HomeMy WebLinkAboutMinutes - City Council - Special - 3/26/2007CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
MARCH 26, 2007
11:30 A. M.
The City Council of the City of Lubbock, Texas met in special session on the 26th day
of March, 2007, in the City Council Chambers, first floor, City Hall, 1625 13th Street,
Lubbock, Texas at 11:30 A. M.
11:30 A.M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor David A. Miller; Mayor Pro Tern Jim Gilbreath; Council
Member Linda DeLeon; Council Member Phyllis Jones; Council
Member John Leonard; Council Member Floyd Price; Tom Adams,
Deputy City Manager; Anita Burgess, City Attorney; and Rebecca
Garza, City Secretary
Absent: Council Member Gary O. Boren
1. REGULAR AGENDA
1.1. Lease Agreement Resolution - Business Development: Resolution No.
2007-R0128 authorizing the Mayor to execute a Lease by and between the
City of Lubbock, as Lessor and BeGo Enterprises, L.L.C. d.b.a. South
Beach, as Lessee, regarding Lots 17 - 24, inclusive, Block 231, Original
Town of Lubbock, Lubbock County, Texas, according to the map, plat or
dedication deed recorded in Volume 5, Page 386, Deed Records, Lubbock
County, Texas.
RESOLUTION NO. 2007-R0128
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock, a Lease between the City of Lubbock,
as Lessor, and BeGo Enterprises, L.L.C. dba South Beach, as Lessee, covering Lots 17-24,
inclusive, Block 231, Original Town of Lubbock, Lubbock County, Texas, according to
the map, plat or dedication deed recorded in Volume 5, Page 386, Deed Records, Lubbock
County, Texas, and all related documents. Said Lease is attached hereto and incorporated
in this Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
Passed by the City Council this 26th day of March 2007.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
/s/Rob Allison
Rob Allison
Assistant City Manager/Development Services
/s/Dave Booher
Dave Booher, Right -of -Way Agent
APPROVED AS TO FORM:
/s/Richard K. Casner
Richard K. Casner
First Assistant City Attorney
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Special City Council Meeting
March 26, 2007
The lease agreement between BeGo Enterprises, L.L.C. dba South Beach and
the City of Lubbock involves the lease of this facility to BeGo Enterprises for
120 days for the consideration of BeGo's release and quitclaim of its rights of
first refusal (i.e., no additional monetary consideration).
A copy of the lease by and between BeGo Enterprises, L.L.C. and the City is
provided.
FISCAL IMPACT
No fiscal impact is anticipated.
Staff recommends approval of this resolution.
Motion was made by Leonard, seconded by Council Member Jones to pass
Resolution No. 2007-R0128 as recommended by staff. Motion carried: 6
Ayes, 0 Nays.
1.2. Resignation Resolution - City Council: Resolution No. 2007-R0129
accepting the resignation of City Councilman Gary Boren and ordering a
Special Election to fill the vacancy for City Council member, District 3, to
be held May 12, 2007.
RESOLUTION NO. 2007-R0129 AND ORDER
WHEREAS, Gary Boren, District 3 Councilman, has submitted a written
resignation of office to the Mayor and City Council on March 22, 2007, to be effective
immediately; and
WHEREAS, the City Council hereby accepts said resignation and orders an
election to be held to fill such vacancy on the City Council on the first uniform election
date occurring more than 30 days after acceptance of said resignation in accordance with
Sections 201.051 and 201.052 of the Election Code; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock, Texas, hereby accepts the
resignation of Councilman Gary Boren submitted on March 22, 2007, a copy of which is
attached hereto and made a part hereof for all intents and purposes. The City Council
hereby orders a special election to fill the vacancy in the position of Council Member,
District 3, to be conducted May 12, 2007, for the purpose of filling the vacancy created by
the resignation of Councilman Boren for the unexpired term remaining for the position of
Council Member, District 3. The Mayor of the City of Lubbock is hereby authorized and
directed to execute an official order and notice of special election to fill the vacancy in the
position of Council Member, District 3, on Saturday, May, 12, 2007. Applications for a
place on the ballot will be accepted from the date of final passage of this Order until 5 p.m.
April 11, 2007.
Passed by the City Council this 26th day of March, 2007.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
/s/Donald G. Vandiver
Donald G. Vandiver, Attorney of Counsel
The resignation of City Councilman Gary Boren, District 3, occurred on March
22, 2007. This has created a vacancy on the City Council of the City of
Lubbock. The City Charter of the City of Lubbock and the Texas Election
Code require such vacancy to be filled by a special election called for such
purpose.
Special City Council Meeting
March 26, 2007
The next available election date complying with the requirements of City
Charter and Sections 3.004, 41.001, 201.023, 201.51, and 201.052 of the
Election Code is May 12, 2007.
FISCAL IMPACT
Cost of Special Election.
