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HomeMy WebLinkAbout01-24-11 Regular Meeting and Workshop Meeting of La Porte City Council minutes E REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Januarv 24. 2011 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Planninl! Report: _Resolution: _Ordinance: l Amount Budgeted: N/A Amount Requested: Exhibits: 1. Ordinance 2. Deed 3. Area Map Budgeted Item: _YES -X....NO SUMMARY & RECOMMENDATION The City has received an application from Tim and Marsha De Walt to vacate, abandon and close the entire alley in Block 195, Town of La Porte containing a total of 7,600 square feet. The applicants desire to close the subject alley to unify their property in the block. City Staff and each of the City's franchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast) have reviewed the applicant's closing request and each has expressed no objection to the closing. In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent appraisal of the alley to determine its fair market value. The appraisal has established the fair market value of the alley at $1.80 per square foot. The City has received payment from the applicants in the amount of$IO,260 (75% of Fair Market Value per the ordinance). Recommendation: Staff recommends vacating, abandoning, and closing the alley in Block 195, Town of La Porte as requested. Action ReQuired of Council: Approve an ordinance vacating, abandoning, and closing the alley in Block 195, Town of La Porte, a uthorize the execution and delivery of a deed to the adjacent landowner. J t91t / Date ORDINANCE NO. 2011- 33J4 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 195, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described alley in Block 195, Town of La Porte, Harris County, Texas; to vacate, abandon, and permanently close the hereinafter described alley in Block 195, Town of La Porte, Harris County, Texas; and, WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described alley in Block 195, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described alley in Block 195, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described alley in Block 195, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described alley in Block 195, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: 2 The entire alley in Block containing a total of 7,600 illustrated on Exhibit "A" herein. 195, Town of La Porte, square feet and generally incorpora ted by reference Section 2. 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 Ci ty 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 subj ect 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 3 . This ordinance shall be effective from and after its passage and approval, and it is so ordered. 3 PASSED AND APPROVED THIS .,L~ DAY OF JOlllJ 01:J 2011. CITY OF LA PORTE By: igby, Mayor "- ATTEST: r Y11 f1ljYt ~ Sha~on Harris, Asst. City Secretary APPROVED: tI~ T -t~vv1. /;;)1' Knox W. Askins,- City Attoiney f),/S:; DEED WITHOUT WARRANTY 2011007'0433 ~~~;)/ 02/18/2011 RP2 $24.00 y. / NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU j:f' MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS ..'! INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: ~ YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: January 24, 2011 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Tim DeWalt and Marsha J. DeWalt husband and wife J-&U Mailing Address: 400 East Main Street, La Porte, TX 77571 OJ !jI~ ~ Consideration: Ten and NO/100 Dollars ($10.00) cash and other good ~ and valuable considerations I fj'l ~~ I .,~ .~ o Property (including any improvements) : ~ The entire alley in Block 195, Town of La Porte, Harris County, Texas, as generally illustrated on Exhibit "A" attached herein and made part hereof, containing a total of seventy-six hundred (7,500) square feet, \olhich Street Right-of-Way was vacated, abandon~d, and closed by City of La Porte Ordinance No. 2011-~~, passed and approved by the City Council of the City of La Porte on January 24, 2011. o l~,~ Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in 023 of the Texas Property Code (or its successor) are excl ed. ~ ~ COUNTY OF HARRIS ~ ,-' This instrument was acknowledged before me on the~day of ~anU~.f (lJ , 2011, by Ron Bottoms, City Manager of the City of La ~nicipal corporation. ~)t111,'Jf~) ota: y PUb'1.ic, State of Texas By: Attest: r ~ D-l on \)it{ J J> 14/ ron Harrl.s Assistant City Secretary (,;, ~~ (~Il ~14 I cr~ ,~ I I ~[ 1\1 o AP~ #-;:~ Clark . Askins Assistant City Attorney f; " :::I: tL,1 \ 'l> '.1 j .'0 f1--" ~';'n ...1 .:.,;,:;::. ~~~/ ~~~ ~~ :;: ~ V)...,'j , 1'. STATE OF TEXAS ~~ ~~ ..... .- - -- - l@ SHARON HARRIS My Commission Expires September 12. 2013 ~ .- - J LTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 !v vA.