HomeMy WebLinkAbout1998-07-13 Regular Meeting, Public Hearing and Workshop Meeting of City Council
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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Respectfully submitted,
0Yl f1AlJ/l~ a. tJ,1JJJ;tL
Martha A. Gillett
City Secretary
Passed and approved on this 27th day of July, 1998.
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July 8, 1998
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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)
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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.
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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_
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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
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Ord. 98-2260
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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.
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"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
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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.
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"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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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Knox w. Askins
City Attorney
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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
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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.
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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
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~@~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
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(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.
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(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
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(
.~ 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)~
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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
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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
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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
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Ordinance No. 1000-1-C
Page 2
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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
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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
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Ordinance No. 1000-1-C
Page 4
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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
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I't! BIIYSHIJRE
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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
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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.
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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
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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
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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....:
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EXHmIT "A"
Ordinance No. 98-2257
Tract 2
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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
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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.
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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.
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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
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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
.
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~~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
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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
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':' .' .\. .' 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.
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ORDINANCE NO. 98-2259
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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
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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
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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.
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I .. orPwr.., \-4,.';
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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
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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.
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II.
Company agrees to render to City and pay full city ad valorem
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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
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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
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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
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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
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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,
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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
/'
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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
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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
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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.
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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.
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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! I,,"nll
thu SlIuth"Ullt COl'nUL' 1Ir. I:hut curtwlll III. '.5 IIcr,1 tnlct of 1.111111 funllurl y (,I/IIull
hy c. I,'. l'h:Cuhe.
'I'hullcu. II 011. 23' 39" !~.i coJllclLlullt ,,:lth thu liuuth buulul"..y 1Jllu of tho
'"
nfuI-eilllld 1',.ItS Ilcrp tr801="0;:'::I""11\ " dlstllllcu lIf SI1.Ull fuet to II 1/2 tnch !L'01l
I'u.1 11111: fur thu lIurthllllUI: CII\:'lIu'r 'of thu hUL"ullI ""dcr!h.,,1 I:r"ct uf 1111"\.
'l'hullcu. :; !I' 101 21\" III II .II..I:",ICII of 21111.1111 fuul: I:U II 1/2 Jill:" 11"011 rod
1I11t fllr tltll lioll 1:111111 II t r:urnor lIf - thlu (). \JUII IICI'U t \'IIC t of J 111111 .
'l'hIlIlCII. II 7" n,l 20" III colllcJ.lullt \11th thl! 1~lIl1tUrly I' J.UIIl:-ot-\lIIY lJllo
. hllllllclllry Une of thu IIfOCUdllhl
lit' the: II furull/II II 0.11. " 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
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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.
EhH''''~)o', (-".Iii I;..ael; "'.:;.. 31111 1'1111'1' 1 u [:.:.ur,1; y, TIi!II illl , elr.d ha I r'll hl.:1l'1!I
pcll'l; I \:'..1\ a,' I y c1WUCI' I hl!td hy I"lill; I"'" &\1'111 b,,:".II',dli ..II I'.~.I I.:.wu ,
i)
1;'EC3INI-III-In al; a 'I 1".~11 !Iv I, Inch c.:.r,..:,'ul:11 ,'IUhl;-.:.,-..,lIY hlm'I.,,,,'
1":".11'.11 1":'1' !;III! '''.::0,'1;1,'1&1151: C':'I'''(:'' .:.1' thu hlltl'u II'. t'111\\cl'lhllll tl'.ICI; .I'f,rl
I;hu n.:,ul;haast (:,:.,'r."II. .:01' a 1',,/.5 ll.::,',l I:,'ar.l:, I" I:III;! HBst.ll1"ly
,'lnhl;-,,:,'-wilY 1II'If.I 01' tll:.,IIa't 1I111111UIY n.::., l'lf., h.,li"1I 1.;.cal:"f11 fl';"II:I'
23I1!l1I/,'III1!!, 3f. 1I"y,ul:au, 1[1'1 lIul~,:.n,hi 1.lcds!;, II ,llllt/H',.:.. .:" '~~1I7.51.~
I'l!e\; "":"" a " Ir,ch hy " Ir..':1"I e':'I"I:I'nl:l:I l'iUIII;'..:oI'-,..ay "!iIl'IUII' l'oj......,'1
ill: I; lie. I r,l: Po,'SllIe I; J .:,r. .:., 1;1 HI H'lIi I:.'u'\ y l'lnll I: -c. f -IHI). 1 I nll .:01' 5t 1\ t u
IIIOh...ay"":O. !'IC ,.,ll;h tllll U':".Itlllwly 1'lnht-'o:."..,."ilY 111'1(1 ,:of l'II:CL,h'!
Ik,.'lIl' .
