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<br />Message <br /> <br />Page 1 of 1 <br /> <br />E~h',b',f A <br /> <br />Gillett, Martha <br /> <br />From: Fischer, Tanya [TanyaFischer@andrewskurth.com] <br />Sent: Wednesday, March 15,200612:59 PM <br />To: Dolby, Michael <br />Cc: Alexander, Cynthia; Gillett, Martha; Joerns, John; O'Hara, Ryan (RBC Dain); Witte, Rick <br />Subject: RE: City of La Porte 2006 Cas/Resolution re Notice of Intent <br /> <br />Mr. Dolby: <br /> <br />We understand City Council (the "Council") expressed concern that the agenda language for <br />the March 13, 2006 Council meeting reflected a Notice of Intent to issue certificates of <br />obligation (the "Certificates") in the amount of $5,800,000 and the resolution Council adopted <br />approving the Notice of Intent stated that the Certificates would be issued in an amount of <br />$6,100,000. This is to confirm that based on our review of the law and our discussion with the <br />office of the Texas Attorney General it is our view that the agenda language provided legally <br />sufficient notice under the Texas Open Meetings Act, Texas Government Code Chapter <br />511. Please contact us if you have additional questions on this matter. <br /> <br />Tanya Fischer <br />Andrews Kurth LLP <br />600 Travis, Suite 4200 <br />Houston, TX 77002 <br /> <br />713.220.3915 (phone) <br /> <br />Treasury Circular 230 Disclosure - To comply with requirements imposed by the Internal <br />Revenue Service, we inform you that any tax advice contained in this written communication <br />(including any attachment) is not intended or written to be used, and cannot be used, by any <br />person for the purpose of avoiding tax penalties that may be imposed on the person. If this written <br />communication contains any tax advice that is used or referred to in connection with the <br />promoting, marketing or recommending of any transaction( s) or matter( s), this written <br />communication should be construed as written to support the promoting, marketing or <br />recommending of the transaction(s) or matter(s) addressed by this written communication, and the <br />taxpayer should seek advice based on the taxpayer's particular circumstances from an independent <br />tax advisor. No limitation has been imposed by Andrews Kurth LLP on disclosure of the tax <br />treatment or tax structure of the transaction(s) or matter(s). <br /> <br />Treasury Circular 230 Disclosure - To comply with requirements imposed by the Internal Revenue <br />Service, we inform you that any tax advice contained in this written communication (including any <br />attachment) is not intended or written to be used, and cannot be used, by any person for the purpose of <br />avoiding tax penalties that may be imposed on the person. If this written communication contains any <br />tax advice that is used or referred to in connection with the promoting, marketing or recommending of <br />any transaction(s) or matter(s), this written communication should be construed as written to support the <br />promoting, marketing or recommending of the transaction(s) or matter(s) addressed by this written <br />communication, and the taxpayer should seek advice based on the taxpayer's particular circumstances <br />from an independent tax advisor. No limitation has been imposed by Andrews Kurth LLP on disclosure <br />of the tax treatment or tax structure of the transaction(s) or matter(s). <br /> <br />3/15/2006 <br />