,
DISTRICT NO. 6 No One
MUNICIPAL JUDGE Ken Johnson
AND IT IS FURTHER FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE
CITY OF LUBBOCK:
THAT no candidate received a majority of the votes cast for the
following named positions, which will require a runoff election for such
positions:
POSITION
COUNCIL MEMBER,
DISTRICT NO. 4
COUNCIL MEMBER,
DISTRICT NO. 6
RUNOFF ELECTION CANDIDATES
Max L. Ince
Bill Maloy
Mikel Ward
Alex "Tv" Cooke
May 7, 1992
Page 370
THEREFORE, a Runoff Election is hereby called for the 30th day of May,
1992, and the Mayor is hereby authorized and directed to issue an Order and
Notice of Runoff Election for the conduct of said Election.
PASSED, APPROVED AND ADOPTED ON MOTION! OF MAGGIE TREJO, SECONDED BY M. J.
ADERTON THIS 7TH DAY OF MAY, 1992, BY THE FOLLOWING VOTE:
COUNCIL MEMBERS VOTING AYE: B. C. McMinn
T. J. Patterson
Bill Maloy
Joan Baker
Maggie Trejo
M. J. Aderton
COUNCIL MEMBERS VOTING NAY: None
Is/ B. C. McMinn
B. C. McMINN, MAYOR
ATTEST:
Is/ Ranette Boyd
Ranette Boyd, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First Assistant
City Attorney
Motion was made by Councilwoman Trejo, seconded by
Councilman Aderton to authorize Resolution #3879,
canvassing the results of the May 5, 1992 General City
Election and declaring the winners as follow:
Mayor: David Langston
Council Member District #2: T.J. Patterson
Municipal Court Judge: Ken Johnson
and further authorizing the Mayor to Order a Runoff
Election for May 30, 1992 to determine the winner of
the race in District #4 between Bill Maloy and Max Ince
and in District #6 of the race between Mikel Ward and
Alex "Ty" Cooke. Motion carried: 6 Yeas; 0 Days.
May 7, 1992
Page 371
Swearing in ceremonies followed for Municipal Court Judge Ken Johnson,
Council Member Randy Neugeubauer, Mayor Pro Tem T. J. Patterson and Mayor
David Langston.
Mayor Langston then reconvened meeting and it was determined that there was
n❑ further business t❑ come before C Clb
tion w ade by Mayor Pr❑
Tem Patterson, seconded by Counoilr�a Ne a t adjou the meeting at
11:00 a.m. Motion carried: 7 Yeas; D Nays.
Jv
via H. Langston,
ATTEST:
Isl Ranette Boyd
Ranette Boyd, City Secretary
Read and approved this the 14th day
ATTEST:
Ranette Boyd, City Secretary