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HomeMy WebLinkAbout1998-07-13 Regular Meeting, Public Hearing and Workshop Meeting of City Council . e e e MINUTES OF THE REGULAR MEETING, PUBLIC HEARING AND WORKSHOP OF LA PORTE CITY COUNCIL JULY 13, 1998 1. CALL TO ORDER The meeting was called to order by Mayor Norman L. Malone at 6:05 p.m. Members of City Council Present: Mayor Norman L. Malone, Council persons Guy Sutherland, Chuck Engelken, Howard Ebow, Peter Griffiths, AIton Porter, Deotis Gay, Charlie Young and Jerry Clarke. Members of Council Absent: None Members of City Executive Staff and City Employees Present: City Manager Robert T. Herrera, Assistant City Manager John Joerns, Assistant City ManagerlFinance Director Jeff Litchfield, City Attorney Knox Askins, City Secretary Martha Gillett, Communications Technician n Janis Goulder, Director of Public Works Steve Gillett, Planning Director Doug Kneupper, Chief of Police Bobby Powell, Director of Administrative Services Louis Rigby, Assistant Finance Director Cynthia Alexander, Cash Manger Rick Overgaard, Tax Assessor Kathy Powell and Office Manager Marlene Rigby. Others Present: Spero Pomonis, Jan Lawler, Colleen Hicks, Patty Welborn, Mr. Johnson, George Ann Spears, Jackie Welch, Melissa Harrison and a number of La Porte Citizens. 2. INVOCATION - REVEREND ALAN NEEL - LIFE COMMUNITY CHURCH Reverend Alan Neel was not able to attend the meeting, so Mayor Malone delivered the Invocation. 3. CONSIDER APPROVING MINUTES OF SPECIAL CALLED REGUIJAR MEETING ON JUNE 22, 1998. Motion was made by Council person En~elken to ap,prove the minutes of June 22. 1998 meetinl! as presented. Second by Councilperson Sutherland. The motion carried, 9 ayes and 0 nays. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISlUNG TO ADDRESS COUNCIL e e 7/13/98 Minutes - Page 2 Jan Lawler presented certificates to the Mayor and City Council and Marlene Rigby and Parks and Recreation Department thanking the City for participation in the recent fund raiser held at Sylvan Beach Pavilion. Patty Welborn, BFI Waste Systems representative, informed Council their La Porte facility will be closing as of August 1, 1998. This is due to a countrywide consolidation. Ms. Welborn stated BFI had enjoyed operating in La Porte. 5. PUBUC HEARING TO RECEIVE CITIZEN COMMENT AND CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE RENEWING THE GRANT OF A NON-EXCLUSIVE FRANCmSE TO TELE- VUE SYSTEMS, INC., ITS SUCCESSORS AND ASSIGNS, TO CONTINUE OPERATION OF mE RIGHT, PRIVILEGE AND FRANCmSE TO ERECT, MAINTAIN AND OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF LA PORTE TEXAS (Ord. 98-2260) K. Askins City Attorney Knox Askins presented summary and recommendation. Sherry Garner, Director of Governmental Relations and Terry Scott, Franchise Representative presented highlights of contract and answered Council questions. Mayor requested citizen input for Public Hearing. Spero Pomonis, 218 Bay Colony Drive, La Porte, Texas, 77571 advised Council he previously had a discount that has been discontinued and would like to know why. He stated he had not been able to get an answer after several calls to customer service. Mayor Malone closed the Public Hearing. Knox Askins noted this was the. first reading of this Ordinance and it would come before Council for a second reading on August 24, 1998. Knox Askins noted the changes to be made to the Ordinance prior to the second reading. Changes will include that the Franchisee will always maintain a local service office within at least 10 miles of the City limits of La Porte. City Attorney read: ORDINANCE 98-2260 - AN ORDINANCE RENEWING THE GRANT OF A NON-EXCLUSIVE FRANCHISE TO TELE-VUE SYSTEMS, INC., ITS SUCCESSORS AND ASSIGNS, TO CONTINUE OPERATION OF mE RIGHT, PRIVILEGE, AND FRANCHISE TO ERECT, MAINTAIN AND OPERATE A CABLE ,TELEVISION SYSTEM IN THE CITY OF LA PORTE, TEXAS; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE GRANTING OF THIS FRANCHISE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. e e 7/13/98 Minutes - Page 3 Motion was made by Councilperson Ebow to approve the first reading of the Ordinance as read by City Attorney and noting the change in the contract. Second by Councilperson Engelken. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None 6. CONSIDER APPROVAL OR OTHER ACTION REGARDING A RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS (Res. 98-07) - J. Litchfield Assistant City Attorney Jeff Litchfield presented summary and recommendation to City Council and addressed questions. City Attorney read: RESOLUTION 98-07 -A RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS Motion was made by Council person Ene:elken to approve the Resolution as read by the City Attorney. Second by Councilperson Clarke. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone. . Nays: None 7. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-A-3 OF ORDINANCE 915, "PIPELINE TRANSPORTATION", BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975 TO CONSTRUCT A 3-INCH PIPELINE FOR THE TRANSPORTATION OF NATURAL GAS (Ord. 98-915-PP) - S. Gillett Public Works Director Steve Gillett presented summary and recommendation to City Council and addressed questions. City Attorney read: ORDINANCE 98-915-PP -AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-A-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION", BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF mE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25,1975, TO CONSTRUCT A 3-INCH PIPELINE FOR THE TRANSPORTATION OF NATURAL GAS; P~OVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Sutherland to a>>>>rove the Ordinance as read by the City Attorney. Second by Councilperson Griffiths. The motion carried unanimously. e e 7/13/98 Minutes - Page 4 Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None 8. CONSIDER APPROVAL OR OTHER ACI'ION REGARDING AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING SECTION 6-78(A) OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING A NAME AND LICENSE HOLDER AT AN AREA WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAYBE SOLD; PROVIDING THAT ALL OTHER PROVISIONS OF SECTION 6-76 ET SEQ OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE REMAIN UNCHANGED (Ord. 1000-1-C) - D. Kneupper Planning Director Doug Kneupper presented summary and recommendation to City Council and addressed questions. City Attorney noted Mayor had already read caption as noted above. Motion was made by Councilperson Porter to approve the Ordinance as read by the Mayor. Second by Councilperson Young. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None Councilperson Griffiths left the meeting at 7:30 p.m. 9. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE DISANNEXING CERTAIN TERRITORY HERETOFORE ANNEXED TO THE CITY OF LA PORTE (Ord. 98-2257) K. Askins City Attorney Knox Askins presented summary and recommendation and noted agenda items # 9,10 and 11 will be addressed together. Motion was made by Council person Gay to table this item for future consideration. Second byCouncilperson Engelken. The motion carried unanimously. Ayes: Sutherland, 'Engelken, Ebow, Porter, Gay, Young, Clark and Mayor Malone. Nays: None 10. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE DESIGNATING CERTAIN LAND NOW IN THE CORPORATE LIMITS OF THE CITY OF LA PORTE, TEXAS, AS AN INDUSTRIAL DISTRICT TO BE KNOWN AS "SOUTH LA PORTE INDUSTRIAL DISTRICT"; RESERVING AND PRESERVING ALL RIGHTS POWERS AND DUTIES OTHERWISE REPOSING BY LAW IN THE CITY COUNCIL OF THE CITY OF LA PORTE (Ord. 98-2258) - K. Askins e e 7/13/98 Minutes - Page S This item was tabled as noted above in agenda item nine. 11. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN . INDUSTRIAL DISTRICT AGREEMENT WITH BA YSHORE INDUSTRIAL, INC., WlTlDN THE SOUTH LA PORTE INDUSTRIAL DISTRICT FOR THE TERM COMMENCING JANUARY 1, 1999, AND ENDING DECEMBER 31, 2000 (Ord. 98-2259) K. Askins This item was tabled as noted above in agenda item nine. 12. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AND AUTHORIZING A PROFFSSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LA PORTE AND WILBUR SMITH ASSOCIATES, INC., FOR PROFESSIONAL SERVICES RELATED TO THE DEVELOPMENT OF THE CITY OF LA PORTE COMPREHENSIVE PLAN UPDATE (Ord. 98-2261) J. Joerns Assistant City Manager John Joerns presented summary and recommendation and addressed Council questions. Mr. Joerns also introduced Bret Keast, AICP who provided additional information to Council. City Attorney read: ORDINANCE 98-2261 - AN ORDINANCE APPROVING AN AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LA PORTE AND WILBUR SMITH ASSOCIATES, INC., FOR . PROFESSIONAL PLANNING SERVICES RELATED TO THE DEVELOPMENT OF THE CITY OF LA PORTE COMPREHENSIVE PLAN UPDATE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by CouncilDerson Ebow to apDrove the Ordinance as read by the City Attorney. Second by Councilperson Engelken. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clark and Mayor Malone. Nays: None 13. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPROVING AN AUTHORIZING AN INTERWCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY FLOOD CONTROL DISTRICT, TO PROVIDE DRAINAGE IMPROVEMENTS FOR THE HARRIS COUNTY FLOOD CONTROL DISTRICT UNIT F-I0I-00-00 WATERSHED (Ord. 98-2262) J. Joerns Assistant City Manager John Joerns presented summary and recommendation and addressed Council questions. e e 7/13/98 Minutes - Page 6 City Attorney read: ORDINANCE 98-2262- AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE HARRIS COUNTY FLOOD CONTROL DISTRICT, TO PROVIDE DRAINAGE IMPROVEMENTS FOR THE HARRIS COUNTY FLOOD CONTROL DISTRICT UNIT FI01-OO-OO WATERSHED; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH tHE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council person Clarke to ~prove the Ordinance as read by the CitJ Attorney. Second by Councilperson Ebow. The mo~ion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke and Mayor Malone. 14. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE VACATING, ABANDONING AND CLOSING THE WEST "0" STREET RIGHT-OF-WAY, BETWEEN BLOCKS 1177 & 1178 AND BLOCKS 1201 & 1202, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS (Ord. 98-2263) D. Kneupper Planning Director Doug Kneupper presented summary and recommendation and addressed Council questions. City Attorney read: ORDINANCE 98-2263 - AN ORDINANCE VACATING, ABANDONING AND CLOSING THE WEST ..a" STREET RIGHT-OF-WAY, BETWEEN BLOCKS 1177 & 1178 AND BLOCKS 1201 & 1202, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Clarke to approve the Ordinance as read by the CitJ Attorney. Second by Council person Engelken. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None 15. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPOINTING A MEMBER OF THE CIVIL SERVICE COMMISSION (Ord. 98- 2264) - R.T. Herrera City Manager Robert T. I:lerrera presented summary and recommendation. City Attorney read: ORDINANCE 98-2264 - AN ORDINANCE APPOINTING A MEMBER OF THE CIVIL SERVICE COMMISSION; PROVIDING A SEVERABll...ITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. e e 7/13/98 Minutes - Page 7 Motion was made by Councilperson Sutherland to a'pprove the Ordinance as read by the City Attorney. Second by Councilperson Engelken. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None 16. CONSIDER APPROVAL OR OTHER ACTION REGARDING AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMI'ITEES, OF THE CITY OF LA PORTE (Ord. 98-2265) - K. Askins City Attorney Knox Askms presented summary and recommendation and addressed Council questions. City Attorney read: ORDINANCE 98-2265 - AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council person Porter to approve the Ordinance as read by the City Attorney. Second by Councilperson Young. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke, and Mayor Malone. Nays: None 17. CONSIDER APPROVAL OR OTHER ACTION TO APPROVE PURCHASE OF COMPUTER-BASED EQUIPMENT MANAGEMENT INFORMATION SYSTEM (FLEET MANAGEMENT SOFfW ARE) FROM PROTOTYPE IN THE AMOUNT OF $55,250.00 ~ S. Gillett Public Works Director Steve Gillett presented summary and recommendation. Motion was made by Council person Ebow to approve the purchase as recommended by the Public Works Director. Second by Councilperson Engelken. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None 18. CALL TO ORDER WORKSHOP MEETING Mayor Malone called the Workshop Meeting to order at 8:30 P.M. Council discussed traffic humps. Public input was received from Kathy Ryan, 3209 Hillsdale, La Porte, Texas and Mr. McPearson , 8402 Bandridge, La Porte, Texas. Both citizens were in favor of a traffic hump policy. Council raised several questions and would like this issue to be addressed again at the next Council Meeting. e e 7/13/98 Minutes - Page 8 19. ADJOURN WORKSHOP MEETING Mayo~ Malone adjourned the Workshop Meeting at 9:37 P.M. 20. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council of Budget Workshop Meetings to be held on August 17 through 21. Secondly, Mr. Herrera reminded Council of the AMCC Conference at Bryan/College Station on July 16 through 19. Lastly, Mr. Herrera announced the Audit Committee will be meeting immediately after the Council Meeting this evening. 21. COUNCIL ACTION Council persons Engelken, Ebow, Porter, Gay , Young, and Mayor Malone brought items to Council's attention. 22. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPrER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WIm ATfORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATI'ERS, CONFERENCE WIm EMPWYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. SECTION 551.074 - (pERSONNEL MATfER) DISCUSS APPOINTMENTS TO BOARDS AND COMMISSIONS Council did not retire to an Executive Session on this matter. 23. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken due to no Executive Session. 24. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 9:44 p.m. e e 7/13/98 Minutes - Page 9 Respectfully submitted, 0Yl f1AlJ/l~ a. tJ,1JJJ;tL Martha A. Gillett City Secretary Passed and approved on this 27th day of July, 1998. {~;f- e e ,~ ~ e. e A e e Ian Lawler to make presentation. e e B e Iii R- ~ ,e ,jtl~ ~'r~"I',,"?, \~liU fj July 8, 1998 BF' 00::::::=: .- Mr. Bob Herrera, City Manager City of La Porte 604 W. Fairmont La Porte, Tx. 77571 Dear Mr. Herrera, It is with much regret that BFI Waste Systems will be closing our LaPorte facility on August 1, 1998. LaPorte has becn home for many employees for the past sixteen ycars. Our property and . buildings will bc listed with C B Conmlercial for sale to another business locating in LaPorte. In an attempt to remain competitive in our ever-changing industry and still provide scrviccs our customers need, BFI is consolidating district offices across the cowltry. 111is consolidation will cut overhead costs and all<?w more efficient utilization of equipment and manpower. TIle Houston marketplace has carried six separate operating districts and, therefore, has been selected for consolidation. Two of the current districts, LaPorte being one oftilem, will merge operations with other districts in close proximity. Our laPorte operations will merge with two other districts, one located on highway 3 and another located 011 East Little York. A study perfonned by BFI showed this merger of districts would reducc overhead, utilize available equipment from other districts and decrease workload by expanding the employee base. We have apprcciated the support the City of LaPorte has always provided and enjoyed being a part of the community in this fast growing city. Please keep in riUnd, equipmcnt moving out of the city does not mean the BFI people and services you have come to know will be changing. Susan Wheba will continue to work with Shelley Richards. Drivers familiar with the layout of LaPorte will continue to service your commercial businesses and Patty 'Velborn will continue to be your municipal contact, working closely Witil the Public Works Department. While we will miss the opportwlity to office in LaPOIte, BFI fully intends to remain an active and involved corporate citizen within the city and a participmit at a grass roots level within the community.' If we need to address allY concerns YOlllllay have about this move, please do not hesitate to caU. Sincerely, Jolm Fields District Vice President Bay Area' 1700 North "E" St.. P.O. Box 1379 (77572)' La Porte, Texas 77571 . Phone 281-471-9142 www.bfi.com 3ll% Post.Consumer (i) e e e e ~tFDo' ':: p;~ ',"J~ ~~.~~ If ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE. TEXAS 77572-1218 KNOX W. ASKINS JOHN D. ARMSTRONG TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 CHARLES R. HUBER. JR. BOARD CERTI"'ED - CIVIL TRIAL LAW TEXAS BOARD 0" LEGAL SPECIALIZATION June 25, 1998 Mr. Robert T. City Manager City of La Mr. Jeff Assist City itchfield t City Manager La Porte Mr. steve Gillett Di ector of Public Works C ty of La Porte Re: TCI Franchise Renewal Gentlemen: I enclose copy of letter dated June 15, 1998, from TCI, with marked up copy and clean copy of proposed franchise agreement. If this document meets with the approval of each of you, it is ready to place on a City Council agenda and have a public hearing. Federal law requires a public hearing on the franchise renewal. The Home Rule Charter calls for two readings of a franchise ordinance, the second reading being at least 30 days after the first reading, and a publication of the caption of the ordinance weekly for 4 weeks, between the two hearings. If these documents meet with your approval, I would like to have the public hearing and first reading at the City Council meeting of July 13, 1998, with the second reading at the meeting of August 24, 1998. Please let me know if this schedule is satisfactory, and I will prepare the necessary advertisement of the public hearing for Martha Gillett. Yours very truly, Knox City City K~ w. ~I w. Askins ~ Attorney of La Porte KWA: sw Enclosure cc: Ms. Martha Gillett ~City Secretary City of La Porte This is a copy of the4ltignina1 Ordinance. ~ This is only the first reading - Original adopted Ol:dinance is, in th.e A~gust 24, 1998.f i1e. COpy ORDINANCE NO. 98-22'6'0 AN ORDINANCE RENEWING THE GRANT OF A NON-EXCLUSIVE FRANClfiSE TO TELE- VUE SYSTEMS, INC., ITS SUCCESSORS AND ASSIGNS, TO CONTINUE OPERATION OF THE RIGHT, PRIVll..EGE, AND FRANClllSE TO ERECT, MAINTAIN AND OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF LA PORTE, TEXAS; CONTAINING FINDINGS AND OTHER PROVISIONS RELATJNG TO THE GRANTING OF TInS FRANClnSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, on January 9, 1980, the City of La Porte, Texas (the "City") passed and approved Ordinance No. 1775 granting a cable television franchise (the "Franchise") to Kip-Lee CATV, Inc. ("Kip-Lee"); and WHEREAS, on March 14, 1988, the City passed and approved Ordinance No. 1175-A consenting to the transfer of the Franchise from Kip-Lee to Prime Cable of Ft. Bend, L.P., a Delaware limited partnership ("Prime"); and WHEREAS, on March 18, 1996, the City passed and approved Ordinance No. 96-2095 consenting to the transfer of the Franchise from Prime to Tele-Vue Systems, Inc., a Washington corporation ("Grantee''); and WHEREAS, pursuant to the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, and Section 4 of the Franchise, Grantee has requested that the City renew the Franchise; and WHEREAS, the City Council of the City of the City of La Porte has concluded full and open public hearings during which it has identified the future cable related community needs and interests and has reviewed the performance of Grantee under the Franchise, and during which it has also reviewed the adequacy ofthe ordinance granting the Franchise; and WHEREAS, the City Council of the City of La Porte has found that Grantee has substantially complied with the material terms of the Franchise and with applicable law; that the quality of Grantee's service, including signal quality, response to consumer complaints and billing practices, has been reasonable in light of community needs; and that Grantee has the financial, legal and technical ability to provide those services, and facilities and equipment necessary to meet the future cable related community needs and interests. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCrr.. OF THE CITY OF LA PORTE: Section 1. SHORT TITLE. This ordinance shall be known and m~y be cited as the City of La Porte-Tele-Vue Cable Television Franchise Ordinance. Ord. 98-226_ e COpy Section 2. DEFINITIONS. For the purposes of this Franchise the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The headings contained in this Franchise are to facilitate reference only, do not form a part of this Franchise, and shall not in any way affect the construction or interpretation hereof. Terms such as "hereby", "herein", "hereof', "hereinafter", "hereunder", and "hereto", refer to this Franchise as a whole and not to the particular sentence or paragraph where they appear, unless the context' otherwise requires. The tenn "may" is pennissive; the terms "shall" and "will" are mandatory, not merely directory. All references to any gender shall be deemed to include all others, as the context may require. "Anniversary Date" shall mean the date on which this Franchise becomes effective and each annual anniversary thereof. " Anniversary Year" shall mean the twelve month period following an Anniversary Date. "Basic Cable Service" shall mean any service tier(s) offered or provided to all of its Subscribers, which include(s) the transmission of local (greater Houston metropolitan area) television broadcast signals. "Cable Act" shall mean the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, and as may be further amended from time to time. "Cable Service" shall mean the one-way transmission to Subscribers of video programming or other programming service that a cable operator makes available to all Subscribers generally, and 2 Ord. 98-2260 e e COpy Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. "Cable System" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed and co~cted for the primary purpose of providing Cable Service which includes video programming and which is provided to multiple Subscribers within the community, but such term does not include: 1. a facility that serves only to retransmit the television signals of one or more television broadcast stations; 2. a facility that serves Subscribers without using any public right-of-way; 3. a facility of a common carrier which is subject, in whole or in part, to the provisions of Title IT of the Cable Act, except that such facility shall be considered a Cable System (other than for purposes of Section 621 (c) of the Cable Act) to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; 4. an open video system that complies with Section 653 of the Cable Act; or 5. any facilities of any electric utility used solely for operating its electric utility system. "Channel" shall mean a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a video signal, an audio signal, a voice signal or a data signal. "City" shall mean the City of La Porte, Texas, a municipal corporation of the State of Texas. "City Council" shall mean the governing body of the City, or its designee. 3 Ord. 98-2260 e e COpy "Converter" shall mean an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber and which, by an . appropriate Channel selector, also pennits a Subscriber to view all signals delivered at designated dial locations. "Director" shall mean the Director of Finance, Administration Department, or any successor department, or his or her designee. "Educational Access" shall mean non-commercial educational programming produced and cablecast in accordance with the rules and procedures established by the City. "Expanded Cable Service" shall mean separate programming offered by the Grantee in addition to Basic Cable Service. "Federal Communications Commission" or "FCC" shall mean that agency as presently constituted by the United States Congress or any successor agency with jurisdiction over cable television matters. "Force Majeure" shall mean a strike, war or act of war (whether an actual declaration of war is made or not), insurrection, riot, act of public enemy, accident, fire, flood or other act of God, technical failure, sabotage or other events, where the affected party has exercised all due care in the prevention thereof to the extent that such causes or other events are beyond the control of the affected party and such causes or other events are without the fault or negligence of the affected party . "Franchise" means this document, which contains the specific provisions of the authorization granted by the City to Grantee for the construction and operation of a Cable Systeme in the City, including the rights and obligations of the Grantee. "Government Access" shall mean non-commercial government programming produced and 4 ORd.98-2260 . eopy cablecast in accordance with the rules and procedures established by the City. "Gralitee" shall mean Tele-Vue Systems, Inc., a Washington corporation, or any Person who succeeds Tele-Vue Systems, Inc., in accordance with the provisions of this Franchise. "Gross Revenues" shall mean all revenues received by the Grantee from operating its Cable System to provide Cable Service in the City of La Porte, including, but not limited to, Basic Cable Service revenues, Expanded Cable Service revenues, Pay Television revenues, additional Cable Service revenues, advertising revenues, franchise. fees collected from customers, and leased access ; revenues. Gross Revenues shall not include the following: 1. any taxes which are imposed on any Subscriber or Grantee by any governmental unit; 2. revenues resulting from the sale of non-addressable Converters or other retail equipment which is available from sellers other than the Grantee; 3. revenues from the studio production of programming; or 4. fees collected by Grantee from Subscribers to be paid to the FCC. "Pay Television" shall mean the delivery over the Cable System of programming to Subscribers for a fee or charge over and above the charge for Basic Cable Service or Expanded Cable Service, on a per-program, per-Channel or other subscription basis. "Person" means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity. "Public Access" shall mean non-commercial public programming produced and cablecast in accordance with the rules and procedures established by the City. "Service Area" shall mean all of the current area within the corporate limits of City, and any area hereafter annexed to, or consolidated with, City as provided in Section 5 herein. 5 Ord. 98-2260 e · COpy "Street" shall mean the surface or the space above and below any public street, road, highway, alley, bridge, sidewalk, or other public place or way now or hereafter held by the City for the purpose of public travel and shall include other easements or rights-of-way now held or hereafter held by the City which shall, within their proper use and meaning, entitle the City and the Grantee to the use thereof for the purposes of installing or transmitting Cable System transmissions over poles, wires, cables, conductors, conduits, manholes, amplifiers, appurtenances, attachments, and other structures, equipment, and facilities as may be ordinarily necessary and pertinent to the Cable System. "Subscriber" shall mean any Person within the City who lawfully receives any Cable Service delivered by the Cable System. Section 3. GRANT OF AUTHORITY. There is hereby granted to Grantee the right, privilege, and franchise to have, acquire, construct, reconstruct, maintain, use, and operate in the Service Area a Cable System, and to have, acquire, construct, reconstruct, maintain, use, and operate in, over, under, and along the present and future Streets of the City poles, towers, anchors, wires, cables, electronic conductors, underground conduits, manholes, and other structures and appurtenances necessary for the construction, maintenance, and operation of the Cable System in the Service Area of the City. Grantee shall have the right and duty to provide Cable Service throughout the entire Service Area, subject to the limitations in Section 5 of this Franchise. Section 4. NON-EXCLUSIVE FRANCHISE. The rights, privileges, and franchise granted hereby are not exclusive and nothing herein contained shall be construed to prevent the City from granting any like Or similar rights, privileges, and franchise to any other Person within all or any portion of the City, including the Service Area; provided, however, any such franchise shall be on terms and conditions no more favorable or less burdensome compared to this Franchise in 6 . Ord. 98-2260 . e COpy like or similar circumstances. Section 5. ADDITIONS TO SERVICE AREA BY ANNEXATION OR OTHERWISE. 1. Subject to the provisions of Section 5(2) below, the Service Area shall include: (1) territory which is added by the City during the tenn of this Franchise and which is contiguous to the Service Area and; (2) non-contiguous territory which is served by the Grantee and which is subsequently added by the City during the tenn of this Franchise. 2. Whenever the Grantee shall receive a request for Cable Service from at least 15 residences within 1320 cable-bearing stand feet (one-quarter cable mile) ofits trunk: or distribution cable, it shall extend its Cable System to such Subscribers at no cost to said Subscribers other than the standard/non-standard charges for installation; provided that such extension is technically feasible, and if it will not adversely affect the operation, financial condition, or market development of the Cable System. Section 6. PAYMENT TO THE CITY. 1. Amount and Time. As compensation for the right, privilege and franchise herein conferred, the Grantee shall pay to the City each year during the term of this Franchise a sum equal to three percent (3%) of the Grantee's Gross Revenues for such year, or portion thereof. Such franchise fee payments shall be made quarterly on or before each May 30, August 30, November 30, and February 28, for the most recently ended quarter. At the time such payments are made, the Grantee shall file with the Director a financial report showing in detail the components of Gross Revenues of the Grantee during the preceding quarter or portion thereof. The City reserves the right to increase the franchise fee up to 5% of Grantee's Gross Revenues per year, upon providing Grantee 120 days prior written notice. 7 Ord. 98-2260 e ~Opy 2. Right of Inspection of Records. The Director shall have the right to inspect the Grantee's records to determine whether the payments to the City have been computed properly, and to audit and recompute any and all amounts paid under this Franchise. Said audits shall be conducted no more often than annually, and the audit period shall not be any greater than the previous three (3) years. The Director shall give thirty (30) days written notice to Grantee of any such inspection, including a list of documents and records desired for review. Grantee shall provide access to such documents and records at a local area office. No acceptance of payment shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable under this Franchise or for the perfonnance of any other obligation hereunder. 