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HomeMy WebLinkAboutR-1981-12 -- - e e . . RESOLUTION NO. 81- /2. A RESOLUTION FINDING THAT THE CITY OF LA PORTE PUBLIC WORKS BUILDING IS NOT A BUILDING "USED BY THE PUBLIC" AND THERE- FORE, IS NOT SUBJECT TO THE PROVISIONS OF ARTICLE 601 b, V.A.T.S.; AND IN THE ALTERNATIVE, FINDING THAT COMPLIANCE WITH CERTAIN STANDARDS OR SPECIFICATIONS UNDER SAID ARTICLE IS IMPRACTICAL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte is in receipt of an opinion letter from its City Attorney con- cerning the question of whether the City of La Porte Public Works Building, now under construction, must comply with Article 601 b, V.A.T.S. Such opinion letter is attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. In accordance with such legal opinion, and based upon its independent examination of all the facts and circumstances, the City Council of the City of La Porte hereby finds, determines, and declares the fol- lowing facts: (a) That the City of La Porte Public Works Building now under construction, is not a building or facility "used by the public" as the term is used in Article 601 b, Section 7.02, sub-para-. graph (a), defining the application of said statute. This determination of fact is based upon the evidence that such building is de- signed for, and will be utilized by the employees and their supervisors, in the City of La Porte Public Works Division, and for storage of their equipment, and will not be a building to which the public has access or need of access. (b) In the alternative, should it be determined that such building is a building or facility "used by the public,", the City Council of the City of La Porte nevertheless finds, determines and de- clares that the second level conference room and teaching center in said building is for the use of employees and their supervisors in the Public Works Division, whose field duties are such that they could not reasonably be carried out by han- dicapped or disabled persons, and who, therefore, would not be employed in such positions. The City Council of the City of La Porte therefore finds, determines and declares, after taking all evidence and circumstances into consideration, that full compliance with any particular standard e e . Resolution No. 81- /~ , Page 2. or specification, which would require the construction of an elevator to the second level of such building, at an estimated cost of some $100,000 is impractical. Section 2. This resolution shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED, this the~~ day of May, 1981. e, CITY OF LA PORTE ~:t ~ J. J. MEZA, Mayor , --- ATTEST: ~QZ~~&.d C ty Secre ary APPROVED: · j~$! U2L Cl.ty Attorney .