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HomeMy WebLinkAboutR-1994-12 e . RESOLUTION NO. 94- 12 A RESOLUTION 01' THE CITY COUNCIL 01' THB CITY OF LA PORTE, RATIpYING AND CONFIRMING ITS SUPPORT OF THE SETTLEMENT AGREEMENT BETWEEN THE CITY 01' LA PORTE; SOUTHERN IONICS, INC., AND HOUSTON CHEMICAL SERVICES, INC.; AND RATIFYING AND CONFIRMING LETTERS PROM THE CITY MANAGER 01' THE CITY 01' LA PORTE, TO GOVERNOR-ELECT GEORGE W. BUSH, AND OTHERS, CONCERNING THE SETTLEMENT AGREEMENT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOp. BE IT RESOLVED BY THE CITY COUNCIL 01' THE CITY 01' LA PORTE: Section 1 . The City Council of the City of La Porte has heretofore approved a settlement agreement concerning the litigation styled Cause No. H-89-3969, Southern Ionics, Inc. and Houston Chemical Services, Inc. vs The City of La Porte; U. S. District Court, Southern District of Texas. Thereafter, on November 21, 1994, Norman L. Malone, acting in his personal capacity, and not acting in his capacity as mayor of the City of La Porte, and without knowledge or approval of the City Council of the City of La Porte, forwarded a letter to Governor-Elect George W. Bush, objecting to the appointment of Buck Wynne as Chairman of the Texas Natural Resource Conservation commission (TNRCC). section 2. The City Council of the City of La Porte finds, determines, and declares that Mr. Malone's personal letter to Governor-Elect Bush contains his personal views on that potential appointment, and the other matters contained in such letter, and does not represent the views of the City council of the city of La Porte. In fact, the City Council, the City Manager, nor the city Attorney reviewed or were even aware of such letter before it was sent. section 3. The City Council of the City of La Porte expresses its continuing desire to resolve its long-standing federal court litigation with Houston Chemical Services, Inc. and Southern Ionics, Inc. Mr. Malone's letter should not be read as stating or . . RESOLUTION NO. 94- 12 PAGE NO.2 implying that the City Council of the City of La Porte does not fully support the goals of that Settlement Agreement. The City Council of the City of La Porte fully intends to honor the Settlement Agreement. To the extent that some may attempt to interpret Mr. Malone's personal letter as an authorized statement made on behalf of the City Council of the City of La Porte, they would be in error because it was not and is not a statement of the City of La Porte's position. similarly, to the extent that some may attempt to read Mr. Malone's personal letter as an indication that the City of La Porte does not support the desire of Houston Chemical services, Inc. to bring an amicable end to the State Permit litigation to which it remains a party, they would also be wrong, because the City of La Porte continues to support that objective. The City Council of the City of La Porte strongly reaffirms the City of La Porte's commitment to fulfill all of the terms and provisions of the Settlement Agreement. section 4. In furtherance of its goals and obj ecti ves as stated in this resolution, the City Council of the City of La Porte hereby ratifies, confirms, and approves the letters which have been forwarded by Robert T. Herrera, City Manager of the City of La Porte, to Governor-Elect George W. Bush; State Senator Jerry Patterson; State Representative Mike Jackson; State Representative Robert Talton; State Representative Joe Crabb; and Harris County Attorney Mike DriscOll, copies of which letters are attached to this resolution and made a part hereof for all purposes. . . RESOLUTION NO. 94- 12 PAGE NO.3 section 5. 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 City 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 resolution 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 6. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this 12th day of December, 1994. By: ATTEST: LJ ~ 't t Sue Lenes, C1 y Secre ary ~:a/2 ~ Knox W. Askins, City Attorney