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HomeMy WebLinkAbout1999-08-24 Regular Meeting of City Council e . e . MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL AUGUST 24, 1998 1. CALL TO ORDER The meeting was called to order by Mayor Norman L. Malone at 6:00 p.m. Members of City Council Present: Mayor Norman L. Malone, Councilpersons Guy Sutherland, Chuck Engelken, Howard Ebow, Peter Griffiths, Alton 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, Public Works Director Steve Gillett, Planning Director Doug Kneupper, Fire Chief Joe Sease, City Manager's Secretary Carol Buttler, Director of Administrative Services Louis Rigby, Chief of Police Bobby Powell, Director of Parks and Recreation Steve Barr, Secretary II Dana Ybarra, EMS Chief Chris Osten and Assistant Finance Director Cynthia Alexander ~ Others Present: Spero Pomonis, Colleen Hicks, Neal Welch, Fred Thompson, Reverend Thompson and a number of La Porte Citizens. 2. The Invocation was delivered by Reverend Thompson of First Baptist Lomax Church. 3. Council considered approving the minutes of the Regular Meeting and Workshop meeting on August 10, 1998. Motion was made by Councilperson Clarke to approve the minutes of August 10. 1998 meeting as presented. Second by Councilperson Engelken. The motion carried unanimously. Ayes: Sutherland, Engelken, Griffiths, Gay, Ebow, Porter, Young, Clarke and Mayor Malone. Nays:. None 4. PROCLAMATION: Mayor Malone and City Council presented the 10 Under Texas Storm Day Proclamation to the girls softball team and coaches. s. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISlUNG TO ADDRESS COUNCIL e e City Council Minutes - August 24, 1998 Page 2 Spero Pomonis, 218 Bay Colony Dr., La Porte, Texas addressed Council regarding the Seabreeze Park. Mr. Pomonis advised Council he is not pleased with the progress from recommendations made by a committee he served on three years ago. In addition, he noted he was not pleased that the City is hiring Williams Construction Company. 6 & 7. Council considered agenda items 6 and 7 together. Council considered approval of agenda item number 6 regarding an Ordinance renewing the grant of a non-exclusive franchise to Tele- Vue Systems, Inc., its successors and assigns, to continue operation of the right, privilege, and franchise to erect, maintain and operate a cable television system in La Porte, Texas. Council considered approval of agenda item number 7 regarding the transfer of the Cable Television Franchise from Tele-Vue Systems, Inc. to Texas Cable Partners, LP.; approving change and actual working control and the TCI change of control. City Attorney Knox Askins presented summary and recommendation. 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 THE 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. City Attorney read: ORDINANCE 98-2272 - AN ORDINANCE APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM TELE-VUE SYSTEMS, INC. TO TEXAS CABLE PARTNERS, L.P.; APPROVING CHANGE AND ACTUAL WORKING CONTROL AND THE TCI CHANGE OF CONTROL; CONTAINING FINDINGS AND OTHER PROVISIONS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Mr. Askins addressed Council's questions. Motion was made by Councilperson Clarke to approve the Ordinances as read by the City Attorney. Second by Council person Engelken. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None 8. & 9, Council considered agenda items 8 and 9 together. Council considered approval of agenda item 8 regarding a Resolution requesting legislative action preserving local government authority to save taxpayer dollars through cooperative purchasing programs. e e City Council Minutes ~ August 24, 1998 Page 3 Council considered approval of agenda item 9 regarding a Resolution supporting action preserving local government authority to save taxpayer dollars through cooperative purchasing programs. City Manager Robert T. Herrera presented summary and recommendation to City Council and addressed questions. City Attorney read: RESOLUTION 98-08 - A RESOLUTION REQUESTING LEGISLATIVE ACTION PRESERVING LOCAL GOVERNMENT AUTHORITY TO SA VB T AXPA YER DOLLARS THROUGH COOPERATIVE PURCHASING PROGRAMS. City Attorney read: RESOLUTION 98-09 - A RESOLUTION SUPPORTING ACTION PRESERVING LOCAL GOVERNMENT AUTHORITY TO SAVE TAXPAYER DOLLARS THROUGH COOPERATIVE PURCHASING PROGRAMS. Motion was made by Councilperson Clarke to approve Resolutions as read by the City Attorney. Second by Councilperson Sutherland. The motion carried unanimously. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None 10. Council considered an Ordinance establishing a rate structure for the City of La Porte Emergency Medical Service. Joe Sease presented summary and recommendation and addressed Council questions. City Attorney read: ORDINANCE 98-2273 - AN ORDINANCE ESTABLISHING A RATE STRUCTURE FOR THE CITY OF LA PORTE EMERGENCY MEDICAL SERVICE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council person Engelken to approve the Ordinance as read by the City Attorney. Second by Councilperson Sutherland. The motion carried. Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None 11. Council considered adopting a Traffic Hump Policy. Steve Gillett presented summary and recommendation and answered Council questions. e e City Council Minutes - August 24, 1998 Page 4 City Attorney Read: ORDINANCE 98-2274 - AN ORDINANCE ADOPTING A TRAFFIC HUMP POLICY FOR THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Engelken to a,p,prove the Ordinance as presented by the City Attorney. Seconded by Councilperson Ebow. The motion carried unanimously. Ayes: Councilpersons Sutherland, Engelken, Ebow, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None Abstain: Councilperson Griffiths. 12. Council considered approving an Ordinance vacating, abandoning and closing a portion of the north Sib street right-of-way and remnants of the alleys in blocks 7A and 7D, Nebraska Syndicate. Planning Director Doug Kneupper presented summary and recommendation and answered City Council questions. City Attorney Read: ORDINANCE 98-2275 - AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE NORTH 5TH STREET RIGHT-OF-WAY AND REMNANTS OF THE ALLEYS IN BLOCKS 7A AND 7D, NEBRASKA SYNDICATE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Gay to approve the Ordinance as presented by City Attorney. Seconded by Councilperson Clarke. The motion carried unanimously. Ayes: Councilpersons Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None 13. Council considered naming a Steering Committee to work with the City's Comprehensive Plan Consultant. City Manager Robert T. Herrera presented summary and recommendation. Council agreed to take this item to Executive Session for discussion. 14. Council considered approving the proposed Amendment to the Lease Agreement between the City of La Porte and Harris County Texas regarding Sylvan Beach Fishing Pier e e City Council Minutes - August 24, 1998 Page 5 Director of Parks and Recreation Stephen Barr presented summary and recommendation and answered City Council questions. Motion was made by Councilperson Gay to approve the Ordinance as presented by City Attorney. Seconded by Councilperson Engelken. The motion carried unanimously. Ayes: Councilpersons Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None 15. Council considered approving the City Manager to negotiate a contract with Texas Municipal League Group Benefits Pool, to administer the City's Medical Plan. Director of Administrative Services presented summary, recommendation and answered Council's questions. Motion was made by Councilperson Engelken to ap,prove the reQuest as presented by staff. Seconded by Councilperson Sutherland. The motion carried unanimously. Ayes: Councilperson Sutherland, Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None 16. Council considered approving the award of a bid to Hackney Rescue for a light rescue truck. Joe Sease presented summary and recommendation and answered Council questions. Motion was made by Council person Ebow to approve the award of the bid as presented by staff~ Seconded by Council person Griffiths. The motion carried unanimously. Ayes: Councilperson Engelken, Ebow, Griffiths, Porter, Gay, Young, Clarke and Mayor Malone. Nays: None Abstain: Council person Sutherland 17. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council of the following events: A. City Hall will be closed Monday, September 7, 1998 in observance of Labor Day. B. The Annual Chamber Steak Cookout will be held September 17, 1998. C. The 8th Annual Family Fun Day at the Wave Pool will be held September 19, 1998. e e City Council Minutes - August 24, 1998 Page 6 18. COUNCIL ACTION Councilpersons Sutherland, Engelken, Ebow, Griffiths, Gay, Young, and Clarke brought items to Council's attention. 19. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPfER 551.071 THROUGH 551.076, AND 551.084, TE~ GOVERNMENT CODE, - (CONSULTATION WITH A'ITORNEY, DELmERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATl'ERS, CONFERENCE WITH EMPWYEES DELmERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. 551-074 (pERSONNEL MA'ITER) DISCUSS APPOINTMENTS TO BOARDS AND COMMISSIONS Council retired into an Executive Session at 7:48 p.m. under Section 551.074 (pERSONNEL MATTER) to discuss appointments to boards and commissions. Council returned to the table at 8:38, with no action, 20. CONSIDERATION AND POSSmLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken on Executive Session item. 21. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:38 p.m. Respectfully submitted, 1!l~~.A~ City Secretary Passed and approved ~th day of September, 1998. a~~a~r~ e e e e ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. FAIR MONT PARKWAY P.O. BOX 121B LA PORTE. TEXAS 77572-1218 CO'p.':"y", . " : . . . . . . . - . ;' ". -. . .... ~ ~" KNOX W. ASKINS .JOHN D. ARMSTRONG TELEPHONE 281 47'-18B6 TELECOPIER 281 471-2047 CHARLES R. HUBER. .JR. BOARD CERTIF"IED . CIVIL TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION August 13, 1998 Hon. Mayor & City Council City of La Porte City Hall La Porte, Texas Re: TCI Franchise Renewal Second Reading, and TCI Transfer of Franchige Gentlemen: I am enclosing for the August 24, 1998, City Council agenda, a form of ordinance for second reading of the franchise renewal for TCI (Tele-Vue Systems, Inc.), which includes the addition of a provision that TCI shall have a customer service office at least within ten miles of the corporate limits of the City of La Porte. Otherwise, the agreement is in the form passed on first reading on July 13, 1998. Thereafter, I have enclosed for consideration by City Council a form of ordinance approving the transfer of the franchise, from Tele-Vue Systems, Inc., to Texas Cable Partners, L.P. Representatives of the franchisee will be present at the August 24th meeting to answer any questions which City Council ma have, on the transfer of the franchise. ~very truly, , (-- ~td~(JiJ-;:z -Khox W. Askins City Attorney City of La Porte KWA: sw Enclosures e e ORDINANCE NO. 98-22QO AN ORDINANCE RENEWING THE GRANT OF A NON-EXCLUSIVE FRANCHISE TO TELE- VUE SYSTEMS, INC., ITS SUCCESSORS AND ASSIGNS, TO CONTINUE OPERATION OF THE 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 TillS FRANCHISE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. C'."'Oh.'P' ...V' ' .f .. ~ "t, ~- " ", ." ;" 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 perfonnance of Grantee under the Franchise, and during which it has also reviewed the adequacy of the 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 tenns 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 COUNCIL OF THE CITY OF LA PORTE: Section 1. SHORT TITLE. This ordinance shall be known and may be cited as the City of La Porte- Tele- Vue Cable Television Franchise Ordinance. 1 e - C'l~' ~y . I"...'t..", .' . t....... · l. ,:,,),,\ ., . ~iO ~ 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 term "may" is permissive; the terms "shall" and "will" are' mandatory, not merely directory. AIl'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 prograrmning service that a cable operator makes available to all Subscribers generally, and 2 e e Subsc~ber 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 constructed for the primary purpose of providing Cable Service which includes video programming and which is provided to multiple Subscribers within the community, but such tettn 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 pmposes of Section 621 (c) of the Cable Act) to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; 4. an open video system that complies with Section 653 of the Cable Act; or 5. any facilities of any electric utility used solely for operating its electric utility system. "Channel" shall mean a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a video signal, an audio signal, a voice signal or , a data signal. "City" shall mean the City of La Porte, Texas, a municipal corporation of the State of Texas. "City Council" shall mean the governing body of the City, or its designee. 3 e e "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 permits a Subscriber to view all signals delivered at designated dial locations. "Director" shall mean the Director of Finance, Administration Department, or any succ~ssor 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 System in the City, including the rights and obligations of the Grantee. "Government Access" shall mean non-commercial government programming produced and 4 e e cablecast in accordance with the rules and procedures established by the City. "Grantee'; 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 Televi~ion" shall mean the delivery over the Cable System of programming to Subscribers for a fee or charge over and above the charge for Basic Cable Service or Expanded Cable Service, on a per-program, per-Channel or other subscription basis. "Person" means an' individual, partnership, association, joint stock company, trust, corporation, or governmental entity. "Public Access" shall mean non-commercial public programming produced and cablecast in accordance with the rules and procedures established by the City. "Service Area" shall mean all of the current area within the corporate limits of City, and any area hereafter annexed to, or consolidated with, City as provided in Section 5 herein. 