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MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark Sokolow, City Attorney ~'-1.i,/~ S7iGtily-~
Date: April 16, 2009
Subject: P. 0. No. 6003; Council Meeting April 24, 2009
Attached is P. O. No. 6003 amending Section 2-296 of
the Code of Ordinances as it pertains to arrearages and
developers.
MTS:ts
Attachment
cc: Director of Public Works
Director of Utility Operations
Director of Finance
Director of Planning
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P. 0. No. 6003
04/16/09 is
ORDINANCE N0.
AN ORDINANCE AMENDING SECTION 2-296 OF THE
CODE OF ORDINANCES AS IT PERTAINS TO
ARREARAGES AND DEVELOPERS
WHEREAS, Section 2-286 of the Code of Ordinances states that
the following:
"Sec. 2-286. Arrearages to the City.
"In cases wherein a contractor owes the City monies, the
City Council has the discretion and is herein authorized
to deduct those amounts from any other funds owed to the
contractor on any other contract that the City has with
said contractor."
and
WHEREAS, the City council deems it in the public interest not
to accept easements and not to accept infrastructure from a
developer until all amounts due and owing, if any, have been paid
by the developer or until suitable arrangements, for example,
installment payment agreement, have been approved by the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That Section 2-286 of the Code of the
Ordinances is amended as follows:
"Sec. 2-286. Arrearages to the City.
(a) In cases wherein a contractor owes the City monies,
the City Council has the discretion and is herein
authorized to deduct those amounts from any other
funds owed to the contractor on any other contract
that the City has with said contractor.
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(b) The City will not accept easements and will not
accept infrastructure from a developer until all
amounts due and owing, if any, have been paid by
the developer, or until suitable arrangements, for
example, installment payment agreement, have been
approved by the City."
Section 3. That this being an Ordinance amending an
Ordinance, which does not carry a penalty (i.e. fine) and does not
require publication, it shall take effect immediately from and
after its passage.
Section 4. That a copy of the caption of this Ordinance be
spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2009, at a Council Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote:
AYES: Mayor
City Council
NOES:
ATTEST:
MAYOR
l.'1'1'Y SECRETARY
APPROV~ED,~ASnT/O ,,FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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