Council Member Leonard made the following statement:
"Mayor and fellow Lubbock City Council members, the events of the last
several days have been very disturbing to me, as I am sure they have been to
you. We are now considering a motion to replace one of this community's
outstanding public servants who felt it necessary to resign his position on this
body.
With Mr. Boren's resignation, we have lost an outstanding friend of the citizens
and a sincere respecter of our taxpayers' hard-earned money.
Equally disturbing to me, though, are the mean -spirited and back -stabbing
personal attacks on members of this council and loyal employees of our city
that we have seen in the media. It is truly heartbreaking to me, as I hope it is to
all of you, to see good people ruthlessly attacked without any opportunity to
defend their reputations.
When I announced that I would seek election to this body, it was because I
respected and believed in the conservative philosophy of the previous holder of
my position as well as the philosophy that had been exhibited by the prior
council. I had hoped that we could continue to represent the conservative fiscal
values of our community.
Over the past few days, scores of my constituents and other Lubbock citizens
have contacted me about the recent actions of this council. A few have
encouraged me to resign from the Council, saying that it has now been proven
that you can't fight City Hall. Likewise, I have been inundated by others who
have understood my angst at being one of the few conservative voices on this
panel but have encouraged me to continue on and represent their position as
best I can.
Quite honestly, I have felt overwhelmed. On one hand, I don't see that the
conservative fiscal values that others and I have for this community will
prevail. On the other hand, I am hopeful that another conservative member
with the same fiscal values as Mr. Boren will be elected in May and that others
might be elected in 2008.
The easy way for me would be to resign my position on this Council. After all,
I have a business and personal life that have been neglected since I became a
member of this body. However, to resign my position would be a
disappointment to my supporters and constituents.
Therefore, I will continue to serve on this Council and hope that the personal
attacks on the members and our loyal employees will stop. In the meantime, I
will continue to vote my conservative beliefs and will work to elect other
citizens to this Council who will return to the conservative fiscal values that
have been abandoned by this Council. Thank you."
Council Member DeLeon stated, "I think that this Council has done a very good
job of addressing the needs of this community. I don't know where the
allegations come that we're not conservative. We followed the policy on Truth
in Taxation that Mr. Boren advocated, and we did that this year. We also tried
to, at least those that were still on the Council before the new ones came on, to
follow the letter of the law and follow the Charter and understand what our
authority is as Council people. I have listened to some of the talk shows and
things that are being said — we need healing in this community and of this entire
city, because we are going in the right direction. We need to embrace the
Council that is here and the member that will be elected in May, and to go
through classes so every member on this Council knows what our authority is
and where the limits are, and not go past that. I also want to say that the
statement that was read by Anita Burgess, our City Attorney, on Friday, was
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Special City Council Meeting
March 26, 2007
because Gary Boren requested that that statement be read. So, that way, this
case would cease, and that there wouldn't be any criminal charges filed. So,
what we need is healing in this community, that we've done the best that we
can in bringing out things that were going very bad, and that is out in the public
now, and now we need to work as a team and work as a city to do what is in the
best interest of the entire community and the city."
Council Member Price stated, "I am privileged to serve the City Council my
last three years and serve with the prior Council member, and the Council
members that I have served with in this new election. I just think that the city
of Lubbock is so blessed to have a direction that it is going. It is not all
according to the city government, because you've got strong citizens and
business people that is partnership up with the city and gave a lot of insight on
what is the future for the city of Lubbock, Texas. I am just as conservative as
anybody. I truly believe that conservative attitudes is the way to go, but you've
got to understand that in order to have a lifestyle that this great city has, and the
people who require good parks, good law enforcement, public service, good
streets, infrastructure, and in order to have that, we are going to have to come
up with a way to pay for that. We need to understand that government operates
on taxes, fees, and grants, and those grants are just taxes also. And, I don't care
how conservative you are, if you continue to cut — cut away, cut away, cut
away, cut away, you're not going to have the lifestyle that this great city of
Lubbock is used to having. So, sometime you've got to make sacrifices, and
the sacrifices calls everybody. The thing that I want the public to understand is
that when there is a fee increase, just like we had to increase our water fees this
year, each person on this dais have to pay for that increase also. If there is
anything going on in the city that costs more, the Council is not exempt from
that. We have to pay taxes. We pay the same taxes as anyone else. Myself, I
don't like paying taxes, but it's a necessity in order for this great city to
continue to grow. I think it is time for us as a Council to work as a team, and as
you work as a team, it is not saying that you are not going to have some spats.
That's fine, but when you come out to present the program to the great city of
Lubbock and the people who put you here, we should come out as a team. I
think it is time for us to get that monster back in it's cage, seal him up, and start
to doing what this great city of Lubbock expects us to do, and that is to function
as a government body. There has been enough finger -pointing going on. It's
enough of that. It is time to get back to what you got elected to do, and that is
to govern this great city. Floyd Price is going to do his best. My thing, when I
was running for this position, I made one promise — I would be your servant.