3. Other Payments to the City. The franchise fee payable hereunder shall be exclusive of, and in addition to, all ad valorem taxes, special assessments for municipal improvements, and other lawful obligations of the Grantee to the City. 4. Late Payment Penalty. Grantee shall pay a late penalty of twelve percent (12%) per annum, compounded daily, on franchise fee payments, or portions thereof, that are paid subsequent to the payment dates specified in Section 6(1) hereof. In the event the City identifies, as a result of an audit, amounts owed by the Grantee from prior periods, the Grantee shall pay a late penalty of ten percent (10%) per annum on the net underpaid amount identified, computed from the original due dates. Section 7. TERM OF FRANCmSE AND PERFORMANCE. 1. Term. Upon the filing with the City by Grantee of the written acceptance required herein, this Franchise shall be in full force and effect commencing sixty (60) days after its final passage and approval by the City Council and expiring ten (10) years after such effective date. 8 . Ord. 98-2260 e e "', C.. O"'lW5)~ " .~. ,'~ I' 2. Performance Evaluation. A. In order to assure that the Grantee is complying with the terms of this Franchise and the character, quality, and efficiency of service to be rendered, given, performed, and furnished under this Franchise, during the 3rd and 6th Anniversary Years of this Franchise the City Council may hold a public hearing or hearings for the purpose of reviewing the performance of the Grantee under the Franchise. B. At least sixty (60) days prior to any public hearing on this Franchise, the Director shall notify the Grantee in writing of the date, time and location of the hearing. Such notice shall also include any subjects the City would like Grantee to specifically report on at the hearing. Such subjects may include, but not be limited to: (i) compliance with the requirements regarding technical perfonnance and testing, as provided in Section 9 hereof; (ii) compliance with the requirements for the Cable System capacity, as provided in Section 8 hereof; (iii) compliance, with all requirements related to support for Public, Educational and Government Access Channels, as provided in Section 11 hereof; (iv) the development of new Cable Services; (v) any federal or state rulings relevant to the Franchise; (vi) a summary of all service interruptions during the preceding calendar year (other than scheduled interruptions or interruptions of a duration of less than two hours for all Subscribers or any interruptions which affected less than ten percent (10%) of all Subscribers); (vii) a summary of representative Subscriber complaints referred by the City during the preceding calendar year, including the number of Subscriber complaints received and the 9 Ord. 98-2260 e e C..O;...p:;......y\: .~ . .' . ,." '..I actions taken by the Grantee in response thereto; (viii) compliance with the FCC customer service standards; and/or (ix) a statement as to whether there has been any substantial change from information or plans previously provided to the City. C. At any such hearing, the Grantee shall be entitled to all the rights of due process consistent with the City procedures, including but not limited to, the right to present evidence and the right to be represented by counsel. D. Unless specifically waived by the City Council, attendance of the Grantee's duly authorized representative at these public hearings shall be mandatory. E. City Council shall hear any interested Persons during such hearings and shall determine whether Grantee did reasonably comply with the tenns and conditions imposed by this Franchise. F. All records and minutes of each of the perfonnance evaluation hearings shall be retained by the City Secretary and be available for inspection throughout the term of the Franchise. G. Following any public hearing, Grantee shall make available to the City within thirty days of a written request, any additional records, documents, or other information as may be reasonably relevant to the City Council's review of Grantee's compliance with this Franchise. H. This section shall not be construed' as limiting the City's right to monitor the Grantee's compliance with the terms of this Franchise at all times during the tenn of the Franchise and to hold pubiic hearings or take any other steps it deems appropriate. Section 8. SYSTEM CAPACITY. 10 Ord. 98-2260 e ~(Q)' P'V . .. .":,. . ,. "'" . .. ,. I,,.,, .".' . . - .,"' ".",. ) .~. .... '{ 1. The Grantee's Cable System shall provide a minimum capacity of seventy-five (75) video Channels throughout the tenn of the Franchise. 2. The Grantee's headend and all fiber hubs shall have standby power generators capable of operating in the standby mode for an indefinite period, and each fiber node shall be equipped with battery operated standby power units capable of operating a minimum of 1.5 hours in the standby mode. Section 9. OPERATIONAL STANDARDS. 1. Compliance with FCC Rules. Grantee shall comply with all present and future technical standards, testing requirements, consumer protection standards and consumer electronics compatibility regulations promulgated from time to time by the FCC pursuant to the Cable Act, and all other rules and regulations of the FCC in connection with and relating to the operation of Grantee's Cable System. 2. Technical Perfonnance. Throughout the term of this Franchise, the Grantee shall, at a minimum, operate and maintain the Cable System in accordance with all applicable technical perfonnance standards, regulations and guidelines of the FCC. Grantee shall periodically test the technical performance of the Cable System in accordance with all regulations and guidelines of the FCC. 3. Capable of Continuous Operation. The Grantee's Cable System shall be capable of being operated continuously, that is, twenty-four (24) hours per day. 4. ,Converter-Parental Lock; Selection of Signal Number. Upon Subscriber request, Grantee shall make available at a reasonable cost a Converter or other parental control device. Such device, if used properly, shall pennit the Subscriber to prohibit viewing of a particular Channel during periods selected by that Subscriber. Further, the Grantee shall provide information 11 Ord. 98-2260 e ~fR)~V ~~~ 11 periodically to Subscribers pertaining to the availability of parental control devices. 5. Standard of Care. Consistent with the Cable Act, the Grantee shall at all times employ a reasonable standard of care and shall install, maintain and use approved methods and devices for preventing failures or accidents which are likely to cause damage, injury or nuisance to the public. 6. No Obscenity. Cable Services that are obscene and not protected by the United States Constitution or otherwise unprotected by the. United States Constitution shall not be provided. 7. Customer Service. The Grantee shall provide good customer service in accordance with all regulations and guidelines of the FCC. Section 10. EMERGENCY USE OF THE CABLE SYSTEM. The Grantee shall comply with all rules and regulations of the FCC regarding emergency alert systems. Section 11. PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS. Initially the Grantee shal~ continue to provide one (1) downstream Channel on the Cable System for Public, Educational and/or Government Access programming. The Grantee shall provide up to a total of four (4) downstream Channels for the carriage of Public, Educational and Government Access programming, subject to the utilization thresholds below. Whenever each Access Channel is being used for nonrepetitive locally produced programming (excluding character generated programming) more than eighty percent (80%) of the hours between 11 a.m. and 11 p.m., during any twelve (12) consecutive week period, the Grantee shall, upon receipt of written notice from the City, make an additional Access Channel available within one hundred twenty (120) days. Whenever any Access Channel is utilized less than an average of eight (8) hours per day during any twelve (12) consecutive week period for the carriage of nonrepetitive locally produced non-character generated 12 Ord. 98-2260 e t:--o.. P'..":.V. "..D ' . .:.-: J.: :"i"- Public, Educational and/or Government Access.programming, the Grantee may utilize the unused Access Channel capacity. Notwithstanding the foregoing, the City shall always have the use of one Access Channel, regardless of whether the Channel meets the utilization threshold above. The City shall have the right at its discretion to allocate and reallocate the Channels amongst Public, Educational arid Government programming. The Grantee shall ensure that each Access Channel is of comparable quality, which includes the level of ingress interference, as with any other Channel in the VHF, UHF or FM frequency band. Section 12. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. The Grantee shall afford equal opportunity in employment to all qualified Persons. No Person shall be discriminated against in employment because of race, color, religion, national origin or sex. The Grantee shall establish, maintain and cany out a positive, continuing program of specific practices designed to assure equal opportunity in every aspect of its employment policies and practices. Section 13. FREE DROPS AND SERVICE TO SCHOOLS AND PUBLIC BUILDINGS. 1. Drops. The Grantee shall provide one free drop and free Basic Cable Service to the principal facility of all public and private non-profit schools and universities, and all City owned or leased and occupied facilities located within the Service Area as may be designated by the Director. If such drop is in excess of 500 aerial feet or 300 underground feet, the Subscriber shall reimburse the Grantee for its actual cost of time and materials in excess of the cost of said 500 aerial feet or 300 underground feet, whichever may be applicable. 2. Internal Wiring. Upon written request, the Grantee shall provide internal wiring to the buildings specified in Section 13(1) above, reimbursable at its actual cost of time and materials only, or, at the Subscriber's election, the Subscriber can install the internal wiring per the Grantee's 13 Ord. 98-2260 e COP"V .: .' "0 ... '". " .' .~_ ;~ .~. .n '. . /" . . ,. ~r1 .,.." "':. ~ ." .' ,'" specifications. Section 14. LIABILITY INSURANCE. 1. Minimum Coverage. Within thirty (30) days following the effective date of this Franchise, the Grantee shall file with the Director and shall maintain on file throughout the term of this Franchise a certificate of insurance for general liability and automobile liability issued by a company duly authorized to do business and issue insurance in the State of Texas insuring the Grantee with respect to the installation, maintenance, and operation of the Cable System, and naming the City as additional insured, in the following minimum amounts: A. One Person. One Million Dollars ($1,000,000) for bodily injury or death to anyone person per occurrence. B. One Accident. One Million Dollars ($1,000,000) for bodily injury or death . per occurrence. C. Property Damage. One Million Dollars ($1,000,000) per occurrence. 2. Notice of Cancellation or Reduction. Such certificate of insurance shall contain the provision that written notice of expiration, cancellation, or reduction in coverage of the policy shall be delivered to the Director and to the Grantee at least thirty (30) days in advance of the effective date thereof. 3. Term. Such liability insurance shall be kept in full force and effect by the Grantee during the existence of this Franchise and thereafter until after the removal of all poles, wires, cables, underground conduits, manholes, and other conductors and fixtures incident to the maintenance and operation of the Cable System, should such removal be required by the City or undertaken by the Grantee. Section 15. INDEMNIFICATION AND LIABILITY FOR DAMAGES. The Grantee 14 Ord. 98-2260 e ~, . 0'0" p;CYV", ,.' :i f:..;~ ;~.~. .OJ!. .... J, "... :. ".; shall pay, and by its acceptance of this Franchise specifically agrees that it win pay, the following: 1. Damages and Penalties. All damages or penalties which the City, its officers, agents or employees may legally be required to pay third parties as a result of damages arising out of copyright infringements and all other damages arising out of the installation, maintenance, or operation of the Cable System, whether or not any act or omission complained of is authorized, allowed or prohibited by this Franchise; and 2. Expenses. If any action or proceeding is brought against the City or any of its officers, officials or employees with respect to which payment may be sought for claims for damages or penalties as described in Section 15(1), the Grantee, upon written notice from the City, shall assume the investigation and defense thereof, including the employment of counsel and the payment of all expenses. 3. Separate Counsel. The City shall have the right to employ separate counsel in any such action or proceeding and to participate in the investigation and defense thereof. Grantee shall pay the reasonable fees and expenses of such separate counsel only if employed with the approval and consent of Grantee or if representation of both the Grantee and the City by the same attorney would be inconsistent with accepted canons of professional ethics. The Grantee shall not be liable for any settlement of any such claim, action or proceeding effected without its consent. The City shall give prompt notice to the Grantee of any claim, action or proceeding against it upon which the City may seek payment of damages or penalty by the Grantee hereunder. 4. Indemnity. Grantee, on behalf of its officers, assigns, agents, bonding companies, employees, and subcontractors (collectively the "Grantee"), hereby covenants and warrants that it will protect, defend, indemnify and hold hannless the City, its agents, assigns, legal representatives, employees and officers (collectively, "the City") from any and all fines, demands, judgments, 15 Ord. 98-2260 e e CO'. P'. V . '.:. .-, ~. .". ~:: ..~'..: .~ . ~., ~- ~ ~ liabilities or claims arising by reason of or in connection with: A. the actual or alleged errors, o~ssions, or negligent acts of Grantee relating to this Franchise, or B. any services or performances undertaken by Grantee to create or fulfill this Franchise, or C. any actual or alleged joint or concurrent negligent acts or omissions of the City and Grantee, in any way relating to this Franchise. It is expressly agreed that Grantee's liability under this indemnity clause is separate from its duties under the insurance provisions herein and shall not exceed $1,000,000 per occurrence, exclusive of costs of defending the City. Grantee may, where feasible and at its own discretion, acquire insurance to satisfy its obligations under this section. 5. The foregoing provisions notwithstanding, Grantee shall not indemnify the City for any damages, penalties or costs resulting from a) cablecasting any Public, Educational or Government Access programming in accordance with this Franchise, b) use of the Cable System's emergency alert service by the City and c) providing Cable Service to schools and public buildings in accordance with Section 13 herein. Section 16. COMPLIANCE WITH CITY, STATE AND FEDERAL LAWS. The construction, maintenance, and operation of the Cable System and all property of the Grantee subject to the provisions of this Franchise shall be subject to all lawful police powers, rules and regulations of general applicability that may hereafter be adopted by the City. Notwithstanding any other provision of this Franchise to the contrary, the Grantee shall at all times comply with all laws, rules, and regulations of the state and federal governments and any administrative agencies thereof. If any such state or federal law, rule or regulation shall require or permit the Grantee to perform any 16 Ord. 98-2260 e -C'''''' 0........... fP"" V' , ".'... ( :; " . .~. '. . . .. . . . -. . ....". . ", ", . _:~. .t~. ;;; service or shall prohibit the Grantee from perfonning any service in conflict with the provisions of this Franchise, the Grantee shall notify the Director in writing of the point of conflict believed to exist between such state or federal law, rule, or regulation and this Franchise, at such time as the conflict affects the performance of the Grantee under this Franchise. Section 17. MODIFICATIONS BY FCC. To the extent that any rules and regulations adopted by the FCC conflict with the tenns of this Franchise, it is specifica~ly agreed by the City and Grantee that this Franchise shall be deemed to be modified in accordance with such rules and regulations. Should the FCC lose or voluntarily abdicate regulatory jurisdiction over any aspect of cable television, the City shall be empowered to assume regulatory jurisdiction over any such deregulated aspects, provided that the City's regulation is not unreasonable or contrary to local, state or federal law. Section 18. CONDmONS OF STREET OCCUPANCY. 1. Use. AU structures, wires, cables, equipment and facilities erected or maintained by the Grantee within the City shall be located so as to cause minimum interference with the proper and intended use of the Streets and with the rights or reasonable convenience of the owners or occupants of property which adjoins any of such Streets. 2. Restoration. The surface of any Street disturbed by the Grantee in laying, constructing, maintaining, operating, using, extending, removing, replacing or repairing the Cable System shall be restored by the Grantee at each occurrence immediately after the completion of the work, at its cost and expense, to a condition better or reasonably comparable to that in existence before the commencement of the work and maintained by the Grantee to the satisfaction of the Director of Public Works for one year from the date of completion of such restoration work. No Street sha1l be encumbered by construction, maintenance, removal, restoration or repair work by the 17 Ord. 98-2260 e -c........, 0:'" ~"b;~ ;~~~ :1.." f; ~: li . . - Grantee for a longer period than shall be necessary to execute such work. In the event the Grantee, after notice, fails or refuses to restore and maintain the Streets after such excavations or repairs have been made, the City shall have the authority, but not the obligation, to restore or maintain such Streets and to require the Grantee to pay to the City the reasonable cost of such restoration or maintenance, all without compensation or liability for damages to the Grantee. 3. Removal or Relocation. The City shall have the power at any time to order and require Grantee to remove any of its facilities that are dangerous to life or property. If Grantee, after reasonable notice, fails or refuses to act, then the City, at the direction of the City Manager, shall have the power to remove or abate the same at the expense of Grantee, all without compensation or liability for damages to Grantee. Whenever by reason of the construction, repair, maintenance, relocation, widening, raising or lowering of the grade of any Street by the City or by the location or manner of construction, reconstruction, maintenance or repair of any public property, structure or facility by the City, it shall reasonably be deemed necessary by the City for the Grantee to move, relocate, change, alter, or modify any of its facilities or structures, such change, relocation, alteration, or modification shall be promptly made by the Grantee, at its cost and expense, when directed in writing to do so by the Director of Public Works, without claim for or right of reimbursement of cost or damages against the City. In the event the Grantee, after such notice, fails or refuses to commence, pursue or complete such relocation work within a reasonable time, the City shall have the authority, but not the obligation, to remove or abate such structures or facilities and to require the Grantee to pay to the City the reasonable cost of such removal or abatement, all without compensation or liability for damages to the Grantee. 4. Temporary Removal of Wire for Building Moving. Upon written request of any Person holding a building moving pennit issued by the City, the Grantee shall remove, raise or 18 e _ C.---:O,O ~-D--~- .~. 'U:'; ::~ :' ". . I . I.. . . ". l ~. ~: . Ord. 98-2260 lower its wires and cables temporarily to permit the moving of houses, buildings or other bulky structures. The reasonable expense of such temporary removal, raising or lowering shall be paid by the benefitted person, excluding the City, and the Grantee may require such payment in advance, the Grantee being without obligation to remove, raise or lower its wires and cables until such payment shall have been made. The Grantee shall be given not less than seven (7) days advance written notice to arrange for such temporary wire and cable adjustments. 5. Tree Trimming. The City Council may, from time to time, pass ordinances regulating the trimming or removal of trees on or along the City property and the Grantee shall comply with those ordinances. 6. Placement of Fixtures. The Grantee shall not place poles, towers or similar pxtures where the same will interfere with any gas, electric, or telephone fixtures, water hydrant or main, drainage facility or sanitary sewer, and all such poles, towers and similar facilities shall be placed as directed by the City and in such manner as not to interfere with the usual travel, use or visibility of the Streets. 7. Notice and Approval of Construction. Except in an emergency, Grantee shall not excavate any Street without first notifying the City Engineer, and, if approval is required it shall be given if the proposed excavation is in compliance with the requirements of City governance. The City Engineer or his designee shall be notified as soon as practicable regarding work performed under emergency conditions, and Grantee shall comply with any reasonable requirements of the City Engineer for the restoration of the Streets within the City. The Grantee shall provide complete plans and specifications for construction involving significant amounts of new buried cable and underground conduit systems within Streets to the City Engineer for his or her review at least thirty (30) days prior to the start of construction as required by City Code or the City's permitting 19 Ord. 98-2260 _ <i!@~v process. In the event of rejection, the Grantee shall resubmit plans and specifications for approval. This provision shall apply to each construction sequence if the construction is accomplished in phases. 8. Grantee's Employees to Wear Identification. Grantee's employees and the employees of Grantee's con~tors shall wear identification badges identifying them as employees or contractors of Grantee. Vehicles shall likewise be identified as those of the Grantee, or as belonging to a contractor of the Grantee. 9. Maps. The Grantee shall file with the City current strand and trench maps of the Cable System in the Service Area within ninety (90) days of the effective date of this Franchise, and files updates as made thereafter. Section 19. UNDERGROUND INSTALLATION. In portions of the Service Area having telephone lines and electric utility lines underground, whether required by ordinance or not, any and all of the Grantee's lines, cables, and wires shall also be underground. It shall be the policy of the City that existing poles for electric and communication purposes be utilized whenever possible and that underground installation, even when not required, is preferable to the placing of additional poles. Section 20. USE, RENTAL OR LEASE OF UTILITY POLES AND FACILITIES. There is hereby granted to the Grantee the authority to contract with the City or any appropriate board or agency thereof or wi~ the holder or owner of any utility franchise in the City for the use, rental or lease of its or their poles, underground conduits, and other structures and facilities for the purpose of extending, carrying, or laying the Grantee's wires, cables, electronic conductors, and other facilities and appurtenances necessary or desirable in conjunction" with the operation of the Cable System. The City agrees that any public utility owning or controlling such poles or 20 Ord. 98-2260 e e CC(Q)~V underground conduits may, without amendment to its franchise, allow, and is encouraged to allow, the Grantee to make such use thereof pursuant to any agreement reached between such utility and the Grantee. The Grantee shall notify the Director within thirty (30) days of receipt of any request by a third party, not holding a franchise from the City, to lease or otherwise use the Grantee's pole or conduit space. Section 21. RECORDS AND REPORTS. 1. Principal Office of the Grantee. The Grantee shall maintain a principal office in Harris County, Texas, as long as it continues to operate the Cable System or any portion thereof in the Service Area and hereby designates such office as the place to where all notices, directions, orders, and requests may be mailed, served, or delivered under this Franchise. The Director shall be notified of the location of such office and any change thereof. 2. Books of Account. The Grantee shall keep complete and accurate books of accounts and records of its business and operations under and in connection with this Franchise. All such books of accounts and records shall be accessible at the Grantee's principal office in the Service Area during regular business hours, upon thirty (30) days written notice. 3. Access by the City. The Director, or hislher duly designated officers, agents, or representatives, shall have access to all books of accounts and records of the Grantee as may be reasonably necessary for the purpose of ascertaining the correctness of any and all reports required by this Franchise. For purposes related to the enforcement of the Franchise, access shall be given by the Grantee to such officers, agents or representatives of the Director at all reasonable times to the Grantee's records of Gross Revenues, such of the Grantee's plans, contracts, engineering, planning, financial, statistical, customer and Subscriber service records relating to the properties and operation of the Cable System, and to all other records and reports required to be kept or which 21 Ord. 98-2260 e e cc;@~v are kept by the Grantee. The City agrees to treat any information disclosed by the Grantee as confidential and only to disclose it to employees, representatives and agtn~ thereof that have a need to mow, or in order to enforce the provisions hereof. The Grantee shall not be required to provide Subscriber information in violation of Section 631 of the Cable Act. 4. Annual Report. A report shall be tiled by the Grantee with the Director within sixty (60) days following the end of each calendar year, or portion thereof, during which this Franchise is in effect, which report shall include the Gross Revenues for such calendar year, or portion thereof, and the number of Subscribers as of December 31 of the preceding year. The report shall be certitied by an appropriate representative of the Grantee, and shall include any such other information as the Director may reasonably demonstrate as necessary to the enforcement of the terms of the Franchise The Director may audit the books and records of the Grantee to verify the amount of franchise fee owed and paid as weU as compliance with other provisions of this Franchise. 5. False Entry. Any false entry in the books or accounts and records of the Grantee or false statement in the reports to the City as to a material fact, knowingly made by the Grantee, shall constitute a violation of a material provision of this Franchise. 6. FCC Filings. The Grantee shall, upon request, file copies of all reports and filings made to the FCC with the Director. Section 22. PROHmITION OF DISCRIMINATORY PRACTICES. Access to Cable Service shall not be denied to any group of potential Subscribers because of the income of the residents of the local area in which such group resides or for any other reason. In providing Cable Service, Grantee shall not discriminate in any way between or among Subscribers. This section shall not be construed to require the Grantee to serve individual Subscribers that do not pay the 22 Ord. 98-2260 e e ~CQ)~V Grantee's regular charges in a timely manner, or to prohibit the charging of deposits to individual Subscribers with poor credit histories, or to preclude promotional campaigns intended to attract or maintain Subscribers, as long as such campaigns are non-discriminatory in nature. Section 23. RENEWAL. Grantee and the City agree that franchise renewal proceedings shall be governed by the Cable Act (47 U.S.C. ~ 546) or other law applicable at the time of renewal. Section 24. VALUATION. This Franchise is granted subject to the lawful provisions of Article VII, Section 7.01, of the City Charter, which provisions are made a part hereof and incorporated herein by reference. If the City should elect to exercise its rights to eminent domain under such Charter provisions, payment of a fair valuation, which shall be the then current fair market value, or such payment as required by the Cable Act, if applicable, shall be required. Should the parties fail to agree upon the then current fair market value, the same shall be determined in an appropriate proceeding filed in any court having jurisdiction. Section 25. MATERIAL BREACH OF FRANCHISE. In addition to all rights and powers of the City by virtue of this Franchise or otherwise, the City reserves as an additional and as a separate and distinct power the right to take any of the actions described in Section 26 in accordance with the procedures specified therein if any of the following events occur or for any of the following reasons: 1. the Grantee, by act or omission, violates any material term, condition, or provision of this Franchise; 2. the Grantee knowingly or willingly attempts to evade any material provision of this Franchise; 3. the occurrence of any event which may reasonably lead to the foreclosure or other 23 Ord. 98-2260 It e C(Q)[PDV similar judicial or nonjudicial sale of all or any material part of the Cable System; 4. in the event that the Grantee suspends or discontinues its business, makes an assi~ent for the benefit of creditors, fails to pay its debts generally as they become due, becomes insolvent (howsoever such insolvency may be evidenced), is adjudicated insolvent, petitions or applies to any tribunal for, or consents to, the appointment of, or taking possession by, a receiver, custodian, liquidator or trustee or similar official, or a similar process is undertaken by any tribunal against all or a material part of the Cable System; or 5. the Grantee attempts to or does practice any fraud or deceit in its conduct or relations under this Franchise with the City, Subscribers or potential Subscribers. Section 26. NOTICE OF DEFAULT; OPPORTUNITY TO CURE. I. Notice of Default. The City Council shall exercise the rights provided in Section 26(2) hereof in accordance with the procedures set forth below: A. The Director shall notify the Grantee, in writing, of an alleged failure to comply with a material provision of this Franchise, which notice shall specify the alleged failure with reasonable particularity. The Grantee shall, within thirty (30) days after receipt of such notice or such longer period of time as the Director may specify in such notice, either cure such alleged failure or, in a written response to the Director, either present facts and arguments in refutation or excuse of such alleged failure or state that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. B. The Director shall determine (i) whether a failure to comply with a material provision has 9ccurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or wil1 be cured by the Grantee. The Grantee shall make available to the Director, if requested, any records, documents or other information necessary to make the determination. 