5 e e "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. Th~re is hereby granted to Grantee the right, privilege, and franchise to have, acquire, construct, reconstruct, maintain, use, and operate in the Service Area a Cable System, and to have, acquire, construct, reconstruct, maintain, use, and operate in, over, under, and along the present and future Streets of the City poles, towers, anchors, wires, cables, electronic conductors, underground conduits, manholes, and other structures and appurtenances necessary for the construction, maintenance, and operation of the Cable System in the Service Area of the City. Grantee shall have the right and duty to provide Cable Service throughout the entire Service Area, subject to the limitations in Section 5 of this Franchise. Section 4. NON-EXCLUSIVE FRANCHISE. The rights, privileges, and franchise granted hereby are not exclusive and nothing herein contained shall be construed to prevent the City from granting any like or similar rights, privileges, and franchise to any other Person within all or any portion of the City, including the Service Area; provided, however, any such franchise shall be on terms and conditions no more favorable or less burdensome compared to this Franchise in 6 ill e e like or similar circumstances. Section S. 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) of its trunk or distribution cable, it shall extend its Cable System to such Subscribers at no cost to said Subscribers other than the standard/non-standard charges for installation; provided that such extension is technically feasible, and if it will not adversely affect the operation, financial condition, or market development of the Cable System. Section 6. PAYMENT TO THE CITY. 1. Amount and Time. As compensation for the right, privilege and franchise herein conferred, the Grantee shall pay to the City each year during the term of this Franchise a sum equal to three percent (3%) of the Grantee's Gross Revenues for such year, or portion thereof. Such franchise fee payments shall be made quarterly on or before each May 30, August 30, November 30, and February 28, for the most recently ended quarter. At the time such payments are made, the Grantee shall file with the Director a financial report showing in detail the components of Gross Revenues of the Grantee during the preceding quarter or portion thereof. The City reserves the right to increase the franchise fee up to 5% of Grantee's Gross Revenues per year, upon providing Grantee 120 days prior written notice. 7 e e 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 performance 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 FRANCHISE AND PERFORMANCE, 1. Term. Upon the filing with the City by Grantee of the written acceptance required herein, this Franchise shall be in full force and effect commencing sixty (60) days after its final passage and approval by the City Council and expiring ten (10) years after such effective date. 8 e e 2. Perfonnance Evaluation. A. In order to assure that the Grantee is complying with the tenns of this Franchise and the character, quality, and efficiency of service to be rendered, given, perfonned, 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 perfonnance of the Grantee under the Franchise. B. At least sixty (60) days prior to any public hearing on this Franchise, the Director shall notify the Grantee in writing of the date, time and location of the hearing. Such notice shall also include any'subjects the City would like Grantee to specifically report on at the hearing. Such subjects may include, but not be limited to: (i) compliance with the requirements regarding technical perfonnance and testing, as provided in Section 9 hereof; (ii) compliance with the requirements for the Cable System capacity, as provided in Section 8 hereof; (iii) compliance with all requirements related to support for Public, Educational and Government Access Channels, as provided in Section 11 hereof; (iv) the development of new Cable Services; (v) any federal or state rulings relevant to the Franchise; (vi) a summary of all service interruptions during the preceding calendar year (other than scheduled interruptions Or interruptions of a duration of less than two hours for all Subscribers or any interruptions which affected less than ten percent (10%) of all Subscribers); (vii) a summary of representative Subscriber complaints referred by the City during the preceding calendar year, including the number of Subscriber complaints received and the 9 e e 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 terms and conditions imposed by this Franchise. F. All records and minutes of each of the performance 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 term of the Franchise and to hold public hearings or take any other steps it deems appropriate. Section 8. SYSTEM CAPACITY. 10 e e 1. The Grantee's Cable System shall provide a minimum capacity of seventy-five (75) video Channels throughout the term 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. I. 