-/' r--.) c::> "T1 ,..." co .,.., r rrl o CX) -0 :x ~ N ~ ~~ ~~} N tj'\ ~\ \ \~ '\Il~ \ \"C t'w e:;l ~<t\ ~~ 1~\ ,~~ U' ""0 ~ -<1 (. , ,-<1? hD~~ EXIllBlT "A" ,.- .\ '\\\i~ \, -"/" 4 " \i1:~. ", \ \v.' ~- :,J::" , ' s AL.L.EY CL.OSING B~OCK 195. TOWN OF ~A PORTE (71600 SQUARE FEET) t;'" '" ~~~ ~- e;,'" ""~ '~\ U' "'-^ -<1-S- -<1? ~ @(Q). l@& t\ilJ 'b.(.:"":"J ~~'1 N (j1 ll'"! \ (1; '1 ,I:, ~l~li l"~ f~) ~\ t1i ~t II<< flRMIJIlElUI m IBlII:1S llE WE IBDl. tJll.U rillE WCIIfD fEN. I'Rf9llYIlErME rI<nalalf'o.laSItfU)>>I)lEfaWIlElJQIIFBlJW.UK THE STATE OF TEXAS COUNlY OF HARRIS IIwlbJ cdr iii tit ilnR. fUD it fit.... SeiJIIa '" II dill 11II i II III _ "'rill; 11II* ~ 1fWI8), i1l1l*:i11 flItj: AIaIldIrA fill f'Ia!iedy fA HIli CaRl. .. e FEB 18 2011 S 1-- :;; I-~.d- COUNTY CLERK HARRIS COUNV. TEXAS H 'REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested January 24. 2011 Appropriation Requested By: Sharon Harris/Clark Askins Source of Funds: Date: Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Attached for your consideration is the ordinance calling for the Regular Annual election of the City of La Porte to be held on May 14, 2011, and calling for a Run -Off Election if necessary. I /t<s /tl Date askins & askins P.C. ATIORNEYS and COUNSELORS Knox W. Askins Clark T. Askins October 21, 2010 Ms. Martha A. Gillett city Secretary city of La Porte city Hall La Porte, Texas Re: Agenda Request for January 24, 2011, Meeting. Dear Martha: I enclose herewith form of ordinance calling the regular annual election of the City of La Porte. The schedule for the annual election, the dates of which are established by the Texas Election Code, are as follows: Filing begins: Filing deadline: Monday, February 14, 2011 5:00 p.m., Monday, March 14, 2011 Early voting begins: Monday, May 2, 2011 Early voting Saturday: Saturday, May 7, 2011 Early voting two 12-hour weekdays: Wednesday, May 4, 2011 Tuesday, May 10, 2011 Early voting ends: Tuesday, May 10, 2011 Election date: Saturday, May 14, 2011 Canvass election: Regular meeting of City Council on Monday, May 23, 2011 Runoff election, if necessary: Saturday, June 18, 2011 Yours very truly, ~r:~ Clark T. Askins Assistant City Attorney City of La Porte CTA: sw Enclosure 702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218 281.471.1887 phone . 281.471.2047 fax. knoxaskins@comcast.net . ctaskins@swbell.net ORD:INANCB NO. 2011- 33/5 AN ORD:INANCE CALLING 'I'D RBGULAR AHHUAL BLECT:ION OF '1'HB C:ITY OF LA PORTB, CALLING A RUN-OFF BLBCTION, IF NECBSSARY, DESIGNATING BLBCTION PRBCDCTS AND POLLING PLACBS, PROVIDING FOR THB USB OF VOTING MACHINBS, APPOIN'l'ING ELBCTION OFFICIALS, PROVIDING FOR KBTHOD AND DATBS OF EARLY VOTING, PROV:IDING POR AN EARLY VOTING BALLOT BOARD, PR.OV:IDING FOR RETURN AND CANVASS OF VOTBS OF SAID ELBCTION, PR.OVIDING FOR NOTICB, PROVID:ING POR F:ILING DEADLINE AND FILING FBBS FOR CANDIDATBS, PROV:IDING A SAVINGS CLAUSB, FINDDtG COMPLIANCE WI'!'H '!'HB OPBN MEBTINGS LAW, AND PROV:ID:ING AN BFFBCTIVE DATB HERBOP. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Sect ion 1. An election shall be held within the corporate limits of the city of La Porte, Texas, on the 14th day of May, 2011, such day being the second Saturday in May, 2011, between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the purpose of electing the following City officials: Councilperson-at-Large - position B, for a 3 year term councilperson--District 1, for a 3 year term councilperson--District 6, for a 3 year term A run-off election, if necessary, shall be held on Saturday, June 18, 2011, between the same hours. Sect ion 2. Said election shall be held at each of the following voting places within said City, and the following named persons are hereby appointed as officers of said election, to-wit: B1ection Precinct #1 Polling Place: Baker School (Entry Area) 6000 West Main street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries I BEGINNING at the intersection of the Union Pacific Railroad and "Old" Underwood Road; THENCE south along Underwood Road to the north boundary line of the Creekmont subdivision; THENCE east along the north boundary line of the Creekmont subdivision to Big Island Slough; THENCE south along Big Island Slough to Meadow Place as projected west; THENCE east along Meadow Place to the west boundary line of the La Porte Airport; THENCE north along the west boundary line of the La Porte Airport to the north boundary line of the La Porte Airport; THENCE east along the north boundary line of the La Porte Airport and continue to project east along this same line to Sens Road; THENCE north along Sens Road to the Union Pacific Railroad; THENCE west along the Union Pacific Railroad to Underwood Road the POINT OF BEGINNING. Blection Officialsl Earl Ehlers, presiding Judge