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08-21-68 Regular Meeting of Charter Commission Committee
MINUTES - REGULAR MEETING OF THE CHARTER COhM/SS/ON, LA FORTE, TEXAS August 21, 1968 7:30 P. M. MEMBERS OF THE CO~1M/SS/ON PRESENT: Chairman Shepherd, Tommy Moser, W. A. Stabs, Jr., Jack Lawler, and Robert White. MEMBERS OF THE CQMM/SSlON ABSENT: L. R. Rigby and Jack Smith. OTHERS PRESENT: Cify Attorney Knox Askins. PRESIDING: Chairman Shepherd. + + + 1. The minutes of the meeting held on Juiy 24, 1968 were read and approved as read. + + + 2. Mr. Lawler moved, seconded by Mr. Stabs, that the second sentence of Article X11, Section 199 be deleted. Motion carried. + + + 3. Mr. Moser moved and Mr. White seconded, that the suggested revisions of Chapter V1 be approved as submitted. (See Exhibit No. 1). Motion carried. + + + 4. Ctty Attorney Askins will draft a proposed report to the City Commission coverting the work of the Charter Committee. Copies will be sent to each member for agreement or revfsion, before presenting it to the Commission. Russell Shepherd Chairman Robert White Acting Secretary • • SUGGESTED REVISIONS FOR CHAPTER VI OF THE CHARTER OF THE CITY OF LA PORTE I. Delete the present Sections ~y, 50, 51, 52 and 51~ and substitute :in lieu thereof a new Section ~9 to read as follows SECTION 49 - Power and authority to incur indebtedness The City of La Porte shall have the power and authority, by ordinance duly adopted, to borrow money on the credit of the City for permanent public improvements and to issue its general obligation bonds; reTrenue bonds, refunding bonds, certificates of indebtedn~> notes, warrants, or other forms of indebtedness pursuant to and in accordance with the present or hereinafter adopted or amended general and special laws of this State applicable to Home Rule Cities, except as such power and authority is expressly limited or denied by this Charter, or any amendments hereto. • II. Delete the present Section 53 and combine .its provisions into the existing Section 55; the non-use of Sections 50 through 5~+ may be indicated as follows. SECTION 50 - reserved for future use. SECTION 51 - reserved for future use. SECTION 52 - reserved for future use. SECTION 53 - reserved for future use. SECTION 5~+ - reserved for future use. III. Section 55~ as amer:ded by the addition of the provisions of Section 53, should provide as follows: Exhibit No. 1 ~, ::n~c, ~ , ._ .- ~. „_„ ~c_,. ~. .:__ ..,. <~ s,._.L. ~as,~::ti~ ~.~e!r~.. t ~.:.~.,ises. ia. ,:. -----d. -- ~~ =-- - - - .. SECTION 55 - Referendum on bond ordinance Each bond ordinance passed pursuant to a purpose wY:ich has been authorized by majority vote off' the property taxpaying voters of tl^~e City of La Forte at an election held for that purpose shall not be subject to referendum. Each bond ordinance relating to bonds not authorized by the qualified property taxpaying voters of the City of La Porte, shall be subject to permissive referendum on petition pur- suant to the provision of Article x of this Charter, unless • tY:e bonds are authorized solely for a purpose made necessary as the result of fire, flood, or other disaster, or tiie bonds are to be :issued to finance the :improvement cr extens.ion of a municipally owned or operated utility or other public service enterprise. mote: The provisions must be designated as Section 55 because of the later reference in Section. ~a0 to "Section 55". IV . Delete the present Section 56 and substitute therefore the following: SECTION 56 - Public sale of all bonds No bonds issued under this Charter shall be sold without first offering the same at public sale. Noti,~e of such sale shall_ be given 1-,y publication at least once 9..n a, financial jourr:al publishF~d in t:_e State of Texas and by ~~ publication at least once ir. the official newspaper of the City, both of such publications to be made not less th:z.n ten days prior to the date set for such sa,l•~. Page 2, Exhibit No. 7 •.' ~ ,y BAKER, BOTTS, SHEPHERD 8~ COATES ESPERSON BUILDING HOUSTON,TEXAS 77002 