TIIEHCI:' fi.:.~,tll ;::3 IJI;!1I"f4I!Co, ;::.;\ ..,Ir,,";uli, 55 Bill:':""":! I.hliit (1::.,,11111:1
1'/,:.,'1:11 ;::i~ II III 11 ,'l:tElS, :55 ...1 r',',1 I: IliE. , ,15 1i1l(:,:'I",da E.;l\i\; I ,/.1':""1\ ",',11 '1ll:h tlllJ
"II:!it..wly 1'lnl,t-.:.f-ttllY 'h,C! .:01' (j1;~il:1I Ililll".."Y ',I.:.. I",I~, .. 1/llil;o!lI"I~U
(;d' 1:~t:,F...':JlI reo!lt 1;.:. oil 'I Ir,,~h hv 'I II',f:1'I ,:,:'r'I::"I~l;e ,'inhl:-.:d'_".t!,y
hl.:.rll.lhlltr": 1'':'1' (:.:.,'1'.",.. II'" n "I:,r,,':r'J 1II',IlI, lll!ll r'lI i... 1:11111 1:'';111 I: UI.I V II f,iI
.::.,' .!I 11.0F..':J ill:"'" I;I'l'L~'; .:01' 1':'1'11'11
'1111:101[;1:: H.:.,'I:II 1:3 1I1!.....\!I'Uri, 31 ..dr,I.ILI.Il!, 3~1 11 U1: C:'I' ,... 0 E.IIS" (c." Iii"
l'k",",:1I 10 "I", 1I,'ellls, ;::'iJ ""1'1,.,1:",1:1, til:S 111..:.::0......13 "~H..;I 'I ,'llil;lH..:U ,.:.1',
15'/,.1lt/1 I'uel; 1;.:. ';1 ",'~"f.1: 1'.:.,. C:':'I',.,~I" I,', 1:'.:.1',1:,,',11:1) lll; .11 /'ar',':'" c.:.,'('III"
'(IlENe.:: 8':".11;1'1 f)'a r11lf1l,'milR, i~" .." ,",,,1;1,111, I,":J !LIH:'~""'"'' '-h;IIII; ., III ul:.arlCI!I
.:.1' 3~1\lJ. "1/, 'eut 1:.:. '" ....~.. 1'.1; ,'.:.,. C:.:Or'",iii I' i ,', c',:.,'II:I'I.)I;.1I .hI; JI 1"11"1':'"
c'::'r"'"'I"., II'" I;hu l::iHI"I~I'ly \If,a ,:01' I;h~. 13. H. /l U. H. 11. 11. t:.:..
"'lull I; -'.:d-...o:'IY I
'rIIEI-ICr: 1-":'1'1;11 1lI1 rhll/lI,,":JU, 3:i ..,lr'",t,ul, i::llll:HII:,~.,',lIt1 I.hllil: al.:.(,n llr,d
....i UI I;he EIlUI;U1'ly Ilr,,,, (:of ISl.... U. II. & B, 1\. 11. 11_ I:':'.
,'llIhl;-.,:.r-Way, a ...lsI;Llf,C:1l .;d' n~J1.'lfI l'a~ll: 1;.:. Il II.?. If,ch I ,'oj(1 fllpe
Iinl I'.:." C':'I'I',el', bl:! 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
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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.
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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.
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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
-
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Approved for City Council Ae:enda
1/col'\fb
CX~ T.
Robert T. Herrera
City Manager
~
Date
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ORDINANCE NO. 98- 2'261
C~: "', 0,-- : ~-;~-c>'~' ,
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"... . . .
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
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PASSED AND APPROVED, this 13th day of July, 1998.
ATTEST:
~AJJ. .;{)}Jd(
a tha A.Gillett
City Secretary
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By:
CITY OF LA PORTE
~~.4~~
N man L. Ma on
Mayor
PAGE 2
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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
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City of La Porte
Established 1892
00 ~ III ~ 0 W ~ mi
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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
.
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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)
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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.
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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.
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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:
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(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.
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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.
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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
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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
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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 :. .' .
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". .~:. .
. ...
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-
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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
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.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
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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:
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040-278-001-0025
4.5913 AC
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PROPOSED CLOSING
(35,520 SQ. FT.)
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37A
041-003-000-0769
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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
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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
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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
/
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Knox W. Askins
City Attorney
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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
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Kll'6'x W. Askins
City Attorney
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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
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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
.'
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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 ~
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BIDDER1S LIST
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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
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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
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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
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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.
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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
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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}'
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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
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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.
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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.
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SPEED SPEED HUMP
BUMP
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Figure 1. The difference between a speed bUlJlp and a speed IIOIO(). .
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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.
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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.
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CITY OF LA PORTE
TRAFFIC HUMP POLICY
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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.
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"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.
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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
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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.
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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.
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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.
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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.
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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.
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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.