Barbara Matszak, Alternate Presiding Judge Blection Precinct #2 Polling Placel Baker School (Entry Area) 6000 West Main street (West Main Street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries I BEGINNING at the intersection of Underwood Rd. and Spencer Highway; THENCE west along Spencer Highway to the west La Porte City Limit Line west of Luella Blvd; THENCE south along the west La Porte City Limit Line to Fairmont Parkway; THENCE east along Fairmont Parkway to Underwood Rd; THENCE north along Underwood Rd. to Spencer Highway the POINT OF BEGINNING. Blectton Offic1alsI Earl Ehlers, Presiding Judge Barbara Matszak, Alternate presiding Judge E1ection Precinct #3 Pol1ing P1acel Baker School (Entry Area) 6000 West Main street (West Main Street/at Underwood - enter off spencer/Main) La Porte, Texas 77571 Boundaries I BEGINNING at the intersection of Underwood Road and the north boundary line of the Creekmont sUbdivision; THENCE south along Underwood Road to Fairmont Parkway; THENCE east along Fairmont Parkway to Big Island Slough; THENCE north along Big Island Slough to Spencer Highway; THENCE east along Spencer Highway to Glen Meadows Drive as projected south; THENCE north along Glen Meadows Drive to Meadow Place; THENCE west along Meadow Place, as proj ected west to Big Island Slough; THENCE north along Big Island Slough to the north boundary line of the Creekmont subdivision; THENCE west along the north boundary of the Creekmont subdivision to Underwood Road the POINT OF BEGINNING. Blection Officialsl Earl Ehlers, presiding Judge Barbara Matszak, Alternate presiding Judge Election Precinct #4 Polling Placel La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Boundaries I BEGINNING at the intersection of the Union Pacific Railroad and Sens Road; THENCE south along Sens Rd. to the north boundary of the La Porte Airport as projected east; THENCE west along the projected north boundary line of the La Porte Airport to the east boundary line of the Airport; THENCE south along the east boundary line of the La Porte Airport to Spencer Highway; THENCE east along Spencer Highway to the union Pacific Railroad; THENCE south along the Union Pacific Railroad to Fairmont Parkway; THENCE east along Fairmont Parkway to South Broadway (Old Hwy 146) ; THENCE north along South Broadway to East "G" St.; THENCE northeasterly along East "G" st. to South Iowa; THENCE northwesterly along South Iowa to East "F" St.; THENCE northeasterly along East "F" St. to South Ohio; THENCE northwesterly along South Ohio to East liE" St.; THENCE northeasterly along East "E" St. to the northeast La Porte city Limit Line; THENCE northwesterly along the northeast La Porte city Limit Line to North "E" St.; THENCE west along North "E" St. to North Blackwell; THENCE north along North Blackwell to Barbours Cut Blvd.; THENCE west along Barbours Cut Blvd. to North Broadway; THENCE north along North Broadway to Union Pacific Railroad; THENCE west along the Union Pacific Railroad to Sens Rd. the POINT OF BEGINNING. B~ection Officials: Mary Ann Trainer, presiding Judge Norma Repman, Alternate presiding Judge Blection Precinct #S Po~ling Place: La Porte City Hall (Council Chambers) 604 East Fairmont Parkway La Porte, Texas 77571 Boundaries: TRACT ONE BEGINNING at the intersection of East "E" St. and the northeast La Porte City Limit Line; THENCE southeasterly along the La Porte City Limit Line to the shoreline of Galveston Bay; THENCE southerly along the shoreline of Galveston Bay to the southern La Porte City Limit Line and the northern Shoreacres city Limit Line; THENCE west along the southern La Porte City Limit Line to the west right-of-way line of State Highway 146; THENCE north along the west right-of-way line of State Highway 146 to McCabe Rd.; THENCE west along McCabe Rd. to Union Pacific Railroad; THENCE north along union Pacific Railroad to Fairmont Parkway; THENCE east along Fairmont Parkway to South Broadway (Old Hwy 146); THENCE north along South Broadway to East "G" St. ; THENCE northeasterly along East "G" St. to South Iowa; THENCE northwesterly along South Iowa to East "F" St. ; THENCE northeasterly along East "F" st. to South Ohio; THENCE northwesterly along South Ohio to East "E" St. ; THENCE northeasterly along East "E" St. to the northeast La Porte City Limit Line the POINT OF BEGINNING. TRACT TWO BEGINNING at the intersection of South Broadway (Old Hwy 146) and the city of Shoreacres southern City Limit Line; THENCE east along Shoreacres southern City Limit Line to the shoreline of Galveston Bay; THENCE southerly meandering the shoreline of Galveston Bay to the southernmost La Porte City Limit Line; THENCE west along the southernmost City Limit Line to South Broadway (Old Hwy 146); THENCE north along South Broadway to the southern City Limit Line