HomeMy WebLinkAboutOrdinance - 9458-1991 - Amending Section 8-4 Subsections (B) And (C) Code Of Ordinaces - 07/11/1991DGV:da
First Reading
July 11, 1991
Item #18
Second Reading
July 25, 1991
Item #8
ORDINANCE NO. 9458
AN ORDINANCE AMENDING SECTION 8-4, SUBSECTIONS (b) AND (c) OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO ESTABLISH-
MENT OF DISTRICTS FOR CITY COUNCIL MEMBERS BASED UPON THE 1990 FEDERAL
CENSUS; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas, has received
the results of the 1990 federal census and has studied such results with
regard to City Council Districts; and
WHEREAS, the City Council of the City of Lubbock has determined that
it would be in the best interest of the citizens of the City of Lubbock to
require that the following changes be made to such Districts, which changes
are in keeping with the requirements of the Voting Rights Act of 1965, as
amended, and the judgment in Jones v. City of lubbock, No. 79-2744, North-
ern District of Texas; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Subsection 8-4(b) of the Code of Ordinances of the
City of Lubbock, Texas, be amended to read as follows:
(b) The voting precincts set out in this section are
hereby divided into six (6) City Council voting districts with
each district to contain the following named voting precincts:
Council District No. 1--Precinct Nos. 1, 2, 3, 4, 5, 8,
10, 17, 18, 63, 79,
and 80.
Council District No. 2--Precinct Nos. 6, 19, 20, 25, 26,
29, 40, and 70.
Council District No. 3--Precinct Nos. 11, 14, 15, 16, 21, 22, 23, 24, 28, and
49.
Council District No. 4--Precinct Nos. 12, 30, 48, 52, 54,
60, 61, 67, 74, and
75.
Council District No. 5--Precinct Nos. 27, 53; 55, 57, 62,
66, 73, and 78.
Council District No. 6--Precinct Nos. 7, 9, 13, 47, 50,
58, 59, 71, 72, and
76.
SECTION 2. THAT Subsection 8-4(c) of the Code of Ordinances of the
City of Lubbock, Texas, be amended to read as follows:
(c) The voting district, voting precincts and voting
places set out in this section are hereby delineated on the map
denominated "C;ty of Lubbock Voting Precincts/Districts,
effective January 1, 1992/0fficial Map." A copy of said map 1s
attached to and made a part of this section as if fully copied
herein in detail. A copy of the original of such map shall be
kept in the office of the city secretary and shall be available
for public inspection, and at each special and general city
election, a true copy of said map shall be furnished by the
city secretary to each of the presiding judges of the voting
precincts for such special or general city election.
SECTION 2. THAT should any section, paragraph, sentence, phrase,
clause or word of this Ordinance be declared unconstitutional or invalid
for any reason, the remainder of this Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary is hereby authorized and directed
to provide for publication of this Ordinance in its entirety following
final passage by the City Council.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 11th day of
July , 1991.
Passed by the City Council on second reading this 25th day of
July , 1991. ----
· __ APP.RO-VfD AS TO CONTENT:
City Manager
- 2 -
CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
STATE OF TEXAS §
AFFIDAVIT
-Before me, the undersigned authority, personally appeared Ranette
Boyd, who, being by me duly sworn, deposed as follows:
· My name is Ranette Boyd, I am of sound mind, capable of making this
affidavit, and personally acquainted with the facts herein stated:
I am the custodian of the records of the City Secretary's Office for
the City of Lubbock, Texas. Attached hereto is a transcript of testimony
given at the Public Hearing on Redistricting during the July 11, 1991 City
Council Meeting. These records are kept by me as City Secretary in the
regular course of business, and it was in the regular course of business of
the City Secretary of the City of Lubbock, Texas or an employee or
representatives of the City Secretary of the City of Lubbock, Texas, with
knowledge of the act, event, condition, opinion, or diagnosis, recorded to
make the record or to transmit information thereof to be included in such
record; and the record was made at or near the time or reasonably soon
thereafter. The records attached hereto are the original or exact duplicates of the original.
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared Ranette Boyd, known to me to
be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of July, 1991.
PUBLIC TESTIMONY GIVEN AT PUBLIC HEARING HELD THURSDAY, JULY 11, 1991 AT
10:45 A.M. BY THE CITY COUNCil OF THE CITY OF lUBBOCK, TEXAS REGARDING
REO I STRICTI NG.
ClYDE MYRES: ·Mayor, City Councilmen, City Manager, My name is Clyde Myres.