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 Performance. Throughout the term of this Franchise, the Grantee shall, at a minimum, operate and maintain the Cable System in accordance with all applicable technical performance 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 permit the Subscriber to prohibit viewing of a particular Channel during periods selected by that Subscriber. Further, the Grantee shall provide information II ,e e 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 pro,tected 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. In addition, Grantee shall maintain a customer service center for the receipt of payments, exchange of equipment, and to provide personal customer service, either within the City or no greater than ten miles outside its corporate limits. Section 10. EMERGENCY USE OF THE CABLE SYSTEM. The Grantee shall comply with all rules and regulations ofthe FCC regarding emergency alert systems. Section 11. PUBLIC; EDUCATIONAL AND GOVERNMENT ACCESS. Initially the Grantee shall 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 12 e e 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 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 and 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 13 e e the buildings specified in Section 13(1) above, reimbursable at its actual cost of time ~d materials only, or, at the Subscriber's election, the Subscriber can install the internal wiring per the Grantee's 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 filll 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 14 e e undertaken by the Grantee. Section 15. INDEMNIFICATION AND LIABILITY FOR DAMAGES. The Grantee shall pay, and by its acceptance of this Franchise specifically agrees that it will 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 inst.allation, 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 15 e e will protect, defend, indemnify and hold harmless the City, its agents, assigns, legal representatives, employees and officers (collectively, "the City") from any and all fines, demands, judgments, liabilities or claims arising by reason of or in connection with: A. the actual or alleged errors, omissions, 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 ofthis Franchise to the contrary, the Grantee shall at all times comply with all laws, 16 e e 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 pennit the Grantee to perfonn any 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 perfonnance 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 specifically 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. CONDITIONS OF STREET OCCUPANCY. 1. Use. All 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 17 e e Director of Public Works for one year from the date of completion of such restoration work. No Street shall be encumbered by construction, maintenance, removal, restoration or repair work by the 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 <?r 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. 18 e e 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 lower its wires and cables temporarily to pennit 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 fixtures 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 perfonned 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 19 e e 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 pennitting 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 contractors 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 with 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 20 e e 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 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. Th~ 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. 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. 2. 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 ofthe Cable System, and to all other records and reports required to be kept or which are kept by the Grantee. The City agrees to treat any infonnation disclosed by the Grantee as confidential and only to disclose it to employees, representatives and agents thereof that have a need to know, or in order to enforce the provisions hereof. The Grantee shall not be required to 21 e e provide Subscriber infonnation in violation of Section 631 of the Cable Act. 3. Annual Report. A report shall be filed 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 certified by an appropriate representative of the Grantee, and shall include any such other infonnation 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 well as compliance with other provisions of this Franchise. 4. 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 ofa material provision of this Franchise. 5. FCC Filings. The Grantee shall, upon request, file copies of all reports and filings made to the FCC with the Director. Section 22. PROHIBITION 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 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. 22 e e 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 VIT, 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 detennined in an appropriate proceeding filed in any court having jurisdiction. Section 25. MATERIAL BREACH OF FRANCmSE. 