HomeMy WebLinkAboutResolution - 2839 - Canvass Votes - Special City Election - Charter Amendments, 5/7/1988 - 05/12/1988Resolution #2839
May 12, 1988
Item 24
DGV:js
RESOLUTION
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE
SPECIAL CITY ELECTION FOR CHARTER AMENDMENTS HELD ON THE 7TH DAY OF MAY,
1988.
BE IT REMEMBERED THAT on the 12th day of May, 1988, the City Coun-
cil of the City of Lubbock met at 9:00 o'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. "PECK" McMINN
MAGGIE TREJO
T. J. PATTERSON
GEORGE CARPENTER
BOB NASH
GARY PHILLIPS
JOAN BAKER
On motion of Councilwoman Trejo , seconded by Councilman Nash ,
it is unanimously carried that the returns of the Special City Election held
May 7, 1988, for the purposes of submitting proposed amendments to the Char-
ter of the City of Lubbock to the voters for approval or rejection be opened
and canvassed, and the results of the election declared therefrom; and said
returns having been duly canvassed, it is found that the vote upon the vari-
ous propositions was as follows:
PROPOSITION
No. 1. SHALL the Charter of the City of
Lubbock as to the City Council be
amended as appropriate to comply with
judicial decision under the Voting
Rights Act, by expanding the City
Council to seven (7) members; Mayor
to be elected at large and each of
six (6) Council members elected from
single member districts; providing a
two (2) year term for Mayor and stag-
gered four (4) year terms for Council
members; providing for the election of
a Mayor pro tempore by the City Council;
defining a quorum as four (4) members
and requiring an affirmative vote of
VOTE
four (4) members to adopt or repeal
ordinances or resolutions, and pro-
viding procedures for Council voting
and vote recordation?
FOR: 19,699
AGAINST:
No. 2. SHALL the Charter of the City of
Lubbock as to election procedures be
modified as allowed or required by
the Texas Election Code, setting the
dates for the regular municipal elec-
tion canvass of votes and run-off
election; requiring from all munici-
pal candidates a $100.00 filing fee
or a petition in lieu thereof; provid-
ing the contents of such petition;
providing procedures for recall of
officials by districts; requiring con-
formity to State law of petitions for
initiative, referendum and recall;
providing time for canvass of votes
and to declare results; and elimi-
nating use of initiative and refer-
endum where an election is otherwise
provided by law?
FOR: 20 795
AGAINST: 5,617
No. 3. SHALL the Charter of the City of
Lubbock be amended to limit interest
rates on bonds, paving assessments
and public works improvement assess-
ments to such interest rates as are
permitted by the laws of the State
of Texas?
FOR: 20,916
AGAINST: 5j788
- 2 -
No. 4. SHALL the Charter of the City of
Lubbock be amended to increase the
compensation of the Mayor from $75.00
per month to $400.00 per month and of
Council members from $25.00 per month
to $200.00 per month?
FOR: 13,342
AGAINST: 15,465
No. 5. SHALL the Charter of the City of
Lubbock be amended to require compe-
titive bidding procedures for expen-
ditures exceeding the amount estab-
lished by State law?
FOR: 21,169
AGAINST: 5,826
No. 6. SHALL the Charter of the City of
Lubbock be modified as to conform
with judicial decisions so that
notice of claims against the City
must be filed within six (6) months
rather than thirty (30) days of the
time such cause of action arose?
FOR: 18,941
AGAINST• 8,468
No. 7. SHALL the Charter of the City of
Lubbock be amended to provide that
the City Council may appoint members
of City Boards and Commissions for
terms of office up to four (4) years?
FOR: 13,459
AGAINST: 14,440
- 3 -
No. 8. SHALL the Charter of the City of
Lubbock be modified as to taxation
procedures as necessitated by State
law, to require taxation and finance
procedures to comply with the Texas
Property Tax Code and other applicable
laws eliminating or changing reference
to Assessor -Collector of taxes, and
transferring any remaining duties of
the discontinued office to the City
Manager or his designee?
