O-2008-3120 ordinance to repeal Emergency Declaration

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ORDINANCE NO. j /.;LO AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS TERMINATING THE DECLARATION OF STATE OF DISASTER ISSUED BY THE MAYOR OF LA PORTE, TEXAS ON SEPTEMBER 11, 2008 IN RESPONSE TO HURRICANE IKE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE WHEREAS, on September 11, 2008, the Mayor of La Porte, Texas issued a proclamation declaring a state of disaster for the City of La Porte, resulting from the impact of Hurricane Ike on La Porte, Texas and neighboring communities; WHEREAS, ~418.108(b) of the Texas Government Code provides that a local state of disaster may not be continued for a period of excess of seven days without the consent of the governing body of the political subdivision, and pursuant to such statute the City Council of the City of La Porte on September 18, 2008 passed Ordinance 3112 indefinitely extending the proclamation declaring a state of disaster issued by the Mayor of La Porte on September 11, 2008; WHERAS, the La Porte City Council has determined that the conditions originally necessitating a declaration of a state of disaster no longer continue to exist, and that said declaration should be terminated; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. The City Council of La Porte hereby finds and declares: 1. That the conditions originally necessitating the issuance of a declaration of disaster, as a result of Hurricane Ike, no longer continue to exist. 2. That the state of disaster proclaimed for the by the Mayor of La Porte, Texas on September 11, 2008 and extended by order of City Council, should and shall be terminated, effective immediately upon passage and approval of this ordinance. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective upon its passage and approval. PASSED AND APPROVED this the;) rrJI- day of Jt.bJo 8~ ,2008.