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 ~erm, condition, or provision ofthis 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 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 assignment for the benefit of creditors, fails to pay its debts generally as they become due, becomes 23 e e 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 an 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 DEF AUL T; OPPORTUNITY TO CURE. 1. Notice of Default. The City Council shan 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 stat~ that such alleged failure will be cured and set forth the method and time schedule for accomplishing such cure. B. The Director shall detennine (i) whether a failure to comply with a material provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the Grantee. The Grantee shall make available to the Director, if requested, any records, documents or other infonnation necessary to make the detennination. 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 24 e e 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(l)(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 tennination 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. 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 25 e e Section 26(1) hereof, the City Council may, at any time during the tenn 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 alternative 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, Servic~ Area shall mean the same as Franchise Area as that tenn is used in the Cable Act of 1992 in determining effective competition. 2. Rate Schedule. The rates and charges for an Cable Services, including installation fees and other one-time charges~ shaH be maintained on file with the City. The Grantee shan 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 26 e e 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 perfonn, in whole or in part, its obligations pursuant to this Franchise due to Force Majeure. In the event that any such delay in perfonnance or failure to perfonn affects only part of the Grantee's capacity to perform, the Grantee shall perform to the maximum extent it is able to do so and shall take all steps within its power to correct the cause(s) of the delay or failure of perfonnance. 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 27 It e 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 FRANCHISE. 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 lawfully 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 tenns 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 oftime. 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 terms and conditions as it deems reasonably necessary, provided its approval and any such tenns 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 tenns of this Franchise. The City shall not 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, 28 e e 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 thereofby 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 ofthe 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 statement in the following (onn signed in its name and behalf: "To the Honorable Mayor and the City Council of the City of La Porte, Texas: 29 e e 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 tenns, 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 inval!dity 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 ~harter 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. Section 34. COMPLIANCE WITH FRANCHISE. In any dispute, claim or proceeding pursuant to this Franchise, the Grantee shall have the burden of demonstrating its compliance with each tennand condition of this Franchise for an purposes. 30 e e 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 communication 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 representations, warranties, covenants and agreements shaH not be affected or waived by any inspection or examination lIiade by or on behalf of the City) that, as of the closing and throughout the tenn of this Franchise: 31 e e 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 perfonn 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 infonnation 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 delivered to the City by or on behalf of the Grantee specificaUy for use in connection with the transactions contemplated by this Franchise. Section 38. BINDING EFFECT. This Franchise shaU be binding upon and inure to the 32 e e 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 shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other right, all subject to the conditions 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 shall impair any of the rights of the City under applicable law, subject in each case to the tenns 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 shall 