HomeMy WebLinkAboutResolution - 1391 - Request Governor Mark White Veto Senate Bill 1367, Regarding Sign Regulations - 05_12_1983a
RESOLUTION 1391 — 5/12/83 (Emergency Met
JCR:da
RF.gnT.TTTTnW
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 re-
quiring 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 Constitu-
tion 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 Coun-
cil after considerable public discussion, public referendum, numerous public
hearings, and numerous revisions. Its purpose is to insure equity and uni-
Iformity of sign design so one sign does not block the view of another sign or
jof another business. Lubbock citizens are proud of the striking improvement
in our community because of our local sign ordinance. Special interest groups,
!acting through our State Legislature, should not be allowed to undermine local
determination. in such matters; and,
WHEREAS, legislation of this nature as to matters solely of local in-
terest 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 immed�ate 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.
AL NRY, MAYOR PRO -TAM
!ATTEST:
E�vi
elyn Ga ga, City A e ary-Treasurer
APPROVED AS TO FORM:
,�L C <?. V-J-0 14�
n C. Ross, Jr., City Attorn y