I live at 2606 Ridge Road. I just want to quote an article in the paper
this morning that says that Councilmembers are seeking to balance the
population levels of six Council Districts, maintaining two predominantly
minority districts.
Mr. Mayor, Councilmen--that's just what I object to. I object to anything
that would cause me to have to live in a segregated district. I think it's
unfair to my family; I think it's unfair as an American and if we're going
to--1 understand--it's the Court--the Supreme Court must talk with a forked
tongue, because we've been bussing our grandchildren and children now for
about 30 years to integrate, Right? And I've always felt that if I could
help integrate the district I live in, prejudice would cease because the Justice Department wouldn't have any reason or any excuse to tell me I've
got to bus my grandchildren. And all these things are breaking us. We
should only consider one thing and that's the handicapped.
I just want to give a few reasons as a businessman. I've been in business
35 years and I do a lot of thinking about what's good for my survival and
one thing--we. can't dilute two districts because of a cultural group who
have special interests and they have, through political clout, went to the
Supreme Court and they say--1 guess they're saying they want us to stay
segregated and I'm trying to integrate and we've spent a lot of money for
it. But let me tell you what it will come to--right now you're saying you
can't dilute these areas. Ok. Councilwoman Trejo--she's a good
representative, I think out there in that district, but if her political
backers, and T.J. Patterson--if his political backers get behind him and
the Chamber of Commerce--what, their budget's about $700,000 and they come up with a development out here and we'll begin it in North lubbock. But
we're going to need about 2,000 homes out there, but if we fill those 2,000
homes we may dilute that area, so we can't have that. This place is going
to have to go somewhere else. He may have to go to some other town to get
land that he can afford. If we dilute our area, we'll become segregated
and we can't have that.
I'll get on with my point, but the real disappointment of this government
census is they said they wouldn't use it against me; then here they've got
so many Hispanics, so many Whites, so many Blacks, so many Other1 and we
talk about deviation? I didn't think we had any deviation in America.
We're all straight liners--main liners, aren't we? This really had me
confused, so I come down to one of the City Managers--City Administrators--
1'11 say this, he's a highly sincere young man--he really means well. He
explained to me that if we diluted those areas to where they couldn't have
one of their culture representing these people--we got so many poor people,
so many single mothers--that if they're not represented properly by someone
of their culture, they'll just be devastated. And I guess they're telling
me that Bill Maloy doesn't have the compassion to administer to the poor
Black families. And I guess they're telling me that Ms. Trejo doesn't have
the compassion to administer to a poor White family. Where do we start? I
mean where do we stop this thing?
. :; '
·If we keep breaking everything down into race and political things like
that, we'll be destroyed. We'll--the groups that come to us and planned
this I think are mostly political and I'll tell you why. Out here in
District #5 we have 24,547 Whites and we have 3,332 Hispanics. Those
people must think Mr. Phillips there must be doing a good job. They bought
a home out there in his district. But you're saying that we can't let the
people--we can't balance these districts where someone from Southwest
Lubbock can say I want to come out of District 1. That's a strictly
professionalized culture out there and they don't really want us out there
because we're not of that culture •
That's what we're saying and I can't buy that and what we're.really saying
· when we came in here while ago in the Pledge of Allegiance to the flag--one
nation, under God--1 lost my chain of thought--indivisible, with liberty
and justice for all. But what we going to have to do if we keep listening
to the Justice Department--we're going to have to say, with the exception
of a few culture--a few selected cultural groups who may preferential
privileges and change the Constitution to suite their cultural needs.
That's what we saying. So, are we going to change that Pledge of Allegiance
to the flag or are we going to sit up there as Councilmen?
I paid $8,000 worth of school and city taxes last year. No one's ever--
people don't realize--people aren't interested in your problems, but I had
rather see that whole $8,000 go for a suit against the Justice Department
to allow Lubbock, Texas to be indivisible and one group, and get to where
we don't have to live in a segregated district. I don't like to be
segregated in this and I hear the Hispanics--I'm going--1 said cultures--1
meant different cultures, and they'll say I don't want to lose my identity. Well, I don't want to lose my identity either. My folks came from Alsas
Lorraine years ago--a little country between Germany and France. They
spoke two or three different languages--! only speak the one. That's all I
need in this country is one language. But I have not lost my identity. My
name is Clyde Myres--I'm an individual and I don't think that by being a
main line American I've lost anything.
HAROLD CHATMAN: Mr. Mayor, Councilpersons, City Officials: My name is
Harold Chatman. I am the representative of District 2, but I am here as an
individual. At the last meeting of District 2 the residents of that area
asked this Councilperson to vote for number 3--0ption 3. Now, my--1
support Option 3 and I will tell you why I support Option 3.