of City of Shoreacres being the POINT OF BEGINNING. Election Officials: Mary Ann Trainer, Presiding Judge Norma Repman, Alternate presiding Judge Blection Precinct #6 Polling Place: Baker School (Entry Area) 6000 West Main street (West Main street/at Underwood - enter off Spencer/Main) La Porte, Texas 77571 Boundaries: BEGINNING at the intersection of Big Island Slough and Spencer Highway; THENCE south along Big Island Slough to Fairmont Parkway; THENCE east along Fairmont Parkway to the Union Pacific Railroad; THENCE north along the Union Pacific Railroad to Spencer Highway; THENCE west along Spencer Highway to the east boundary line of the La Porte Airport; THENCE north along the La Porte Airport east boundary line to the north boundary line of the airporti THENCE west along the La Porte Airport north boundary line to the west boundary line of the airport; THENCE south along the west boundary of the La Porte Airport to Meadow Place as projected east; THENCE west along Meadow Place to Glen Meadows Dr.; THENCE south along Glen Meadows Dr. and as projected south to Spencer HighwaYi THENCE west along Spencer Highway to Big Island Slough the POINT OF BEGINNING. Election Officials: Earl Ehlers, presiding Judge Barbara Matszak, Alternate Presiding Judge Early Voting Place: La Porte City Hall (Council Chambers) 604 West Fairmont Parkway La Porte, Texas 77571 Bilingual Election Clerk: Barbara Eldridge Section 3. Voting at said election, including early voting, shall be by the use of voting machines, and the ballots of said election shall conform to the Texas Election Code, as amended. Section 4. An Early Voting Ballot Board is hereby created to process Early voting results for the election and the runoff election, if necessary. Peggy Holland is appointed Presiding Judge of the Early Voting Ballot Board. At least two (2) other members of the Early Voting Ballot Board shall be appointed by the Presiding Judge, in the same manner as the precinct election clerks. Early Voting by personal appearance shall begin on the 12th day and shall continue through the 4th day preceding the day of election. Early Voting by mail shall begin on the 45th day preceding the date of the election, or as soon thereafter as ballots are available, and shall continue until seven o'clock (7:00) P.M. on election day. Early Voting shall be conducted by a clerk for Early Voting, namely, Patrice Fogarty, and the place at which the Early Voting shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots voted by mail may be mailed. Early voting by personal appearance shall begin on Monday, May 2, 2011, and continue through Tuesday, May 10, 2011. Early voting by personal appearance shall be conducted on the weekdays of the early voting period, from 8:00 a.m. to 5:00 p.m., except for Wednesday, May 4, 2011, and Tuesday May 10, 2011, from 7:00 a.m. to 7:00 p.m.; and on Saturday, May 7, 2011, from 8:00 a.m. to 5:00 p.m. Section 5. The City Secretary's election office in the La Porte City Hall is hereby designated as the Central Counting Station to receive all ballots cast at said election, and Patrice Fogarty is hereby appointed the Presiding Manager for said Central Counting Station, and Sharon Harris is hereby appointed the Alternate Presiding Manager for said Central Counting Station. said Manager shall appoint any clerks necessary to assist in receiving ballots and other records and in performing the other duties of said Manager in this regard. The City Secretary is hereby authorized and directed to obtain, or cause to be obtained, the necessary electronic tabulating equipment, to arrange for the testing thereof as provided by law and to employ a duly qualified manager and a duly qualified tabulation supervisor to perform the duties respectively imposed on them by law with respect to the processing and tabulation of ballots at the Central Counting station. Section 6. That all election materials including notice of the election, ballots, instruction cards, affidavits and other forms which voters may be required to sign and all early voting materials shall be printed in both English and Spanish, or Spanish translations thereof shall be made available in the circumstances permitted and in the manner required by law. Section 7. The City Secretary of the city of La Porte shall forthwith issue Notice of said election to be published one time in the HOUSTON CHRONICLE, which is hereby found and declared to be a newspaper of general circulation in said City, not less than ten (10) days nor more than thirty (30) days prior to the date of the said election. section 8. Upon a candidate tendering his application on the form prescribed, the City Secretary shall furnish to such candidate all information relative to the qualifications for the office being soughtj the method of