24 e e C(Q)~V 98-2260 C. If the Director detennines that a failure to comply with a material provision has occurred and that such failure is not excusable and has not been or will not be cured by the Grantee in a manner and in accordance with a schedule reasonably satisfactory to the Director, then the Director shall so notify the City Council in a written report which may recommend action to be taken by the City Council. The Director shall provide notice and a copy of such report to the Grantee. In the event that the Director detennines that such failure has not occurred, or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Director, or that such failure is excusable, such detennination shall conclude the investigation. D. After receipt of such report from the Director, or at any time upon its own motion, the City Council may take any of the actions provided in Section 26(3) hereof, provided that if the City Council acts on its own motion it shall follow the procedural steps set forth in Sections 26(1)(A-C) hereof. 2. Method of Revocation. Any such tennination and cancellation of this Franchise shall be by ordinance adopted by the City Council; provided, however, before any such ordinance is adopted, the Grantee must be given at least forty-five (45) days advance written notice, which notice shall set forth the causes and reasons for the proposed termination and cancellation, shall advise the Grantee that it will be provided an opportunity to be heard by the City Council regarding such proposed action before any such action is taken, and shall set forth the time, date and place of the hearing. In no event shall such hearing be held less than forty-five (45) days following delivery of such notice to the Grantee. At the hearing, the Grantee shall be entitled to all the rights of due process consistent with the City procedures, including but not limited to, the right to present evidence and the right to be represented by counsel. 25 e _ cc@~v 98-2260 3. City Council Action in Event of Breach. In the event that grounds exist which give the City reason to believe that the Grantee fails to comply with a material provision of this Franchise, as provided in Section 25 hereof, then, in accordance with the procedures provided in Section 26(1) hereof, the City Council may, at any time during the term of this Franchise, to the extent lawful: A. Seek specific perfonnance which reasonably lends itself to such remedy, as an alternative to damages; or B. Seek monetary damages from the Grantee as compensation for such material breach; or C. Assess liquidated damages of up to $100 per day for any violations which cause equitable damage to the City and for which no other remedy is provided herein; or D. In the event that the Grantee does not cure the breach of the Franchise, or the City Council does not elect to seek monetary damages from the Grantee or the Grantee does not agree to pay such damages, then, as an altemative to taking the action referred to above, the City Council may revoke the Franchise. Section 27. RATES AND OTHER CHARGES. 1. Authority Reserved. The City reserves. the right to regulate rates and charges for Cable Services, including .Basic Service, to the extent allowed by local, state and federal laws as they exist now or may hereafter be amended. It is expressly agreed by the parties that, for purposes of rate regulation, Service Area shall mean the same as Franchise Area as that term is used in the Cable Act of 1992 in determining effective competition. 2. Rate Schedule. The rates and charges for all Cable Services, including installation fees and other one-time charges, .shall be maintained on file with the City. The Grantee shall 26 98-2260 e e ~CQ)~y provide new rate schedules to the Director and to each Subscriber at least thirty (30) days prior to any change in any rate, tenn or condition of any Cable Service offered on the Cable System. 3. Equitable Discounts. If Grantee offers any non-promotional Cable Service discounts, such as rate reductions for senior citizen or low-income Subscribers, withIn the City of South Houston, the City of Pasadena, the City of Deer Park, the City of Morgan's Point, or the City of Shoreacres, Grantee agrees to offer the same such discount to Subscribers in the City. Nothing herein shall require Grantee to offer the same base rates within the communities noted above. Furthermore, Grantee shall not required to offer the discount within the City if it is not currently available to Subscribers in the above-named communities, but only "grandfathered" as a previously-offered discount. Should Grantee offer such a discount in the City, Grantee shall notify Subscribers of the discount and the criteria for qualifying for such discount at the implementation of such discount, upon installation, upon request, and at least once a year. 4. Reduction. Rates and charges may be reduced at any time without thirty (30) days notice being provided. The Grantee shall, as a courtesy, however, advise the Director at least fourteen (14) days prior to the reduction becoming effective when within Grantee's control. When temporary reductions are put into effect for promotional purposes for a specified time period, the Grantee is not'required to provide notice to the City of a rate change. The return to the rates on file with the City shall not be considered a rate increase for purposes of this section. Section 28. FORCE MAJEURE. Notwithstanding any other provision of this Franchise, the Grantee shall not be liable for delay in performance of, or failure to perform, in whole or in part, its obligations' pursuant to this Franchise due to Force Majeure. In the event that any such delay in performance or failure to perfonn affects only part of the Grantee's capacity to perform, the Grantee shalJ perform to the maximum extent it is able to do so and shall take all steps within its power to 27 98-2260 e _ ~OPV correct the Catise(s) of the delay or failure of performance. The Grantee agrees that in correcting such cause(s), it shall take all reasonable steps to do so in as expeditious a manner as possible. The Grantee shall notify the Director in writing of the occurrence of an event covered by this Section 28 within five (5) business days of the date upon which the Grantee learns of its occurrence, and describe all actions the Grantee has undertaken to mitigate such Force Majeure. Section 29. ASSIGNMENT OF FRANCmSE. 1. Prohibition. The rights, privileges, and franchise granted hereunder may not be assigned, in whole or in part, without the prior consent of City expressed by resolution or ordinance, and then only under such conditions as may therein be lawful1y prescribed. No assignment in law or otherwise shall be effective until the assignee has filed with the Director an instrument, duly executed, reciting the fact of such assignment, accepting the terms of this Franchise, and agreeing to comply with all of the applicable provisions hereof. A mortgage or other pledge of assets in a bona fide lending transaction shall not be considered an assignment. 2. Process. Upon receipt of such request from Grantee, the Director shall diligently investigate the request in a timely manner and place the request on the City Council agenda at the earliest practical time. The City Council shall proceed to act on the request within a reasonable period of time. 3. Scope of Review. In reviewing a request for assignment, the City may inquire into the legal, technical and financial qualifications of the prospective assignee, and Grantee shall assist the City in so inquiring. The City may condition said assignment upon such tenns and conditions as it deems reasonably necessary, provided its approval and any such terms and conditions so attached shall be related to the legal, technical, and financial qualifications of the prospective assignee as well as Grantee's compliance with the terms of this Franchise. The City shall not 28 98-2260 e e C(Q)[j9)V unreasonably withhold its approval. 4. Assignments not Requiring Approval. Notwithstanding anything to the contrary, the prior approval of the City shall not be required for any assignment to an entity controlling, controlled by or under the same common control as Grantee, as long as such entity has expertise in the operation of a Cable System. Grantee shall demonstrate that the assignee has the financial resources necessary to fulfill the requirement of the Franchise, as well as Grantee's compliance with the tenns of this Franchise. Grantee shall give written notice to the Director of such assignment Section 30. THE GRANTEE TO HAVE NO RECOURSE. 1. Requirements and Enforcement Except as expressly provided herein, and subject to applicable law, the Grantee shall have no monetary recourse against the City for any loss, cost, expense or damage arising out of the provisions or requirements of this Franchise or because of the enforcement thereof by the City or because of the lack of the City's authority to grant all or any part of this Franchise. 2. The Grantee's Understanding. The Grantee expressly acknowledges that in accepting this Franchise, it relied solely upon its own investigation and understanding to the power and authority of the City to grant this Franchise and the Grantee was not induced to accept this Franchise by any understanding, promise, or other statement, verbal or written, by or on behalf of the City, or by any third person concerning any tenn or condition not expressed herein. 3. Construction of Franchise. By acceptance of this Franchise, the Grantee acknowledges that it has carefully read the provisions hereof and is willing to and does accept all of the risks of the meanings of such provisions, subject to applicable law. Section 31. ACCEPTANCE OF FRANCHISE. Within thirty (30) days following the final passage and approval of this Franchise, the Grantee shall file with the City Secretary a written 29 _ e c@~~ 98-2260 statement in the following form signed in its name and behalf: "To the Honorable Mayor and the City Council of the City of La Porte, Texas: For itself, its successors and assigns, Tele-Vue Systems, Inc., a Washington Corporation, hereby accepts the attached Franchise and agrees to be bound by all of its terms, conditions and provisions, subject to applicable law. Tele- Vue Systems, Inc. By: Name: Title: Dated this the _ day of ,199_." Section 32. SEVERABILITY. If any provision, section, subsection, sentence, clause, or phrase of this Franchise is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the remaining portions of this Franchise. It is the intent of the City in adopting this Franchise that no portion or provision thereof shall become inoperative or fail by reason of any invalidity or unconstitutionality of any other portion or provision, and to this end all provisions of this Franchise are declared to be severable. Section 33. PASSAGE AND EFFECTIVE DATE. This Franchise having been published as required by Article VII, Section 7.01 of the City Charter shall take effect and be in force from and after sixty (60) days following its final passage and approval, and receipt by the City of Grantee's acceptance filed pursuant to Section 31. Upon the effective date of this Franchise, any Ordinance or Resolution extending the provisions of Ordinance 1775 beyond the effective date of this Franchise is superseded. 30 e . CCQ)~V 98-2260 Section 34. COMPLIANCE WITH FRANCmSE. In any dispute, claim or proceeding pursuant to this Franchise, the Grantee shall have the burden of demonstrating its compliance with each tenn and condition of this Franchise for all purposes. Section 35. ENTIRE AGREEMENT. This Franchise embodies the entire understanding and agreement of the City and the Grantee with respect to the subject matter hereof and mergers and supersedes all prior representations, agreements, and understandings, whether oral or written, between the City and the Grantee with respect to the subject matter hereof, including, without limitation, all prior drafts of this Franchise and any and all written or oral statements or representations by any official, employee, agent, attorney, consultant or independent contractor of the City or the Grantee. Section 36. NOTICES. Every notice, order, petition, document, or other direction or communication to be served upon the City or the Grantee shall be deemed sufficiently given if sent by registered or certified mail, return receipt requested. Every such communication to the Grantee shall be sent to: Tele- Vue Systems, Inc. Attn: General Manager 4201 FM 1960 Houston, TX 77060 Every such coinmunication to the City or the City Council shall be sent to the City Manager. The mailing of such notice, direction or order shall be equivalent to direct personal notice and shall be deemed to have been given the earlier of receipt or three (3) business days after it was mailed. Grantee and the City may change such notice address by giving written notice to the other party. Section 37. ADDITIONAL REPRESENTATIONS AND WARRANTIES. In addition to the representations, warranties and covenants of the Grantee to the City set forth elsewhere herein, the Grantee represents and warrants to the City and covenants and agrees (which 31 e e ~CQ)~V 98-2260 representations, warranties, covenants and agreements shall not be affected or waived by any inspection or examination made by or on behalf of the City) that, as of the closing and throughout the term of this Franchise: 1. Organization, Standing and Power. The Grantee is a corporation duly organized, validly existing and in good standing under the laws of the State of Washington and is duly authorized to do business in the State of Texas and in the City. The Grantee has all requisite power and authority to own or lease its properties and assets, to conduct its businesses as currently conducted and to execute, deliver and perform this Franchise and all other agreements entered into or delivered in connection with or as contemplated hereby. 2. Compliance with Law. The Grantee is, to the best of its knowledge, in compliance with all laws, ordinances, decrees and governmental rules and regulations applicable to the Cable System and has obtained all government licenses, pennits and authorizations necessary for the operation and maintenance of the Cable System. 3. Full Disclosure. Without limiting the specific language of any other representation and warranty herein, all information furnished by the Grantee to the City in connection with this Franchise, or otherwise related to cable television matters by authorized officers of the Grantee, to the best of the Grantee's knowledge is accurate and complete in all material respects, and includes all material facts required to be stated therein and does not contain any untrue statement of a material fact or omit any material fact necessary to make the statements therein not misleading. There is no fact known to the Grantee, to the best of its knowledge, which materially and adversely affects or in the future could reasonably be expected to materially and adversely affect the business, operations, properties, assets or financial condition of the Cable System, or any part thereof, which has not been set forth in this Franchise or the other documents, certificates, and instruments 32 98-2260 e _ ~CQ)tPV delivered to the City by or on behalf of the Grantee specifically for use in connection with the transactions contemplated by this Franchise. Section 38. BINDING EFFECT. This Franchise shall be binding upon and inure to the benefit of the parties hereto and their respective successors and pennitted transferees and assigns. All of the provisions of this Franchise apply to Grantee, its successors, and assigns, subject to applicable law. Section 39. NO WAIVER; CUMULATIVE REMEDIES. No failure on the part of the City to exercise, and no delay in exercising, any right hereunder shan operate as a waiver thereof, nor shall any ,single or partial exercise of any such right preclude any other right, all subject to the condi~ons and limitations established in this Franchise. The rights and remedies provided herein are cumulative and not exclusive of any remedies provided by law, and nothing contained in this Franchise shan impair any of the rights of the City under applicable law, subject in each case to the terms and conditions of this Franchise. A waiver of any right or remedy by the City at anyone time shall not affect the exercise of such right or remedy or any other right or other remedy by the City at any other time. In order for any waiver of the City to be effective, it must be in writing. The failure of the City to take any action in the event of a material breach by the Grantee shall not be deemed or construed to constitute a waiver of or otherwise affect the right of the City to take any action pennitted by this Franchise at any other time in the event that such material breach has not been cured, or with respect to any other material breach by the Grantee. Section 40. NO OPPOSITION. The Grantee agrees that it shan not oppose the intervention by the City in any suit, action, or proceeding involving the Grantee with respect to the Cable System or its operation or any material provision of this Franchise. Section 41. NO AGENCY. The Grantee shall conduct the work to be performed pursuant 33 98-2260 . e CCQ)f}VW to this Franchise as an independent contractor and not as an agent of the City. Section 42. GOVERNING LAW. This Franchise shaU be deemed to be executed in the City of La Porte, State of Texas, and shall be govemed in aU respects, including validity, interpretation and effect, and construed in accordance with the laws of the State of Texas, as applicable to contracts entered into and to be perfonned entirely within that State, and in accordance with federal law . Section 43. SURVIVAL OF REPRESENTATIONS AND WARRANTIES. All representations and warranties contained in this Franchise shall survive the term of the Franchise. Section 44. MODIFICATION. Except as otherwise provided in this Franchise or applicable law, no provision of this Franchise shall be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the City and the Grantee, which amendment shall be authorized on behalf of the City through the adopting of an appropriate resolution or ordinance by the City Council, as required by applicable law. PASSED first reading this the r:yJ- day of ~ 1998. PASSED second reading this the _ day of , 1998. CITY OF LA PORTE ATTEST: Martha A. Gillett City Secretary 34 e 98-2260 EtJ~ Knox w. Askins City Attorney e 35 C(Q)[P)V . e ~CQ)[PW THE COMMUNICATIONS ACT OF 1934, AS AMENDED TITLE VI - CABLE COMMUNICATIONS SEC. 626. RENEWAL. (a)(l) A franchising authority may, on its own initiative during the 6-month period which begins with the 36th month before the franchise expiration, commence a proceeding which affords the public in the franchise area appropriate notice and participation for the purpose of (A) identifying the future cable-related community needs and interests, and (B) reviewing the performance of the cable operator under the franchise during the then current franchise term. If the cable operator submits, during such 6-month period, a written renewal notice requesting the commencement of such a proceeding, the franchising authority shall commence such a proceeding not later than 6 months after the date such notice is submitted. (2) The cable operator may not invoke the renewal procedures set forth in subsections (b) through (g) unless notice; or. (A) such a proceeding is requested by the cable operator by timely submission of such (B) such a proceeding is commenced by the franchising authority on its own initiative. (b)(l) Upon completion of a proceeding under subsection (a), a cable operator seeking renewal of a franchise may, on its own initiative or at the request ofa franchising authority, submit a proposal for renewal. (2) Subject to Section 624, any such proposal shall contain such material as the franchising authority may require, including proposals for an upgrade of the cable system. submitted. (3) The franchising authority may establish a date by which such proposal shall be (c)( 1) Upon submittal by a cable operator of a proposal to the franchising authority for the renewal of a franchise, pursuant to subsection (b) the franchising authority shall provide prompt public notice of such proposal and, during the 4-month period which begins on the date of the submission of the cable operator's proposal pursuant to subsection (b), renew the franchise or, issue a preliminary assessment that the franchise should not be renewed and, at the request of the operator or on its own initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding, in accordance with para. (2) to consider whether (A) the cable operator has substantially complied with the material tenns of the existing franchise with applicable law; (B) the quality of the operator's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix or quality of cable services or other services provided over the system, has been reasonable in light of community needs; (C) the operator has the fInancial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the operator's proposal; and (D) the operator's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests. (2) In any proceeding under para. (1), the cable operator shall be afforded adequate notice and the cable operator and the franchise authority, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence {including evidence related to issues raised in the e e G@[fi>1f proceeding under subsection (a)), to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding. (3) At the completion of a proceeding under this subsection, the franchising authority shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the cable operator. Such decision shall state the reasons therefor. (d) Any denial ora proposal for renewal that has been submitted in compliance with subsection (b) shall be based on one or more adverse fmdings made with respect to the factors descn'bed in subparagraphs (A) through (D) of subsection (c)(l), pursuant to the record of the proceeding under subsection (c). A franchising authority may not base a denial of renewal on a failure to substantially comply with the triaterial tenns of the franchise under subsection (c)(I)(A) or on events considered under subsection (c)(I)(B) in any case in which a violation of the franchise or the events considered under subsection (c)(l)(B) occur after the effective date of this title unless the franchising authority has provided the operator with notice and the opportunity to cure, or in any case in which it is documented that the franchising authority has waived its right to object, or the cable operator gives written notice of a failure or inability to cure and the franchising authority fails to object within a reasonable time after receipt of such notice. (e)(l) Any cable operator whose proposal for renewal has been denied by a fmal decision of a franchising authority made pursuant to this section, or has been adversely affected by a failure of the franchising authority to act in accordance with the procedural requirements of this section, may appeal such fmal decision or failure pursuant to the provisions of Section 635. (2) The court shall grant appropriate relief if the court fmds that (A) any action of the franchising authority, other than harmless error, is not in compliance with the procedural requirements of this section; or (B) in the event of a fmal decision of the franchising authority denying the renewal proposal, the operator has demonstrated that the adverse fmding of the franchising authority with respect to each of the factors descnbed in subparagraphs (A) through (D) of subsection (c)(l) on which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding conducted under subsection (c). (f) Any decision of a franchising authority on a proposal for renewal shall not be considered fmal unless all administrative review by the State has occurred or the opportunity therefor has lapsed. (g) For pwposes of this section, the term "franchise expiration" means the date of the expiration of the term of the franchise, as provided under the franchise, as it was in effect on the date of the enactment of this title. (h) Notwithstandine the Drovisions of subsections (a) throu2h (2) of this section. a cable ODerator mav submit a DroDosal for the renewal of a franchise Dursuant to this subsection at anv time. and a franchisine authority mav. after atTordine the DubHc adeauate notice and onnortunitv for comment ~nt or denv such proDosal at any time (inc1udine after Droceedines DUfSUant to this section have commenced). The provisions of subsections (a) through (g) of this section shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections (a) through (g). (i) Notwithstanding the provisions of subsections (a) through (h), any lawful action to revoke a cable operator's franchise for cause shall not be negated by the subsequent initiation of renewal proceedings by the cable operator under this section. - - ~CQ)~V THE COMMUNICATIONS ACT OF 1934, AS AMENDED TITLE VI - CABLE COMMUNICATIONS SEc.611. CABLE CHANNELS FOR PUBLIC, EDUCATIONAL, OR GoVERNMENTAL USE. (a) A franchising authority may establish requirements in a franchise with respect to the designation or use of channel capacity for public, educational, or governmental use only to the extent provided in this section. (b) A franchising authority may in its request for proposals require as part of a franchise, and may require as part of a cable operator's proposal for a franchise renewal, subject to Section 626, that channel capacity be designated for public, educationa~ or governmental use, and channel capacity on institutional networks be designated for educational or governmental use, and may require rules and procedures for the use of the channel capacity designated pursuant to this section. (c) A franchising authority may enforce any requirement in any franchise regarding the providing or use of such channel capacity. Such enforcement authority includes the authority to enforce any provisions of the franchise for services, facilities, or equipment proposed by the cable operator which relate to public, educational, or governmental use of channel capacity, whether or not required by the franchising authority pursuant to subsection (b). (d) In the case of any franchise under which channel capacity is designated under subsection (b), the franchising authority shall prescnbe (I) rules and procedures under which the cable operator is permitted to use such channel capacity for the provision of other services if such channel capacity is not being used for the pwposes designated, and (2) rules and procedures under which such permitted use shall cease. (e) Subject to Section 624(d), a cable operator shall not exercise any editorial control over any public, educational, or governmental use of channel capacity provided pursuant to this section, except a cable operator may refuse to transmit any public access program or portion of a public access program which contains obscenity, indecency, or nudity (f) For purposes of this section, the term "institutional network" means a communication network which is constructed or operated by the cable operator and which is generally available only to subscnbers who are not residential subscnbers. e 178.302 RequJred recordkeeplDI tor mU11t-earr7 PU!'p08es. (a) Effective JUDe 17. 1993, the opera- tor ot every cable televialon aystem ahall maintain for public inspection file containing a liat of all broadc television atations carried by Ita a - tem in tnlfillment of the must.- requirements pursuant to 178.58. liat shal1include the callalgn, co nity of lieenae, broadcast channe um- ber, cable channel number. and n the case of a noncommercial edu tlonal broadcast station, whether tha station waa carrled by the cable a tern on March 29, 1990. (b) The operator of every ble tele- vision aystem shall matntai for publio inapection the d8'lllgnation d location of ita principal headend. (c) Suoh recorda must maintained in accordance with the rovislona of 1 78.305(b). (4) Upon written penon, &. cable operat provide the liat of si paragraph (a) of thla within 30 days of queet. [58 P'R 1'l38f. .,.pr. 2. 1 eat from any la required to e apecifted In ction In writing elpt of such re- . 78JICMS Recordll be maintained l~ callY cable 8JlItem operators tor publlo on. (a) Record3 to b mahttalned. The oper- ator of every ble televialon system having 1,000 0 more llubacriber1l shall maintain for ubllc Inspection a Ole containing a opy of all recorda which are required be kept by 178.207 (p0- litical Ole); 8.221(0 (sponsor1lhlp Iden- tiftcationa). 78.79 (EEO recorda avail- able for bUc inspection); 78.225(c) (commeri recorda for children's pro- grammin ; 78.801(c) (proof-of-perform- ance tea data); 78.601(e) (aignal leak- age 10 and repair recorda) and 178.701( )(recorda for leased acce88). (1) record shall be kept of each test and tivation of the Emergency Alert Syst (EAS) procedurea pursuant to the quJrement of part 11 of this chap- ter and the EAS Operating Handbook. e records shall be kept for three YarB. (2) [Reserved) (b) Locatfon of TeCOTcU. The public in- spection file shall be maintained at the office which the system operator main- 46 e ~@~V ns for the ordinary collection of aub- riber chargee, resolution of BU' scriber comp1a.1nta, and other busln or at any acee_ble place In the co - munity served by the aystem a) (such aa a public regtatry for cu- menta or an attorney's omee) The pubUc lnapection me aha1l be a lable for public lnapection at any ti e dur- ing regular business hounl. (c) The recorda epec111ed In ph (a) of thJa section ahal1 be re eel for the period apec111ed in H 78. . 78.221(1), 78.79, 78.225(e), 78.801(c). 78.801(0), respectively. (d) Reproduct1on of Tee . Copies of any material In the pub e Inspection file ahall be available ~ machine re- production upon requ made In per- aon, provided the. ueating party shall pay the reasons. e coat of repro- duction. Requesta fo machine coplea shall be f'U11llled at location spec111ed by the system ope tor. within a rea- sonable period of tme, whioh In no event shall be 10 r than seven days. The system ope r fa not required to ho~or requeats e by ma.U but inay do so It It choo (Sees. 2, 3. t. a. 48 Stat.. &II nded. 1064. 1085. 1088. 10811. 1081. 1082. 1ll83. 084. 1085. loea. 10119; (41 U.B.C. 152. 153. 154. 1 .301. 3lI3. 3m. 308. 309. 315. 317)) [39 n 29188. q. 14. lint. &II amended at 40 FR 25024. J e 12, 1m: 42 P'R 19St9. Apr. 13- 1977: 51 FR . J~ 22. 1988; 58 P'R 19817, Apr. 29. 1 : 51 P'R 11001. Apr. 1. 19112; ell I!'R 'l993. Feb. 1. 1993: S8 P'R 6'7103. Dec. 28. 19M) . 178.307 System lDspectlon. The operator or a cable televia10n syste shall make the system, Ita pub- lic napectlon ftle (If' required by 178. ), and Ita recorda of lIubscribers av lab Ie for lnapectlon upon request b any authorized representative of the C mmJllSlon at any reasonable hour. n 1934l1. Apr. 13. 