One, I understand the Councilperson's position and why he or she'wants to
vote for this particular area or that particular area, but I and others
feels that what is best for our District went back to 1980 when the Census
were taken and the counts accepted was a -5.06 deviation. And we lived
with it and you made plan 2--plan 2 will only be at a +3.21 deviation, and
· it looks good to those really not involved. But let's look at plan by
plan.
Option 1 will have a total of 72% minority with a -3.40 deviation. Option
2 will have a total of 69% minority with a +3.21% deviation. Option 3 will
have a total of 74% minority with a negative deviation of 4.13. With our
present percentage of 82.32, as was taken, and with a -23.69 deviation, to
be changed from the 82.32% deviation of the minority, in Plan 1 we would
have a difference of a negative 10.44 deviation. We would reduce the
minority that much in that area under Plan 1.
In Plan 2, from the 82% to the 69%, we would reduce the minorities there
12.54%.
Under Plan 3, which we support, we would be reducing the minorities only
7.87%.
The North and South Freeway is blamed for the present loss, plus the
massive movement to the Southwest lubbock •. If this trend continues, I
would prefer Option 3 because the East-West Freeway is going to do the same
thing and we will be a desolate area then.
I would much rather start with the higher percent of minorities and drop
down to possibly a more--about 50%, than start with the lower percent and
drop below 50% because of the input of the East-West Freeway to come down.
We would like to ask your consideration of Option 3. I know most of the
Council has expressed to favor 2, but this is our reasons. We hope that
with your consideration that you will look at all the options we have here.
I'd be glad to answer any questions.
JOAN ERVIN: Thank you Mr. Mayor and Councilpersons. I'm Joan Ervin, a
taxpaying, viable, healthy citizen of Precinct 2, represented by Mayor Pro
Tem Patterson. Based on readings from news media I have noticed that our
elected officials are supporting Plan 2, maybe with some defections. Let me applaud your supporting 2.
I agree this is not a racial issue. Mr. Chatman said he was speaking for
constituents of 2--l'm speaking for Joan Ervin and there are other persons
in the confines of District 2 that are supporting Plan 2, so Mr. Patterson,
you're going to have fun and you need to know that both sides are looking at you and wanting your support.
We strongly support Plan #2 simply because, Mr. Mayor, we have long since
recognized the fact that we do not need racial battles within our City.
Seemingly we have eradicated those things. If you guys support ~lan 3, you
will create a problem with racial tension. We're talking about Precinct 5
being moved over into-District 2. We're talking about taking qualified
voters from Councilwoman Trejo and putting in Councilman--Mayor Pro Tem
Patterson's District. We are talking about putting two viable voting precincts and groups of people--1 could care less red, white, black, or
. blue--together. Where there's unity there's strength. Where there is
division we will all fail.
Councilman Patterson, I implore you, Sir, that you join other
Councilpersons in supporting Plan #2, since my understanding is we will be
in compliance with the Justice Department, and whether we like it or not,
that's what we're living by. I ask of you, Sir, to join other
Councilpersons and support Plan.#2, and for God's sake let us not begin fighting with anybody of any racial tension--but you can see what's going
to happen, and until you and Councilman Trejo can viably represent minority
candidates and support Plan 3, you will be asking for trouble. let me join
my friend and brother Harold Chatman by saying to you Councilmen--support
#3 and you '11 st 111 hear something from constituents of #2.
CECIL PURYEAR: I'm Cecil Puryear and right now I'm in Maggie's district
over there. We have Black, White, Indian--you just name it and we've got
them over there. I really can't understand--I'm--1 guess I'm of an old--
we've all been one people in Texas. I'm just wondering if we was to send a
letter back to Washington to the Justice Department that we want to be one
group here in Lubbock--we don't need segregation down here. You can get
all segregated and if you're an African American, you're still an African
American. If you're an Anglo, you're an Anglo. If you're Hispanic, you're
Hispanic. So why are we fighting these dern things. Why are we shipping
our kids back and forth over across town when, man, it's unreal the money
we are spending. .
The LISD is coming home to $130,000,000 trying to operate a school here
that's failing and jacking these numbers back and forth is what's causing a
lot of that. We can't give anybody a decent representation because we're
worried about where was this Spanish and this Black--Good God people, we're
Americans. More important, we're Texans and until we start acting like
Texans--it's just like I told them at the County Commission--they said well
the Justice Department said we had to do so and so at the jail or they
would put us in jail. Well, you built a good one so go on to jail.
