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Home My WebLink AboutPO 5496:AMENDING EDC BUDGETinteroffice MEMORANDUM To: Mayor, City Council, City Manager From: Mark T. Sokolow, City Attorney ~ ~ Date: February 4, 2005 Subject: P. O. No. 5496; Special Council Meeting February 8, 2005; 5:30 p.m. Attached is P. O. No. 5496 amending the budget of the City of Port Arthur Section 4A Economic Development Corporation for the fiscal year beginning October 1, 2004 and ending September 30, 2005. (Requested by Mayor Ortiz) . MTS:ts Attachment cc: VIA FACSIMILE (409) 962-4445 Mr. Ike Mills EDC Executive Director Z .p05496. memo P. O. NO. 5&96 02/04/05 ts ORDINANCE NO. AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF PORT ANTHUR SECTION ~A ECONOMIC DEVELOPMENT CORPORATION FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 (REQUESTED BY MAYOR ORTIZ) WHEREAS, the City Council approved the Budget for the City of Port Arthur Section 4A Economic Development Corporation on September 28, 2004, per Ordinance No. 04-60, and; WHEI~EAS, the City Council approved an amendment to the Budget of the City of Port Arthur Section. 4A Economic Development Corporation on January 4, 2005, per Ordinance No. 05-01, and; WHEREAS, the City Council deems it in the best interests of the citizens of Port Arthur to continue to alter the structure, organization, programs, and activities of the City of Port Arthur Section 4A Economic Development Corporation as to improve the efficient coordination and management of the City of Port Arthur Section 4A Economic Development Corporation, and; WHEREAS, the City Council is concerned as to the recent reports from the City's auditor, and; WHEREAS, the City Council deems it necessary to make changes in the structure and organization of the City of Port Arthur Section 4A Economic Development Corporation, and; z.po5496 I W~E~, the budget for the salaries and benefits is $350,835 for the 2005 fiscal year with funding for seven (7) positions, and; W~ERF.~S, in accordance with Article XII, Section 9 of the City Charter, the City Council may make emergency appropriations from time to time, and; W~ER~AS, the City Council may make budget amendments for emergencies under Section 102.009, and for municipal purposes under Section 102.010 Local Government Code, and; W~ER~A~, this amendment is necessary for municipal purposes to meet unusual and unforeseen conditions (recent reports from the City's auditor) as delineated in Section 102.009 (c) Local Government Code, and; W~ER~A~, Section 34, Article 5190.6, V.T.C.A. also allows the City Council, in its sole discretion, to alter the structure, organization, programs, or activities of the City of Port Arthur Section 4A Economic Development Corporation. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS= Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the position of Executive Director is hereby deleted as a position within the City of Port z.po5496 2 Arthur Section 4A Economic Development Corporation and shall no longer be funded. Section 3. That a certified copy of this budget amendment and of the Drevious budget amendment shall be sent to the County Clerks of Jefferson and Orange Counties. Section 4. That this Ordinance shall be effective immediately. Section 5. That all ordinances in conflict herewith are herein repealed to the extent of the conflict, only. Section 6. That a copy of the caption of this ordinance shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2005, at a Special Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers ; ; ; NOES: OSCAR 0RTIZ, MAYOR ATTESTs CITY SECRETARY z.po5496 3 APPROVED AS TO FORM: CITY ATTORNEY ASSISTANT CITY ATTORNEY APPROVED FOR AD~INIST]~ATION: CITY MANAGER z.po5496 4 interoffice .MORANDUM To: Mayor, City Council, City Manager From: Mark T. Sokolow, City Attorney /~ ~ Date: February 4, 2005 Subject: P. R. No. 13023; Special Council Meeting of February 8, 2005; 5:30 p.m. Attached is P. R. No. 13023 altering the organization and structure of the City of Port Arthur Section 4A Economic Development Corporation. (Requested by Mayor Ortiz). MTS:bp Attachment cc: VIA FACSIMILE (409) 962-4445 Mr. Ike Mills EDC Executive Director z.pr13023.memo P. R. NO. 13023 02/04/05 ts RESOLUTION NO. A RESOLUTION ALTERIN~ THE STRUCTURe, ORGANIZATION, PRO~RAMS, AND ACTIVITIES OF THE CITY OF PORT ARTHUR SECTION &A ECONOMIC DEVELOPMENT CORPORATION (REQUESTED BY MAYOR ORTIZ) WHEREAS, Section 34, Article 5190.6, V.T.C.A., states the following: ~AUTHORITY TO ALTER OR DISSOLVE CORPORATION. Sec. 34. At any time the unit may, in its sole discretion, alter the structure, organization, programs, or activities of the corporation or terminate and dissolve the corporation, subject only to any limitation provided by the constitution and laws of the state on the impairment of contracts entered into by the corporation. Such alteration or dissolution shall be made by written resolution of the governing body of the unit and as hereinafter provided."; and, WHEREAS, the City Council is concerned as to the recent reports from the City's auditor; and, WHEREAS, the City Council desires to alter the structure, organization, programs, and activities of the City of Port Arthur Section 4A Economic Development Corporation; and, z.pr13023 1 W/4EI~EAS, the City Council deems it necessary to delete the position of Executive Director, and; ~-IEP,.F~S, the City Council is of the belief that an alteration of the structure and organization of the City of Port Arthur would improve the efficient coordination and management of incentive projects and programs between the City of Port Arthur and the City of Port Arthur Section 4A Economic Development Corporation, and; WHEREAS, the City Council is of the belief that it will streamline the efficient coordination and management of incentive projects and programs between the City of Port Arthur and the City of Port Arthur Section 4A Economic Development Corporation if the City Manager or his designees provides the supervisory staff support that is needed by the City of Port Arthur Section 4A Economic Development Corporation. NOW THEREFORE, BE IT ~ESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUI~, TEX~ Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That pursuant to Section 34, Article 5190.6; V.T.C.A., the structure, organization, programs, and activities of the City of Port Arthur Section 4A Economic Development Corporation is herein altered as to delete the position of Executive Director. z.pr13023 2 Section 3. That pursuant to Section 34, Article 5190.6; V.T.C.A., the structure, organization, programs, and activities of the City of Port Arthur Section 4A Economic Development Corporation is herein altered as to specifically delete the position of Executive Director. Section 4. That the City Manager or his designees are herein authorized to provide the supervisory staff support needed to fulfill the duties of the Executive Director as requested by the Board of Directors of the City of Port Arthur Section 4A Economic Development Corporation. Section 5. That the City Manager or his designee shall take such immediate measures as to accommodate the securing of office equipment, office files, office supplies, vehicles, credit card, and such other property of the City of Port Arthur Section 4A Economic Development Corporation utilized by the Executive Director as to enable an immediate transition. Section 6. That all Resolutions in conflict herewith are herein repealed to the extent of their conflict, only. Section 7. That this Resolution shall be effective on the adoption of the Ordinance (P. 0. 5496) amending the budget of the City of Port Arthur Section 4A Economic Development Corporation. Section 8. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. z.pr13023 3 i~EAD. ADOPTED AND APPROVED on this __ day of , A.D., 2005, at a Special Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor , Councilmembers ; ; ; NOES' OSCAR ORTIZ, MAYOR ATTEST~ EVANGELINE GREEN, CITY SECRETARY APPROVED AS TOFORM= CITY ATTOP~NEY ASSISTANT CITY ATTORNEY APPROVED FOR AD~INISTRATION~ STEVE FITZGIBBONS, CITY MANAGER z .pr13023 4