1&771 178.309 Customer service obUptlono. (a) A cable franchise authority may enforce the customer service standards set forth In paragraph (c) of this sec- tion against cable operators. The fran- chise authority must provide af!'ected cable operators ninety (90) days writ- ten notice or Ita Intent to enforce the standards. r e (b) Nothing in this rule should be cOlUltrued to prevent or prohibit: (1) A franchising authority and a cable operator trom &I1'gelng to cus- tomer service requirements that ex- ceed the standards set forth In para.- rraph (0) of this section; (2) A franchJaing authority from en- forcing, through the end of the fran- chise term, ~x1ating customer serv- Ice requirements that exceed the stand- a.rda set forth in paragraph (0) of th1a seotion and are contained In current franchise acreements; (3) Any State or any franchilling au- thority from enacting or enforcing any consumer protection law, to the extent not speoffIcally preempted herein; or (4) The establishment or enforcement of any State or municipal law or regu_ lation concerning customer service that Imposes customer service require- ments that exceed. or addreea matters not addresaed by the standarda set forth in paragraph (c) of this section. (0) Effective July I, 1993, a cable op- erator IIh&U be subject to the ton owing oustomer service stand&rda: (1) Cable sY'lltem oMce hours and telephone ava1labll1ty- (i) The cable operator Will maintain a local, toll-free or collect call telephone &ccea line which will be av&flable to Its subacribers 24 hours a day, seven days & week. (A) TraIned compe.ny representatives will be available to respond to cus- tomer telephone Inqulrfee dW'lng nor- ma.!. bualne8ll hours. (B) After normal buslne88 holU'll, the acceu line m&y be answered by a serv- Ice or an automated response system, Including an answering machine. In- quirfes received alter normal buslneu hours must be responded to by a trained company representative on the next bualnesa day. (U) Under normal operating condi- tions. telephone answer time by a cus- tomer representative. Including walt time, sha.11 not exceed thirty (30) sec- onds when the connection Is made. U the call needs to be trans1'erred, trana- 1'er time shall not exceed thirty (30) seconds. These standa.rda shall be met no less than ninety (90) percent 01' the time under nonnal operating condi- tions. measured on a quarterly basis. 47 e C@[PV (m) The operator will not be required to acquire equipment or perform sur- veY'll to measure compliance with the telephone answering st&ndarda above unlea lLD historical record of com- pla1nte Indicates a clear t'allure to com- ply. (iv) Under normal operating condi- tions, the customer wUl receive a busy IIignalleaa than three (3) percent ot the time. (v) Customer service center lLDd bUl payment locations wUl be open at least ctarIng normal bualneas hours and will be convenlt>ntly located. (2) Installations, outages lLDd service C&lls. Under normal operating condi- tions, each of the tollowing tour stand- ards Will be met no lees than ninety fIve (95) percent of the time mea.aured on a quarterly bUIa: (1) Standard lnatallatlons Will be per- tonned within seven ('7) buslnellll days alter an order baa been placed. "Stand- ard" lnatall&tiona are those that are located up to 125 teet from the exlatlng d1strtbutlon II18tem. (11) Excluding conditions beyond the control of the operator, the cable oper-eator will begin working on "service InterruptiolUl" promptly and In no event later than 24 hours alter the interruption becomes knoWD. The cable operator must begin actions to co~t other service problema the next buai- nea d&:v &f'ter notifIcation of the serv- Ice problem. (Ul) The "appointment window" al- ternatives for Installations, service calls. lLDd other Installation activities will be either a specUlc time or, a.t m&Z1mwn, a 1'our-hour time block dur- Ing normal business hours. (The opera- tor may schedule service calls and other lnatallatlon activities outside of normal bualneas hours 1'01' the exprea convenience of the customer.) (iv) An operator may not cancel an appointment with a customer after the close ot bualnellll on the buslnesa d&y prior to the scheduled appointment. (v) It a cable operator representative Is running la.te 1'01' an appointment with a customer and wUl not be able tc) keep the appointment as scheduled. the customer wUl be contacted. The ap- pointment will be rescheduled. u nec- ell8ary, at a time which is convenient tor the customer. e 48 (3) Communications between cable operators and cable subscriber&- (1) Notll1catlons to subscriber&- (A) The cable operator ahall provide written 1ntormation on each of the fol- IowiDe' areas at the time at lnatallation of service, at leut annWLlly to a.ll sub- scribers, and at any time upon request: (1) Products and services oaered; (2) Prices anel options tor program- ming services and conditions of sub- acription to progra.mming and other services; (3) lDat&llation anel service ma1nte- DAnce policies; (4) Instructions on how to use the cable service; (5) Cha.nnel positions programming carried on the system; and, (8) Bll11ng and compla.1nt procedures, Includinr the addresa and telephone number ot the local tn.nchise authority's cable omce. (B) CUstomers w1ll be Dot111ed ot any changes In rates, programming services or channel positions as soon as pemble In writing. Notice must be riven to subscribers a m1n1mum ot thirty (30) days in advance ot such changes 1C the chaDp 1a within the control of the cable operator. In addition, ths cable operator sh&l1 nowy subscribers thirty (30) days In advance ot any a1gn111cant chaDps in the other Information re- quired by paragraph (c)(3)(I)(A) of this section. Notwithstanding any other provia1on of Part 78, a cable operator shall not be required to provide prior notice of any rate change that Is the result ot a regulatory ree, franchise ree. or any other tee. tax. &88etl8ment. or charge at any ldnd Imposed by any Federal agency, State, or (ranchislng authority on the transaction between the operator and the subacriber. (11) B11l1ng- (A) BUls will be clear. concise and understandable. BUls must be Cully Itemized. with Itemizations including, but not limited to, bulc and premium service charges and equipment charges. BUla will also clearly delineate all ac- tivity during the bUllng period. Includ- Ing optional charges. rebates and cred- its. (B) In case or a bUlinI' dispute, the cable operator must respond to a writ- ten complaint Crom a subscriber within 30 days. e ~(Q!JPV (111) Refunds-Refund checks wUl be Issued promptly, but no later than el- ther- (A) The customer's,next bllllng cycle followiDe' resolution of the request or thirty (30) days, whichever Is earller, or (B) The return ot the equipment sup.- plied by the cable operator lC service Is termlDatec1. (Iv) Credit&-Credita tor service wUl be laaued no later than the customer's nen billing cycle following the deter- ,minatlon that a credit Is warranted. . (4) De11nltiona- (I), Normal bwmeu hours-The tenn "normal buatneea hours" means those hours eluring whioh most similar busi- neeaes in the oommunlty are open to serve oustomers. In a.ll cases, "normal bua1neaa hours" must Include some evening hours at least one night per week andlor some weekend hours. (II) Normal operating concUtiom-The tenn "normal operating conditions" meana those service conditions which are within the control ot the cable op.- erator. Those oonditlons which are not within the control ot the cable opera- tor Include, but are not limited to, nat- ural disasters. olvil disturbances, power outages, telephone network out- ages, and severe or unusWLl weather conditions. Those conditions which are ordinarily within the control ot the cable operator include, but are not lim- Ited to, special promotions, pay-per- view events. rate Increases, regular peak or seasonal demand periods, and maintenanoe or upgrade ot the cable system. (111) SertJice interruption-The tenn "service Interruption" means the loss ot picture or sound on one or more cable channels. [58 P'R 211119. Apr. 19. 1993. as amended at 81 P'R 181m. Apr. 30. 1998) -F e 178.702 PubUc. educational aDd gov- erDllleDtal aceen. Any cable operator may prohibit the use on Ita system of any channel capac- Ity of any public, educational. or gov- ernmental accell8 ra.c1l1ty for any pro- gra.mming which contains nudity, ob- scene material or indecent material as defined in f 78.701(g), or material solic- Iting or promoting unlawfUl conduct. For purposes of thia section. "material soliciting or promoting unlawfUl con- duct" shall mean material that Is oth- erwise proscribed by law. A cable oper- ator may require any accesa WIer, or accell8 manager or administrator qre&- Ing to assume the respoDSibl11ty of cer- tlCy1ng, to certHy that Ita program- ming does not contain any of the mate- rials described In th1a section and that reasonable efforts will be used to en- sure that live programming does riot contain such material. [81 FR 189'18. Apr. 30. 19981 EFVlCCTIVB DATB N<7l'B: At 81 FR Il19'78. Apr. 30. 1996. the effective date of 178.702 was stayed IDdefin1teb'. Subpart M-Cable Home Wlrfng 178.801 Scope. The provie1ons or this sub forth rules and regulatioria for he dis- position, after a subscriber v untarlly tenninates cable service. 0 hat cable home wiring lnatalled by e cable SYII- tem operator or Ita con tor within the premises of the su riber. The pre- visions do not apply here the cable home wiring belon to the subscriber, such as where the operator haa trans- ferred ownership 0 the subscriber. the operator haa b n treating the wiring as belonging the subscriber for tax purposes. or he w1r1ng Is conaldered to be a flxtu by state or local law In the subscribe s Jurisdiction. Nothing In this su t shall affect the cable sys- tem 0 rator's rights and responalbll- Itles nder 176.817 to prevent exceaalve sl leakage while providing cable s vice. or the cable operator's right to cess the subscriber's property or premises. [58 FR 11971. Mar. 2. 1993] 69 e ( .~ PQ"~. ,t,rt'~,.1 /' ~: J ~ I 178.8Ot DbpoeltlOD of cable home IDe- (a) Upon voluntary termlnatlo cable service by a subscriber, a operator shall not remove the home w1r1ng unless It gives t scriber the opportunity to p~ the w1r1ng at the replacement coat and the subscriber declines. The cas Is to be determined based on the lacement cost per foot of the cable me w1r1ng multiplied by the length I feet of the cable home wirtng, and e replace- ment cost of any paai spl1tten lo- cated on the subscriber' 8lde of the de- marcation point. If th subscriber de- clines to acquire the ble home wir- ing, the cable syste operator mWlt then remove it wit seven (1) bWli- ne8l!l days, under no operatIng con- ditions, or make 0 SUbsequent at- tempt to remove I or to restrict Ita use. (b) During the Itlal telephone call In which a subsc ber contacta a cable operator to v luntartly terminate cable service, t cable operator-If It owns and In ten to remove the home wtring-muat I orm the subscriber: (1) That the cable operator owns the home wtrtng: (2) That th cable operator intends to remove the me wiring: (3) That e IIUbscr1ber has the right to puroh the home wiring: and (4) Wha the per~foot replacement cost and tal charge for the wiriD8' would b (the total Charge may be bued 0 either the actual length of cable ng and the actual number or passive plttten on the cu.atomer's side qf the emarcatlon point, or a reason- able ximatlon thereof: In either even the Infonnation neC8a&ry for calc ating the total charge mWlt be ava.t ble for use during the tnttial pho e call). ( If the subscriber VOluntarily ter- tes cable service In perllon, the pr: cedurea set forth In paragraph (b) or t Is section apply: (d) If the subscriber requests terml- tlon of cable service In writing, It Is he operator's responalb1l1tY-lf It wishes to remove the wiring-to make reasonable eaorta to contact the sub- scriber prior to the date of service ter- mination and follow the procedures set rorth in paragraph (b) of this section. . e 4tEQUEST FOR CITY COUNCIL AGEN'ITEM AGENDA DATE Julv 13. 1998 REQUESTED BY Jeff Litchfield. Finance Director/ACM _ REPORT; XX RESOLUTION; _ ORDINANCE; At the City Council Meeting of June 22, 1998, the City Council approved the issuance of bonds. Included in the issue was $500,000 for two park projects, specifically funds for the purchase of a regional park site in west La Porte and for the Sea breeze Park Site. The City will not receive the bond proceeds until sometime in August. At this time, both projects are moving forward and we are in a position to expend funds on the projects. If you will remember, in the past we have passed a reimbursing resolution on projects that will be ultimately funded with bond proceeds. Staff believes it prudent to pass a similar resolution for these two park projects. The attached resolution gives us the option to reimburse ourselves for certain costs associated with the two park projects from the bond proceeds when they are received. ACTION REQUIRED BY COUNCIL: Approve Resolution declaring intention to reimburse certain expenditures with borrowing proceeds. FUND N/A ACCT NUM: FUNDS AVAILABLE: APPROVED FOR CITY COUNCIL AGENDA CXot~ T. ~ ROBERT T. HERRERA, CITY MANAGER .:r v \~ cat ICf'fC6 DATE _ RESOLUTION NO. 98-07 e C", (0)0"" [p,r-,.V-- '. '. '.~-1" ~ , ~. ~ r RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS WHEREAS, the City of La Porte, Texas (the "Issuer") desires to pay expenditures in connection with the design, planning, acquisition, construction, equipping, and/or renovating the projects or facilities described as the (1) Purchase of a Regional Park Site and (2) Sea breeze Park (collectively known as the projects). WHEREAS, Article 717k-6, Vernon's Texas Civil Statutes, as amended ("Article 717k-6") permits the Issuer to use the proceeds of obligations to reimburse the Issuer for costs attributable to the Projects paid or incurred before the date of issuance of such obligations; and WHEREAS, the tssuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the objectives of the Issuer's programs and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issuers obligations to finance the Projects. NOW, THEREFORE, BE IT RESOLVED BY THE cm COUNCIL OF THE cm OF LA PORTE, TEXAS THAT: Section 1. This Resolution declared the intention of the Issuer to reimburse the expenditures for the Projects with the proceeds of obligation. The Issuer presently intends to reimburse the expenditure by incurring obligations issued under Texas law the interest on which is excludable from gross income under section 103 of the Internal Revenue Code of 1986, as amended. Section 2. The Issuer reasonably expects to incur debt, in one or more series of obligations, in an aggregate maximum principal amount now estimated to be equal to $500,000.00 for the purpose of paying the costs of the Projects. Section 3. The Issuer intends to reimburse the expenditures hereunder not later than 18 months after the date the original expenditure is paid or the date the Projects are placed in service or abandoned, but in no event more than three years after the original expenditure is paid unless the Projects are a construction project for which the Issuer and a licensed architect or engineer have certified that at least fIVe years are necessary to complete the Projects in which event the maximum reimbursement period is five years after the date of the original expenditure. Section 4. The Issuer intends that this Resolution satisfy the official intent requirement set forth in Section 1.150-2 of the Treasury Regulations and evidences its intentions under Article 7171k-6. Section 5. This Resolution shall be liberally construed to evidence the intent of the Issuer to comply with state law and federal income tax law in the issuance of tax-exempt obligations for the Projects. PASSED AND APPROVED this the 13t~ day of July, 1998 ~ LA PORTE, TEXAS - -0,.- -/:i:I:::1~ c ~a./!i . M rtha A. Gillett, oiv~ry e .e REouA FOR CITY COUNCIL AGENDA & Agenda Date Requested: July 13. 1998, Requested By: s. Gillett ~rtmeDt: Pubfic Works _ Report _ Resolution XXX. Ordinance Exhibits: Ordinance No. 98-915-PP Letter of Request Vicinity map SUMMARY & RECOMMENDATION The Tejas Gas Corporation has requested a permit to construct a three-inch (3") natural gas pipeline in the Bayport Industrial District, but within the City's annexation strip surrounding the District. The pipeline will operate at a maximum pressure of 1440 PSIG and a maximum temperature of 750 F. A permit application fee of $300.00 and the annual $200.00 pipeline fee has been paid. The application meets all requirements of Ordinance 915. Action Required by Council: Approve Ordinance 98-915-PP authorizing the Tejas Gas Corporation to construct a three-inch (3") natural gas pipeline. Availability of Funds: General Fund_ WaterlWastewater _ Capital Improvement_ General Revenue Sharing Other Account Number: N/A Funds Available: YES NO Approved for Citv Council Ae:enda G~ T. ~ :\",l') ca. \11l1l6 Robert T. Herrera Date City Manager f.. _ e e'o'p'~Y ~: ~"::;'''' ':'" ~ "". - .. ~ ~ ORDINANCE NO. 98-915-PP AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION", BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975, TO CONSTRUCT A 3-INCH PIPE LINE FOR THE TRANSPORTATION OF NATURAL GAS; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council of the City of La Porte has received an application dated July 6, 1997, from TEJAS GAS CORPORATION, requesting a permit under Section 18-A-3 of Ordinance 915, being-Chapter 18-A of the Code of Ordinances of the City of La Porte, to construct and operate its 3-inch pipe line for the transportation of NATURAL GAS, crossing the City of La Porte, all as shown on said application. The application of TEJAS GAS CORPORATION has been reviewed by the City I s Director of Public Works, who has found that said application meets all requirements of said Ordinance No. 915, and has recommended its approval. Section 2. The City Council of the City of La Porte hereby approves the application of TEJAS GAS CORPORATION, dated July 6, 1998, and this Ordinance shall constitute a permit to TEJAS GAS CORPORATION to operate said pipe line within the City of La Porte, all in conformance with the requirements of Ordinance No. 915, contingent upon its filing with the City of La Porte prior to commencement of construction, copies of its permits from the Texas Department of Highways and Transportation; Harris County; and the Harris County Flood Control District. Any future relocation of the pipe line herein permitted, within the City, State, or County rights-of-way, shall beat the sole expense of permittee. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval, and it is so ordered. _ ORDINANCE NO. 98-915-PP cc. t)PV . ,. ..'..... I . ..( '.:. .... .. ':,.;! ;. ::\ PASSED AND APPROVED, this 13th day of JUly, 1998. By: ATTEST: ~4> ().~ Mar ha A. Gillett City Secretary PAGE 2 CITY OF LA PORTE l~~i:1!~A Mayor . e GULLETT & ASSOCIATES, INC. 7705 SOUTH LOOP EAST P. O. BOX 230187 HOUSTON, TEXAS 77223 PH. (713) 644-3219 ~~O"~" P6)~ ~~~ 1] July 6, 1998 City of La Porte P.O. Box 1115 La Porte, Texas 77572-1115 Attn: Martha A. Gillett RE: Request of Permit for a Proposed Pipeline - Tejas Ship Channel, LLC, 3" Interconnect from 8" Bayport to Goodyear By submission of this letter, we respectfully request for passage of the permit ordinance of the above referenced project. Please accept the two (2) sets of drawings giving all pipe specifications and preliminary alignment. Enclosed is a check for Five Hundred and NO/100 Dollars ($500. 00) covering the Permit Fee of $300.00 and an Annual Fee of $200.00. The proposed time of construction to begin will be July 15, 1998. The method of construction will be conventional construction. The commodity to be carried will be natural gas. Pipe specifications are as follows: Carrier Pipe: 3.500"0.D. x 0.188" W.T. API5L Grade "B" ERW Pipe w/Fusion Bond Epoxy Coating Maximum Operating Pressure: 1440 PSIG Maximum Test Pressure: 2160 PSIG Minimum Yield Strength: 32,000 PSI Normal O~erating Temperature Range: 560 to 750 Casing P1pe: 8.625"0.D. x 0.250" W.T. Grade "B" Casing Pipe w/Seals on both ends Pipeline signs denoting ownership and Emergency information will be placed at construction site locations. Sincerely, /{uffr;uL (ft~ Daily Z Agent Land & R/W Department JD/mrh Enclosures ~ p;z: 800 .u LA. ijPKwl f! ~ t;; f!..J' - ~ tAS1.fOl lb. ~ ~" ~ne ~~" .e.... .ltiJ(; ..... 5..,1 ~C.~,!:...M 8 EA~ M 11: ~;..,~ /'J ~~~.- ~:;I'/ ~ ~]l;~ .: 'l .-'lfil, 0'" "'- ...'" fr. u =: :5 III . fir 'll "4 '--. . ~ ~8 r 1t4~ '[(0 146) e L.A PORTE B ,.~.~~ .,w, -, ,:' 5.R.ST ~-" i ,'" .' _ . ~l - CRE5C T EOC;F,;W~ i ' ...... '-.:' - -: 5HOF~ ~W"'D ' , IlwHA.v. WU_Wi~; :,X,:'/ JJo apb'-... A Y oUlS II' ~ ( ~" .. t.. .- .i,oOO _ _ ~\ -.......... ~JlOSEg . 1)) - ~DAALj JUN 'PER, ~ m~,..,1p,I 13-:C1I1E'i P.~B~~~~ ..'. ": Hl~f~:Xy]~ dl""~::;t..~ nh~til'~ ~ -' ~~~l' ,~~ C ME: MAPS INC~~ I ~ ~ JJ,T. ~; .~~u w~ '" \\ D -' J~"~~~LF - I ~--o-+t - ~.L- .7' ~ :INDL AF~ r"'\. N."'......- " :11 0 ~ , :;;;- , \ ~"" l~ .:! ~ ME...oawL"'W~ . '.. R~>::t I)' '" ,., 6ooFOR~5T """'.. ",-10.- iI / ---=--u 1\) 5 AG IlovE ft.1 ~.l ZO- ~~ 11/ -I '" Ir ~ I~ ~ lZoo ~loo f1JJiJ1 0 &_IDALE~ ""''- \: COUNTRY c.\.1I6: fi ;; ~ E'6H"'DTLAWNV'~~ } ~ ~ ~ :J BArAlooo I..... '\..... .;::.- 0 -"'-N.5HADYLI ~Z? SU I: u ~ _ 5.5H D LN ~ I ~~ ..: e ICEY M~ ___~ ~~~ ~ !...-::. .~ jr-:--=-- MY~OK1'C~-,..' . \ .. '~l 11'(', . - --.- --. ~ ~~l\ ill ,., PETRO , -= .~, ~ UNITED 'W"'I'~=- -:=-'7 ; ~ ~ CELANESE i ,., ,'...1' i ------ 579580 J'" II G' :1 :\ - ~~ ~.El a ~~glt:~~ ~_o GRA ~=:~I o~o ~-=-~_ -~~~~ UUl R CT e WDC1 Wl!If.~ ~. i$'~ . J:'l.. 1 f{ . :::.t1~ -- Cf~ ... PPG .M .~ 0 ,eAA 8 ~llRfo WEST,. - , 2400 -- ,!!5T L D A PORTE ~\ , - ..;;;;;H ~ <=ii rc - In 5 ~ .~ ~ '-~r~~- .:~~ ~.. e ~ 5 .IEr: . ;; : f --..J cr III ~.1Jl!. II ~ ~ I 10800 , '1T" ~ ._-~ -- ._~, i ] .). ~~ -~ , Q' AOClER : . I I v II A.....'AIC ~ .- 3" D LUB.'ZOL r.jie f,ue- E ~ 2: .. . :i CONI PER IR 'Ff"U" "OH~ . HAA! . ." Q :II -4 :II I a~ PtA l~ -, , , , y ");; II: II: g ~ ~u i I ~ I- l 'I GI ,\; ~ ~' ..t~ONT ~ ; \- I ~ ~ too/ ~r1 - T=:: ~ R&~.~~He~. ",! - I_i>\'~ A"CO BIG THlllEl! I ~:IEIAN'(:-:~;ort "~H~~~RD ICHOATER~ ~U' I ~\~~ \~~~}. w~eH~Hs\ c,' ({ I -H~\ \ wX\~~ U= ( TOl~ c... l ~, ~ s. ~ ~o~'l;;;J:\ ~ V LONIESTAR ~o\ - . ~ f(/ ,7)\ ~ ", l:"1I J \ , ~ '" A.o.!) , ~ t \ 7 ~_L J .\ ~ __ ~ "I 0:-.. f._' , / ~~ ;) W~(j-. ~. . " - ~'< ~ // __ COUN1 Y ~I- - -.... ~ , ~ ~ .~ " ..,,040 ....~,. .":,dl y x " ,r"J.,,!:~ "- _ ...cM.,i~B-,,,~~,, i..\ . ";.'-iui-~ ~~~;r,,,, c~~<o#~ ~'ir ~: KEY MAPS INC. 'i; KEY MAPS INC "..,,~I. ;:;". ~~ ~ I l: wEs C:;! ~~~\~ w.$' D Ii!: . ~ ~ ~ ~ !.-1,l ~ I-- ~ ~u - us E ~~'li : 7 \.. .". I!:.;'-<~)J. .~ - ~ WE$' F ";.~'\K,f ~ ;. :.: : 5 G ~ ~LO~~ ,.1. ~C "',t ; ." ;;.,. to \O~~ . WE$' I ::! L . 'Ii L. p, r...!t; 8 N TODV' ItSOQ ^ ~ ~f''- I : >> I ! II. III 17 ~ ~ o oJ :II ~ . e REoutST FOR CITY COUNCIL AG&A ITEM Agenda Date Requested: 7-13~ Requested By: Doug Kneupper Department: Report . Res ution Planning X Ordinance Exhibits: 1. Ordinance Summary & Recommendation Ordinance 1000-1-C, if approved, would allow a new applicant to sell wine and/or beer. The City has investigated the applicant, Fred C. Stone, and has determined that he qualifies for the permit. Ordinance 1000-1 will be amended by adding the following: STREET ADDRESS OF mE PROPERTY: 1101 Hwy. 146, La Porte, Harris County, TX 77571 LEGAL DESCRIPTION OF THE PROPERTY: Block 1100, Lots One (1) through Six (6) and ~ of Lot Seven (7), Town of La Porte, Harris County, Texas PROPERY OWNER: Fred C. Stone NAME OF APPLICANT: Fred C. Stone ADDRESS OF APPliCANT: 3333 Luella #407, La Porte, TX 77571 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Skillet's (Formerly Kett,le Restau;rant) Action Required by Council: Consider approv~ of Ordin;u:lce 1000-1-C Availability of Funds: N/ A General Fund Capital Improvement Other Account Number: Water /W astewater General Revenue Sharing Funds Available: Yes No AJ!l!.l"oved for City Council Agenda U<~ ,. ~ Robert T. Herrera City Manager J~ ro. "q~ Date e e COpy ORDINANCE NO. 1000-1-C AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING SECTION 6- 78(a) OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING A NAME AND LICENSE HOLDER AT AN AREA WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE SOLD; PROVIDING THAT ALL OTHER PROVISIONS OF SECTION 6-76 ET SEa OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE REMAIN UNCHANGED; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of La Porte has, in Section 6-76 et seq of the Code of Ordinances of the City of La Porte regulated the location, closing hours, and sale of wine and/or beer on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109, Subchapter C, Section 109.31 et seq; and WHEREAS, said ordinance expressly limited the locations at which wine and/or beer may be sold in the City, and further expressly identified the names of establishments and permit holders authorized to sell wine and/or beer under the terms of said ordinance; and WHEREAS, a new applicant desires to sell wine and/or beer at a location previously prohibited in Section 6-78(a) of the Code of Ordinances of the City of La Porte; and WHEREAS, the City has, pursuant to the terms of Section 6-76 et seq of the Code of Ordinances of the City of La Porte, made its investigation to ascertain whether said new applicant has qualified for a beer and/or wine permit from the City; and e Ordinance No. 1000-1-C Page 2 e COpy WHEREAS, the City has determined that the new applicant qualifies for a beer and/or wine permit from the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 6-78{a) of the Code of Ordinances of the City of La Porte of the City of La Porte is hereby amended, by adding the following location for a restaurant (as defined in said ordinance) at which beer and/or wine may be sold: STREET ADDRESS OF PROPERTY: 1101 Hwy. 146, La Porte, Harris County, TX 77571 LEGAL DESCRIPTION OF PROPERTY: Block 11 DO, Lots One (1) through Six (6) and % of Lot Seven (7), Town of La Porte, Harris County, Texas PROPERTY OWNER: Fred C. Stone NAME OF APPLICANT: Fred C. Stone ADDRESS OF APPLICANT: 3333 Luella #407, La Porte, TX 77571 TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Skillet's Section 2. This ordinance shall further amend Section 6-76 et seq of the Code of Ordinances of the City of La Porte, by granting a new permit for the operation of a restaurant, as defined in said Section 6-76 of the Code of Ordinances of the City of La Porte, at the above location, which permit shall be personal to the applicant, and non- transferable, and shall be further conditioned that the permittee shall comply with the provisions of the Texas Alcoholic Beverage Code, and all other applicable federal, state, and local laws and ordinances, including other provisions of this ordinance and Section 6-76 of the Code of Ordinances of the City of La Porte. Section 3. It is the intent of the City Council of the City of La Porte that this Ordinance merely permit the sale of wine and/or beer during the hours set by the general laws of the State of Texas by retailers selling wine and/or beer for consumption _ Ordinance No. 1000-1-C Page 3 e COpy on premises at the location established in Section 1 of this Ordinance. This Ordinance is not an attempt to create zoning or other land use rights in property owners at said location, such that the provisions of Chapter 106 of the Code of Ordinances of the City of La Porte, together with all amendments thereto (as such provisions impose standards on premises or businesses within the City of La Porte, regardless of whether such business or premises are required to have a license or permit under the Texas Alcoholic Beverage Code) govern and supersede the provisions of this Ordinance, in the event of a conflict between this Ordinance and the provisions of Chapter 106 of the Code of Ordinances of the City of La Porte and amendments thereto. This application for wine and/or beer for consumption on premises shall be subject to the provisions of: a. The Texas Alcoholic Beverage Code; b. Section 6..76 et seq of the Code of Ordinances of the City of La Porte of the City of La Porte; c. This Ordinance insofar as this Ordinance does not conflict with the provisions of the Texas Alcoholic Beverage Code; and d. Chapter 106 of the Code of Ordinance~ of the City of La Porte, and all amendments thereto, as such provision apply to all businesses within the City of La Porte, regardless of whether or not such businesses are required to obtain a license or permit under the provisions of the Texas Alcoholic Beverage Code. Section 4. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of Section 6-76 et seq of the Code of Ordinances of the City of La Porte, this Ordinance, or any amendments hereto, or any other e Ordinance No. 1000-1-C Page 4 -COpy ordinance, statute or code, that permits and regulates the subject matter of this Ordinance; and as to such accrued violation, any court shall have all the powers that existed prior to the effective date of this Ordinance. Section 5. 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 6. 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 is 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 Chapter 551, Tx. Gov't 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 7. This Ordinance shall be effective from the date of its passage and approval, and it is so ordered. PASSED AND APPROVED this the ~ day of CITY OF LA PO E ~ rman L. alone, Mayor ,1998. _ Ordinance No. 1000-1-C Page 5 e ATTEST: COpy e e . ' -- I't! BIIYSHIJRE ~, n d u s t:.-, a' e COpy 1300 McCabe Road laPorte, Texas 77571 Phone: 281.118.7000 Fax: 281-228-7002 AIRBORNE EXPRESS July 1. 1998 Askins & Armstrong, P.C. 702 W. Fairmont Parkway P.O. Box 1218 La Porte, Texas 77572-1218 Attention: Mr. Knox Askins Dear Mr. Askins: Enclosed are the executed four duplicate original execution copies of proposed ordinances and renewal Industrial District Agreement for Bayshore Industrial, Inc. I have arranged for survey plats of the subject three tracts to be prepared and will send copies of the plats to you as soon as they are available. Should you have any questions in regard to this matter, please contact me at (281) 228-7013. ~ David Gerst Senior Vice President and General Counsel DG/trm DG07019801.doc C.. 0.. ..'.-P. .,~a . ," r:.} ~, . ~ r 1lf ~ -.1., ". .." " ""-!I:..' . e ~~Yl .1\ ORDINANCE NO. 98-2257 AN ORDINANCE DISANNEXING CERTAIN TERRITORY HERETOFORE ANNEXED TO THE CITY OF LA PORTE, PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The territory described on Exhibit "A" which is now entirely located within the corporate limits of the City of La Porte, Texas, by. prior annexation ordinances of the City of La Porte, is hereby disannexed from the corporate limits of the City of La Porte, and, after the effective date of this Ordinance, shall not constitute a part of the corporate territory of the City of La Porte. Section 2. Nothing herein contained shall affect the validity of the remaining portion of the Ordinance or ordinances under which the hereinabove described territory was originally annexed, and it is the intention of the City Council of the City of La Porte that only the above described territory shall be disannexed from the corporate ,limits of the City of La Porte, Texas. Section 3. 