FOR: 17,471
AGAINST: 9,169
No. 9. SHALL the Charter of the City of
Lubbock be amended to require the
Lubbock Municipal Court of Record to
operate in conformance with the State
Government Code and all other appli-
cable ordinances, resolutions and
rules; changing all references to
"corporation court" to "municipal
court of record;" and increasing the
current fines on penal ordinances so
as not to exceed the maximum fine
permitted by State law?
FOR: 21,006
AGAINST: �—
No. 10. SHALL the Charter of the City of
Lubbock be amended to correct or
eliminate minor inoperative provi-
sions such as, allowing plats to
be filed with the City rather than
the Mayor; deleting reference to
City Marshal; deleting provisions
regulating hours of labor now reg-
ulated by State and Federal law,
and correcting clerical errors?
FOR: 20,865 _
AGAINST: 5,850
- 4 -
No. 11. SHALL the Charter of the City of
Lubbock be amended to provide for
the disqualification of members of
the City Council and the Electric
Utility Board owning a substantial
interest as defined by State law in
a public utility or public service
corporation within the City of
Lubbock?
FOR: 22,179
AGAINST: 5,627
TOTAL VOTES CAST: 31,319
And it further appearing that said election was duly held as provided
by law; NOW THEREFORE:
IT IS HEREBY FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY
OF LUBBOCK:
THAT a majority of the qualified voters of the City of Lubbock voting
ifi said election are in favor of Proposition Numbers 1,2,3,5,6,8,9,10 and
and therefore it is declared that Proposition Numbers 1,2,3,5,6,8,9,10 &
11
are approved by the qualified voters; and
THAT a majority of the qualified voters of the City of Lubbock voting
in said election are opposed to Proposition Numbers 4 &.7
and therefore it is declared that Proposition Numbers 4 & 7
are not approved by the qualified voters.
PASSED, APPROVED AND ADOPTED ON MOTION OF Councilwoman Tre.io seconded by
Councilman Nash , THIS 12th DAY OF MAY, 1988.
COUNCIL MEMBERS VOTING AYE: Joan Baker, George Carpenter,
Bobas , 1. J. Paterson,
Gary Phillips, Maggie Trejo
and B. C. McMinn
- 5 -
COUNCIL MEMBERS VOTING NAY:
B. C. McMINN, MAYOR
ATTEST:
Ranet Boyd, City Secretary
APPKUVEU A5 IU WKM:
Donald G. Vandiver, First Assistant
City Attorney
City of Lubbock
P.O. Box 2000
Lubbock. Texas 79457
666-762-6411
Hon. Jack M. Raines
Secretary of State
P. O. Box 12887
Austin, Texas 78711
June 24, 1988
RE: Charter Amendment --City of Lubbock, Texas
Dear Sir:
Office of
The City Attorney
Pursuant to the provisions of Section 9.007 of the Texas Local
Government Code, the City of Lubbock hereby tenders for your -
records a certification by the Mayor of the City of Lubbock of an
authenticated copy of charter amendments under the City's seal
showing approval of such amendments by the voters of the City of
Lubbock in a special charter amendment election conducted May 7,
1988.
This certification has been prepared and forwarded to you as
soon as practicable after such amendments were adopted by the City
Council on May 26, 1988.
Please do not hesitate to call me if you have any questions
about this submission.
Sincerely,
� Z�
-
Donald G. Vandiver
First Assistant City Attorney
DGV:js
FULBRIGHT & JAWORSKI
May 13, 1988
Mr. Don Vandiver
Assistant City Attorney
P. O. Box 2000
Lubbock, Texas 79457
RE: Charter Amendment Election
Dear Ranette:
2200 Ross Avenue
Suite 2800
Dallas, Texas 75201
Telephone: 2MI855-8000
Cs, Atti)rney
F.
Houston
Washington, D.C.
Austin
San Antonio
Dallas
London
Zurich
Enclosed are three copies of a Certificate relating to
the recently adopted charter amendments. We would request that
all Certificates be completed and executed with a copy of the
referenced documents attached thereto and returned to us.
Should you have any question, please advise.
Very truly yours,
GL'�-
Elbert M. Morrow
EMM/ler
Enclosures
cc: John Ross
J. Robert Massengale
3 3 1 9 D- 1