HomeMy WebLinkAboutPR 18492: CITY MANAGER AND FIRE CHIEF TO TRANSFER A TANDBERG SATELITE TRAILER TO THE SOUTHEAST TEXAS REGIONAL ADVISORY COUNCIL City of Port Arthur
Legal Dept.
Memo
To: Val Tizeno, City Attorney
From: Sam Shobassy, Assistant City Attorney IIZ
Date: August 28, 2014
Re: P.R. 18492
I have been asked to review, approve, and sign proposed resolution 18492. At this time, I
withhold my signature and approval from the resolution.
The resolution as proposed asks the City to make a donation or gift of a public asset to a
501(c)(3) nonprofit corporation known as Southeast Texas Regional Advisory Committee. As a
general rule, a gratuitous donation or gift by a city is prohibited by the Texas Constitution, art.
III, Section 52, and article XI, Section 3. The purpose of these Constitutional provisions is to
prevent local governments from appropriating public money for a private purpose.
However, the fact that a private interest is incidentally benefitted by a public expenditure does
not necessarily invalidate an expenditure for a legitimate public purpose. If the City
determines this expenditure accomplishes a valid public purpose, the fact that one or more
individuals or corporations might benefit does not invalidate the expenditure. The key
question thus becomes whether a valid public purpose is being directly accomplished
by the expenditure.
The determination of whether a particular expenditure accomplishes a legitimate public
purpose must be made by the City Council. It would be premature for me to approve and sign
off on a resolution without this deliberation to take place. For this reason, I withhold my
signature and approval of the resolution until the City Council has deliberated on the issue and
I request the resolution be put on the non-consent portion of the agenda in order to effect that
deliberation.
Thank you for your attention to this memo.
PORT ARTHUR FIRE DEPARTMENT
MEMORANDUM
To: John A. Comeaux P. E., Interim City Manager
From: Larry D. Richard, Fire Chief
Re: Proposed Resolution 18492
Date: August 15,2014
COMMENT
RECOMMENDATION
The Fire Department recommends that the City Council authorize the City Manager and Fire
Chief to transfer ownership of a portable satellite trailer to the Southeast Texas Regional
Advisory Council (SETRAC).
BACKGROUND
After Hurricane Rita in 2005 the Tandberg Corporation donated a portable satellite
communications trailer to the Fire Department as part of the Extreme Makeover project.
Hurricane Ike in 2008 destroyed the Tandberg Equipment located at the Sabine Pass Fire Station;
the Satellite Trailer is out of service and offers no value to the city.
The primary function of the SETRAC is to provide stakeholder support through planning,
facilitation, operations and the provision of technical assistance to the region for preparedness,
trauma, injury prevention, stroke, cardiac and pediatric services. SETRAC is the administrator
of federal and state grant money for its stakeholders. SETRAC prepares a nine county region for
man-made or natural emergencies, disasters and mass casualty events.
This resource will be made operational and remain available for any regional or statewide
response.
BUDGET/FISCAL EFFECT
None
STAFFING/EMPLOYEE EFFECT
None
SUMMARY
The Fire Department recommends that the City Council authorize the City Manager and Fire
Chief to transfer ownership of a portable satellite trailer to the Southeast Texas Regional
Advisory Council (SETRAC).
"REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P. R. No. 18492
8/22/14 ldr
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER AND
FIRE CHIEF TO TRANSFER A TANDBERG SATELLITE
TRAILER TO THE SOUTHEAST TEXAS REGIONAL
ADVISORY COUNCIL.
WHEREAS, after Hurricane Rita in 2005 the Tandberg Corporation
donated a portable satellite communications trailer to the Fire
Department as part of the Extreme Makeover project; and,
WHEREAS, Hurricane Ike in 2008 destroyed the Tandberg
Equipment located at the Sabine Pass Fire Station, the Satellite
Trailer is out of service and offers no value to the city; and,
WHEREAS, the Southeast Texas Regional Advisory Council
(SETRAC) was organized under the authority of the Texas Department
of Health, which was instructed by the 1989 Omnibus Rural Health
Care Rescue Act; and
WHEREAS, SETRAC is one of 22 Regional Advisory Councils (RAC)
currently functioning within the State of Texas, SETRAC is a
501 (c) (3) non-profit, tax-exempt organization; and,
WHEREAS, the primary function of the SETRAC is to provide
stakeholder support through planning, facilitation, operations and
the provision of technical assistance to the region for
preparedness, trauma, injury prevention, stroke, cardiac and
pediatric services; and,
WHEREAS, SETRAC is the administrator of federal and state
grant money for its stakeholders . SETRAC prepares our nine county
regions for man-made or natural emergencies, disasters and mass
casualty events; and,
WHEREAS, the City Council hereby determines this donation to
be a legitimate public purpose; and
WHEREAS, this resource will be made operational and remain
available for any regional or statewide response .
NOW THEREFORE, BE IT RESOLVED 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 City Manager and Fire Chief are hereby
authorized to do all things necessary to transfer the Tanberg
Satellite Trailer to the SETRAC.
Section 3 . That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council .
READ, ADOPTED AND APPROVED on this day of September,
A. D. , 2014, at a Meeting of the City Council of the City of Port
Arthur, Texas, by the following vote : AYES :
Mayor:
Councilmembers : ,
NOES: .
Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
See ,newt b
Val Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P. E. ,
Interim City Manager
Larry D. Richard, Fire Chief