1990-01-22 Regular Meeting - Laserfiche WebLink

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r: Minutes, Regular Meeting, La Porte City Council January 22, 1990, Page 2 Ms. Lou Large addressed Council regarding the smoking ordinance. She is in favor of a smoking ordinance because of the detrimental effects smoking has on both smokers and non- smokers. 6. Council considered an ordinance relating to taxation of telecommunications services and repealing the application of the exemption provided for in Chapter 321, 321.210, VATC. The City Attorney read: ORDINANCE 1674 - AN ORDINANCE RELATING TO TAXATION OF THE EXEMPTION PROVIDED FOR IN CHAPTER 321, 321.210, VATC; PROVIDING FOR NOTIFICATION TO THE COMPTROLLER OF THE STATE OF TEXAS; PROVIDING THAT NO SUCH TAX PROVIDED FOR HEREUNDER SHALL SERVE AS AN OFFSET TO OR TO REDUCE ANY AMOUNT PAYABLE BY ANY PROVIDER OF TELECOMMUNICATIONS SERVICE PURSUANT TO ANY FRANCHISE, STREET USE ORDINANCE, CHARTER PROVISION, STATUTE OR ANY OTHER IMPOSITION OF THE CITY OF LA PORTE, MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Cooper to deny Ordinance 1654 as read by the City Attorney Second by Councilpersons Waters and Skelton. Councilperson Skelton wished it to be public record that he was not in favor of this ordinance, but felt it should be brought to Council's attention so that it could be voted upon rather than let the State make the decision for us. The motion to deny the ordinance carried, 7 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, McLaughlin, Porter, Skelton, Clarke and Mayor Malone Nays: None 7. Council considered an ordinance prohibiting smoking in public places except in designated smoking areas. The City Attorney read: ORDINANCE 1674 - AN ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES EXCEPT IN DESIGNATED SMOKING AREAS; MAKING FINDINGS OF FACT; DECLARING SMOKING TO BE A PUBLIC NUISANCE; DECLARING THAT A PERSON COMMITS AN OFFENSE OF THE PERSON SMOKES AT A PUBLIC MEETING OR ANY PUBLIC PLACE AND THE PERSON IS NOT IN A DESIGNATED SMOKING AREA, AND PROVIDING THAT SUCH OFFENSE IS A MISDEMEANOR, AND ANY PERSON CONVICTED OF UNLAWFULLY SMOKING SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND SHALL, UPON CONVICTION, BE PUNISHED BY A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING ANY OTHER PROVISION OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON