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~~ ~~ <br /> <br />RESOLUTION NO. 81- /,2, <br />A RESOLUTION FINDING THAT THE CITY OF LA PORTE PUBLIC WORKS <br />BUILDING IS NOT A BUILDING "USED BY THE PUBLIC" AND THERE- <br />FORE, IS NOT SUBJECT TO THE PROVISIONS OF ARTICLE 601 b, <br />V.A.T.S.; AND IN THE ALTERNATIVE, .FINDING THAT COr1PLIANCE <br />WITH CERTAIN STAND~,RDS OR SPECIFICATIONS UNDER SAID ARTICLE <br />IS IMPRACTICAL. <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: <br />Section 1. The City Council of the City of La Porte is <br />in receipt of an opinion letter from its City Attorney con- <br />cerning the question of whether the City of La Porte Public <br />Works Building, now under construction, must comply with <br />Article 601 b, V.A.T.S. Such opinion letter is attached <br />hereto as Exhibit "A", incorporated by reference herein, and <br />made a part hereof for all purposes. In accordance with such <br />legal opinion, and based upon its independent examination of <br />all the facts and circumstances, the City Council of the City <br />of La Porte hereby finds, determines, and declares the fol- <br />lowing facts: <br />(a) That the City of La Porte Public Works Building <br />now under construction, is not a building or <br />facility "used by the public" as the term is <br />used in Article 601 b, Section 7.02, sub-para-- <br />graph (a), defining the application of said <br />statute. This determination of fact is based <br />upon the evidence that such building is de- <br />signed for, and will be utilized by the employees <br />and their supervisors, in the City of La Porte <br />Public Works Division, and for storage of their <br />equipment, and will not be a building to which <br />the public has access or need of access. <br />(b) In the alternative, should. it be determined that <br />such building is a building or facility "used <br />by the public,"~; the City Council of the City of " <br />La Porte nevertheless finds, determines and de- <br />clares that the second level conference room and <br />,teaching center in said building is for the use <br />of employees and their supervisors in the Public <br />Works Division, whose field duties are such that <br />they could not reasonably be carried out by han- <br />dicapped or disabled persons, and who, therefore, <br />would not be employed in such positions. The <br />City Council of the City of La Porte therefore <br />finds, determines and declares, after taking all <br />• evidence and circumstances into consideration, <br />that full compliance with any particular standard <br />N1 <br />