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 ci ty for the time required by law preceding this meeting, as required by,the Open Meetings Law, 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. e _ COpy PItGB 2 ORDINANCB NO. 98-2257 SectioD 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of July, 1998. By: CITY OF LA PORTE ~~/~ Mayor ATTEST: . ~ a. lJJllll Mar ha A. G1llett City Secretary 1 Knox City e e C'OPV" . . :iO' .1.: " '. "",;' A t:r1!ct ar pucc1 of lBbd ~ 4Jlfig ~ Diole at b. out of the w. P. Hams SutYe)', AbsIract No. 30, in Harris CGantJ, Tass. said 4.069 ~ Wq mare panicufarly ~t1bed by meta and hN..~ IS fbDOM: ^ tract of laud out of the W. P. Hams Survey, Absalllo1 30, Hauit County, Te:us, said tnd bililg ~ at two puteb or laud COD~ 10 ~ R~ Sales ComPlJ\.Y. ODe of SQCb patce1s beina a 61512-acte 11*-1 &safbed In the Detld ncorded In Volume 4498. Pale 1OS, at the Deal R~cb of Rants Coun'1. Teus. to whlt:b ~~ee U be:Ie D18de lor III parpo..." IDd Iha JCpntd InI(:t being I ~2.41cra tt1ICt desc,ibed in thai J]eed.lecaded In Valuma 4499, hp Us. of lbe Deed bcat~ or HarrIs Caunty. reus. to "hieb t$~gltyg Is hCfC al8da far all P~. IDd the II1Id c:oDve~ herein being mare patlcululy cte.:ribed as follows: Beginning af a one.1DcJa lft!n pipe marJdnl tile southest comer of die safd 62.512-ll(:le rmd, said Qint6r btinl in !he cast ridu.u.way of ' the 08 .. SA Rallraad; THENCB N. ,. 18' 32~ w. with &aid east right-of-way. 81 502.83 feet IUS . thn:e-lnch fttm pipe rQl' the northwest comer of the said 62.512 I!Cfe-truct and the SDuth~SI canw of the S2.4--acre Inl~ in aD.fi04.92 redia an Iron rod for the nonhwC5t camer of the tract bdnS described; THENCB S. 890 59' 4~. R 390.86 feet 10 an iron rod for the northeast comer of th,. . "'tel being dc:saibed; THENCE S. 10. 44' 58- w. 610.69 fed to an Iran rod for the southeast comer or the lract helne described, said comer being In the south line of the said 62.512-lcrc ttact; lHBNCE N. 8911 59' 4S" W. with said line a distance of 200.0 fed to the place or hcgi.t\nins and containing 4.069 BCres of land. EXHmIT "A" Ordinance No. 98- 2257 Tract 1 e e co.'p."..y..,. i .,.~ ."... _" I . '. . I.LaC 1.3Z .e~e ~. 1... e.~ af l~. v. r. "&~tl. S~~v.J ~'.'ra~t 30, I. ".~~i. CQkaC7, t....p .O~. ..r~1cularl, 4e.~tl'~. " ..~4. a~. 'au..... 'Ql~ lov.= 8ZCl..1.G .e . polue.. cbe Ea.ce~lJ llDe 0' SOU~H~.~ tAel~IC '~X~&aAD CaftrA.~ ~l.h~ DJ var vhe~. che caB~.~ ltQO .f BeG._. aD.~ (8a f.al wid.) l.le~..c~. ..1. .lc~e.f --7 'D~ ~h. .Qcth..*t CDC..~ of tb. h4~~i. d..crib.. lxact: THEKCI S..th 1 de.. 3' .In. aa ..~. 1..1 (al .a fesell ....1.. .a~th"e.t c:.."'Ca.~ of 1'.7765 .cS'.. t~.-=t cODv8,.d coRoy C.bl.%, ~r. 'y deed f~o. the ua.c~. .1'~8~ It&Gtar' aD April ~. 1'7'), coa,lA~l.. aloGe tho v..t 11.. of ..1. 14.7165 *C~. t~.c. to tbe S.utbve.~ cor....' ..1. t~.ct ,O~ the S..~he..t c.t.~~ o~.~k. hD~.tD d..D~lb.' tr.ct. ~HE.~B Weacer11 .C~Q'. S.u~~a~a ..elflc .allwa.~ Co....y ~tlbt m. way (100 I..e v14.J c. Saucbeaac CO%D.r at 0.'76' &~~. C~..I c.~Y.~a. '0 la~ C.l'..p .J~. "'. d 8114 fz:g.. the u...~.ll.... . ''E..ta~' .. t.' ~q.. 11. l'....6.clQI clc~k'. file a.~t. ~"5347 OI'.Qa-l1~3 ~alJ'Q9', I.. ca. Souc~.e~c caT... e' tb. h.~.l. ..a~~lhcd c~.ct& TdE~C. ..~~ke~lF aleaa tb. I..~.,l~ lima .r a.~1.~ ac:.T. .~.cc &. I~. M.~.b...~ C.E.C~ .1 C~ace ,.w I.. .a~ch.c.~ coc..~ of eke _.Tat. u:__l'a" ~..ct: ~HE.CE Z..'ac17 acz... ..14 Soutftae* ~.clf~c .all. ~04_ Caa,.., ~l.hl a' ~., (l~Q f..' v14.) co lk. '~lca Dr IIG1..ZI-. c.a.aiatAI 1.31 .C~.. or 1.... .a.. ..... 1....: ..14 ..1. ..- EXHmIT "A" Ordinance No. 98-2257 Tract 2 _ e ~~~~ ~y~ 'Ii All ~h.~ c.~~&ift ~xoct or p~rc.l o~ lan4 1ft H.~~i. c:ol1llt.y. Texa..~ Q\oI~ Qf thlll If. II. ~..ta SUI\IBY A-Ja. mer. part1cular~y a~~crihe~ ~ ~G~Qa an4 bcunda .. A:al.lowa" to-W1.t.a. 8aG!.MIMG..~ . PO!h~'aa the ~.8~.~ly 11fte a~~ SQUTH2~ PAC~.%~ ~LaCAD CQ~AWY riih~~~f-~~ South .,- 53' 5.- 2~.~ 8'.22 l~: f~gm . cQa~~ct. HQ_U"2.~ m_~ke~ ~8LE 'laS, ,ai~ ~~9innipg P=~ being .u:'.lce4 b.r a 5/S" iron J:ad .for ~hl!l SoU1:.hcu~lI~ ~orne~ of ~h. b8relh ae8Qri~ea 1:.ract, . . 'J!H2"~E .a~~h 89. 53" 54" Weat. 89.22 1'1:.4 '-0 IIDftBLE HOMU~ no. 185 far Sc~th__.\.eorD8r of ~hi. ~rac1:. an ~ha W.st:. Une' o~ the ". p. HA1lRIs SJIlVEY. . 1'B&JlJCZ Ilonh 0- 04' 03" Ne.t vith the JlEl8~ line. at aai4 SURvaY 569.44 ~t.. to . 5/.- irQq rQ4 fQ~ HOcthW8.~ eQrD8~; TH~E Scu~h 89. 53' S4- a.at 14.00 ft.. to a Slap iroD ~Q4 ~O~ .orth8a.~ caxner d~ ~. Hes~B~ly ~1,~t.-of-~y ltne of sa!4 SCUTKRaM P.aCIPIC ~LRQADI 'l'HEHCE So~t.b 1- 35 12Q- I.il.-t vit.h tbe Nas'tel"1y J:'i9ht.-Q~-VIll' line ~~ ...14 IlA1L1lOAD Cl0a :ft. ..dodCl) 5.14.a-.l .~.. to the .PlAa CI' aBQnnrtlfC:, C:QQ~.iniag 0.&1., .c~.. Qr 21,389.13 .._ f~4 a~ land. EXHIBIT "A" Ordinan~ No. 98-2~57 Tract 3 e -. '" .)-. !" "1 e o e e €C,. co.. .', p"~ . V: -. .~. -.: . . ( . ORDINANCE NO. 98-2258 AN ORDINANCE DESIGNATING CERTAIN LAND NOW IN THE CORPORATE LIMITS OF THE CITY OF LA PORTE, TEXAS, AS AN INDUSTRIAL DISTRICT TO BE Dlon AS "SOUTH LA PORTE INDUSTRIAL DISTRICT" ; RESERVING AND PRESERVING ALL RIGHTS POWERS AND DUTIES OTHERWISE REPOSING BY LAW IN THE CITY COUNCIL OF THE CITY OF LA PORTE; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, it is the established policy of the City Council of the City of La Porte to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of old industries therein; and WHEREAS, the City Council of the City of La Porte after due and careful consideration has heretofore determined that it is in the public interest to disannex the land described in Ordinance No. 98-2257, passed and approved July 13" 1998, and to discontinue the corporate limits of the City of La Porte as to such land, and to adopt this Ordinance No. 98-2258, pursuant to Section 5, Article I, of the Municipal annexation Act, and to designate that part of the land hereinafter described as an industrial district; NOW THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF.LA PORTE: Section 1. The territory described on Exhibit "A" which has been disannexed by Ordinance No. 98-2257, passed and approved on July 13, 1998, is hereby designated as an industrial district of the City of La Porte. Section 2. The industrial district designated and established hereby shall be known as "South La Porte Industrial District". Section 3. It is hereby declared to be the purpose of the City Council of the City of La Porte, to treat with such area from time to time as may be in the best interest of the City and in the attraction and maintenance of industry therein. e _ COpy PAGB 2 ORDZNANCE NO. 98-2258 Section 4. The City Council of the City of La Porte may enlarge or diminish such industrial district from time to time as permitted by law and the contract(s) with the owner(s) of the land therein, and the City of La Porte hereby reserves and preserves all rights and powers of the City of La Porte with respect to such industrial district, except as herein expressly otherwise stated and as provided in the contract(s) entered into with the owner(s) of land therein pursuant to the terms hereof. section 5. Should any portion of the area herein designated as an industrial district be not actually situated within the extraterritorial jurisdiction of the City of La Porte, Texas, and not therefore capable of being so designated, such fact shall not affect the validity of this designation as to the remaining portion of said area. section 6. 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 ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, 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. _ _ ORDINANCE NO. 98-2258 copy PAGB 3 Sec~ion 7. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of July, 1998. CITY OF LA PORTE By: Norman L. Malone Mayor ATTEST: Martha A. Gillett City Secretary e e ~~\85)~ ~v~u A tract Dr pucci of label CXJf1taiDina 4.069 ~ IIKIfe (It 1m, OQI of me W. P. H8tn~ Suner. AbsIract No. 30, in HanD ea.mty~ 1'ae, said 4.069 ~ Wna mare panicularly deslCh1zld by ,.a IIft'J ~)..ds as .foD~ A tract of l8Dd out at the W. P. Hams SurYey~ AbsrJlId 30, l'-it CountJ. Teas. said CJ1Id being out at two pua:.b of laud ccmveyaJ to ~ R~ Sales Company, ODe of SQCh pua:.b being a 62.512-8C1'e 1Iaet &satbed In the ~ ru:orded. In Volume 4498, Palt 205. of the Deal R~ch of Hmts Coumr. Taas. to whldt m-~ee b bere msdc far III purposes, IDrf dI.e tr>t UIItd tr1I(:l being . ~2.41cIa tnct deselibcd in that Deed. lecurW In VaIubMs 4499. hie 156. of ~ Deed R.ec:at-&, of HarrIs County, Texas. to .hich ttlr~g,l'oilU Is here made for ell p~.1Dd the bad c:oGve~ herein belna mare putlC1duly dea:rIbed.... follows: ~ginning at a one-Inch lIaI pipe martini tile SQuth~ comer of the said 62.512"acre aad. said Q:Jrl)el being in Ihe cast ridu-of.way of thb 08 -' SA Rallrcad; llfENCB N. 70 III' 32" W. with I8Id e.a.'il right-of-way, at SOl.83 reet pus I tIm:e-inch hem pipe for the nanhwest COtner of lbrJ said 6Z.512 BCfC'otr&ct and the southW15S1 carn.u of the S2.4-acre tract, in an"604.92 fed 10 an Iron rod for the nonhwesl comer of the tmet being desaibed; lHENCB S. 89'" 59' 4S' B. 390.16 fcct to an irori rod for the I10Itheast comer of thr . ."let being described; THENct! S. 10e 44' 58" W. 610.69 feet to an.1ran rod for the southeast come!' ar the lract beme described. said comet being In the south line ~ the said 62.~ 12"'8crc rract; mBNCE N. 8ge 59' 45" W. with said line a dlsfance of 200.0 feet to the place or beginning and CODWn1ng 4.069 BCres of land. EXHmIT "A" Ordinance No. 98-2258 Tract 1 . e ~r?\)~W7 ~~rrrtf I_t.. 1.3Z .c~. ~. I,ad .y~ df l'. V. .. Ka~tl. .S~~w., ~'a'r&~~ 30, l. a4'T1. CoUac" ~.~." .o~. ,.~tl~ql&~l, 4e.~~1'o. " ..~.. ..d 'au..... fal~ low.: 8KCIX.I.Q at . polGe.. cbe 1..ce~l, liD. of 50U~HS.. .~fl~IC a~XL.aAD Caft~A.' ~l&b~ a~ vor whe~. ehe c.ate~ ltu. of ftc~.', aGa. (10 fe.~ Nt..) I.Cc~..ct. ..1. tlckt.! .07 'o~ ;h. .o~tb...t caw..~ of tb. b.~~i. d.'c~l'.. t~.~t: TUZ.CI So.Ch 7 de.. 3' .1n. aa ..~. I..t (at .a raGa ....1.. WaEtbv..c CO~..E of 1'.1765 .~i. t~.~t co.yoye4 c~.a7 Cabla%, Jw. 'y 4.c~ f~a. the ua4~~. .11~e4 It..l.~' DD April '. 1'7". ca~tlG~l.1 alo.. tbo v..t .1t.. 01 .~l. 14.71~S .c~. t~.c. to the S.uchv..~ cOE..E.f ..1. C~.ct I.~ ~h. S.athee., cec.~~ o~.ck. ha~.la de.a~lbe. tW.$eJ T~Z.CB Yc.~e~l~ .~~Q'. SoUc~.%. Veellte ..tlwood CO....T ~{8bt a. w.Y (laO ,..~ vl..) e. Souche..c c.~ao~ a! G.'76' .~xo C~.~& couy.yad 10 'a, Cal.a., .Jr.. '), . de... frQ" the \I...~.ll... . &'I:..u~. ..t.. ~~.. II, l'.'.'$.z:lGI ct~~k'. fl1. a.~t. J'd5J47 OI'.aa-l1~3 l013'D'6, tow Ea. SQUc~.e~l CQ~..S _. th.b.~.l. ...c~l.c~ cz:.ctl Tdz.ca ..~~~C~lF <<lass th. ...&.'l~ 11.. af a.A1.~ .c~. ~~.~& &. I~. ..~I~...& ca~.c. of t~.c~ law lb. ..~ch.e.& cac..% ot &~e ..~at. .c;~..... '.ace; ~.E.C. 1<<'l.~17 acza.. ..1. SG\lt~.c. ~oel'lc a.1l- ~Qa_ Caa,ca, .iahl.f .., (laa .... v14.) ca lb. '~AC& Dr IIGX..ZHG. ...&.1.1.. 1.32 .CT.. of 1.... .0'1'. OC 10...: ..14 ..... 40- EXHmIT "A" Ordinance NO. 98-2258 Tract 2 e e ~~~v ~~~llii All th.~ c.~~&in ~r.c~ o~ e<<rc81 o~ l.n4 in H.~~i. C:OlJDt.y, Taza8,. aut. Ql the If. .. MaaX8 SUa\1BY A-:Ja. mera ga~1cular~y a~a~~ihe4 ~ ~e~QS aft4 ~nda .. .fall c:a"., to-wi.t.. BaG%.KIXQ..~ . poib~ aa the ~..~.~ly 11fte CIl~~ SOUTda-. PAC~.%~ ~~AD CC-.AWr r19h~-~f-~r SQuth 89- 53' s.~ 2a.~ .9.22 f~: I~QN . coac~ct. HC_U"2~~ m.~ke~ HUMBLB 'laS, .ai~ ~~9inni~g pQ~ 'baiftg .u"Jcec! by a 5/B" tron x-ed ,for ~hl!l SCllu~hCla8't. corQG~ o~ ~h& b8reln ae8cri~ea ~r.ct, . I TH2MCE .a~~h 89- 53' 5t- W..~ 89.22 ~t.. ~o BUNBLE HO~U~ DO. La5 far Sa~th~.t.eo~D8r of ~hi. ~ra~t an !:he We. t:. Une. o~ t.1I. ". p. IIAIUU:~ SUIlYEY, . . . 'tSlllJCJr !fanh Q. 04. 03" WI!Iat with the "8.~ lia.. CI~ ea!4 SURy'sy 5'9.44 ~t.. to . 5/8- iraq rQ4 fCll~ Hb~~hW8.~ corber: TH~B South 8'- 53' S4- a.at. 14.00 f~. to . 5/B~ lroa ~CIl4 for .or~Ba.t ~orn~r dq ~. Ve8t8~ly ~1,h~-af-~y line of. ..!4 SOUTHRaM ~C%'IC IAXLRaADI 'l'HB!lC:E Scn~~b ,. 35' 20. &:".1: v1t.h tha NIIs't.&'.1y Z'i9he.-Q~-va~ l1n. a~ ...14 IUULaCIAD C10a ~t. wido) 5.14...~ f~. ~o 'tba PlAa 01' 8J:gDnnllc;, c:olI~.iftia9 Q.6141 acr.. Gr 2'.389.93 .q. f~. af lan4. EXHIBIT "A" Ordinanc~ No. 98-2258 Tract 3 _ _ --. _ _ C. OP~V : . ~ :k--.-!:' ':' .' .\. .' b :~..' .:~... ORDINANCE NO. 98-2259 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYSHORE INDUSTRIAL, INC., WITHIN THE SOUTH LA PORTE INDUSTRIAL DISTRICT FOR THE TERM COMHENCING JANUARY 1, 1999, AND ENDING DECEMBER 31, 2000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby finds, determines and declares that BAY SHORE INDUSTRIAL, INC. has executed an industrial district agreement with the City of La Porte for the term commencing January 1, 1999, and ending December 31, 2000, a copy of proposed industrial district agreement being attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, and the City Secretary of the City of La Porte, Texas, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, Texas, the industrial district agreement with the corporation named in Section 1 hereof, a copy of which is attached hereto. Section 3. The c~ty 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 Ci ty for the tim.e required by law preceding this meeting, as required by the Open Meetings Law, 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. e e ORDINANCE NO. 98-2259 ~~~%.f ~~'~ 1d PAGE 2 section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of July, 1998. CITY OF LA PORTE By: Norman L. Malone Mayor ATTEST: Martha A. Gillett City Secretary City Attorney - _ NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE 224, ET. SEQ., REVISED CIVIL STATUTES OP TEXAS STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE { { { { ( ~~~v ~~rit~ TI INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris county, Texas, hereinafter called "CITY", and BAYSHORE INDUSTRIAL, INC., a corporation, hereinafter called "COMPANY", WIT N E SSE T H: That WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries, therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens: and WHEREAS, Company is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County, Texas, in the following Volume and Page references, to-wit: six tracts of land, as described on Exhibit "A" attached hereto. This agreement shall be subject to the additional restrictions contained in Exhibit "B" attached hereto. -2- e . C. o. ;'p' ~,~/Y I .. orPwr.., \-4,.'; " . .i-.-. I . ..... ~ - upon which tract(s) Company has either constructed an industrial plant(s) or contemplates the construction of an industrial plant(s): and WHEREAS, pursuant to its policy, City has enacted Ordinances No. 1789 and No. 98- , designating a portion of the area located in its extraterritorial jurisdiction as the "South La Porte Industrial District," hereinafter called '''District,'' such Ordinance being in compliance with Section 42.044 of the Texas Local Government Code: and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the part~es contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred. to above, City and Company hereby agree with each other as follows: I. A. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue and retain its extraterritorial status as an industrial district, at least to the extent that the same covers the land described above and belonging to Company and its assigns, and unless and until the status of said land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said land - -3- e COpy lying within said District and not now within the corporate limits of City, or to be disannexed from the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that said land shall not have extended to it by ordinance any rules and regulations (a) governing plats and SUbdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or intervene in any proceeding authorized by the Texas Water Code, the Texas Clean Air Act, or the Texas Health & Safety Code to the same extent and to the same intent and effect as if all land covered by this Agreement were located within the corporate limits of City and not subject to the Agreement. B. Company agree~ that it will not, during the term of this Agreement, use or seek legislative or regulatory approval to use, nor allow any other person to use or seek legislative or regulatory approval to use, any portion of the tract(s) of land described above as any part of a commercial hazardous waste management facility, as defined in Chapter 296, Acts of the 72nd Texas Legislature (1991). Company further agrees that it will, within thirty days after execution of this Agreement, place a deed restriction on the tract(s) of land described above prohibiting the use of any portion of such tract(s) as any part of a commercial hazardous waste management facility. Company hereby agrees that in any suit by City for breach Of any provision of this paragraph, City may seek and, should it prevail it shall be entitled to, specific performance of this provision of this paragraph. e e -4- II. Company agrees to render to City and pay full city ad valorem ~~~V ~~~ IT taxes in the form of "in lieu of taxes" payments, on its land and improvements, and tangible personal property, as fully as if said land, improvements, and tangible personal property were annexed to City. III. This Agreement s~all extend for a period beginning on the 1st day of January, 1999, and continue thereafter until December 31, 2000, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by Section 42.044, Texas Local Government Code; provided~ however, that in the event this Agreement is not so extended for an additional period or periods of time on or before June 30, 2000, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement, and in such event Company agrees that if the Texas Municipal Act, as amended after January 1, 1980, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to the Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the, parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1980. IV. This Agreement may be extended for an additional period or periods by agreement between City and Company an4/or its assigns e -5- -C' '@O' '.".p~-v \. " . oJ' U .. . even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. In this connection, City hereby expresses its belief that industrial district agreements of the kind made herein are conducive to the development of existing and future industry and are to the best interest of all citizens of City and encourage future City Councils to enter into future industrial district agreements and to extend for additional periods permitted.by law this Industrial District Agreement upon request Of Company or its assigns; provided, however, that nothing herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agreement. V. Company agrees to pay all "in lieu of taxes" payments hereunder, to City on or before December 31 of each year during the term hereof. It is agreed that presently the ratio of ad valorem tax assessment used by City is one hundred percent (100%) of the fair market value of property. Any change in such ratio used by City shall be reflected in any subsequent computations hereunder. This Agreement shall be subject to all provisions of law relating to determination of value of land, improvements, and tangible personal property, for tax purposes (e.g., rendition, assessments, Harris County Appraisal District review and appeal procedures, court appeals, etc.) for purposes of fixing and determining the amount of ad valorem tax payments, and the amount of "in lieu of tax" payments hereunder, except as otherwise provided in Article VI hereof. VI. (A) In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any y~ar or years during the terms hereof, nothing in this Agreement shall preclude such pr,otest and Company shall have the rigllt to take all l'egal steps desired by it e -6- e ~~~~ ~~8J lJ to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due by Company to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company on or before March 31 of each year during the term of this Agreement, with both the City and the Harris County Appraisal District for that year. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. (B) Should Company disagree with any appraisal made by the independent appraiser selected by City (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of d~sagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes o.f the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon e -7- e<<;opy enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph (1) of this Article VI(B). Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. (1) A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who (as the "Impartial Arbitrator") shall preside over the arbitration proceeding, in accordance with the rules and regulations of the American Arbit~ation Association. The sole issue to be determined in the arbitration Shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject to jUdicial review as may tit ~OPV -8- be available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised civil statutes of Texas). Costs of the arbitration shall be shared equally by the Company and the City, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and, with the prior written consent of City, which consent shall not be unreasonably withheld, shall remain in force in the event Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. IX. In the event anyone or more words, phrases, clauses, sentences, paragraphs, section~, articl~s or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, It erru~!~'W/ ~~~H -9- phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. X. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said land shall terminate. ENTERED INTO this 13th day of July, 1998, effective January 1, 1999. ~ Secre ar ~ BAYSHORE INDUSTRIAL, INC. BY:&~~~.v General Manager 1300 McCabe Road La Porte, Texas 77571 APPROVED BY COUNSEL: ~W- a ers Senior Vice President Operations and General Counsel ATTEST: CITY OF LA PORTE Martha A. G11lett City Secretary. By: Norman Malone Mayor By: Robert T. Herrera City Manager /' ~~y~ K OX W. ASKINS City Attorney 702 W. Fairmont Parkway P.O. Box 1218 La Porte,TX 77572-1218 Telephone: (281) 471-1886 CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 e e ~~a;" ~%.t7 ~~Er U A tract or percc1 of label CXIIltaiDina 4.069 ac:rcs., ~ or Ies.9., oat of the w. P. Hanis Survey. AbsIract No. 30, in Hatris CDanty" Teus. said 4.069 ..." Wq mere panicuJady dcsett"bed by lIIda ad ~ as fbDOM: ^ tract of 1aad out at the w. P. Hams SarYey. ^~1IIo.1 30, JJaui1a Count)'. 'feus. said tnd being aut of two prrce.b of laud c:aD~ 10 IbIGOb R-.It1 9des Company. ODe of S\1Ch parce1s being a 61512--= tI*-1 ~ In the Deed recarded In Volume 4498. PR~ 2OS. at the Deed R~.b or HarrI.., County, Texas, to whidt ref'efI!J1ee i! bere DVJde Ibr aD pltpose.1, IDd the ~ ~ b!ing a ~2.41cra tt1Id descn"bed in that DeecJ,leawtfed In V~ 4499. Pqe 1!6. of the Deed ~dlt of Harris County. Tens. to 1l'hidl ~f\4gt~ Is hCfe made for all p~, IJDd the bad CCftve~ herein being mare psrdcululy ct.:rIbed u follows: ~ginning at a ane-1Dc.h Ircm pipe martini the southest comer of the .d 62.512-acre aad, said wunt6r being in the cut rlgJu-d"-way of tile OR & SA Ralln:I8d; THENCB N. 70 18" 32" W. with tllid e.a!Il rfpt-of-way, at 502.83 feet pus I ~-tnch Inm. pipe for the northwest COtner of the said 63.512 !lCt'e-trIct arJd the $QuthweSl carner of the S2.4--acre bet. in .n'604.92 feel to an bun .rOO ror the nonhwest came.. of the traet being described; l'HENCB S. 890 S9' 45- B. 390.16 feet to an iron rod for the northeas1 comer of thr . '''let being described; 1HENce S. 1015 44' 58- W. 610.69 reet to aaUan rod ror the southea..~ comer cf the Ifact heml described, said eomtt being in the south line of the said 62.j 12-acra tJ8ct; . mENCE N. 89. 59' 45" W. with said line a ~ance of 200.0 feet to the place of beginning and conlJUning 4.069 Beres of land. EXHmIT "A" ~ce No. 98-2259 Tract 1 . e COt?y lal.. 1.3Z .c~. of 1..~ aue at t~. v. .. ".~:1. s.~v., ~'D'r.~t 30, l. ".:~i. CaUDCt, T.~.., .o~. '.T~lcgl.~l, de.~~l'a. " ..~d. ..d 'au..... 'Ql~ lenr. : ,ZCX.,l.Q ae . polue.. cbe E..ce~l, liDe a, seu~HS.~ 'Ael~lC '~XL.aAD CaftPA.~ ~i.h~ Q! var vha~s ~he c.nc.. llua of ftcC.,. aa.~ (80 f..e ~t~_) l.te~..~C. ..1. .IC.c.f .C7 lOT ;ha .o~th...t ca~..~ of tb. h.~~i. d..c~lb.. t~.ct: TBZ.CI $oQch 7 Ie.. 35 _In. aa ..~. I..t (al .a facII: ....i.. .o~t.h...c CO-c..T of 1'.1715 .e!'.. t~.et coa..y.d c.-Roy Cabl.%, J.. _y dec4 f:.. the ua.c:~- .il~.~ .r..td~. aa April J. 19"), coatlG~la. .1... the V..t It.. af ..1. 14."65 .c~. c~.c~ ~. tbe S.gthv..~ eOE..T of ..i. tl'.CI '01' ch. S..~be..t e.~~~~ o~.cb. ho~.l.. da.o~lb.. t..Q_, ~"E.CK ge.~eI'11 .~~a,. S.uc~a~. V.cl1Le ..ilTS.. Co....y risbt o~ ..Y (laa I..c viC.) e. Soucbea.c ce~a.r at a.'76' a~~. ~~.aC ca~Y.~ad Ie la, C.l'a~, ~~. '),. <<I. WId trail the u...%'.t.... . &'2'."u~" ..t.' ~~.. 11. 1'.6.~e.cIGI cle~_'. fl1. .aTka ~"'3.7 aSJ.aa-l1~3 ~a13'09', 'aw ta. SQU~~..~C ca~..w ., ~h. b.~el. 'oSGwlbc. ccactl TdZ~CB .a~~bczl, .laae tb. la.&.rl~ 11.. of a..,.~ .e~. _~.cC && 1_. ..wl....~ C.T.C~ 0' ~I'.~t law ... .a~ch.e.~ caE..1' a! e~. ,.~.t. .clC'i.... ...ce; ...1.4 ..... ..- ~HE.C. 1.'CaCl7 acza.. ..1. Saut~.~* ~.cl'lc a.l1. co.. Ca....~ ~i.hl.f ..p ClOD ,... v14.) co l~. '~AC& a. IIG1..IHG. 6..'&1.'.. 1_32 aCT.. .~ I.... .OT. .lIt' 1..._" EXHmIT "A" Ordinance No. 98- 2259 Tract 2 _ _ ~~O" .. ~~ ~~[J' li . . All th.~ c.2~&in ~re~t Q~ e~~c.l o~ land in H.~~i. cowst.y. Texas.. O\&~ ~f t1!-e1f. .. MaRXS Suayzy A-3D. .mc~. ga~1cular~y QOGcrtbe. ~ mQ~as a~ bcunda .. ~l~Q"'.. to-Wit.. BaG%.~%Ma.a~ . potb~ aa the ~..~.~ly 11he a~. SOU'l'tf2R1r PAC'I.:rc. ItAZt.aOAa C:ClU'AIIY &"1gh"..~~-~1" SQu~h 89. 53' 5.- lae~ 89.22 !~; f~~ . eoacrct. HQ-~.~ ma.ka4 HUMBLE 'lS~. .a1~ ~~9inhipg pa~ being llaZ'kecr. 'by a 5/B" iren J:od .for ~hl!t Sou~hCU~.B"t. eQrne~ o~ the bar.1n ae8cr1~e4 ~r.ctl . . ~H2M~~ .a&"~k 8'. 53' 54- Wq.~ 89~a2 ~t.. ~a ~BLE ~.U~ Do. 185 far South__.~.eorD8r of ~hi. ~ra~t art ~he Ve8t:. 1.1ra.. ~ 'the ". P. IlAaR%S SUaYEY, . TSS!1C3 Ilorth 0- 04' 03'" Wea~ with ~e "e8~ 1ill. a~ ea!e suaY.SY 5'9.44 ~~. ~Q . 5/8- iroq ra4 fo~ MQ~~hW8.~ corDer; TH~E Sou~h 89- 53' 54- ..s~ 14.00 f~. to a 5/8. iroD ~Q4 ~Qr WQr~8a.~ ~orner d~ ~. We8~8~ly ~l,b~-af-way lins of 8ai4 SCUTKRaM ~CIP!C ~LRaAD, TH2!IC:E SOQ'C.b 1- 35 I 20. laa't vi~h Chit N118'te&"~y zo:lgh e.-o!-wa1" 1:1.". ~ ...i4 1IA11.1.OAD (100 ~t. willa J S.14~.r~ ,f~. ~o 'the PlAc:s or 8EannrXIIC;, C:QQ~ainj,a9 0.&141 acr.. ~r 21,389.93 .q. f~. ae laad. EXHmIT "A" Ordinanct:! No. 98-2259 Tract 3 e e co~v EXIIIBIT "An INDUSTRIAL DISTRICT AGREEMENT WITH BAYSHORE INDUSTRIAL, INC. All that certain tract or parcel of land. consisting of 32.9112 acres in the W.P. lIarris Survey. A-3D. Harris County. Texas: BEGINNING AT THE intersection of the south right-of-way line of McCabe Road and the west right-of-way line of State 1I1ghway 146; THENCE in a southerly direction coincident with the west right-of-way line State lIighway 146 to its 1 ntersect i on wi th the north boundary of the former Bayshore Municipal District Sewage Disposal Plant a 4.069 acre tract; THENCE northerly and westerly coincident with the eastern and northern boundaries of the former Bayshore Municipal District Sewage Disposal Plant a 4.069 acre tract to its intersection with the east rlght- of-way of the G.II.& S.A. Railroad; THENCE northerly coincident with the east right-of-way line of G.H. & S.A. Railroad to Its intersection with the westerly projection of the south right-of-way of McCabe Road; THENCE easterly along the south right-of-way line of McCabe Road to the POINT OF BEGINNING, said tract being 32.9112 acres. Said 32.9112 acres being more particularly described in Exhibit "A", Tract I, Tract 2. and Tract 3 Bayshore Industrial, Inc. e e co~w EXIIIBI'r "A" 'fJlA C'l' 1 I)AYSIIORE JNIlUS'I'1l1Ar" INC. Being 14.6253 acres of land out of the C.I-'. McCabe 20 acre tract in the H.P. lIarrls Survey, Absl:ract No. 30, lIarrl.s County, 'fexas, said I:ract being described as follOWS. BearLngs are based on North 010 35' 20" West as per record description. BEGINNING at a polnl: on I:he '''esterly righl:-of-way line of re-local:ed State I1lghway No. 146, where same intersects the South rlght:-of-way line of McCabe Road (00 feet wide) sald point being marked by a 4 x 4 conccete (lght-of-~'ay marker (top now brokon off I for the Northeast COCller of the herein tlescrlbed tract, '1'lIENCE South 2]0 40' 36" '''esl:, wlth the '''esl:erly line of said Sl:ate IIlgh~/ay 146, a dlsl:allce of 501.21 teet 1:0 a 4 x 4 concrete rlght-of- way marker for corner, sald point beillg I:he Norl:heast corner of a called 18.4205 aOre I:raol: now or formerly owned by tho Carla Company, et al, '1'lIlmCE South 0002]' ]9" '''est, along the North 11l1e of Bald 10.4205 acre I:ract and generally alollg a tence (as shown on survey map) at 2511.40 feet passing the centee line of lIa"is County Flood Conteol EaBement No. AI04-09-00, at 110.25 feet and 0.32 feet South passlng a 2 inch pipe, at 1009.00 feet passing a 1/2 Inch Iron pipe on )In~ and continuing In all 1040.61 feet to an iron "T" call fence post set in concrete (found broken off level with the ground and leanlng- eeset) for coener, said point being In the I~ast rlght-of-~'ay line of the Southern Paclflc Railroad 100 foot rlghl:-of-Ilay (based on the onnl:er line location of. teacts), TII~NCE ~orl:ll 010 35' 20" Hesl:, alollg I:lle East line of said railroad, SJB.60 feel: 1:0 a SIll ll1ch Iron rod sel: for cornec frolA wldch .a J/4 inch Iron pipe is found 1.60 feel: South and 1.10 f.eet I~ast, said point being In the Soutll line of said McCabe Road, 'l'III~NCI~ I-Iorl:h 000 35' 30" Easl:, a101\9 I:he BOllth line of McCahe Road and generally parallel 1:0 and 1.00 feet Noeth of a fence at 31.01 feet and 2.50 feet South passing a 3/4 Inch Iron pipe at 103.10 feet pasdin9 the center .line of sai~ tlreln easement and continuing In all 1341.51 feet 1:0 the PLACB OF BEGINNING and contalnln~ within I:hese calls 14.6253 acres of land. e e EXIIIBIT "A" '1'I\AC'r 2 C.. O."'.~".q..'-"y .. </,.~ 8 . " .'-: .~~ , 8AYSIIOR8 IHnUSTnJAL, IHe. lIu1nl1 II 11.1300 IIc..e trllct of 11111,1 ) (l1:lltu.1 JII I:h.: II. I'. IIl1rrJII SlIrvuy, A-311. 1I11l'l'ls Count)'. '1'IIl111S1 lJlIJ,d 11.13110 IIC1'U trllct Isf 'JIIIIII buJIIU out &II Lhllt curtllJII 10.',21\5 /Icru U"lIct of Jail II I conveyed by 1I'"l1is O\llIlIl"S '1I1VUlItIUOllt (lullIl,oIlY to ... 'I'. Cllrte..: '1'[u8toO 111111 "'u1.1111 thll II UC: 011,1 trllct 1111 IIIUIII:JIIIIUal In thu IhuIlI uf l'ucol'l1 fllud III11II1L' \I11....Ls Cllllllty r,11ll'\l11I 1IIIu 1111. IWI16611. 'l'hu 11.1300 IICl'lI ~rllcl: 01 Il1nal :is IlIure 1\llrtlclI1ndy a1oaccJ"'e,1 by 1I1111:UII III11J \111111111/1 au fullu""l 110111111111111 /II: II III1H:ul IlOtlt JII cUlwrlJtCl. fUIIII,1 fo.. tlllJ 1I0nllllllut corllur III thu 1II:I',!'ln dl!L1crl!lI!l1 tnlc&:j oll'lal I,olnl: \lelIlU I:UIIlClaluut "Ith thu ~1I8t<;rly boulILlllry 11110 of of thu 0.11. " Ii.A.Il.Il. (:'"III\lIIIY 11I0 I'uut ,,1.lu rluht-ot-"IIY una! 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" II.A.Il.n. 1111,1 thb \lad I:ur! y 1II.',::W:i 111:1'11 l:rlll:Cj II ,11111:11111:11 "f 1!l1.55 f"ut LII Lltu .'n/II'I' 0.1 \IUIU/II/UIG, ,t lfi~ r~~."~~~"~:!:t'.JI) A'" J~ '..,. :....~ 'WilS' ;'::'Iiii:'lfi... ..,:. ....... .... ...... II ..... .0... 211:11 .: (,. ., IS . q;v ~ ';';!,:!I:Jrr"I,~;..