By being a servant, I mean I will work with whoever's here. The newly elected
person, I am going to work with that person, whoever they are, to make this city
continue to grow. Lubbock is not in a bad position at all. Lubbock is growing,
it's thriving, and it's ok. So, to all those out there that is beating the bush and
talking about Lubbock is going to be behind. No, Lubbock is going to continue
to grow. I thank the citizens of this great city, this 200+ thousand people for
allowing me to be here in this time to function as a government agency for this
city. Council persons, my colleagues, let's cool our lips, let's open our hearts,
let's continue to work, and I think we have thrown enough gasoline on the
burning fire. Let's go to work."
Council Member Jones added one comment, stating "I have to take at face
value Councilman Boren's resignation, which he said he made the best decision
for he and his family, and I have to take that as that's what he said and that's
what he meant. I ran on accountability, and that's about being transparent. We
all have, as elected officials up here, the public has the right to know how
elected officials are conducting the public's business. I think that is a good
thing, because there are consequences for actions, and there are good
consequences and there are bad consequences. But that is what accountability
is all about, and transparency."
Mayor Pro Tern Gilbreath stated, "It's time to move on and go to the next
chapter."
Special City Council Meeting
March 26, 2007
Motion was made by DeLeon, seconded by Mayor Pro Tern Gilbreath to pass
Resolution No. 2007-R0129 as recommended by staff. Motion carried: 6
Ayes, 0 Nays.
1.3. Joint Election Resolution - City Council: Resolution No. 2007-R0130
authorizing the May 12 Special Election to fill a vacancy in Council
District 3 to be conducted as a joint election with Lubbock County and
other eligible governmental units in Lubbock County and authorizing the
Mayor to execute a Contract for Services with Lubbock County and the
other eligible governmental units for said joint election.
JOINT ELECTION RESOLUTION NO. 20007-R0130
WHEREAS, Chapter 31, Subchapter D, of the Texas Election Code authorizes the
governing body of a political subdivision with the County's election officer for election
services in an election ordered by the political subdivision; and
WHEREAS, Chapter 271 of the Texas Election Code provides for joint elections
when an election is required upon the same day by two or more political subdivisions
occupying all or part of the same county; and
WHEREAS, the City of Lubbock desires to contract with the Lubbock County election
officer for election services for its May 12th, 2007, Special Election to fill a vacancy; and
WHEREAS, several other political subdivisions within Lubbock County also are
conducting elections on the same day and are also contracting with the Lubbock County
election official for election services; and
WHEREAS, the City of Lubbock desires to conduct a joint election on May 12th,
2007, with such governmental units as are eligible and desire to conduct a joint election
with such other governmental units as are eligible to conduct a joint election with the City
of Lubbock as may be expressed by order, resolution or other official action of said
governmental units; NOW THEREFORE:
BE IT RESOLVED BY THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor to execute the attached Contract for Election Services and any associated
documents with Lubbock County for the May 12th, 2007, City of Lubbock Special Election
to fill a vacancy; and
THAT the said Contract for Elections Services shall be deemed a joint election
agreement authorized by this Resolution with those governmental units within Lubbock
County that are conducting an election on May 12th, 2007, and that desire and are eligible
to conduct a joint election with the City of Lubbock on May 12th, 2007; and
THAT the City Secretary is hereby authorized and directed to make any necessary
changes to the Election Notice/Order exhibits or otherwise to take such actions as may be
necessary to carry out the purposes of this Resolution.
Passed by vote and approved this 26th day of March, 2007.
/s/David A. Miller
DAVID A. MILLER, MAYOR
ATTEST:
/s/Rebecca Garza
Rebecca Garza, City Secretary
APPROVED AS TO FORM:
/s/Don Vandiver
Don Vandiver, Attorney of Counsel
Consider a resolution authorizing the May 12 Special Election to fill a vacancy
in Council District 3 to be conducted as a joint election with Lubbock County
and other eligible governmental units in Lubbock County and authorizing the
Mayor to execute a Contract for Services with Lubbock County and the other
eligible governmental units for said joint election.
Special City Council Meeting
March 26, 2007
FISCAL IMPACT
Joint election with Lubbock County will save taxpayer funds.
Motion was made by Council Member DeLeon, seconded by Council Member
Price to pass Resolution No. 2007-R0130 as recommended by staff. Motion
carried: 6 Ayes, 0 Nays.
11:40 A. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor Miller
adjourned the meeting.
Read and approved this 26th day of April, 2007.
/s/ David A. Miller
David A. Miller, Mayor
ATTEST:
/s/ Rebecca Garza
Rebecca Garza, City Secretary