12-10-18 Regular Meeting of the La Porte City Council

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ORDINANCE AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2019; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2018, through September 30, 2019, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 23, 2018, and a public hearing scheduled for September 10, 2018 was duly advertised and held, and said Budget was finally approved by ordinance on September 10, 2018; WHEREAS, Subsection (b) of Section 102.009 of the Texas Local Government Code provides that, after final adoption of the budget, the governing body of the municipality may spend municipal funds only in strict compliance with the budget, except in emergency, where in such cases the governing body of the municipality may authorize an emergency expenditure as an amendment to the original budget only in the case of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention; WHEREAS, Section 102.010 of the Texas Local Government Code provides that the governing body of a municipality may make changes to its budget for municipal purposes; WHEREAS, the adoption of this ordinance and the amendment of the Budget is necessary for and in the best interest of the health, safety and general welfare of the inhabitants of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. A grave public necessity exists and to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention, the Budget must be amended and revised with respect to those appropriations set forth in Exhibit B, attached hereto by reference and made part hereof. In support thereof, the City Council finds that additional expenditures are necessary for 1) $3,488,681.00 for the Tax Increment and Reinvestment Zone budget, which information was not made available to the City of La Porte by the TIRZ Board at the time of adoption of the original budget; 2) $22,935.00 for the purchase of one breathing air compressor for the La Porte Fire Department, which expenditure was added to the La Porte Fire Control, Prevention, and Emergency Services District budget by the La Porte Fire Control, Prevention, and Emergency Services District Board of Directors on November 27, 2018, due to the unexpected loss of the existing breathing air compressor; and 3) $5,983.00 for Texas Department of Transportation STEP - Impaired Driving Mobilization Program grant, for use by the La Porte Police Department, notification of which was not received before adoption of the budget . Such additional expenditures are more specifically described on Exhibit C. SECTION 2: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La Porte, Texas, for the period of October