As long as we're trying to satisfy every half-wit that happens to become a
Federal Judge, seems like--I think Judge Blalack is just about ready to be
a Federal Judge. I think we're working ourselves to death. We can't do
anything because we trying to have so much special interest that we can't
do anything. Ya'll can't get together--we can't get together--especially
you can't satisfy me. ·
Anyways, what I think I'm trying to say is we've got to the time--and ya'll
talking about one Chamber of Commerce--Yeah, that's right, we need one. We
also need one people. We need one people in lubbock and the ones that used
to care about each other or that had compassion about each other and the ones that didn't try to take over the lives of everybody •••••
All I'm trying to say is·that at some point in time we're going to have to
buck up against the system. If we keep jacking around like this we're never
going to get anywhere. This country is in one big shambles right now
because we're playing on each other. Well, I'm sure that things will
straighten out a little bit in maybe 5 or 10 years because I think I'll
die ••• but anyway I would just 1 ike for one thing to happen. For ya'll to
one time--or somebody in any government--the City or the State or the
County--to say to the Federal Government--Hey, we could break away into
individual states if we wanted to down here and be one of our own, but
certainly somewhere in time I hope that some group gets together--some
study group gets together and says well, all these things we're doing are
costing us too much money. We're going to have to quit doing these things
the way the Federal Government wants to and try to do it the way our
taxpayers wants us to. This all boils down to one thing--Do we have the money or do we not have the money and we don't have the money. And this is
what you'd all better start thinking about and start looking at. We do not
have the money. Thank you. ·
THE STATE OF TEXAS
COUNTY OF LUBBOCK
R•861
Before me Tonra Henry a Notary Public in and for Lubbock County, Texas on this day
personallyap~eared .T.J. Auflll• Account Hanacter oftheSouthwesternNewspa-
pers Co~porabon, publishers of t~e Lubbock Avalanche-Jou~nal -Morning, and Sunday, who being by me duly
sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pri-
or to the first insertion of this -+l-ee-ea!"l!IHic-fAl-tG~t~ll'C"e-------------------
-------------1'10. 8233U at Lubbock County, Texas and the attached print-
ed copy of the I eifel not 1 ce •s a true copy of the original and was printed in the Lubbock
Avalanche-Journal on the following dates:_,J,..uw.l vr~-2~8 ... ,~1~9~9J.1ll.----------------
1303 WD a53 = 690,59
Account Menee:cr
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspaper Corporation TONYA HENRY
Notaty Public
STATE OF TEXAS
Subscribed and sworn to before me thi~:~..s_.=2=-.:9:..._ __ __uday of._-=-~r.,.~~~~..,My•Co,...mm •. •Es,..p~.,..9;o')1.,.994w· ,_ __
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' ORDINANCE NO ....
'-----IAN ORDUIAfiiCE ADOPTING ,. CITY OF LUBBOCK W4tEJl CONSEilVATt.ON ANDDROUGtl'r'
CONTlNGENCY PLAN; AU•
THORIZING THE DIRECTOR OF
WATER UTJLITIES TO ADMIN IS.
TER tHE1PLAN; ~ROVIDING A PENALTY 'OF NOT LESS THAN 110;00 PER DAY NOR MORE THAN C200.00 PER DAY FOR EJICH, OAY OF _NON.COMPLI· ANCE WITH' THE PROVISIONS
THEREOF; DECLARING A PUB-
LIC NEED 'OF, AN EMERGENCY
NATURE •f'OR THE ADOPTION
HERE9F·0N ONE READING;
PROVIDING. FOR PUBLICATION
At.ID ORDAII!I'IN'G OTHI!:R f.Mt. ·
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CODIGO OE ORDENANZASOE:
LA C·tUDAD DE LUBBOCl(;·' TEJAS, CON RESPECTO A.'
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MAP IN FILE
SEE
ORDINANCE
# CJJ/58
Ill
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· r7~"4-~ '71'?-./~1? ... ...t 8/~ A~ .... ~
CITY COUNCIL MEETING, JULY 11, 1991
C.\~x..-. f\ e. l L-1'2.. E:=Q\ s lYZ t cr no~
SIGN-UP SHEET
PUBLIC HEARl NG
s. 30.
6. 31 .
7. 32.
8. 33.
9. 34.
10. 35.
11 • 36.
12. 37.
13. 38.
14. 39.
15. 40.
16. 41.
17. 42.
18. 43.
19. 44.
20. 45.
21 • 46.
22. 47,
23. 48.
24. 49.
25. so.