~t;) . !.::l.' 'siii~;. ,s-...-/ a~"t:L. ..--- .....:1... . r\111~!i I~, IIIU:K 'rEUS IIIW'! STEnEn J'IIII1.1 C sunVI~Y()1l IIn. 21121 \IA'I'I!; I\OVlmlllm I 2 . I !)/Il ,HIli IIn. 1'136-01 e e EXIIIBI'l' "A" ~tR\a' . ~~ ~\W~ tt TIlAC'I' J BAYBIIORE INDUS'fRIAr" HIC. 1:11:0.11:1 111.15:51 aCI'I!t1 .:,J' li.\\',,'I, h":'I'II' .;.,. INaSiI bllfh," .11 pm'l; c.r II e,.~\lfI'" Ill. 'li::L1:5 al:a'l!I !;,'lll:!; .:.,' 111"'(/, all;u,lIlud In I;h,lt I.'. I'. Illll'I'Ie. 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I "II I: hI!' 11,.:."1: U.:.",I:II (:':'I',',I~" ..:.1' i\ iii. 1311,U 1.II:"liI I: ,'h,';1: I '1I1r:NI~I: 1-1.:.,'1:11 12\';) ..lm.....nIlE1, loll ....,.,..'tIJ'I. 2~' SEl,~.:.rl,hl Eilllt o!i IIlsl:!lr,I:L't .~..: i=:tJ.I/'.1lJ f~'i11; \;.:..1 II;::' i....::1I II":""' 1,lfI'! 11111; f':'I' 1:111- 1I1.-,EiI: cill:il: '-:':'1','.111' .:'., eCllr.l vl.13V111 iII:"L:1 ll,.,.e\: ,:'" I ill' ,I'I , If, 1:11I!lli':".ILI' I Ilia 1:'( ii 1'1. 'I:; col:"1'/ I: ..,.:lcI; .:.. I' I ill'l,ll "'1.IEI4r:1~ 1-1':'1'1:11 no d"III'I!U~i, .~:;:: ..d r,,,tWi, ~':J lle.:.:.r,t1s 1::11111; II:.' J lIul H..,I.lth nil L11![JI'aaSI i::'1 1I111,1.11:IHi, ~;II IUil~':'I'llIu UUli\;1 a,I':''''1I ill",L1I.,ltll till! f1.:.ul:h Ilr,u 0:" saId III. I,~ .!Ir.:I"1 tl'~lel: .:.f 1.1(,d, !I 111,,1:.:"'cu cd' ~1lI2. r:.-, fl~I'\: 1;.;:. 1:1111 Plo!lI~l! or 1~t1l1lrll"oI''''n IIt,II 1:.:.,'01:..11,011"11 11.1, I::it:il ~1I:,'IH' .;,1' 1.i1(,II, hl.:lI'ti1 0:.,' lo=.UI. ;:'~~;i:IU:~:":'II'''"&1' .,.", III.,. 'lit .... IIIE 5 1AI1'~~ 1!'f~IS"'lrilH'~" .......~i=.'m~u't: II,:,,,,~..... , . CUlJNI~ 01' I I " '.Ill'..,..~. . II " "liS Scq..~~~~= ';'h~ 11'11 III" hnl/'I/III'I! ." II. II ' ...1. "II~ulli'~I; ,It 111,1,11111 '.II"UIII~lll'" lIt: "',."ulllbr' "lIIil CoulIl" 'i:~,I~~ " I'll" M,,( lilli/II': :,t:"~:~~',~::1 "'A Y :1 I~ao e e EXHIBIT "B" ~@~Y INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND BAYSHORE INDUSTRIAL, "INC. Company agrees that it will not, during the term of this Agreement, use the tract(s) of land described in Exhibit "A" to this Agreement, for any purpose other than the purpose for which said tract(s) of land are being used on the date of execution hereof, which is a blending, mixing and plastics processing operation. Company's raw materials are plastic pellets from major American producers and mostly food grade additives that are mixed into the plastic. The final products by downstream producers are films, wire coatings, insulation, and moldings for many applications including household appliances and automotive uses. The waste generated by Company shall consist principally of paper bags, corrugated craft and wooden palettes, plus some scrap plastic. All plant waste that is not recycled shall be disposed of in an approved sanitary landfill. City shall not be obligated to dispose of Company's waste. Company shall not dispose of any matter on the tracts of land described on Exhibit "A", by any method, including, but not limited to, incineration, toxic emissions, disposal wells, burying, or any other form of disposal. Company further agrees that it will, during the term of this Agreement, keep and maintain a "greenbelt" of trees and other vegetation, in a minimum fifty foot strip of land, described as follows: A minimum fifty foot "greenbelt" along Company's property line abutting the state Highway 146 right-of-way; A minimum fifty foot "greenbelt" alon9 Company's property line abutting McCabe Road, and extend1ng from the state Highway 146 right-of-way, approximately 650 feet east; and A minimum fifty foot "greenbelt" along Company's south property line, except for that portion of Company's south property line required for rail track ingress and egress. Company shall retain the right to create reasonable openings in 1) 2) 3) such "greenbelts", for ingress and egress to its property. e e '. REoulr FOR CITY COUNCIL AGENDA .M Agenda Date Requested: JubJ 3 1998 Requested By: John JoemJ~ Department: Administration "J1'o _ Report _ Resoluti~ X Ordinance Exhibits: Ordinance 98- Letter from Comprehensive Plan Update Review Committee Professional Services Agreement with Wilbur Smith Associates SUMMARY & RECOMMENDATION This year's budget includes $120,000 for an update to the City's Comprehensive Plan. In March, four firms responded to the City's "Request for Qualifications". After presentations by each firm to a selection committee (see attached letter), the firm of Wilbur Smith Associates (WSA), with support from RUST Environment and Infrastructure, was identified as the top respondent. Wilbur Smith Associates provided a draft Professional Services Agreement and Scope of Work for review and input by Staff The proposed Agreement provides for WSA and RUST to perform the following services, related to the Comprehensive Plan Update: *Data Collection and Evaluation *Leadership Interviews * Agency Interviews *Citizen Participation Program *Community MtgslPublic Hearings *Progress Reports *Land Use Plan *Utilities Plan *Comm. Facilities Plan *Residential Dev. Plan *Redev. Strategy Plan *Thoroughfare Plan *Open Space/Ped. Plan *Beautification/Conserv. Plan *Public Safety Plan *Capital Improvements Plan The fee for these services shall be for actual time and expenses not to exceed $120,000 without further authorization. The City will be responsible for certain expenses, such as postage for mailings, advertisements, clerical support for preparation of minutes, etc. Funds for these services and activities will be included in the City's proposed FY 98-99 budget. After the draft Comprehensive Plan Update is approved, Wilbur Smith Associates will provide 100 copies of the Plan. Recommendation: Staff recommends Council's approval of an Ordinance approving a Professional Services Agreement with Wilbur Smith Associates, authorizing the City Manager to execute and appropriating $60,000 from Fund 015, General CIP Fund and $60,000 from Fund 003, Utility CIP Fund to fund the Agreement. e e l ~ . I I L' 1" " ~ I ~~ :'~l'-' l r (., : '1;, ~ J I ,', - :; II I I ,,'-l I:\.: I I" A vailability of Funds: General Fund_ Water/Wastewater -X-- General Capital Improvement X Utility Capital Improvement . Other Account Number: 015-9892-759-1100 003-9890-759-1.'100 .Funds Available: -X- YES NO - ---- Approved for City Council Ae:enda 1/col'\fb CX~ T. Robert T. Herrera City Manager ~ Date e e ORDINANCE NO. 98- 2'261 C~: "', 0,-- : ~-;~-c>'~' , I~; .' ~. . "': ,. . "... . . . AN ORDINANCE APPROVING AND AUTHORIZING A PROFESSIONAL SERVICES AGREEKJDIT" BETWEEN THE CITY OF LA PORTE AND WILBUR SMITH ASSOCIATES, INC., FOR PROFESSIONAL PLANNING SERVICES RELATED TO THE DEVELOPMENT OF THE CITY OF LA PORTE COMPREHENSIVE PLAN UPDATE; HAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. 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 Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, 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 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e ORDINANCE NO. 98- 2261 e COP"'"V.. .' .. : '. . r,- . t . . ".' ~ ~ J to :~'.. '.' ~. PASSED AND APPROVED, this 13th day of July, 1998. ATTEST: ~AJJ. .;{)}Jd( a tha A.Gillett City Secretary .,'" .' By: CITY OF LA PORTE ~~.4~~ N man L. Ma on Mayor PAGE 2 eo' @" ~"~Jl1 . .'. . ~~ ~~ ..." ~ T~: " " ." l~ City of La Porte Established 1892 July 21, 1998 Mr. Bret Keast Director, Urban Planning Services 9800 Richmond Ave., Suite 400 Houston, Texas 77042-4521 Dear Bret: Enclosed are two executed originals of the Professional Services Agreement approved by City Council on July 13, 1998. After signature by Wilbur Smith Associates, please return one fully executed Agreement to my office. This letter shall serve as your authorization to proceed with the services described in the Agreement. The City's project director will be Doug Kneupper, Planning Director. Mr. Kneupper will be Wilbur Smith Associates' point of contact for communications and coordination with the City. I am especially looking forward to the monthly updates with Wilbur Smith Associates and selected members of the City's Staff. On behalf of the City Council, the Planning and Zoning Commission, citizens and City staff, I welcome you to the team that together will offer vision, definition and strategies for the future development of the City. Sincerely, 6<~"T. ~ Robert T. Herrera City Manager C: Mayor ~d Council /' Betty Waters, Chairperson, Planning and Zoning Commission John Joerns, Assistant City Manager Doug Kneupper, Planning Director Enc!. RTH/dly P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 e &PV-' . '. '." ,: .. ~: .', ;' : .; ,if.. : ':"., "". .:,' ,; . .IS City of La Porte Established 1892 00 ~ III ~ 0 W ~ mi .' " . lIMO I U I! Jl;i~ - .~ L J May 21, 1998 ASST. CIll' MANAGER OFFICE The Honorable Mayor and City Council Dear Mayor and. Council: This is to inform you that the Comprehensive Plan Update Committee, after careful consideration and deliberation, has interviewed and recommend the engagement of the firms, WIlbur Smith & Associates and RUST Environment & Infrastructure, to provide professional planning services for ,updating our Comprehensive Plan.- I have enclosed an Executive Summary of the chosen:firms. We believe this combination will bring the right.level of attention and study effort to the task at hand. Our goal is to. negotiate a consulting agreement with them and to bring this matter to a Council meeting agenda in June 1998. Sincerely, ~~0 Howard Ebow Councilmember ~etty~~/ Planning & Zoning Chairperson Robert T. Herrera City Manager }~ G?~T~ Guy Director of Planning RTH:cjb Enclosure . P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 . e t(Q)~Y PROFESSIONAL SERVICES AGREEMENT COMPREHENSIVE PLAN UPDATE for THE CITY OF LA PORTE, TEXAS STATE OF TEXAS s s s KNOW BY THESE PRESENTS: COUNTY OF HARRIS This Agreement made this ~day of;r~ ' 1998, by and between the City of La Porte, Texas, acting by and through Robert T. He era, City Manager, duly authorized by the City of La Porte City Council, hereinafter referred to as the "CITY," and Wilbur Smith Associates, Inc., a Delaware Corporation authorized to do business in Texas, acting by and through its Regional Vice President, Mr. Richard C. Mobley, II, ASLA, AICP, with offices located at 9800 Richmond Avenue, Suite 400, Houston, Texas, hereinafter referred to as the "CONSULTANT," do hereby make and enter into the following Agreement. ARTICLE I CONSULTANT 1.1 The CONSULTANT, as an independent contractor, covenants and agrees to perform the professional planning services related to the City of La Porte Comprehensive Plan Update as described in Article II, Scope of Work. Such services shall be performed by the CONSULTANT in accordance with the terms of this Agreement and for the consideration stated. The CONSULTANT covenants and agrees to perfonn the services in a professional manner. The CONSULTANT shall complete the Scope of Work and shall submit reports to the CITY as required. 1.2 The CONSULTANT shall provide its services under this Agreement with the same degree of care, skill and diligence as is ordinarily provided by a professional planner under similar circumstances for the preparation of the City of La Porte Comprehensive Plan Update and to which the Agreement applies. CONSULTANT will further give professional consultations and advice to the CITY during the performance of the services under this Agreement. ARTICLE II SCOPE OF WORK 2.1 The CONSULTANT will perform the professional planning services related to the development of the City of La Porte Comprehensive Plan Update as set forth in Exhibit "A" which is attached and made a part of this Agreement. 2.2 Pursuant to this Agreement, the CITY shall have the option to obtain the services of CONSULTANT to perform Additional Services. SuCh Additional Services shall be described in a written Amendment to this Agreement, as agreed mutually by the CITY and CONSULTANT, induding description of the additional work, associated compensation, and time schedule as applicable. Matters which shall constitute Additional Services shall include, but are not limited to the following: (1) Additional workshops or meetings other than the number identified in the Scope of Work; (2) Additional trips to the City of La Porte, Texas other than the number of trips identified in the Scope of Work and Project Schedule; (3) -Page 1 of 9- e e Other work tasks or study activities not identified in the Scope of Work; (4) Additional copies of deliverables including draft and final written reports and maps other than the number of deliverables identified in the Scope of Work; (5) Extension of the Project Schedule for reasons other than those for which responsibility is due to the CONSULTANT; and, (6) Other related or unrelated professional planning and engineering services that may be required by the City. ARTICLE III CONSULTANT PERSONNEL 3.1 The CONSULTANT represents that it has or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the CITY. 3.2 The CONSULTANT may contract with Subconsultants for portions of the work or services under this Agreement with the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by a written Agreement and shall be subject to the provisions of this Agreement. The CITY hereby approves the use by the CONSULTANT as SUBCONSULTANTS under this agreement of Rust Environment and Infrustructure, Inc., . located at 2929 Briar Park Drive, Suite 600 Houston, Texas 77042. ARTICLE IV SUPPORT SERVICES 4.1 The CITY agrees to provide the CONSULTANT with support services during conduct of the services listed in Article II. Scope 'of Work. Support services will include the services described in Exhibit "B" which is attached and made a part of this Agreement. 4.2 To the extent authorized by law, the readily available existing data and documentation obtained by the CITY that are relevant to the accomplishment of the Scope of Work specified in Article II shall be made available by the CITY for use by the CONSULTANT. 4.3 The CITY shall consider and act on all documents and project work items submitted by the CONSULTANT that require review I comments or approval by the CITY within a reasonable period of time so as to enable the CONSULTANT to complete the work on schedule as provided in Article V of this Agreement. 4.4 The CITY agrees to provide the CONSULTANT with support services needed to organize, schedule, notify, provide meeting locations, conduct meetings. and prepare minutes of meetings for the La Porte Comprehensive Plan Update, including committees, workshops, public meetings, and public hearings as described in Article II. Scope of Work. The CONSULTANT will advise and coordinate with the CITY to accomplish these support services; ARTICLE V TIME OF PERFORMANCE 5.1 The CONSULTANT shall commence services upon execution of this Agreement and receipt of written Notice to Proceed from the CITY. -Page 2 of 9- e e 5.2 The CONSULTANT shall complete the services described in Article II, Scope of Work within twelve (12) months from receipt of written Authorization to Proceed by the CITY, unless terminated, or unless the Scope of Work and Time of Performance are changed in accordance with Article X, Changes or Termination. 5.3 The completion schedule set forth in Paragraph 5.2 may be subject to causes that result in delay over which neither the CONSULTANT nor CITY has any control. Notification and justification for any such delays identified by the CONSULTANT must be made in writing and approved by the CITY. The schedule of work will be extended to include any such delays pursuant to Article X, Changes or Termination. 5.4 This Agreement shall terminate upon the CITY's final acceptance of work completed by the CONSULTANT or on October 31, 1999, unless otherwise terminated or modified as hereinafter provided. ARTICLE VI COMPENSATION TO CONSULTANT 6.1 The CITY shall compensate' the CONSULTANT a maximum amount payable under this contract not to exceed $120,000.00, which includes estimated costs in the amount of $105,687 as well as a fixed fee of $14,313.00. However, the maximum amount may be modified pursuant to Article X, Changes or Termination, in the event of increased cost, change in the scope of work, time of performance delays, or increase or decrease in the complexity or character of the work. All payments made hereunder will be on the basis of reimbursement of actual costs incurred, not to exceed the limits the maximum amount payable under this contract. The CITY shall make partial proportionate payments of the fIXed fee based on the amount of work completed by the CONSULTANT. 6.2 Payment shall be made by the CITY upon receipt ofa detailed statement showing the actual cost incurred, proportionate amount of fixed fee, total amount earned, amount previously invoiced, and amount payable. The CONSULTANT shall submit a monthly progress report letter containing a report of work completed and the percentage completion by task and for the overall project. The progress report letter will describe the services performed and work accomplished during the report period, as well as any problems or delays encountered and actions taken to remedy them. Each statement shall be certified true and correct by an Officer of the CONSULTANT. Each invoice is due and payable by the CITY wi~hin thirty (30) days following the date of receipt by the CITY. When approximately sixty (60) percent of the $120,000.00 authorization has been spent, the CONSULTANT shall provide, with the monthly progress report, an assessment of the project to date, induding recommend modifications to the scope of work, and/or the expected need for additional authorizations, if any. The CONSULTANT will not exceed the maximum fee of $120,000.00 unless authorized in writing by the CITY. 6.3 The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the CITY for the performance of this Agreement. If at any time during the period of performance under this Agreement sufficient appropriations and authorization are not made by the CITY, this Agreement shall terminate upon written notice being given by the CITY to the CONSULTANT. The CITY's decision as to whether sufficient appropriations are available shall be accepted by the CONSULTANT and shall be final. .Page 3 of 9- e e ARTICLE VII PRODUCT OF SERVICES. COPYRIGHT 7.1 The CONSULTANT and the CITY mutually agree that reports, maps and materials prepared or developed under the terms of this Agreement, shall be deli vered to and become the property of the CITY. The CONSULTANT shall have the right to retain copies and to utilize the product of services for marketing purposes, except for any confidential information, as defined in Article XI, hereof. 7.2 The CONSULTANT shall fumish the CITY with the number of copies of reports as shown in Article II, Scope of Work. 7.3 Nothing produced in whole or in part by the CONSULTANT under this Agreement shall be subject of an application for copyright by or for the CONSULTANT. ARTICLE VIII PRIVATE INTERESTS OF PUBLIC OFFICIALS AND CONSULTANT 8.1 No employee, agent, or member of the local public body of the CITY shall have any financial interest, direct or indirect in this Agreement or the proceeds thereof, except as allowed in Section 3.1 of this Agreement. ARTICLE IX CERTIFICATIONS OF CONSULTANT 9.1 The CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, any commision, percentage, brokerage fee, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 9.2 The CONSULTANT presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services under this Agreement. ARTICLE X CHANGES OR TERMINATION 10.1 This Agreement may not be altered, changed or amended except by instrument in writing executed by the parties hereto. 10.2 The CITY may, from time to time, request changes in the scope of work and time of performance for the services of the CONSULTANT to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONSULTANTS compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written amendments to this Agreement. 10.3 This Agreement may be terminated before the termination date stated in Article V, Time of Performance, by any of the following conditions: -Page 4 of 9- e - (a) Right of Either PartY to Terminate for Cause - This Agreement may be terminated by either of the parties hereto for failure by the other party to perform in a timely manner and proper manner its obligation under this Agreement. A signed, written notice of such termination shall be delivered to the other party by registered or certified mail and such termination shall take effect twenty (20) days after the notice is deposited in the mail, provided that the failure to perform has not been remedied by that time. By such termination, neither party may nullify obligations already incurred for performance or failure to perform before the date of termination. (b) Right of the CITY to Terminate for Convenience - This Agreement may also be terminated by the CITY for reasons other than failure by the CONSULTANT to perform in a timely manner and proper manner its obligations under this Agreement. A signed, written notice of such termination shall be delivered to CONSULTANT by registered or certified mail and such termination shall take effect not less than seven (7) days following the date that the notice is deposited in the mail or at 5:00 P.M. on the date the notice is received by the CONSULTANT, whichever is sooner. 10.4 Upon receipt of a notice of termination under any of the conditions under Paragraph 10.3, the CONSULTANT shall, unless' the notice otherwise directs, immediately discontinue all services in connection with the performance of this Agreement. Within thirty (30) days after receipt of the notice of termination, the CONSULTANT shall submit a statement, showing in detail the services performed under this Agreement prior to the effective date of termination. Data and study products prepared by the CONSULTANT under this Agreement shall be delivered to the CITY if requested. 10.5 Upon the conditions specified in Paragraphs 10.3 and 10.4 being met, the CITY shall promptly pay the CONSULTANT allowable costs incurred, less previous payments. The CITY will only be obligated to compensate the CONSULTANT in a just and equitable manner for those services performed prior to the effective date of te,rmination and upon the CONSULTANT's submitting a statement of actual services performed and payment requested. 10.6 Notwithstanding the provisions of Section 10.5 above, the CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any negligent act or omission or any breach of the Agreement by CONSULTANT. ARTICLE XI CONFIDENTIALITY 11.1 Any information determined to be confidential pursuant to the Texas Public Information Act that is provided to or developed by the CONSULTANT in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the CONSULTANT without prior written approval of the CITY. ARTICLE XII INSPECTION OF RECORDS 12.1 The CONSULTANT shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds. These records will be retained for three years after the expiration of this Agreement. .Page 5 of 9- It e 12.2 Any time during normal business hours and as requested by the CITY, the CONSULTANT shall make available to the CITY for examination all of its project records with respect to all matters covered by this Agreement and will allow the CITY to review, examine, and make excerpts from such records, and to make copies of all contracts, invoices, materials, payrolls, records of personnel conditions of employment, and other data relating to all matters covered by this Agreement. The Financial records of the CONSULTANT are maintained in its . corporate office located in Columbia, South Carolina, and copies will be available upon request in a timely manner in its regional office located in Houston, Texas, for audit purposes to the CITY or its authorized representative. ARTICLE XIII INSURANCE AND INDEMNIFICATION 13.1 Insurance A. The CONSULTANT agrees to maintain Worker's Compensation Insurance to cover all of its own personnel engaged in performing services for the CITY under this contract in the following amounts: Workmen's ComDensation: Statutory B. The CONSULTANT also agrees to maintain Commercial General Liability, Business Automobile liability, and Umbrella Liability Insurance covering claims against CONSULTANT for damages resulting from bodily injury, death or property damage from accidents arising in the course of work performed under this Agreement in the following amounts: Commercial General Liability Insurance: Personal injury and property damage - $500,000.00 combined single each occurrence and $500,000.00 aggregate; Business Automobile Liability for all vehicles: Bodily injury and property damage - $500,000.00 combined single limit each occurrence; Umbrella Liabilitv: $1,000,000.00 Contractual Liability: $1,000,000.00 C. The CONSULTANT shall add the City of La Porte, Texas as an additional insured on all required insurance policies, except workers compensation and errors and omissions insurance. The Commercial General Liability and Umbrella Liability Policy shall be an .occurrence" type policy. The Commercial General Liability shall also include protection against claims insured by usual personal injury liability coverage, a .protective liability": endorsement to ensure contractual liability coverage, a .protective liability": endorsement to ensure contractual liability assumed by CONSULTANT under Section 13.2 entitled Indemnification. D. The CONSULTANT shall furnish the CITY with an Insurance Certificate on the date this Agreement is executed and accepted by the CITY which confirms that all required insurance policies are in full force and effect. -Page 6 of 9- It - E. The CONSULTANT agrees to maintain errors and omissions liability insurance in the amount of not less than One Million Dollars ($1,000,000.00) annual aggregate, on a claim made basis, as long as reasonably available under standard policies. 13.2 Indemnification: CONSULTANT shall indemnify, save harmless and defend the CITY, its ' officers, agents, servants and employees from all suits, actions, causes of action, losses, damages, daims, injuries, or liability of any character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees for loss, damage, injury or death to any person, or loss, damage or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the negligent acts or omissions of CONSULTANT or its agents or employees, in the execution of performance of the Agreement. ARTICLE XIV MISCELLANEOUS PROVISIONS 14.1 Neither the CITY nor CONSULTANT shall be required to perform any term, condition, or covenant of this AGREEMENT while such performance is delayed or prevented by acts of God, material or labor restriction by any govemmental authority, civil riot, floods, hurricanes, . or other natural disasters, any other cause not within the control of the CITY or CONSULTANT that by the exercise of due diligence the CITY or CONSULTANT is unable, wholly or in part, to prevent or overcome and supersedes all prior agreements and understanding between CITY and CONSULTANT concerning the subject matter of this Agreement. 14.2 This Agreement constitutes the entire agreement between the CITY and CONSULTANT. No agreements, amendments, modifications, implied or otherwise, shall be binding on any of the parties unless set forth in writing and signed by both parties. 14.3 The CITY and CONSULTANT agree that this Agreement shall be construed in accordance with the laws of the State of Texas. Any legal dispute between the parties shall be resolved in the following manner. The parties will in attenpt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by megotiation between senior executives of the parties who have the authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent the party. The executive shall meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they rea~onably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeaver to settle the dispute by mediation under the Construction Industry Rules of the American Arbitration Association. If the matter has not been resolved pursuant to the aforsaid mediation procedure within ninety days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the controversyf .Page 7 of 9- e e shall be settled by arbitration in accordance with "American Arbitration Association Construction Industry Arbitration Rules. by a sole arbitrator. The arbitration shall be govemed by the United States Arbitration Act, 9 U.S.C. & 1-16, and the judgement upon the award rendered by the Arbitrator may be entered by any count having jurisdiction thereof. The place of arbitration shall be Harris County. The arbitrator is not empowered to award damages in exces~ of actual damages, including punitive damages. 14.4 If one or more of the provisions of this Agreement, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of this Agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect. 14.5 Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing and shall be mailed by certified or registered mail addressed as set forth below or at such other address as may be specified by written notice: CITY: Robert T. Herrera, City Manager City of La Porte P.O. Box 1115 604 West Fairmont Parkway La Porte, Texas 77572-1115 CONSULTANT: Richard C. Mobley, II, Regional Vice President Wilbur Smith Associates, Inc. 9800 Richmond Avenue, Suite 400 Houston, Texas n042 14.6 The waiver by either party of a breach of any provision of this Agreement shall not constitute a waiver of .any subsequent breach of this Agreement. 14.7 The CONSULTANT ~hall not assign any interest on this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the CITY thereto. Provided however, that claims for money by the CONSULTANT from the CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be fumished promptly to the CITY. 14.8 Successors and Assigns: The CITY and CONSULTANT each binds itself and its successors, executors, administrators and assigns to the other parties of the Contract and' to the successors, executors, administrators and assigns of such other parties, in respect to all covenants of this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer, board member, commissioner, employee or agent of any public body which is a party hereto. 14.9 ReDorts and Information: The CONSULTANT at such times and in such forms as CITY may require, shall fumish CITY such periodic reports as they may request pertaining to the work or services undertaken pursuant to this Agreement, the cost and obligations incurred or to be in connection therewith, and any other matter covered by this Agreement. 14.10 Incor:poration of Provisions Recuired bv Law. Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein and this Agreement shall be read and enforced as though each were included herein. If through -Page 8 of 9- e e mistake or otherwise any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 14.11 Waiver. The failure on the part of any party herein at any time to require the performance by any other party of any portion of this Agreement shall not be deemed a waiver of. or in any way affect that party's rights to enforce such provision or any other provision. Any waiver by any party herein of any provision hereof shall not be taken or held to be a waiver of any other provision hereof or any other breach hereof. 