Lubbock City Council to discuss Holly Plaza & more - KCBD NewsChannel 11 Lubbock

12/16/09

Lubbock City Council to discuss Holly Plaza & more

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By Ben Lawson  - bio | email

LUBBOCK, TX (KCBD) - Lubbock City Council meets Wednesday morning.  On the agenda, a push for progress on the Buddy Holly and Maria Elena Holly Plaza.  Council came to a contract agreement with Holly's widow, Maria Elena, in January, but 11-months later there hasn't been a lot of progress at the site.

The plan is to move the Buddy Holly statue from the Civic Center to 19th Street and Crickets Avenue, just west of the Buddy Holly Center.  It would include a small park. Council Members Paul Bean and John Leonard say Lubbock's Park and Recreation Department has proven experience, and want the city to utilize those resources.  They're asking that council approve immediate action for design, and to make a goal that construction of the plaza start by the end of March.

Also on the agenda, spending $225,000 to buy an automated horn system in the Guadalupe Neighborhood. Council already approved the first reading of this ordinance. If approved, a three horn would be installed at 2nd Street and Avenue P.  That's due to the configuration of the intersection and the railway.

The goal is to lower the noise from trains in the neighborhood. Train horns typically reach across 36-acres. This new system only sounds across about one-acre.

Members will also discuss appointing a committee to review the Lubbock City Charter to propose possible updates.  Councilman Leonard recommended the resolution. He points out it's been 21-years since the charter has been substantially reviewed.

The resolution calls for Mayor Tom Martin to appoint five members to review the charter and make recommendations by the end of February for a possible charter election in May.  The committee review would include, but not be limited to, the following sections:

Article IX
Sec. 2. Term of office.

The Mayor shall serve for a term of two (2) years, and each Council member shall serve for a term of four (4) years, and until their successors are elected or qualified, unless sooner removed from office as herein provided. Initial terms for Council members from Districts 1, 3 and 5 shall be two (2) years, commencing in 1984, and four (4) years thereafter.

 (As amended Dec. 10, 1925; Nov. 7, 1961; May 7, 1988)

Article IX
Sec. 4. Qualifications of mayor, council members, officials and employees.

The Mayor and each Council member shall be a resident citizen of the City of Lubbock and have the qualifications of electors therein. The Mayor and all Council members shall be bona fide residents within the City and within the applicable District at the time of filing for office and must continue to reside within the City and the applicable District during the term of office. The Mayor, Councilmen, and other officers and employees shall not be indebted to the City; shall not hold any public office of emolument and shall not be interested in the profits or emoluments of any contract, job, work or service for the municipality or interested in the sale to the City of any supplies, equipment, material or articles purchased; nor shall any member of the City Council or the Electric Utility Board have a substantial interest in any public utility operating within the City of Lubbock, nor be in the employ of any person having a substantial interest in any public utility operating within the City of Lubbock. Substantial interest shall mean substantial interest as defined by the laws of the State of Texas regulating conflicts of interest of officers of municipalities. Any officer or employee of the City who shall cease to possess any of the qualifications herein required shall forfeit his office or position, and any contract in which any officer or employee shall or may become interested may be declared void by the Council. No officer or employee of the City shall accept any frank, free ticket, passes, or service, or anything of value, directly or indirectly from any person, firm or corporation, upon terms more favorable than are granted to the public, and any violations of this section shall be a misdemeanor, and on conviction thereof, such office or employment shall be forfeited. (As amended May 7, 1988)

Free admission of uniformed police and firemen. The Council may require, however, by ordinance, all streetcar companies operating within the City limits to provide free transportation to policemen and firemen in uniform, or wearing a badge, and may require all proprietors of theatres, moving picture shows and other places of public amusement to admit without charge all policemen, in the employ of the City.

Article IX
Sec. 10. Further duties of Council.

The City Council shall appoint the City Secretary, the City Treasurer, and the City Attorney, upon recommendation of the City Manager and may remove either of said officers upon the recommendation of the City Manager or at will.

 (As amended May 7, 1988)

Article IX
Sec. 24. Claims; payment; city manager approval; time warrants; limitation.

No warrant, voucher or check for the payment of any claim shall be issued by the City, unless such claim shall be evidenced by an itemized account, filed with the City Secretary, approved by the City Manager, and sworn to if required by such City Manager or the City Council. No time warrants shall be allowed or issued by the Council in excess of the amount now or which may hereafter be permitted by law governing and pertaining to issuance of time warrants by Municipal Corporations; and further provided, that all warrants shall be signed by the Mayor and countersigned by the City Secretary.

 (As amended April 1, 1930; Jan. 7, 1964)

Article X
Sec. 4. Powers and duties.

The City Manager shall be the chief administrative officer of the City Government. He shall be responsible to the governing body for the proper administration of all affairs of the City placed under his control by this Charter or by ordinance or resolution of the governing body and to that end he shall:

 (a)     Except for the City Secretary-Treasurer, City Attorney and Municipal Court of Record Judge, and Tax Assessor-Collector, appoint and remove any officer or employee of the City except as otherwise provided by this Charter;

(b)     Prepare a budget annually, submit it to the governing body for approval, and be responsible for its administration following adoption;

(c)     Keep the governing body advised of the financial condition, administrative activities and future needs of the City, and make such recommendations as may seem desirable;

(d)     Attend all meetings of the governing body with the right to take part in the discussion but having no vote;

(e)     See that all laws and ordinances are enforced;

(f)     Perform such other duties as may be prescribed by this Charter or required of him by the governing body, not inconsistent with the provisions of this Charter.

(Amended May 7, 1988)

Article X
Sec. 6. Governing body's relations with city manager.

The governing body and each of its members shall hold the City Manager responsible for the proper administration of all affairs of the City, but neither the governing body nor any board or commission created by it, nor any members thereof, shall dictate the appointment of any person to or his removal from office or employment within the City, or in any manner interfere in the appointment of officers and employees in the departments of the administrative service vested in the City Manager by this Charter. Except for the purpose of inquiry, the governing body and its members shall deal with the administrative service solely through the City Manager, and neither the governing body nor any member thereof shall give orders to any subordinate of the City Manager either publicly or privately.

Article XII 
Sec. 1. [Electric utility board.]

The City of Lubbock's electric utility shall be governed, managed and operated by a board composed of nine members appointed by the City Council who shall be citizens and eligible voters of the City of Lubbock. Said board members shall serve terms of two (2) years, except that five members shall have initial terms of one (1) year as determined by the drawing of lots. The Board shall appoint a director of electric utilities and a general counsel for electric utilities, who shall serve at the pleasure of the Board. The director shall appoint all employees of the electric utilities except those employees serving exclusively under the general counsel's direction and authority. The Board shall determine the transfer and disbursement of all net revenues of the City's electric utility. The City Council shall retain the right to establish rates, exercise the power of eminent domain on behalf of the electric utility, issue obligations in the name of the electric utility, and approve the budget of the electric utility. Other duties and responsibilities of the board shall be as specified by the City Council in an appropriate ordinance adopted for such purpose to be effective no later than January 1, 2005.

 (As amended Nov. 2, 2004)

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