MEXICO CITY OFFICE PASEO DE LA REFORMA NO. 76 TELEPHONE •6-98-20 TELEPHONE 713 CA 34800 CABLES --BOTERLOVE~ HOUSTON •~BAKMIR~ MEXICO CITY August 15, 1868 G-22, 5Zl-2 Mr. Knox Askins City Attorney City of La Porte 1225 Broadway La Porte, Texas Dear Knox: Enclosed are drafts of proposed revisions of Chapter VI of the Charter of the City of La Porte. If either you or Mr. Brown feel that these drafts are not consistent with the views expressed at our conference, - please do not hesitate to let me know. • It was good to see you again and I hope it will not be so long between visits in the future. ~,,~w: Your ~ 91 y ruly, i L~~~ Paul W. by PHY:85 Enclosures cc: Mr. Ernest L. Brown, Jr. Moroney, Beissner & Co., Inc. 1300 Bank of the Southwest Houston, Texas 77002 ,,4, .., _ ,. _ ' "'~1 ~ • • SUGGESTED REVISIONS FOR CHAPTER VI OF THE CHARTER OF THE CITY OF LA PORTE I. Delete the present Sections ~+9, 50, 51, 52 and 54 and substitute in lieu thereof a new Section ~+9 to read as follows SECTION ~y - Power and authority to incur indebtedness The City of La Porte stlall have the power and authority, by ordinance duly adopted, to borrow money on the credit of the City for permanent public improvements and to issue .its general obligation bonds, revenue bonds, refunding bonds, certificates of indebtedness, notes, warrants, or other form: of indebtedness pursuant to and i.n accordance with the present or hereinafter adopted or amended general and special laws of this State applicable to Home Rule Cities, except as such power and authority is expressly limited or denied by this Charter, or any amendrr~ents hereto. II. Delete the present Section 53 and combine its provisions into the existing Section 55; the non-use of Sections 50 through 54 may be indicated as follows. SECTION 5G - reserved for future use. SECTION 51 - reserved for future use. SECTION 52 - reserved for future use. SECTION 53 - reserved for future use. SECTION 5L1- - reserved for future use. III. Section 55~ as amended by the addition of tree provisions of Section 53, should provide as follows: s , y 1 .. :.l _ ~ a ~~R 1ST ,~ F` a SECTION 55 - Referendum on bond ordinance Each bond ordinance passed pursuant to a purpose which ha,s been authorized by majority vote at' the property ,. taxpaying voters of the City of La Porte at an election held for that purpose shall not be: subject to referendum. Each bond ordinance relating to ponds not authorized by the qualified property taxpaying vote~~s of the City of ~a Porte, shall be subject to permissive referendum on petition pur- suant to the provision of Article x of this Charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire, flood, or other disaster, or the bonds are to be issued to finance the improvement or extension of a municipally owned or operated utility or other public service enterprise. { mote: The provisions must be designated as Section 55 because of the later reference in Section 90 to "Section 55". IV. Delete the present Section 56 and substitute therefore the following: SECTION 56 - Public sale of all bonds No bonds issued under this Charter shall be sold without first offering the same at public sale. Notice of such sale shall be given by publication at least once in a. financial journal published in the State of Texas and by publication at least once in the official newspaper of the City, both of such publications to be made not less than ten days prior to the date set for such sale. 1. ~Y r 4 MEXICO CITr OFFICE PASEO DE LA REFORMA NO. 76 TELBPHONE 46-98-20 G-22,52 BAKER, BOTTS. SHEPHERD 8. COATES ESPERSON BUILDING HOUSTON,TEXAS 77002 TELEPHONE 713-CA 3-4800 Mr. Knox Askins City Attorney City of La Porte 1225 Broadway La Porte, Texas Dear Knox: CABLES "BOTERLOVE' HOUSTON '~AKMIR" MEXICO CITY August 15, 1968 Enclosed are drafts of proposed revisions of Chapter VI of the Charter of the City of La Porte. If either you or Mr. Brown feel that these drafts are not consistent with the views expressed at our conference, please do not hesitate to let me know. Itxwas good to see you again and I hope it will not be so.