14.12 Survival. Any and all representations and conditions made by the CONSULTANT under this Agreement are of the essence of this Agreement and shall survive the execution. delivery and termination of it. and all statements contained in any documents required by the CITY. whether delivered at the time of the execution or at a later date, shall constitute representations hereunder. 14.13 Cumulative Remedies. In the event of default by any party herein. all other parties shall have all rights and remedies afforded to it at law or in equity to recover damages and to interpret or enforce the terms of this Agreement. The exercise of anyone right or remedy shall be without prejudice to the enforcement of any other right or remedy allowed at law' or in equity. 14.14 State or Federal Laws. This Agreement is perfomled in Harris County, Texas, and is subject to all applicable Federal and State laws. statutes, codes, any and applicable permits, ordinances, rules, orders, and regulations of any local, state, or federal government authority having or asserting jurisdiction. 14.15 EQual EmDloyment OpDortunity. In the performance of this Agreement. the CONSULTANT will not discriminate against any employee or applicant for employment because of race. color, religion, age, sex, or national origin. The CONSULTANT will. in all solicitations or advertisements for employees placed by or on behalf of it, state that it is an Equal Opportunity Employer. 14.16 Multiple Originals. Two (2) copies of this Agreement are executed; each shall be deemed an original. . . . . . . . . . . . . . * IN WITNESS HEREOF, the parties have executed this Agreement in duplicate originals at La Porte, Harris County, Texas. . This J3tL. day of ~ll , I .1998. FOR THE CITY OF LA PORTE: FOR W1~UR ~MITH A~ ,[IATE~. INC.: By: ld,~ ~ loo'Richard C. Mobley, II, AS Regional Vice President By. Bol~\ T: ~ Robert T. Herrera City. Manager / ,., / ' -/ APP~;D'A~ TO F9~M: ,,:..< / . ' Y.. l,/' / .,.... A I.,. L {I..I_It"?I,/. .c-0.:' .~.4 City Attorney , -Page 9 of 9- . - REOUEI.OR CI1Y COUNCIL AGENDA IT. I Agenda Date Requested: ..., luJ11\'13 1998 riA ) Requested By: John Joe:k~.I h Department: Administration '\~/ _ Report ~ Resolu~on X Ordinance Exhibits: Ordinance Interlocal Agreement Exhibit" A" SUMMARY & RECOM'MENDA TION The Interlocal Agreement describes commitments by both the City and Harris County Flood Control District ("District") regarding further drainage improvements to the F 1 0 1 Watershed. The location of the project (Exhibit A) extends from the west Line ofUPRR west approximately 5,380 teet, then to the north right-of-way line of North "P" Street. City of La Porte aerees to (at its expense): ~ Acquire tracts identified on Exhibit A > Grant drainage easements to the District ~ ReLocate any city owned utilities affected by the Project Ban;s County Flood Control District aerees to (at its expense): ~ Coordinate preparation of metes and bounds descriptions and tract maps depicting the ROW acquisitions ~ Coordinate preparation of construction plans and drawings ~ Administer bidding, construction, inspection, material testing and surveying for the project ~ Be responsible for all pipeline relocations Additional features of the Aereement: ~ The City may request the District to obtain a portion of the right-of-way, if the City notifies the District 9 months before the start of construction. ~ The District agrees that the City may retain rights to utilize the right-of-way for other purposes such as landscaping, trails and utilities as long as these rights are subordinate to the District's rights tor drainage and flood control purposes. ~ The City shall give the District the right and the District shall enter the property to maintain the channel after completion of the Project (subject to the availability and certification offunds). ~ The District shall have available the total maximum sum of$2,000,OOO tor this Project. ~ Provides options for both parties in the event the lowest construction bid exceeds $2,000,000. e - The Agreement defines the Project as extending from UPRR west to station 34+00, and then north to "P" Street. The construction, however, will take place in two phases because of additional time necessary to arrange for and adjust pipelines at station 46+00. the City has budgeted $325,000 to meet the obligations under this agreement. Additional expenses are recommended to be funded from the $2,000,000 in the 1998 General Obligation Bond Sale. Recommendation: Staff recommends passage of an Ordinance approving an lnterlocal Agreement with Harris County Flood Control District and authorizing the City Manager to execute the Agreement. Availability of Funds: General Fund_ Water/Wastewater _ Capital Improvement_ General Revenue Sharing Other Account Number: 015-9829-716-1100 Funds Available: -X- YES NO With additional funding from 1998 General Obligation :Bonds, if needed. Aooroved for City Council Ae-enda G<~ T. ~ ..'d~l'\'b Robert T. Herrera .Date City Manager e - ORDINANCE NO. 98- 2262 C(Q)PV AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE HARRIS COUNTY FLOOD CONTROL DISTRICT, TO PROVIDE DRAINAGE IMPROVEMENTS FOR THE HARRIS COUNTY FLOOD CONTROL DISTRICT UNIT 1'101-00-00 WATERSHED: MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. section 2. 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 Law, 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 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e ORDINANCE NO. 98-2262 - C"o..p".l~ . I :. .' . .:L ".. '.' ..t ". .~:. . . ... PASSED AND APPROVED, this 13th day of July, 1998. ATTEST: '-MQ.~~ Ma ha A. GiI ett City Secretary ~~: "wrI;1/6 Knox W. Askins City Attorney By: CITY OF LA PORTE &~~ N rma . L. Ma on Mayor P~2 - e C'''O'p;.::V . .' . . ..... .'~'.: :? ., , . CITY OF LA PORTE Interoffice Melnorandum TO: / I Mayor and City Council Robert T. Herrera, City Mana FROM: John Joems, Assistant City ~ SUBJECT: F1011nterlocal Agreement with \ s County Flood Control District DATE: September 1, 1998 On July 14, 1998, City Council approved an Ordinance authorizing an Interlocal Agreement between the City of La Porte and Harris County Flood Control District for drainage improvements to the F101 Watershed in the Lomax area. We have received from HCFCD a fully executed copy of the Agreement signed by Commissioner's Court on August 12, 1998. The original will go to the vault as a permanent record. C: Martha Gillett, City Secretary, original Doug Kneupper, Director of Planning, copy Knox Askins, City Attorney JJ:dly . copy \n)1l~ Wll~ \~ ~ 1 1338 ~J ASST. CITY MANAGER OFFICE 'Harris County flood Control District CERTIFIED MAIL # 9113892 RETURN RECEIPT REQUESTED 9900 NOl1hwesl Freeway Houslon, Texas 77092 713 684-4000 August 31, 1998 City of La Porte P. O. Box 1115 La Porte, Texas 77572-1115 Attention: Assistant City Manager Reference: Inter10cal Agreement for drainage improvements for the Harris County Flood Control Unit F1 01-00-00 watershed. HCFCD Project ID# F101-00-00-E004 Gentlemen: Please find enclosed one (1) fully executed original of the above-referenced agreement between the City of La Porte and Harris County Flood Control District. This agreement is being transmitted for your use and files. Should you require any additional information, please contact me or Ms. Brenda Trevino. Sincerely, f,QJU)Ufv ~o.AJAJ~ Carolyn Rausin Engineering Contracts 'cr Enclosure: Agreement cc: Contract File Brenda Trevino 98EC004.WPD e' e INTERLOCALAGREEMENT COpy THE STATE OF TEXAS S S COUNTY OF HARRIS S THIS AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act (TEX. GOV'T CODE ANN., Chapter 791) by and between the CITY OF LA PORTE, TEXAS, a municipal corporation under the laws of the State of Texas, hereinafter designated "City" and the HARRIS COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic under the laws of the State of Texas, hereinafter designated "Districf' or "HCFCD." WIT N E SSE T H: WHEREAS, on August 2, 1988, the District and the City entered into an Interlocal Agreement to provide drainage improvements for the HCFCD Unit F1 01-00-00 watershed; and WHEREAS, the District and the City acknowledge that improvements to the portion of the F101-00-00 watershed upstream of Union Pacific Railroad's Strang Yard are part of a long-range plan to be implemented in phases and the portion of the F1 01-00-00 watershed upstream from Sens Road to "P" Street continues to experience flooding and drainage problems; and WHEREAS, the District and the City now desire to proceed with Phase II of improvements to Unit F1 01-00-00; and WHEREAS, the District and the City desire to cooperate by providing channel enlargements, pipeline relocations, and other improvements to Unit F1 01-00-00 from Union Pacific Railroad's Strang Yard to the north right-of-way of North "P" Street, hereinafter referred to as the "Projecf'; and WHEREAS, it is to the mutual benefit of the District and the City to undertake the Project, in order to provide relief to the affected area; and WHEREAS, the District and the City desire to share the cost of the Project, and are each willing to furnish funds for their respective commitments described herein; and WHEREAS, in support of the Project, the District is willing to administer the design and construction of the Project, at its Clwn expense; and WHEREAS, in support of the Project, the City is willing to acquire additional right-of-way needed to complete the Project, and adjust all City-owned utilities affected by the Project, at its own expense; NOW, THEREFOREI, in consideration of the mutual covenants, agreements, and benefits to the parties herein, the parties agree as follows: - - C~~y ARTICLE I The location of the Project is generally identified by the attached Exhibit "A." The Project is more specifically defined by drawings prepared by Landev Engineers, Inc. and extends from the west line of the Union Pacific Railroad (approximate station 78+00) to the north right-of-way line of North "P" Street (approximate station 11+00). ARTICLE II The District shall coordinate preparation of the metes and bounds descriptions and tract maps depicting the right-of-way acquisitions, and construction plans and specifications. The District shall also administer bidding, construction, inspection, materials testing and surveying for the Project at the District's sole expense. The District intends to bid and award construction of the Project in the manner utilized by the District for similar projects, and to award the contract in accordance with applicable competitive bidding laws. The District also is responsible for all pipeline relocations. ARTICLE III The City agrees to acquire at its expense the tracts identified on the attached Exhibit "A" or suitable alternatives. The City further agrees to grant drainage easements to the District in a form approved by both parties. The City may request that the District obtain a portion of the Project right-of-way for the City, if the City notifies the District at least nine months before the start of construction. If the District agrees to obtain the right-of-way for the City, the City shall pay the District for all right- of-way costs within 30 days of receiving a cost statement from the District. The District recognizes that the City would like to retain the rights to utilize the right-of-way for other purposes such as, but not limited to, landscaping, pedestrian/equestrian trails, hike and bike trails, and utility installations, which rights shall be subordinate to the District's right to use the right-of-way for drainage and flood control purposes. The City also agrees to relocate any City-owned utilities affected by the Project, at the City's sole expense. ARTICLE IV After the City has acquired the necessary right-of-way and after the City has conveyed drainage easements to the District, the District shall pursue the bidding and construction phase of the Project. The District agrees to utilize its best efforts to complete the Project within six months after the date the easements are delivered to the District. The District shall notify the City in writing of the bid price of the Project within thirty (30) days after verifying and accepting a legal bid for the Project. ARTICLE V I;ither party may rescind this Agreement by giving thirty (30) days written notice to either party, as provided for in Article X of the Agreement, if an acceptable bidder does not respond to the advertisement, fails to execute the construction contract, or fails to provide the bonds required by law. ARTICLE VI The District shall have the right to make any changes in the plans and specifications it may deem necessary or desirable during the construction of the Project in consultation with the City. However, neither party shall be obligated to expend any funds in excess of those herein specifically allocated for the Project as a result of any change. in said plans or specifications, except as provided in Article VIII. -2- e e COP"V"'" ..., 0' ,',,"" .': ,. j :: ;: I; :. i. ' :~ ,; , " .~ . . . : . .~ ;!:. ~ J ARTICLE VII The City shall give the District the right and the District shall enter the property to maintain the channel of Unit F101-00-00 after completion of the Project, subject to the availability and certification of funds. The cost of such maintenance shall not be offset against the cost of the Project. ARTICLE VIII The City has been advised by the District, and the City clearly understands and agrees, that the District shall have available the total maximum sum of $2,000,000 specifically allocated to fully discharge any and all liabilities that may be incurred by the District pursuant to the terms of the Agreement, and that the total maximum sum the District shall become liable to pay hereunder shall not under any conditions, circumstances, or interpretations hereof exceed the total maximum sum provided for in this article and certified as available therefor by the County Auditor. Upon taking bids, in the event the bid amount of the lowest and best bidder exceeds $2,000,000, the parties hereto shall have the following options: 1. The District may, after consultation with the City, reject all bids and re-advertise for bids for ,the construction of the Project in accordance with the drawings and specifications and in compliance with applicable competitive bidding laws. 2. At the option of either party, the District shall reject all bids and elect not to proceed with the letting of the construction contract and terminate this Agreement and the Project without further obligation to the City or District unless otherwise specifically provided in this ,Agreement. 3. By amendment to this Agreement, the parties may agree to share the additional cost and proceed to let the construction contract and continue with the Project. 4. By Agreement of the parties, the District may amend the drawings and specifications so as to reduce the scope of the Project, and negotiate with the lowest qualified bidder or re-advertise for bids. If the parties fail to agree under which option to proceed within sixty (60) days after the opening of bids, then this Agreement shall terminate without further obligation to either party. ARTICLE IX Neither the District nor the City shall make, in whole or in part, any assignment of this Agreement or any obligation contained herein without the prior written consent of the other party. ARTICLE X Notices and communications to either party under this Agreement shall be sent by certified mail, return receipt requested, or delivered to the following respective addresses: DISTRICT: Harris County Flood Control District 9900 Northwest Freeway Houston, Texas 77092 Attn: Executive Director -3- - CITY: e ~~O.i~~ ~~r 11 City of La Porte P. O. Box 1115 La Porte , Texas 77572-1115 Attn: Assistant City Manager ARTICLE XI This instrument contains the entire Agreement between the District and the City relating to the rights herein granted and the obligations herein assumed, and may only be amended by written instrument of like dignity executed by the parties hereto. ARTICLE XII This Agreement supersedes the Agreement of August 2, 1988, and the terms of this Agreement control if any provision conflicts with a similar provision in the August 2, 1988, Agreement in connection with this portion of the Project. " IN WITNESS WHEREOF, this instrument in multiple counterparts, each havin~ force and effect of any original has been executed by the parties on the I (/---{,..,. day of t:;t- f -- ,1998. ATTEST: APPROVED AS TO FORM: CITY OF LA PORTE 6<oW T. \-\~ City Manager City of La Porte, Texas City Attorney City of La Porte, Texas HARRIS COUNTY FLOOD CONTROL DISTRICT By Ro ert Eckels County Judge -4- . .eo~v ORDE~ AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT BETWEEN THE HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF LA PORTE THE STATE OF TEXAS i i COUNTY OF HARRIS i On this, the 11th day of ~t6r , 1998, the Commissioners Court of Harris County, Texas, sitting as the erning body of the Harris County Flood Control District, up~e motion of Commissioner ~~fv , seconded by Commissioner ~ ~ ( ) p l t , duly put and carried. IT IS ORDERED that County Judge Robert Eckels be, and he is hereby authorized to execute for and on behalf of the Harris County Flood Control District an Interlocal Agreement with the City of La Porte to provide interim improvements to Harris County Flood Control District Unit F101-00-00, for a maximum fee to be paid by the District of $2,000,000, said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein. 98ECOO4.WPD Presented to CommilsioMrs' CoI;n AU;: 111998 APPROVE Recorded VOI_Pag8_ ./ EXHIBIT A Fl01-00-00 WATERSHED ~ EXJSnNG CHANNEL(S)) 1ft PROPOSED RIGHT-OF-WAY ACQUISmON (II ~. .. ~ o .- -- -1...,__ " - -. L: / .. (1997) II .. .. .. .. ~~S .. v " - I - -. J E. BRINSON . A-5 ... J~ .1 . "l!j - ~ JI ., .... -- ~i JiiJi - .. --- -. - . -- Ii I I -=-E' - -.....1 -.. " .. I ...... -. I~I"~ v- t; - .-- Iii .. - -. .. ... .. .. -- -. - I:r":'" - -. .&.- ..... IF JP .. .. U; t Ii ~ Ji .. .. Ji Ji .. .. . ~ ~~ I. .~ t. I' .. - I Ji Ii Ii .... '; 1= 1,1 II "I II .. I ~ J:i, .. .. . - ~ It]: ~ .. . Ii .1. ..' .. I. Ii . .. '11" ....e ~ ~.~ ~_:n I ' .. . .:..... ":- - _. I . :V:':':i1:::~fl~;; :il::~~"'i:'" II ~ I I .. Ii .. .. .. I n .. ...,. .. ..... ~..."ilCi.., . .._'.:,. ... ... . J; .. I. .. .. ..- . ...~ . . ....a._ - -. .. .. &-, , It? \Il~; ...... .. .. ", I..~ .. Ji iii - .. ~.... .. .. . -: - CITJ. ~. ;~ ~- --..- I --' .oo ,I II I, _. I I I ~I ~... . - - -. .. -. I _. ~~ .. - .'r .. \;."iI:;1lt .. Ii :..L.:. -,- - Ii I, I ~. .. - . .. ;;:- Ji Ii .. t ,I: i Ji .. .oj .. ... "F ~ - -. ~ r: Ii .. II '" '-" . , '. ;.;; .., .'~ l" ....~~. l- .r: - "g ~ ...~ ~ e ~~ " .QUEST FOR CITY COUNCIL AGENIITEM Agenda Date Requested: 7/13/98 Requested By: Doug KneUppe~ Deparbnent: Planning .,..--_ Report Resolution X Ordinance Ordinance Exhibit "A" - Closing Exhibit Exhibit liB" - Letter from Blue Flash E'5press SUMMARY & RECOMMENDATION Exhibits: 1. 2. 3. The City of La Porte has been petitioned by Mr. Joseph Shunta to close, vacate, and abandon the West "0" Street Right-of-Way from South 1.6th Street to the east property line of the Blue Flash Express Tract, containing 35,520 square feet (see Exhibit "A"). The purpose of this request is to accommQdate the future development of a warehousing enterprise. The Planning and Public Works Departments have reviewed the request and determined the need for a 10' wide water line easement to facilitate an existing 8" water line located within the aforementioned right-of-way. Additionally, the City's franchised utility companies have reviewed the request and each has expressed no objection to the closing. The applicant has also entered into a private agreement with the owners of Blue Flash Express to relocate the existing secondary access to their tract, which will be eliminated by the aforementioned closing. In accordance with Ordinance No. 98-2225, City Staff has ordered an appraisal of the right-of-way in question. As a result, the fair market value of this property has been appraised at $1.05 per square foot. The applicant has subsequently made payment to the City of 75% of the appraised value (as per Ord. 98-2225) amounting to twenty seven thousand nine hundred seventy two dollars ($27,972). Recommendation Staff recommends closing, vacating, and abandoning the West .0" Street Right-ot-Way between South 16th Street and the east line of Blue Flash Express for future development' and retaining a 10' wide water line easement to facilitate an existing 8" water line as shown on Exhibit "A" attached hereto. Action Required by Council: Consider approval of an ordinance to close. vacate, and abandon the West .0" Street Right-of-Way retaining a 10' water line easement to facilitate the existing 8" water line in the right-ot-way. Availability of Funds: N/A General Fund Capitallmprovemetit Other WaterlWastewater General Revenue Sharing Account Number: Funds Available: YES NO ADDroved for City Council Aaenda G{~,.J ~ J"l.4~ ~\ \~qB Robert T. Herrera City Manager DATE e e ORDINANCE NO. 98- 22' 63 ~~r50~ ~ ~ l;:1''''''' 11 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE WEST "0" STREET RIGHT-OF-WAY, BETWEEN BLOCKS 1177 & 1178 AND BLOCKS 1201 & 1202, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owners of all of the property abutting the hereinafter described West "0" Street Right-of-Way between Blocks 1177 & 1178 and Blocks 1201 & 1202, Town of La Porte; to vacate, abandon, and permanently close that portion of the West "0" Street Right-of-Way between Blocks 1177 & 1178 and Blocks 1201 & 1202, Town of La Porte; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of West "0" Street Right-of-Way between Blocks 1177 & 1178 and Blocks 1201 & 1202, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described portion of West "0" Street Right-of-Way between Blocks 1177 & 1178 and Blocks 1201 & 1202, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of West "0" Street Right-of-Way between Blocks 1177 & 1178 and Blocks 1201 & 1202, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINEU BY THE CITY COUNCR. OF THE CITY OF LA PORTE: Semon 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.00 I, Texas Local Government Code, the hereinafter described portion of the West "0" Street Right-of-Way between Blocks 1177 & 1178 and Blocks 1201 & 1202, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: 98-2263 e CcQ)~y 2 That portion of the West "0" Street Right-of-Way between BI~ks 1177 & 1178 and Blocks 1201 & 1202, Town of La Porte, Barris County, Texas, and ~ontaining 35,520 square feet, retaining a 10 foot (10') wide water line easement centered on an existing 8" water line located within the West "0" Street Right-of-Way. Section 2. TIle City Council officially finds, detennines, 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 Law, 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 confinns such written notice and the contents and posting thereof. Section 3. TIus ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, THIS 13th DAY OF JULY 1998. CITY OF LA PORTE BY:~~"- , Norman L. Malon, yor A TIEST: I I I I I I I I I I I I I I I I I I I I I I I I I I I I I \ I I I I I :~ I ~ --lJ t{) \ I I 108 I 7B I I I I I I I I I 7A e 040-278-001-0025 4.5913 AC "'l', PROPOSED CLOSING (35,520 SQ. FT.) , 326.66 37A 041-003-000-0769 3.1495 AC I I I I I I , 10~ '0 :J Jy5 I- ~ <(00 j~ l- I (I) IJ1 .....,..... ...... C\J ;;:;: 0> ~ 71 I I I I I I I I I I I I I r >1J1 I': (j\ If) (\J If) r-- """ co .- 108p, ,.... u '-' C\J o M C\l '<i' ~ 11 ~~ A 296 1202 C 1 ::>'::Ii-' IJ1 I': """ CO .- .~c- ~~ ~" ~-y U 266 \.lEST N STREET ~////// 1178 B 296 1201 D (/) 00 If) I 1':> """ 00 .- <IJ > If) (\J ui ~ (j\00 .- I If) " (j\ (") " , IJ1 " (]'I If) (\J I- W W 0::: l- e/) N.T.S. I I- ...0 ....... I I- :J o e/) IJ1 00 (") l-g C) \.lEST P STREET ~ > ~ ch EXHIIBIT "A" ~ AC. 98-03 08/17/98 11:39 PAX 104 771 1834 S. BOURGBOIS raJ002l004 _.. e ~if\.~~ ~~uu I DldCc 4-"2'..'"1- C;)~ Cl9a1Laroa ADD.; OIJ SacRIaIJ , P.o. Bus illS La Foda, Toll "115'71-1115 llc: Sta:II& A~ ~~ (O~Ht'i~~r~lIIIIIIar AIIq(s)) \&k:~ ~, ~_~~ m6.eT ,.,. uJltI L'""......~ ~ P!e... 'S'b...-. ..~ Dcaro, s...,: nJs...,......,..~...(ApplIL..<.1tuae) T_ '~..rn.. _JlIaI -appUadaa wfIh dIt QIJ alLa PaD CD ~~.. -t'..., .......... aid c:Iasc ilia 8bave ~ dsbt(s}of'-war wiIbia", CiCJ on.. Pula r... dill O'fnIeI"aC(LqploDar:dpdm..afl'mpaay): . 1bIs Ia1I:rwill co~ 1111 wriIa ~ ID dI8 c:losiDI Ill... abaft daaIJed pIIbtic dsbl(s)-af-way by die CIo' otr..aPGal. lhcRb.1wm.,pCmIIIIl d&lm&1br.........qaim;t1hcc, otta Panemdllnlllr.- fa..... bold 1ann'-lIII CtyfiamllflJ ad&crdaims dlatlfBJ adsr:....... aLy Ia. ftGdIa& ~fur. 1111 cIosblS....1bovo desI:db.. pabIiI:~. Sbanly, ~~ 180~ South K Street LaPorte, 'R 77571 ~~~fCJOr. ....z.p0idlJ .......~ LO\Iisiana c...,ot -rast: sat:on ROuge PBrish ....~ .a-,........ _.....................-- L. P6 ~i~I~___._~._q..._.r . ) ..IN....... __ II . d1e1llnplllJ -..-...t ............ __..........".... _ ...... ,..,................. .....-.. --"'............._..~.....~~~ ~- l6oI8Iy~~N-. r_ . f.A IIIpindiIII n.. EXBlBrr "B" , I J - e - CITY OF LA PORTE - ~(Q)PY tm~~rI~t~I~tt~~~~tt~~~~t~~i~~~~~ti~i~i~~~~E~~~~~~~~i~~~~i~i~l~i~i~~~t~~i~~~~ftff~~~~~~~~tffIm~~~~~ I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~t~~m~~~~j~~~~~~~~t~~i~i~~i~~t~~~~~ji~~~~~~~~~~~~~~~~~~~~~~~~~t~~ii~~~~~i~~~~~ii~~~~~i~~i~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ July 8, 1998 TO: Mayor and City Council FROM: Robert T. Herrera, City Manager ~~ 1: \-t~ Civil Service Commission SUBJECT: The ordinance, which created the Civil Service Commission for the City of La Porte, requires the City Manager to appoint these positions with City Council's approval. I would like to reappoint Keith Trainer to the Civil Service Commission. He has served on this Commission since 1981 and has served as its Chairperson for many years. Mr. Trainer's personnel background with the corporation of Brown and Root has made his appointment Ii nice fit, and the time he has dedicated to this volunteer position speaks highly of his loyalty to the City in which he resides. RTH:cjb c Louis Rigby - e co~v .' -, I I :. ,. '-',"~ ,;". 't ORDINANCE NO. 98- 2264 AN ORDINANCE APPOINTING A MEMBER OF THE CIVIL SERVICE COMMISSION; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Seotion~. The City Council of the City of La Porte hereby ratifies and confirms the appointment by the City Manager, of Keith Trainer, as Chairperson of the Civil Service Commission of the City of La Porte, for a term expiring on May 30, 2001, or until his successor shall have been duly appointed and qualified. Section 2. If any section, sentence, phrase, clause ~r any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, 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. seotion 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section ... 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 Law, 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 e - (C(Q)':Q. f?J;'O.. y. .. , I... " OJ. ORDINANCB NO. 98- 2264 P1tGB 2 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 s. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of July, 1998. By: ATTEST: _4- (). .lJ..tfJJJt Ma tha A. Gillett City Secretary / vd:da/ Knox W. Askins City Attorney - - - - ORDINANCE NO. 98-2265 AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, CO ,. , COHHITTEES, O:r THE CITY OF LA PORTE; PROVIDING A SEVE ILl CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby makes the following appointments to the Fire Code Review Committee of the City of La Porte, for the term beginning on the effective date hereof, and expiring on May 30th of the year indicated, or until their successors shall have been duly appointed and qualified: District 4 Floyd Craft 2000 District 5 Karl Braucher 2000 At Large Bryan Moore 2000 Section 2. The City Council of the City of La Porte hereby appoints the following members to the City of La Porte Planning and Zoning Commission, for the term beginning on the effective date hereof, and expiring on May 30th of the year indicated, or until their successors shall have been duly appointed and qualified: District 4 Hal Lawler 2001 District 5 Dottie Kaminski 2001 Section 3. The City Council of the City of La Porte hereby appoints the following members to the La Porte Area Water Authority, for terms expiring on May 30th of the year indicated, or until their successors shall have been duly appointed and qualified: Position 4 Chester Pool 2000 Position 5 Jerry Bramlett 2000 Section 4. ~he City Council of the cl of La Porte hereby makes the following appointments to the Board of Adjustment, for terms expiring on May 30th of the year indicated, or until their successors shall have been duly appointed and qualified: Chairman and 0 Position 1 Sidney Grant 1999 . ._~ Position 2 Bob Capen 1999 ~ Position 3 Rod Rothermel 1999 ~ "0 position willie Walker 4 1999 ~ Position 5 Ruben Salinas 1999 Alternate 1 Open Alternate 2 Open section 5. The City Council of the City of La Porte hereby makes the following appointments to the Airport advisory Board for the City of La Porte Municipal Airport, for terms expiring on May 30th of the year indicated, or until their successors shall have been duly appointed and qualified: Deborah Rihn 2001 Position :L Position 2 position 3 Position 4 position 5 Advisory Member Advisory Member Nick Hooke 2001 Hector Villarreal 2000 Tucker Grant 2000 steve Gillett 2001 William Gray Representing the FAA Dan Myhaver Representing the airline or commuter airline industry SectioD 6. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Health Authority, for terms expiring on May 30th of the year indicated, or until their successors shall have been duly appointed and qualified: 2 Health Allt.ity P . J. Mock, Jr., M'. 2001 (Q ~ section 1. If any section, sentence, phrase, clause or any ~ part of any section, sentence, phrase, or clause, of this ordinance ~ shall, for any reasons, be held invalid, such invalidity shall not Alternate Abdul R. Moosa, M.D. 2001 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 8. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 9. 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 Law, 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 10. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of July, 1998. By: 22 3 . ATTEST: ~~rJ. J4.uiift. Martha . Gillett City Secretary 1 / AP~ z:J ~-w Kll'6'x W. Askins City Attorney e .. C~"' "@"Ol"'; ~.:D ~ ... ," ;1~. : . ~ . . ". ).. ,. t~ I - ~~..~~ ( - ~... ;\ ." , ~ ......~... -.,. fl ~""'-""""-' . . ~.~ ..- -; .:~.~ -:- -eo" -.~" - :~ ..~,. REOUEt FOR CITY COUNCTL AGENDA ra Agenda Date Requested: July 13. 