HomeMy WebLinkAboutO-2021-3819 Approving an agreement to the budgetORDINANCE 2021-3819
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY
OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2020 THROUGH
SEPTEMBER 30, 2021; FINDING THAT ALL THINGS REQUISITE AND NECESSARY
HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that
an annual budget be prepared and presented to the City Council of the City of LaPorte, Texas, prior to the
beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said
Budget; and
WHEREAS, the Budget for the fiscal year October 1, 2020, through September 30, 2021, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 27, 2020, and a public hearing scheduled for September 28, 2020 was duly advertised
and held, and said Budget was finally approved by ordinance on September 28, 2020;
WHEREAS, Subsection (b) of Section 102.009 of the Texas Local Government Code provides that, after
final adoption of the budget, the governing body of the municipality may spend municipal funds only in
strict compliance with the budget, except in emergency, where in such cases the governing body of the
municipality may authorize an emergency expenditure as an amendment to the original budget only in the
case of grave public necessity to meet an unusual and unforeseen condition that could not have been
included in the original budget through the use of reasonably diligent thought and attention;
WHEREAS, Section 102.010 of the Texas Local Government Code provides that the governing body of
a municipality may make changes to its budget for municipal purposes;
WHEREAS, the adoption of this ordinance and the amendment of the Budget is necessary for and in the
best interest of the health, safety and general welfare of the inhabitants of the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
SECTION 1. A grave public necessity exists and to meet an unusual and unforeseen condition that could
not have been included in the original budget through the use of reasonably diligent thought and attention,
the Budget must be amended and revised with respect to those appropriations set forth in Exhibit C, attached
hereto by reference and made part hereof. In support thereof, the City Council finds that additional
expenditures are necessary for the following purposes: 1) $108,000.00 for the installation of restroom
facilities at Five Points Plaza. Such additional expenditures are more specifically described on Exhibit C.
SECTION 2. That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and a summary of which is
attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget
summary document, attached hereto by reference as Exhibit `B", as the Budget for the said City of La
Porte, Texas, for the period of October 1, 2020, through September 30, 2021.
SECTION 3. The several amounts stated in Exhibit C as the amended expenditures are hereby appropriated
to and for the objects and purposes therein named, and are found to be for municipal purposes.
SECTION 4. The amended and revised expenditures contained in the Budget, do not exceed the resources
of each fund, as so amended and revised.
SECTION 5. The City Council finds that all things requisite and necessary to the adoption of said Budget
and the amendments made hereto have been performed as required by charter or statute.
SECTION 6. Upon the passage and adoption of this ordinance, a copy of the ordinance shall be filed with
the City Secretary, who shall attach a copy of same to the original budget.
SECTION 7. 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 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 8. This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this, the 22"' day of February, 2021.
Lo gby, Ma r
APPROVED AS TO FORM:
Clark T. As cros, Assistant City Attorney
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