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 ofthis Franchise. Section 41. NO AGENCY. The Grantee shall conduct the work to be perfonned pursuant to this Franchise as an independent contractor and not as an agent ofthe City. Section 42. GOVERNING LAW. This Franchise shall be deemed to be executed in the City of La Porte, State of Texas, and shall be governed in all respects, including validity, 33 e e COpy 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 tenn of the Franchise. Section 44. MODIFICATION. Except as otherwise provided in this Franchise or applicable law, no provision ofthis 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 13th day of July, 1998. PASSED second reading this the 24th day of August, 1998. CITY OF LA PORTE BY:~~ orman L. Malone, Mayor ~ ATTEST: Mart a A. Gillett City Secretary ox W. Askins City Attorney 34 e e e e ORDINANCE NO. 98- 2272 ~~r:pi)'Y7 ~~~ Gf AN ORDINANCE APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM TELE-VUE SYSTEMS, INC. TO TEXAS CABLE PARTNERS, L. P.; APPROVING CHANGE AND ACTUAL WORKING CONTROL AND THE TCI CHANGE OF CONTROL; CONTAINING FINDINGS AND OTHER PROVISIONS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Tele-Vue Systems, Inc. ("Franchisee") currently owns, operates and maintains a cable television system (the "System") in the City of La Porte, Texas (the "Franchise Authority"), pursuant to Ordinance No. 1775, dated January 9, 1980, Ordinance No. 1175-A, dated March 14, 1998, Ordinance No. 96-2095, dated March 18, 1996, and various ordinances extending the terms of Ordinance No. 1775, through December 31, 1998, (the "Current Franchise"), and will own, operate, and maintain the System pursuant to Ordinance No. 98-2260, passed on second reading on August 24, 1998, when it becomes effective on October 23, 1998, (the "Renewal Franchise"); and the Franchisee is the duly authorized holder of the Current Franchise and will be the duly authorized holder of the Renewal Franchise; WHEREAS, Time Warner Entertainment-Advance/Newhouse Partnership ("TWE-A/N"), a New York general partnership two-thirds owned by Time Warner Entertainment Company, L.P. ("TWE"), an affiliate of TWE-A/N (together with TWE-A/N, the "Time Warner Partners"), two affiliates of the Franchisee (the "TCI Partners"), and Texas Cable Partners, L.P., a Delaware limited partnership owned 50% by the Time Warner Partners and 50% by the TCI Partners (the "Partnership"), are parties to that certain Contribution Agreement dated as of June 23, 1998 (the "contribution Agreement") , which provides for the transfer of the System and the Current Franchise (or the Renewal Franchise, if then in effect) to the Partnership (the "Transfer"), which term shall include any necessary transfers of the System and the Current Franchise or the Renewal Franchise, whichever is currently in effect, through one or more affiliates of the Franchisee, at the closing contemplated by the contribution Agreement (the "Closing"); WHEREAS, at the Closing the Partnership will enter into a Management Agreement with Time Warner Cable, a division of TWE, providing for the management of the Partnership, the System and the Renewal Franchise by Time Warner Cable (the "Change in Actual Working Control") , WHEREAS, AT&T Corp., an affiliate of AT&T Corp., and Tele- Communications, Inc. ("TCI") are parties to an Agreement and Plan of Restructuring and Merger dated as of June 23, 1998, (the "AT&T Merger Agreement") which provides for AT&T Corp. acquiring control of TCI, the ultimate parent of the Franchisee and each TCI Partner, at the closing contemplated by the AT&T Merger Agreement (the "TCI Change of Control"); e e WHEREAS, Franchisee and the Partnership have requested consent by the Franchise Authority to each of the Transfer and, if applicable, the Change in Actual Working Control and the TCI Change of Control, in each case in accordance with the requirements of the Current Franchise and Renewal Franchise; and WHEREAS, each of the Transfer and, if applicable, the Change in Actual Working Control and the TCI Change of Control is deemed to be in the best interest of the residents of the City of La Porte, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The Franchise Authority hereby consents to each of the Transfer and, if applicable the Change in Actual Working Control and the TCI Change of Control, all in accordance with the terms of the Current Franchise and the Renewal Franchise. Section 2. The Franchise Authority confirms (a) the Current Franchise was properly granted to Franchisee, (b) the Current Franchise is in full force and effect through December 31, 1998, ec) upon its effective date of October 23, 1998, the Renewal Franchise will be in full force and effect, will expire on October 22, 2008, and will supersede the Current Franchise, (d) upon its effective date, the Renewal Franchise will represent the entire understanding of the parties, and ee) Franchisee is in compliance with the provisions of the Current Franchise and there exists no fact or circumstance known to the Franchise Authority which constitutes or which, with the passage of time or the giving of notice or both, would constitute a default or breach under the Current Franchise or the Renewal Franchise or would allow the Franchise Authority to cancel or terminate the rights thereunder except upon the expiration of the full term of the Current Franchise or the Renewal Franchise. 