-long between visits in the future. Yo v ruly, Paul W, by PHY:85 Enclosures cc: Mr. Ernest L. Brown, Jr. Moroney, Beissner & Co., Inc. 1300 Bank of the Southwest Houston, Texas 77002 } f ~ i SUGGESTED REVISIONS FOR CHAPTER VI OF THE CHARTER OF THE CITY OF LA PORTE I. Delete the present Sections ~9, 50, 51, 52 and 5~- and substitute in lieu thereof a new Section ~+9 to read as follows: SECTION ~F9 - Power and authority to incur indebtedness The City of La Porte shall have the power and authority, by ordinance duly adopted, to borrow money on the credit of the City for permanent public improvements and to issue its general obligation bonds, revenue bonds, refunding bonds, certificates of indebtedness, notes, warrants, or other forms of indebtedness pursuant to and i_n accordance with the present or hereinafter adopted or amended general and special laws of this State applicable to Home Rule Cities, except as such power and authority is expressly limited or denied by this Charter, or any amendments hereto. II. Delete the present Section 5J and combine its provisions into the existing Section 55; the non-use of Sections 50 through 5~ may be indicated as follows. SECTION 50 - reserved for future use. SECTION 51 - reserved for future use. SECTION 52 - reserved for future use. SECTION 53 - reserved for future use. SECTION 5~+ - reserved for future use. III. Section 55~ as amended by the addition of the provisions of Section 53, should provide as follows: `~' ~~ ~, ' n_ ~- _ SECTION 55 - Referendum on bond ordinance Each bond ordinance passed pursuant to a purpose which has been authorized by majority vote ~~ the p`r©perty taxpaying voters of the City of La Forte at an election held for that purpose shall not be subject to referendum. Each bond ordinance relating to bonds not authorized by the qualified property taxpaying voters of the City of La Porte, shall be subject to permissive referendum on petition pur- suant to the provision of Article ~ of this Charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire, flood, or other disaster, or the bonds are to be issued to finance the improvement or extension of a municipally owned or operated utility or other public service enterprise. mote: The provisions must be designated as Section 55 because of the later reference in Section ~0 to "Section 55". IV. Delete the present Section 56 and substitute therefore the following: SECTION 56 - Public sale of all bonds No bonds issued under this Charter shall be sold without first offering the same at public sale. Notice of such sale shall be given by publication at least once in a financial journal published in the State of Texas and by publication at least once in the official newspaper of the City, both of such publications to be made not less than ten days prior to the date set for such sale. ~.:~„„ o MEXICO CITY OFFICE PAi5E0 OE LA REFORMA NO. 76 TELEPHONE 4d-9®-20 G-22,52 BAKER, BOTTS. SHEPHERD 6. COATES ESPERSON BUILDING HOUSTON,TEXAS 77002 T[L[rMON[ 713~CA 3-4800 Mr. Knox Askins City Attorney City of La Porte 1225 Broadway La Porte, Texas Dear Kno~c: CABLES •'BOtERLOVE" HOUSTON ••BAKMtR" MEXICO CITY August 15, 1868 Enclosed are drafts of proposed revisions of Chapter VI of the Charter of the City of La Porte. If .either you or Mr. Brown feel that these drafts are not ''~"'consistent with the views expressed at our conference, ~. please do not hesitate to let me know. ;~, It was good to see you again and I hope it will '~ not be so..long between visits in the future. Yo v y ruly, Paul W. by PHY:85 Enclosures cc: Mr. Ernest L. Brown, Jr. Moroney, Beissner & Co., Inc. 1300 Bank of the Southwest Houston, Texas 77002 ~ ~,~ ~ ~ ~ ~ _ ~~ 1~ ~~ti ~ _- -- _ - - . ti ~ -- __ __ ____ 1,- -_ _ _ . __ ~ 1 6 =- -_ - ~ _~ _ __ ~,-~ ~-~~-,2 s _ ~ t--rat- , ~ ~. -~ rte. C?~ ~.e~,~, ~l ~-~,~r,~ ~~~~ _ ~. __ ~_ __ _~-~_~ o ~ _ _ f _ __ __ _~_ .d -_ __ 4'- ~~~ ~ ~ ~--_ ~~-~~ cam- ~ ~ ~-~-~-~1 ~~ __ _ _ - ~. _ - - -- __ u....-....-~. _ __ _ n ~ ~- ~_ h,_ r~- ~~..