1996-08-26 Public Hearing and Regular Meeting

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• Minutes Public Hearing and Regular Meeting La Porte City Council August 26, 1996, Page 3 CLOSE PUBLIC HEARING Director of Planning Guy Rankin, Assistant City Manager John Joerns, Police Chief Bobby Powell, and City Attorney Knox Askins answered questions from Council. Councilperson Cooper voiced some concerns regarding the wording of the ordinance. Mayor Malone asked City Attorney Knox Askins about the wording. Mr. Askins explained, "This is written so if there was a legal challenge to the ordinance, this along with the report and the entire proceedings, could be introduced into evidence. This ordinance is premised on two areas. One is the power the City has under the law to have Zoning Ordinances. The second is called the General Police Power which is your public welfare clause. The reason you have to have language of this type is to give the City Council the opportunity to tell a Court someday this is why we did this. This is why we think it is necessary in this community. These are the ills we think we would have if we did not have this ordinance. Mayor Malone closed the public hearing at 6:23 P.M. 7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS DEDICATING EASEMENTS TO THE "PUBLIC" FOR DRAINAGE AND FLOOD CONTROL PURPOSES (Ord. 96-2132) Assistant City Manager John Joerns reviewed the summary and recommendation regarding the request. City Attorney read: ORDINANCE 96-2132 - AN ORDINANCE AUTHORIZING THE CITY OF LA PORTE TO DEDICATE CERTAIN DRAINAGE EASEMENTS TO THE PUBLIC, FOR THE PURPOSE OF FACILITATING DRAINAGE IMPROVEMENTS TO THE F-101 WATERSHED; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Sutherland to approve Ordinance 96-2132 as read by the City Attorney. Second by Councilperson Gay. The motion carried, 9 ayes, and 0 nays. Ayes: Councilpersons Sutherland, Cooper, Thrower, McLaughlin, Porter, Gay, Maxwell, Clarke, and Mayor Malone Nays: None 8. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE STATE OF TEXAS, TEXAS SAFETY PROGRAM GRANT, THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING TO THE CITY OF LA PORTE, FOR THE PROJECT TITLED "SAFE AND SOBER WAVE" (Res. 96-0~ - B. Powell