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HomeMy WebLinkAboutOrd 2025-5006_The Hometown Press as the official newspaperORDINANCE 2025-5006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, DESIGNATING THE HOMETOWN PRESS AS THE OFFICIAL NEWSPAPER FOR THE CITY OF LA PORTE, TEXAS; CONTAINING A SEVERABLITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF WHEREAS, the City Council of the City of La Porte, Texas, ("City Council") finds that The Hometown Press is a paper of general circulation within the City of La Porte, Texas, based on the standards established in Texas Attorney General Opinion No. JC-0223 (2000), to wit: (1) has more than a de minimis number of subscribers within a specified geographical region. (2) has a diverse readership; and (3) publishes some items of general interest to the community; and WHEREAS, the City Council finds that The Hometown Press meets the criteria established in Texas Government Code section 2051.044 for a newspaper utilized by a governmental entity for the publication of notices, to wit: (1) devotes not less than 25% 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 twelve months before the governmental entity or representative publishes notices; and WHEREAS, in accordance with Texas Government Code section 2051.048, the City Council finds that The Hometown Press is a newspaper that is published in the City of La Porte, Texas, and that will publish notices at or below the legal rate, which is The Hometown Press's lowest published rate for classified advertising; and WHEREAS, the City Council finds that The Hometown Press meets all criteria legally required of an officially designated newspaper of general circulation for the City of La Porte, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1. The Hometown Press is hereby designated as the official newspaper for the City of La Porte, Texas. Section 2. The City Manager is authorized to execute all documents and contracts with The Hometown Press for the publication of City notices at or below the legal rate, which is The Hometown Press's lowest published rate for classified advertising, in accordance with Texas Government Code sections 2051.045 and 2051.048. Section 3. All ordinances or parts of ordinances of the City of La Porte, Texas, in conflict with any provision contained herein are hereby repealed to the extent of any conflict. Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance; and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 5. 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 Act, 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 6. This ordinance shall be in effect from and after its passage and approval. PASSED and APPROVED this, the 13th day of October, 2025. CITY OF LA/PORTE j EXAS is Rick Helto Mayor APPROVED AS TO FORM: Clark T. Askins, City Attorney AFFIDAVIT STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared WADE THIBODEAUX, known to me to be a credible person, who, having been by me first duly sworn, upon oath deposed and said that: I, WADE THIBODEAUX, am the publisher of The Hometown Press, which is a newspaper with a central business office in Winnie, Chambers County, Texas. The Hometown Press recently added a special section known as "Around the Bay News" that will be included with each issue of The Hometown Press. The "Around the Bay News" feature will be located on the outside of printed editions of the Hometown Press that are disseminated within Harris County and will be placed inside printed editions of the Hometown Press that are disseminated in Chambers County. The "Around the Bay News" is not an independent newspaper operation nor is it run as an entity separate from the production of the Hometown Press. It is only a special feature added to printed issues of the Hometown Press. I have been advised and understand that under Texas law a newspaper is considered "published" at the location where it is "released to the public" and/or where it is "mailed or distributed therefrom". Both The Hometown Press and the Around the Bay News insert, after pick-up from the printing press at Houston, Texas, are taken to 909 Garden Walk, La Porte, Texas, or some other location in Harris County. Texas, where the newspaper is assembled and from which point it is subsequently distributed to subscribers and other recipients within Harris County. I have read and am familiar with Texas Government Code Section 2051.044, which is restated immediately below, and I affirm that the Hometown Press meets the requirements of this statute for publication of notices by the City of La Porte, Texas. Sec. 2051.044. TYPE OF NEWSPAPER REQUIRED. (a) The newspaper in which a notice is published must: (1) devote not less than 25 percent of its total column lineage to general interest items; (2) be published at least once each week; (3) be entered as second-class postal matter in the county where published; and (4) have been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice. (b) A weekly newspaper has been published regularly and continuously under Subsection (a) if the newspaper omits not more than two issues in the 12-month period. (c) This section does not apply to the publication of a notice to which Section 2051. 0441 applies. Furthermore, I have read and am familiar with Texas Government Code Section 2051.048, which is restated immediately below. I understand that based on Texas Government Code Section 2051.048, in order for the Hometown Press to qualify as a newspaper for the publication of notices by the City of La Porte, Texas, the Hometown Press must be published either in the City of La Porte, Texas, or in the alternative, in a location within Harris County, Texas, and that the Hometown Press is published in La Porte and/or in Harris County. Sec. 2051.048. NOTICE OF OTHER POLITICAL SUBDIVISION. (a) This section applies only to a political subdivision other than a county or a conservation and reclamation district under Section 2051.047. (b) A notice of a political subdivision shall be published in a newspaper that is published in the political subdivision and that will publish the notice at or below the legal rate. (c) If no newspaper published in the political subdivision will publish the notice at or below the legal rate, the political subdivision shall publish the notice in a newspaper that: (1) is published in the county in which the political subdivision is located; and (2) will charge the legal rate or a lower rate. (d) If no newspaper published in the county in which the political subdivision is located will publish the notice at or below the legal rate, the political subdivision shall post the notice at the door of the county courthouse of the county in which the political subdivision is located. The foregoing statements of fact are true and correct. Further, Affiant sayeth not. WADE THIBODEAUX STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on theh day of October 2025, by WADE THIBODEAUX. Notary Public, State of Texas