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HomeMy WebLinkAboutO-1998-2217 e e ORDINANCE NO. 98- 2217 OR I G H~ A L. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, PROHIBITING ANY EXPENDITURE FOR GOODS OR SERVICES BY THE CITY FROM ANY PERSON OWING ANY DELINQUENT INDEBTEDNESS TO THE CITY; PROHIBITING THE ISSUANCE OF ANY PERMIT, LICENSE, OR CERTIFICATE UNDER CHAPTER 82 OF THE CODE OF ORDINANCES, TO ANY PERSON OWING ANY DELINQUENT AD VALOREM TAXES TO THE CITY, ON THE REAL PROPERTY WHICH IS THE SUBJECT OF THE APPLICATION FOR A PERMIT, LICENSE, OR CERTIFICATE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. Article III, Finance, Division 2, Purchases and Contracts, of the Code of Ordinances of the City of La Porte, is hereby amended by adding section 2-83, which shall read as follows: "Section 2-83. Purchases by city from delinquent debtors. (a) The city council hereby determines and declares that it shall be the policy of the city not to make any expenditure of any kind for goods or services by the city, from any person, firm, or corporation, owing any delinquent indebtedness to the city. (b) No officer or employee of the city shall contract for the purchase of any goods or services by the city from any person, if such officer or employee knows or reasonably believes that such person owes any delinquent indebtedness to the city. (c) The purchasing division shall cause all bid proposal forms used by the city to include a written certification, by any person submitting a bid to the city for the furnishing of any manner of goods or services, to the city at the time of submitting such proposal, which indebtedness is delinquent, or, if such person is unable to make such certification, then, and in that event such person, at his option, in order to qualify as a bidder, shall include in such proposal a tender to assign to the city from the proceeds of any such contract, should he be the successful bidder, an amount at least as great as the total sum of such delinquent indebtedness, or the total proceeds of such contract, whichever is the lesser amount. (d) For the purposes of this section, the term "delinquent indebtedness" shall mean any indebtedness due and owing to the city, including, but not limited to, ad valorem taxes on real and personal property, which property is in fact owned by and is legally subject to taxation, by any person covered by the terms of this section, whether or not the same may have been property rendered to the tax assessor-collector by any person. Such term shall also include, but not be limited to, charges 98-2217 e e : : . i , .. \.j ., V , '.. . U ~ b \l r ~ 1'__ for penalties, interest and costs on any such ad valorem taxes; charges for water, sewer, garbage and other services rendered or goods furnished by the city to any person; and any other manner of indebtedness to the city, now existing or which may hereafter be created, by any person. No such indebtedness shall be considered "delinquent" under the terms of this section, until the time for its current payment under the various ordinances of the city, or the state statutes, shall have expired, without payment in full having been made. (e) For the purposes of this section, the term "goods or services," shall be construed to mean supplies, services, or equipment of every kind and nature which the city may from time to time contract to be furnished or to be performed." section 2. Article I, Buildings and Building Regulations, of the Code of Ordinances of the City of La Porte, is hereby amended by adding section 82-1, which shall read as follows: "section 82-1. No building permits delinquent taxes. (a) The city council hereby determines and declares that it shall be the policy of the city not to issue any permit, license, or certificate, of any kind under this Chapter 82, to any person, firm, or corporation, owing any delinquent ad valorem taxes to the city. on the real property which is the subject of the application for a permit, license, or certif icate. Ad valorem taxes shall be considered "delinquent" under the terms of this section, if not paid in full by February 1st of the year following the year in which said taxes were assessed. on property with (b) No officer or employee of the City shall issue a permit, license, or certificate, of any kind under this Chapter 82, without first determining that no delinquent ad valorem taxes are owed to the city on the real property which is the subject of the application for a permit, license, or certificate." section 3. If any provision, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the remaining portions of this Ordinance. It is the intent of the City in adopting this Ordinance that no portion or provision thereof shall become inoperative or fail by reason of any invalidity or unconstitutionality of any 2 98-2217 e e 7 d . t..)! ~ ~ /- , 'y, .\" --J\~3\lL fail by reason of any invalidity or unconstitutionality of any other portion or provision, and to this end all provisions of this Ordinance are declared to be severable. section 4. 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 was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government 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 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th day of February, 1998. By: CITY OF LA PORT~ ~~~ rman L. Malone -- Mayor ijEST: a ~f:~/j/;!I!I City Secretary A~v/h Knox W. Askins City Attorney 3