placing the candidate's name on the ballotj the amount of the required filing feej and any other pertinent information concerning said election; section 9. Each candidate for the office of councilperson- at-Large must be a resident elector of the City. Each candidate for the office of District Councilperson must be a resident elector of the City, and must also be a resident of the district for which he files. Section 10. The deadline for a candidate to make application to have his/her name appear upon the ballot for such election, is hereby designated and established as 5: 00 0' clock P.M., Monday, March 14, 2011. No application shall be accepted for filing prior to February 14, 2011. The filing fee for each candidate for the office of Councilperson is hereby established as Fifty Dollars ($50.00) . The filing fee for each candidate for the office of Mayor is hereby established at One Hundred Dollars ($100.00). The filing fees shall be used to defray the cost of the election, and said fees shall be prorated and any surplus shall be refunded to said candidates. As an alternative to paying a filing fee, a candidate may obtain a place on the ballot by filing a petition as provided for in City of La Porte Home Rule Charter, Article 2.04 c.3. section 11. Said election shall be held in accordance with the provisions of the City Charter of the City of La Porte, and the general election laws of the state of Texas governing general and municipal elections, so far as same may be applicable thereto. Section 12. Immediately after said election, the officers holding the same shall make and deliver the returns of the results thereof and the accompanying records for use in the official canvass to the City Council of the City of La Porte, and the City council shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results of the election. The Mayor shall immediately thereafter deliver to the candidate for whom the majority of votes has been polled for each respective office, a certificate of election. Such elected officials shall assume their duties within ten (10) days thereafter, Sundays excluded, upon their taking the oath of office. section 13. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. section 14. This Ordinance shall be in effect immediately upon its passage and approval. Section 15. 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. PASSED AND APPROVED, this By: 2011. , Mayor ATTEST: ~~~))JA/ n arr~s Assistant City Secreta Kn W. Askins City Attorney 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Januarv 24. 2011 Bude:et Requested By: Ron Bottoms Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Letter to Mayor and Council Amount Requested: Exhibits: Ordinance Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION With the direction of City Council at the January 10, 2011 City Council Meeting, I have successfully negotiated the employment of Patrice Fogarty, and appoint her City Secretary of the City of La Porte, commencing February 28,2011. Action Required bv Council: Consider confirming appointment of Patrice Fogarty as City Secretary. n/rj ;, I City of La Porte Established 1892 January 13, 2011 Hon. Mayor & City Council City of La Porte City Hall La Porte, Texas Gentlemen: I hereby appoint Patrice Fogarty as City Secretary of the City of La Porte, for a term commencing Februa 28, 2011, and until her successor shall have been duly appoin d qualified, subject to ratification, approval, and confirm ion b the City Council of the City of La Porte. Ron Bottoms City Manager City of La Porte RB : sw 604 W. Fairmont Pkwy. · La Porte, Texas 77571 . (281) 471-5020 ORDINANCB NO. 2011- '33/ ~ AN ORDINANCE APPOINTiNG PATRICE POGARTY CITY SECRBTARY 01' THE CITY 01' LA PORTE, POR A TERM COJDmNCING FBBRUARY 21, 2011, AND UNTIL HER SUCCBSSOR SHALL RAVE BBEN DULY APPOINTBD AND QUALIPIBD, PROVIDiNG A SBVBRABILITY CLAUSE, CONTAINiNG A REPBALING CLAUSE, PINnING COMPLIANCE WI:TH THE OPBN DBTINGS LAW, PROVIDING AN BI'PBCTIVB DATB HERBOP. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte ratifies, approves and confirms the appointment by the City Manager, of Patrice Fogarty, as City Secretary of the City of La Porte, for a term commencing February 21, 2011, and until her successor shall have been duly appointed and qualified. Section 2. Ordinance No. 2002-1576, an ordinance providing that the city Secretary and subordinate staff will report directly to the Mayor and City Council, passed and approved on August 12, 2002, shall remain in full force and effect. 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 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 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24th day of January, 2011. By: ATTEST: JJJl~~~:~ Assistant City Secretary , APP~tV ~ Knox W. Askins City Attorney 2