1998 Requested By: S. Gillett ~p.rtmeuc Public Works XXX Report _ Resolution _ Ordinance Exhibits: Bid Tabulation Recommendation from Equipment Services SUMMARY & RECOMMENDATION Request For Proposal (RFP) # 0067 was received on February 9, 1998 for the replacement of the Fleet Management software for the Motor Pool System. Requests were s~nt to 23 vendors, with 4 returning proposals. This software is used for the management of fleet maintenance and motor pool replacement, and will also be used for fuel management when the Fleet Fueling Facility is completed. The existing software is eleven years old. The initial evaluation eliminated two vendors as incompatible with the City's existing system. City staff and the City's computer consultant investigated the two remaining vendors, Prototype and CCG Systems. Both systems were compatible with the current computer environment in the City, and received good recommendations from references. The CCG Systems program did not yet have a usable reporting module or vehicle replacement module, which is essential to the division's daily operations. The Prototype system meets all the needs of the division. The base cost of the Prototype system is $35,000.00. This includes the software license, training and implementation, as well as fuel system interface. Optional modules requested include Fleet Analyst Labor Capture, Fleet Analyst Replacement and Fleet Analyst Tire modules. The cost of the additional modules with training is $17,720, for a system cost of $52,720.00. Travel costs for setup and training is estimated at $2,500.00, for a total cost of $55,250.00. This replacement was included in :Fund 15 Computer Capital Projects, with a current balance of$165,698.07. Action Required by Council: Approve purchase of Computer-Based Equipment Management Infonnation System from Prototype in the amount of$55,250.00. Availability of Funds: General Fund Water/Wastewater X Capital Improvement_General Revenue Sharing Other Account Number: 015-9892-543.32-06 Funds Available: X YES NO Approved for City Council Ae:enda 6<~ ~. 11~l'lCh Robert T. Herrera Date City Manager e - CITY OF LA PORTE INTEROFFICE MEMORANDUM FEBRUARY 10, 1998 TO: STEVE GILLI;TT, PUBLIC WORKS DIRECTOR FROM: SUSAN KELLEY, PURCHASINGAGENT~Mt, SUBJECT: RFP #0067 - COMPUTER-BASED EQUIPMENT MANAGI;MENT INFORMATION SYSTEM Advertised, RFP #0067 - Computer-Based Equipment Management Information System were opened and read on February 9, 1998. Proposal requests were mailed to twenty- three (23) vendors with four (4) returning proposals. ' Copies of the proposals are attached for your review. '- Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Copies Bid Tabulation Bidder's List .' - FLEET SOFTWARE - RFP #0067 WORLD DESCRIPTION CCG SYSTEMS PROTOTYPE HTE INFORMATION SOFTWARE $ 11,000.00 $ 16,000.00 $ 32,500.00 $ 50,000.00 IMPLEMENTATION $ 5,000.00 $ 11,000.00 $ 3,250.00 $ 13,000.00 TRAINING $ 3,450.00 $ 8,000.00 $ 7,000.00 $ 23,000.0,0 FUEL INTERFACE $ 1,500.00 INCLUDED $ 6,050.00 $ 1,000.00 TOTAL $ 20,950.00 $ 35,000.00 $ 48,800.00 $ 87,000.00 OPTIONS REQUESTED: FLEET ANAL YST LABOR CAPTURE MODULE FLEETANAL YST REPLACMENT ANALYSIS MODULE FLEET ANALYST TIRE MODULE TRAINING FOR LABOR CAPTURE MODULE TRAINING FOR REPLACMENT MODULE TRAINING FOR TIRE MODULE TOTAL OPTIONS REQUESTED $ 5,000.00 $ 5,000.00 $ 4,000.00 $ 1,250.00 $ 1,250.00 $ 1,250.00 $ 17,750.00 TOTAL REQUESTED r $ 52,750.00 ~ - BIDDER1S LIST e COMPUTER-BASED EQUIPMENT MANAGEMENT INFORMATION SYSTEM RFP #0067 ARSENAULT ASSOCIATES 711 JACKSON ROAD ALCO, NEW JERSEY 08004 COMPCARE 3850 NORTH LONG BEACH BLVD LONG BEACH, CA 90807 EMS 200 EAST WOODLAWN ROAD CHARLOTTE NC 28217 CCG SYSTEMS INC 2200 COLONIAL AVE SUITE 23 NORFOLK VA 23517 COMPUTERIZED FLEET ANALySIS 1020 W FULLERTON AVE ADDISON ILL 60101 EXTRAFLEET 3037 DIXIE HIGHWAY SUITE 209 EDGEWOOD KY 41017 FLEET ASSISTANT 4527 NORTH CHANNEL AVE PORTLAND OR 97217 FLEETMAX CREIGHTON MANNING INC 500 KENWOOD AVE FLEET WISE 1010 EAST ADAM STREET JACKSONVILl.,E FL 32202 HTE 390 N ORANGE AVE, SUITE 2000 ORLANDO FL 32801..1693. GATEWAY SOFTWARE CORP PO BOX 367 FROM BERG MT 59029 INNOVATIVE COMPUTING CORP ONE GRAND PARK 777 NE GRAND BLVD SUITE 300 OKLAHOMA CITY OK 73118 LOGISTICS SYSTEMS ENGINEERING 1835 E FOREST DR ANNAPOLIS, MD 21401 NICHOLAS DATA SERVICES 2454 McMULLEN-BOOTH ROAD BLDG C CLEARWATER FL 33759 MCMS & GEMS 2001 998 OLD EAGLE SCHOOL RD SUITE 1215 WAYNE PA 19087 PM MINDER/ATKIN TECHNOLOGY 3401 SW FORTIETH PARKWAY GAINSVILLE FL 32608 PROTOTYPE 3550 ROUND BARN BLVD SUITE 302 SANTA ROSA CA 95403-0922 SELF CONTROL 2500 DEVON AVE ELD GROVE VILLAGE ILL 60007 RTA FLEET MAINTENANCE 20823 N 19TH AVE SUITE 4 PHOENIX AZ 85027 SQUARERIGGER CORP PO BOX 27 STANDARD CA 95373 TDS PO BOX 11215 ROCK HILL SC 29731 WORLD INFORMATION SYSTEMS 925 WEST MARKET STREET SUITE 200 GREENSBORO NC ~~7401-1814 e VMRS+- 54 W MAIN STREET MECHANICSBURG PA 17055 CHAMBER OF COMMERCE PO BOX 996 LA PORTE TX 77572-0996 BAYSHORE PUBLISH DATES: JANUARY 18,1998 JANUARY 25, 1998 e e CITY OF LA PORTE INTEROFFICE MEMORANDUM May 15, 1998 To: Louis Rigby, Director of Administrative Services From: Lee Allen, Equipment Services Superintendent Subject: Fleet Maintenance Software Larry Mabe, Mike Collins, and I have completed the review of the Faster and Prototype fleet maintenance software. Site visits were conducted in Waco on March 25th, the City of Galveston on April 2nd, DSI trucking in Deerpark on April 13th, an on site presentation at Public Works on April 28th, and an on site presentation at City Hall on May 15th. The Faster program is user friendly; windows formatted, and network compatible. The Faster users we talked to were very happy with their systems. The Faster support system response time as well as availability was highly touted. The downside of the Faster program is that it is not a true relational database. The system report module is not developed at this time. Generating,reports on our fleet is an integral part of our day to day operations. The design of the Faster system is not acceptable to our MIS manager. Equipment Services will defer to Mr. Mabe for a detailed description of his concerns on this matter. The Prototype system is a relational database operating system that is developed in a Windows environment. It is extremely user friendly and all component modules needed by Equipment Services are in operation. The relational design allows for unlimited report generating. These reports can be acces~ed out of the system or specifically designed by the end user. Equipment Servic:es is recommending the purchase of the Prototype Fleetanalyst program. Included in this purchase should be the base system, implementation assistance services, project management, and existing data import by Prototype. Options recommended include the labor capture module, replacement analysis module, tire module, and training for these systems. System cost and implementation is approximately $52,720.00. This does not include data conversion and travel expenses. Equipment Services would like to request that the MIS committee moves forward with the recommendation to purchase the Prototype software system. This system will more than meet our needs now and in the foreseeable future. It will interface with our automated fueling system to be installed at the new fleet fueling site this year. It is compatible to the network system currently used by the City of La Porte. If you require further information contact me at (281) 471-8903 Xc: bj/lm e e CITY OF LA PORTE mTEROFmCEMEMORANDUM February 18, 1998 To: Buddy Jacobs, Assistant Director of Public Works From: Lee Allen, Equipment Services Superintendent Subject: Software RFP recommendation CCG SYSTEMS: Meets all requirements set forth in RFP. File conversion of existing data is $2000.00 to $5000.00 per file. The total expense for file conversion is undetermined. PROTOTYPE: Meets all requirements set forth in RFP. No charge for existing data conversion. Additional cost for vehicle replacement and motor pool module. HTE: Does not meet specifications. I.e. Parts inventory management, warranty tracking, mechanics performance. Fuel system module is tied to one system only. Fuel system is not generic. WORLD INFORMATION: Does not meet specifications. System is not windows capable. Recommend CCO SYSTEMS. Cost will exceed budgeted amount. e e . CITY OF LA PORTE e 111111!~iliiiiiiliii:I:!!!lil!III:llilltll:I:I["(':1:!i!i.II:llli~illi:III:lrilll!!!!!illilli:!!il!1IIIIill////!/!!I/:IIII::!1 June 22, 1998 TO: FROM: Robert T. Herrera, City Manager ,., (l... L)GChUCk Engelken, Councilrnember SUBJECT: Traffic Humps Please place on the City Council agenda for July 13. 1998, a workshop item concerning the above subject. I have visited with two (2) other Councilmembers about this subject, and they support this request at this time. ~,V() e e' Date: -7 - t').... -? P Name: LD/J/J/ e m C!.JeA--/JOA.J Address: tCfO ~ IJA-nclrtdp_ City, Stat;, Zip: L 19-1/{)f7Y' / -r-f'. -n S-7,/ Subjecton which I wish to speak: 2r~ ti I ? --W~..flt-()I, TIU/Fpic. PtA. /YI11 5 , 'e e /\'O /' . 1 I I . l: - - i :)r q rla.ce tot" lOve .. . not vio\er.ce. CP/lesented in :u4pp/leClatlon o~ glgt\l~lcant CO/ltubutlO/l OJ1.d CDellotiO/l to -r E HONORABLE 'N\AYOg NORMA~ MALeNE ANl> l)\STINCOUISHf-b MEMBEes OF LA~I2TE ~'TY COONGIL - tJ~e CBlddge (0vell tJlloub~ed CWatellg, 9i\c. - '1-13-98 ClllSlS Cetltell ~Il CWometl DATE A United Way Agent}' .~~ e . r-i' ( CITY OF ~ PORTE 'PUBLIC WORKS DEPARTMENT Memo CITY M~ER IC I)/,/ 'p" . To: Robert T. Herrera, City Manager ~ From: Steve Gillett, Diredor of Public Works ." ~ CC: John Joems, Assistant City Manager Date: 06/24/98 Re: Prop~sed Traffic Hump Policy Attached is an executive summary and draft Traffic Hump Policy for consideration at the upcoming City Council retreat. The proposed Policy has been revised to indude comments from the January 27, 1997 workshop meeting. Please review and advise of any changes you think may be needed. ' . Page 1 I I " . - TRAFFIC HUMP POLICY In the early part of the 1990's, concern with speeding in residential neighborhoods became of greal concern with residents. This concern primarily centered in the western part of town, particularly on Myrtle Creek in the Creekmont Subdivision. Numerous traffic studies were performed in reaction to requests for stop signs and lower speed limits. Various alternative traffic control measures were tried, including striping, with mixed success. During this time, neighboring cities began experimenting with the use of traffic humps for speed and traffic volume control. A traffic hump is differentiated from a speed bump in size and geometry. Traffic humps normally have a maximum height of 3 to 4 inches with a travel length of 12 to 14 feet. Speed bumps, commonly used in parking lots, are from 3 to 6 inches in height with a length of 1 to 3 feet. (See attached diagram). In 1994, the Public Works Department began collecting information on traffic hump installations in the area, including the Cities of Houston and Bay town, as well as the City of Dallas. Using this information, as well as technical information available through professional associations and publications, the first draft of a Traffic Hump Policy was developed by September 1995. After circulation and comment by executive staff, progressive drafts were produced, with the first presentation to the City Council at the Council Retreat held August 6, 1996. Council made many comments and suggestions, and the Policy was revised, with the next presentation to Council at the workshop meeting held January 27, 1997 (copy of minutes attached). At that time, after comments and discussion, the City Manager requested direction from the council. A majority did not indicate an interest in bringing the policy back for further consideration. The current draft policy was revised based on comments received at the January workshop. Changes include reducing the maximum traffic volume from 8,000 to 3,000 and eliminating the minimum traffic volume of 500 (Section D.1.c.). Additionally, the initial written, request for traffic hump installation was changed to require at least three residents (Section E.1.). Finally, the requirement to perform speed and volume studies was moved to after the petition stage (Section E.5.). There are mixed reactions to traffic humps between residents, as well as cities. The Cities of Houston, Pasadena and Deer Park have current policies to install traffic humps. Deer Park indicates that streets with traffic humps cannot be cleaned with a street sweeper due to the low clearance of the equipment. The City of Missouri City no longer uses traffic humps, and the City of Bay town placed a moratorium on new installations on January 1, 1997 which is still in effect. They are currently evaluating alternative traffic calming methods. :j e . .. In summary, the proposed Traffic Hump Policy outlines the steps necessary to consider, approve and install traffic humps on residential streets. It allows for maximum citizen input, pro and con. prevel'1ts the installation of unneeded traffic humps, and provides for alternative financing for their installation. If approved, the Policy provides for orderly installation of traffic humps utilizing good traffic engineering principles. It is important to note that not every request will meet the criteria. Even with an approved policy, traffic humps must be used as a final resort after all other traffic calming methods have been eliminated. .. ;.:!~.~\~..r:.. ","t- .............i... ....,.~,~. :,.:. 1 ",'t . & ..... -~...:~.I.:..:..).-,::~.\............:~....I!..... .... "'.~~' :' .lII.~~J,..\4~~"1':";.W.lt .':1.,., ",:.l{' . , 1';. I...l....~........ .~h~~.~tr,:h~~i..lt../II::..".:t\:::......,,;I..f..\...:-_.~.:"r;:';,\.::i..'~'.' . . ..... b.... ,....... I".' re - - - - - - - - /T-- ~ f1' ~ - - ~ - .. --- .. 1e. ~ ~ ~ jl - ~ - .. - .. - ~ .. - II 1- - - I SPEED SPEED HUMP BUMP - - - - Figure 1. The difference between a speed bUlJlp and a speed IIOIO(). . ..' .~ e e ~ ., Minutes Regular Meeting I..:1 Paroe City Council ]3nWU"'j 27, 1997, P:J.,ge 5 D. CONSIDER AWARDING A BID FOR POUCE ti1'~~"IFOR."IS A.~jl) ACCESSORIES TO GOLDEN EAGLE L~"IFOR.'rIS - B_ Powe!l nre:se:lted Ayes: Counc:Ipersons Suthe:::md, Ccope:, M~gh.lin, Por-..er, Gay, ~W'ell, aark~ and ~fayor Malone Nays: None 9. WORKSHOP - A: DISCUSS USE OF TR.-\.FFIc HeMPS Df RESID~TIAL NEIGHBORHOODS OPE..'i WORKSHOP Mayor Malone opened Workshop A at 6:45 P.~!. REv"IEW BY STAFF Cir-j M:m.ager Raben T. Herrer:J. reponed S-..:L.-=f had visited with Cauncll at a past retre.:!.t abeut this PWe'.1lar subject. He indiQted there have been seme medinQtions and Direc-.or or P.Jolic Works Steve Gillett will cover those with Counc:1. ~fr. Herrer:J. refe."Ted to a me:nor-...ndum before Councll regarding te!ephone conversations oerNeen himself and City M:m.agers from Deer P:lI'k and the City of Baymwn regarding t:r:lffic humps. Mr. Herrer:J. reponed on those views regarding tr:1ffic hump~ in their cities. City ~I:mager of Deer P:lI'k Ron Cr:1btree said their city has h:u:i them for one year, and they are working well. Toey have l:lad ver-! few complaints and plan to Set aside money in future budgets to continue to address traffic humps. City Manager of Bavrown Bobbv Roundtree said Bavtown h:LS had traffic humus almest three Ve:lI'S. Toe first vear and one ha1fth~ humps were recei~ed well. Now, Mr. Ro~dtree has recei~ed complaints frpm developers and realtors saying it takes away the value of the homes. and bas made it mare diifiC'.1Jt to sell homes on the streets where traffic humps e;dst. They feel these traffic humps indic:lre a problem with speeding, therefore, the City of Bayrown has placed a 90 day mOr:ttOrium on cr-.unc bumps st:1rting Janu3.rJ 1, 199i. Direc:or of Public Wor!(S Steve Gillett reviewed with Council the dr-oUt Tr:u.::ic Hun:p Polic? Council disc-.:ssed in Ieng".h the pro :md cons of the pciicy as prese::ted. e e Minures Regular Meeting u Porte CirJ Council I3Ill13I'Y 27, 1997, P3ge 6 sr_-\FF RECO:'rBIE.'l"DATION S t3if is asking fer direc:icn from Council reg"'..nili1g :uio~ting a written polic-J that gives st:1ff an outline for the man3.:,aemem :me! ope::mcn of o:-o&ffic humps in the Cit"J of La Por-.e. Cir'J Manager Robert T. Herren ~ .From staif"s poim: oiview ,we have rese:lI'Qed the information ami have presemed a recommendation that says tr:tffic humps c:m be engi.n=red and designed in sucit a f:1shion to work in l..1 Pone. The final question th:tt st:1:ff has for Counca is this something Counc:I desires? If so, staff needs direction and with that direction we c:m go forward.. Councilpe:son Cooper asked Mayor M:1lone if he would ask if there is anyone in the audience who would like to speak: regarding this subje=.. Mayor Malone asked if there are any citizens wishing to spe3k at this time. Ms. MoniC:L Smith, 5202 P3I'k Crest, La Pone, lives in Distric: I, spoke asking Cound! to reduce the speed limit on her street to 20 miles per hour. Mr. RiChard Roge...~, 709 MyrJe Creek, La Pone, spoke suting he sees nothing wrong with putting in tr3ffic: humps to slow trmic to 20 miles an hour. Mr. Rogers indiC3Ied he had been told he would not be able to speak tonight, therefore, he did not have a prepared 5pee--...b. with him. He indiC3Ied he will remr.:1 to speak to Cound! at the next reg'JI3I'ly soeduled meeting reg:ttding this subjec::. Mr. Spero Pomonis, 218 Bay Colony, spoke to Cound! suting that apparently the problem is with speeders. He suggested the Police Department should have someone watch these are:lS to see who is speeding and put a stop to it. City Manager Robert T. Herre.-ra once again asked for direc:ion to bring this policy back with proposed enhancements that were he:l1"d tOnight or not to bring it back. He said. "If Council does not want a policy brought back, ten us that.. It sounds like the Council probably needs a little more quality time to review the policy presented tonight. I will make myself or Me. Gillett available to yon over the ne:tt couple of weeks if you would like to visit with us, and if you so desire, then we wiil come bade with a policy. .. Mayor Malone asked Cound for a show of h:mds to see who would like to have the poiic: brought back for a vote. Since the:-e was only a show of three hands Mayor Malone suggested that members of Council interested in seeing :l revised policy brought back should perhaps visit with both City ~{anager Robert T. Herre::l and Direc:or or P...lblic Wor!cs'Sceve Gillett. CLOSE 'WORKSHOP ~l..t!,J:;lL'lG ~layor Malone closed Workshop A at i:55 P.M. . e lID 00 & ~ 1(, _ At.. .J CITY OF LA PORTE TRAFFIC HUMP POLICY - --.- - e e TRAF'FIC HUMP INSTALLATION POLICY AND GUIDELINES A. FINDING OF PURPOSE Residential neighborhoods are adversely impacted by prevalent occurrences of excessive speed. Traffic humps can be an effective and appropriate device for safely reducing vehicle speeds on certain types of streets when installed in accordance with the provisions of this pol~cy. B. GENERAL In order for traffic hump installations to be effective, they should be located selectively in accordance with defined traffic emgineering criteria for the purpose of alleviating documented speeding problems. Proper installation will also minimize driver frustration and encourage safe driving practices. This policy promotes reasonable opportunities for residents and property owners most affected by a proposed traffic hump to participate in the process that leads to its installation. It also provides for a sharing of the traffic hump installation cost between the City and neighborhood under certain conditions. C. DEFINITIONS AND RULES OF INTERPRETATION "APPLICANT" refers to the designated representative for the residents petitioni~g for installation of the traffic hump. "APPLICATION" for traffic humps includes the petition. "DIRECTOR'" refers to the Director of Planning or other such persons authorized by the Director to act in the same capacity for the purposes of this policy. "INITIAL DEMONSTRATION PROJECT" is the proj ect specifically approved by the City Council for the purposes of testing the effectiveness of traffic humps as a deterrent to speeding. "LOW DENSITY RESIDENTIAL DWELLINGS" include single-family houses, townhomes, duplexes, fourplex structures. dwellings triplexes in and "NEIGHBORHOOD" is that area adjoining the street which either fronts on the street or adjoins the street, with or without direct driveway access. "PRIMARY ROUTE FOR EMERGENCY VEHICLES" refers to a route that is heavily used by police, fire, emergency services and other emergency response vehicles due to the proximity of the emergency vehicle facility. e e .' "SPEEDS" are 85th percentile speeds as determined by a City- conducted or supervised traffic engineering study according to accepted traffic engineering practices. "STREET" refers to the street length that must be petitioned. It is a 400-foot segment generally centered on the proposed location of the hump(s), or the length of the block, whichever is greater. If the 400-foot segment extends into any part of an adjacent block, it includes the entire length of the adjacent block, unless separated by an intervening thoroughfare, traffic signal, stop sign or offset intersection. "TRAFFIC HUMP" is a geometric design feature of a roadway, consisting of a raised area in the roadway pavement surface extending transversely across the pavement, the primary purpose of which is to reduce the speed of vehicles travelling along that roadway. All other terms are as defined in the City Code of Ordinances. D. ELIGIBILITY REQUIREMENTS All of the following criteria must be satisfied for a street to be considered eligible for traffic hump installation: 1. Property Usage: The properties located within the neighborhood where the traffic hump is proposed must be primarily developed for, and used as, low-density residential dwellings. 2. Operational Characteristics of the Street: a. The street must be used to provide access to abutting low-density residential properties (local residential street) and/or to collect traffic for such streets (residential collector). b. There must be no more than one moving lane of traffic in each direction. c. Traffic volumes must be less than 3,000 vehicles per day. d. The street must have a posted or prima facie speed limit of 30 miles per hour or less, as determined in accordance with State law. e. The 85th percentile vehicle speeds must equal or exceed the speed criteria of 35 miles per hour. e e f. The street must not be an identified primary route for emergency vehicles. These routes are subj ect to change. 3. Geometric Characteristics of the Street: a. The street must have adequate sight distances to safely accommodate the traffic hump as determined by the Director. i. All traffic humps are to be marked as provided for in the Texas manual on Uniform Traffic Control Devices supplemented with signage and markings as the Police Chief and the Director of ,Public Works deems necessary and appropriate. b. The street must not have curves or grades that prevent safe placement of the hump(s). Humps may be located on streets that contain curves and/or grades, but the hump itself must not be located within a horizontal curve, or on a vertical grade greater than 8% or on their immediate approaches. c. The street must be paved. If no curbs are in place, a specific design must be used to prevent vehicle run-arounds. E. GENERAL PROCEDURES The following procedures are to be followed in determining the eligibility of a traffic hump installation and having the installation approved or denied. 1. A written request for the installation must be submitted by at least three (3) residents (Applicant) to the Direc:tor. 2. Upon receipt of the request, the Director will make a preliminary determination as to whether the street is eligible 'for consideration under established eligibility requirements, using available transportation data. Traffic counts and speed studies will not be performed at this time. a. If the street is determined not to be eligible, the Applicant will be notified in writing by the Director. i. The Applicant may request a denial to the City Manager by requesting review within notification of the denial. review of the filing a letter 30 days of e e ii. If the City Manager determines the requested street is eligible, the process will resume with step E.2.b. b. If the street is determined to be eligible for consideration, the Director will arrange a meeting with the Applicant and affected residents to define the petition area and the approximate traffic hump(s) location(s). At this meeting, the Director and the Applicant will review the petition and cost sharing requirements. The Director will also provide at least one copy of the petition form, which must be used. 3. The petition must document that a minimum ot two-thirds of the households in low-density residential dwellings in the neighborhood support its installation. a. The signature of only one adult member of each household will be counted on the petition. b. The petition must include the address of each person signing the petition. 4. The Applicant must submit a petition on forms provided by the Director. a. Upon receipt of the peti tion, the Director will verify that the petition is adequate. 1. If the Director determines that the petition is not adequate, a written notification of that determination will be provided to the applicant. 5. After verification of the petition, the Director wili conduct the necessary traffic engineering studies to determine the traffic volumes and 85th percentile speed, and solicit comments and recommendations of other agencies, which may be impacted by the proposed traffic hump installation. a. Such agencies may include, but are not limited to, La ,Porte lSD, La Porte Police and Fire Departments, La Porte EMS, and La Porte Public Works Department. 6. The Director will consider the comments, recommendations and results of all studies for determination as to whether the street is eligible for traffic hump installation. a. If the street is determined not to be eligible, the Applicant will be notified in writing of the decision. :,!I' e e ; i. The Applicant may request a review of the denial to the City Manager by filing a letter requesting review within 30 days of notification of the denial. ii. If the City Manager determines the requested street is eligible, the process will resume with step E.6.b. b. If the street is determined to be eligible, the street will be placed on a list of streets eligible for traffic hump installation. The City Engineer will prepare estimate. This estimate will Appli.cant. 8. After the proposed traffic hump has been determined to be eligible, but prior to installation of the traffic hump, the Director shall undertake the following: 7. an installation cost be provided to the a. Send to each registered property owner residing within the neighborhood: i. A notice of the proposed installation including a map depicting the proposed traffic humps and associated signage and markings. ii. A prepaid return postcard requesting the owner's approval/disapproval of the proposed installation. This postcard must be returned with the owner's signature to be considered valid. b. If 20% or more of the property owners respond with a disapproval noted, the proposed installation will be submitted to the City Council for a public hearing and reconsideration. i. If the Council determines, based upon comments and evidence submitted at the public hearing, that the proposed installation should proceed based upon need, error in the responses, or other such factors as the Council determines to be appropriate, the Director shall authorize installation of the traffic hump. c. If more than 80% of the property owners respond with approval noted, the proposed installation shall be included in the city's list of eligible traffic, hump installations, with funding dependent on cost responsibility as outlined in Section F. ,. . e ..r F. COST RESPONSIBILITY It is intended that installation of traffic humps should be a shared responsibility. The cost for traffic hump installation (including signs, pavement markings and, if necessary, special design features such as curbing or guard rails) may be shared between the City and residents according to the following criteria: If the 85th percentile speed exceeds 35 MPH, the City will assume full responsibility for the installation costs subject to the availability of budgeted funds. 2. If the 85th percentile speed does not exceed 35 MPH, the City will not assume any financial responsibility for installation costs. Residents of the area may provide the financial resources and the City may install the traffic hump. The term "residents" or "resident", when used in this context, does not necessarily refer to the petitioners or affected property owners. It is used to define the share of the cost that is not the responsibility of the City and could be paid by one or more of the residents or other private sources. 1. \ I/' 3. For the initial demonstration project(s), the City will assume full responsibility for the installation costs subject to the availability of budgeted funds. 4. Costs associated with the studies and maintenance of responsibility of the City. transportation engineering traffic humps are the Notwithstanding the provisions of the foregoing cost sharing criteria, residents of a neighborhood may be able to expedite traffic hump installation by voluntarily paying the full installation cost. G. TRAFFIC HUMP REMOVAL AND ALTERAT ION The City Council may authorize removal or alteration of traffic humps. With the exceptions stated herein, the process for traffic hump removal or alteration by residents is the same process for installation. 1. There is no City participation in cost sharing for the removal or alteration when in response to a petition from neighborhood residents. 2. The City of La Porte may initiate removal or alteration of traffic humps. Where the City initiates removal or alteration, the City Council may authorize such removal or alteration and the City will assume all financial responsibility for the removal or alteration. .e e , H. TRAFFIC HUMP LOCATION 1. A traffic hump must not be located in front of property where any of the following conditions exist: a. The occupant of the property, at the time the traffic hump is installed, objects. i. Objection by future occupants of the property will not automatically be grounds for removal of the traffic hump. b. In the' case of a property containing low density multiple dwellings, a majority of the households residing in dwelling units on the property obj ect to such placement. 2. To preclude visual obstruction of the traffic hump and its associated markings, a traffic hump should not be located where dense and relatively tall vegetation and other structures are reasonably anticipated to cast shadows over the traffic hump and surrounding pavement areas. 3. Traffic humps should not be placed less than 100 feet from any intersecting roadway. 1. DESIGN STANDARDS AND PROCEDURES The Director shall prepare and maintain current design standards and installation procedures for traffic humps in accordance with this policy. . J. REASSESSMENT The City staff will reassess this Policy on an annual basis for three years from the effective date of adoption of this policy. The first reassessment is due one year after the installation of the first traffic hump under the provisions of this policy. .", e . ;; PETITION FOR INSTALLATION OF TRAFFIC HUMPS We, the undersigned, do hereby petition the City of La Porte to install traffic humps along the section (s) of street specified herein. By signing this petition, I certify that I am authorized to sign the petition on behalf of my household and agree to and understand the provisions of the Traffic Hump Policy. Street: From: To: Signature Name (print) & Phone Number Address OK to install in front of my house Who is the contact person for this request? Name: Address: Telephone: Please record all unoccupied (vacant) dwellings in area. Also, note if there are any schools, parks, other institutions on the street. Thank you. the petition churches or Return the completed petition to Director of Planning, P.O. Box 1115, La Porte, Texas' 77572-1115.