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HomeMy WebLinkAboutO-2010-3303 Houston Chronicle as official newspaper/publication of legal notices . G -------- ~,--- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested December 13,2010 Appropriation Requested By Ron Bottoms City Manager Source of Funds: Department: Account Number: Report Resolution: Ordinance: x Amount Budgeted: Amount Requested: Letter from City Attorney Exhibits: Budgeted Item: YES NO Exhibits: Ordinance SUMMARY & RECOMMENDATION The Texas Local Government Code Section 52.004, requires the City to designate an official newspaper to publish its legal notices. With the Bayshore Sun having ceased its publication, the Houston Chronicle is the only remaining newspaper with substantial circulation in the City of La Porte. Action Required bv Council: ppro e ordinance designating the Houston Chronicle as the official newspaper of the City of La Porte for the publication of legal notices. II. /, I(t> Date askins & askins P.c. ATIORNEYS and COUNSELORS Knox W. Askins Clark T. AskIns November 16, 2010 via email Ms. Martha A. Gillett city Secretary City of La Porte city Hall La porte, Texas Dear Martha: I enclose proposed ordinance designating the Houston Chronicle as the newspaper for pUblication of the City of La Porte's legal advertisements, for the December 13, 2010, City Council meeting. The Houston Chronicle Neighborhood Zoned Section, which includes the city of La Porte, has a circulation of 9,765 in zip code 77571, of which approximately 1,900 is paid home delivery subscribers and single copy newsstand sales, with the balance comprising free circulation. with The Bayshore Sun ceasing publication, the Houston Chronicle is the only remaining newspaper which meets the requirements of Texas Government Code Section 2051.044, for the type of newspaper required for the City of La Porte's legal notices. Upon passage of this ordinance by City Council, our office will prepare a submission to the U.S. Justice Department, voting Rights Section, for preclearance of the change to the Houston Chronicle as the City of La Porte's designated newspaper for publication of City election legal notices. Yours very truly, ~ Knox w. Askins City Attorney City of La Porte KWA: sw Enclosure cc: Mr. Ron Bottoms Ms. Susan Cream Mr. Clark T. Askins 702 W. Fairmont Parkway, P.O. Box 1218, LaPorte, TX 77572-1218 281.471.1887 phone. 281.471.2047 fax. knoxaskins@comcast.net . ctaskins@swbe1l.net ORDr.NANCB NO. 2010-~O~ AN ORDINANCE APPOINTING THB HOUSTON CHRONICLB AS THB DBSIGNATBD nwSPAPBR OJ" THB CITY OJ" LA PORTB J!'OR PUBLICATION OJ!' LEGAL NOTICES, IIAltING VARIOUS J!'DmINGS AND PROVISIONS RBLATING TO THB SUBJ1I:CT, J!'Dmr.NG COMPLIANCE WITH THE OPEN KBBTINGS LAW, AND PROVIDING AN EJ"PBCTIVB DATB BBRBOP. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte appoints the Houston Chronicle as the designated newspaper of the City of La Porte for the publication of legal notices. This appointment shall remain in full force and effect until amended or cancelled by the City Council of the City of La Porte. Section 2. The City Council of the City of La Porte hereby finds that the Houston Chronicle meets the criteria of Texas Government Code Section 2051.044, for the type of newspaper required and that the Houston Chronicle is a newspaper which meets the following criteria, to-wit: (l) devotes not less than 25 percent of its total column lineage to general interest items; (2) is published at least once each week; (3) is entered as second-class postal matter in the county where published; and (4) has been published regularly and continuously for at least 12 months before the governmental entity or representative published notice. Section 3. 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 Codei 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 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of December, 2010. By: ~T' ~4~ Mar ha A. G~ett City Secretary APPROVED: J. ~.~~ Knox W. AskJ.ns City Attorney 2