2 sectioD 3.e This ordinance shall beeeemed effective for purposes of the Transfer and, if applicable, the Change in Actual Working Control upon the date of Closing of the Contribution Agreement (the "Closing Date"), and if applicable, for purposes of the TCl Change of Control upon the earlier of the Closing Date or the date of Closing of the AT&T Merger Agreement. SectioD 4. (a) The Franchise Authority releases Franchisee, upon the effective date of the Renewal Franchise, from all obligations and liabilities of the Current Franchise, and (b) the Franchise Authority releases Franchisee from all obligations and liabilities of the Renewal Franchise that arise and accrue after the Closing, provided that the Partnership shall be responsible for any obligations and liabilities under the Renewal Franchise that arise and accrue after the Closing Date. SectioD 5. This ordinance shall have the force of a continuing agreement wi th Franchisee and the Partnership. The Franchise Authority shall not amend or otherwise alter this ordinance without the consent of Franchisee and the Partnership. 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. 3 e e tru~[j5)~ ~~r tj.. Section 7. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24th day of August, 1998. By: CITY OF LA PORTE .~4~~ 'N. rman L. Malo - Mayor ATTEST: / ~ ,/ A~P OVED: / .k W.~~~ nox W. Askins City Attorney 4 e e , .:~ ::,.' ... ':,.::}:~:>',:, PO BoX22777',3555'l1mmons, Houston, Texas 77227-2m.713/827-3200 ,:"".:,":!/-.:':"::i-k~~~';;!::~i', ~':' .'~:T~':::: .. :,;';,'\"?~;t~[,';'.';"~':' i.'~~~i'~~~~i~i=':;":;~A~,:Q:;:~:'~'..<.:'\:'..:..,..:: '.:::' '., .~,~, ...."<:' ,.' ,:":.\ :;:,i:-~"l..:>)~i...~~.~t.:~' I":' .'f! A'i .......f 1.......J..:I'...'l'i. r"' ,;I" ,)',;~~~~.,'I':."''''''i,~"...Voe:>L... ~'..=.'l''''+~ " .... . ....,.\...., ....... ,'': .......1:.-: ')~"..'.' 11",""t;;' .-t1.~"I011 ;'::,:.': :';.: .r;'::: .'..' "i'~':': \~.~.:~..:/:, .:,:/ ,::: ;~;'~:f~~~t~...~.~~:\;~/~~ 'lSt~~'0~i1-'tik.b\.):~:~:':" ~~~;i "{(T~'O')i"!">:")':"\~/~.:'Bf4:;:~ ':d~~;;"'f~D: ~..~~~~;~~.~tt"~~:t!:~':~::.'W\r;:;;~..~~?::~.~,:..n;?~, /:-!,;'~~,.'~:~,~:. :'::,::, ,:~. .,'. ":::~"" :.~'. ..:: '~:::/..!.;:f':~~~~~f: ::, " ."" oar 0 ll'ec,q,rs.:, J,. . . '.. .'. . ..., . .-" . ,. .'... .. '.",.... ;)..';jt" '!J'/I.,~ .: . ,'" '~'::l: ~ .:,.' :';:"~ :i ;:(;:~:';"'; '.' : - ~ ..~:.~'~,:~i;Y~~':),-;;~':/o:: . ,;: ..~:;:~:.';'. : r~ ',.,.:r'.....;::..'::.. :::-" .~..;:~:.,; .. ,.", :... ~<<~ . '.: ~::,'\,il~~~ , . ::':SUBJECT:":'"';Actiori'Request. .'iMotor Vehicle Division Issues ,:,~":-;-",,,...,-.' ;'., ';,; , .::: :"'J;.' ":"'~'%':;7:;:.r;' ..' ','::-~<!': :7V:;:: :>~:;:~;);~.{~ti\ll::~:::OO: ;" ;'.~~~~ri' ~r:~.;:;:::t~ ;J~Y?~': ~-;;./':;~.~::~.'. !~)'.::;)i~~~~~~.':{~:}.:.t.::.:.:;.::..:,:: '::"'>~:':'.:::~>)K'.1;f~;1~~~;.:, : .; .., '. FROM... ... ..l.'ack Steell! ..: l1,..... "1<1>' '.:;.,)'- 11": ':..:o';';"~~' . ,:.l.\.;,;,: ....,. ".. ~.; I": '.J ' .... l " ,,' ," ' ". 'l~ "!!':":';':'~ I........ ,. .......". ,::. ,'\.., . t...... ,..... .".f' ...." i'I" ..t....ht'l., I.,;..~....l _', ,......" ....n/.f.:,f....'tlr ",.;: " ;.~ ;':~....\:,:." /.~...."...,}...~.:~.~";:;...I~I.a:: '"',,: ;......~.. {~:. ~ I). ~I.t~~ .:..)~,}\...~'''..r:f\..~~.,,;;::.:;:.:,.',f.r.i:';..,,...,~...';t':,i.Lj..";-,t. f.I~...:.I,....;..:"......!,.1,.....;.:..:.r:;?:. ','. :....,.~l~.b.I.r.. I. "'..J i::........~. ~ ......:,. It"l ;1.0;.' ~..~....... .....""w)'l'.,.... '":r;.:"w \"t.4~~"t~. ':.L:..:.rt.:t...it'.......:... "..".~t'~i .~\.. . ..' 'j: .""1 ,; ."1 ,:i~I.,'.. I' ~~'.t..~~ ~l.:'/'..\ .1) II:";!' .::.~ ~ . , :::,... .! t:lp' .,: ~/\Ij':Ji":. 04...: .~~ ";';:'1Q!t \:1.v 4 ~:,..,..\ 'IP~.. :,:t'a:.t .~.;~ ,......l.~-t..~:-.. -= .) ; ',~. ,. .T:'t1r'! f: ."~. };.). ,~r;.'!J.1f : . ~. ~ jL~, ::'.{~'DA TE:.;t:!:t3~'~~_ "July:29 "1998 ~~-:; ::\ ~;Io:i:~t.~'lt.~~~1 \:~...::;;r{~;.., . Jo~~5J~:'~.": ..;"''-f:~':;:;;t"~~..~.f~.~t~~~~~;~"!,~).f.;;1t.~~~ '::::. :. :'.r ~...:.1r!':..~ft:<.;:..1i:~X:~ ','.: :~~;.,;::-:;,/ ~f'~";'~~' ':Jr:;i/~~~,:.~~.f'1~~~:.~~;~lZ,t4>.?\~' ....:.;!:.5~(V1~~~.J.;~:~~~(.:f;::~ ';":~,d;'.:: t';~,ny~;.t.:~1 .,: '; :':i'. .~{t:;~)? :; :S\;~:Ii,.. .(:..:::-J!!'ittl~~0id~1ti~;;~~t~~I:i~:/<::':,~',t:.?. ~:;ilfif:~~~~ , Background~AS you :are aware;"lhe';Texas"Motof' Vehicle' 'Division and Boai'd is aCtively ~':':~~~:;: -t' '~~',j, '.}: .'1 .:.~ ".;a~~.,u ':' 1.., ~ I ~'l:.' J..~ih.j'f.;_'l". ~~"'~""'.:~"t.I.I~' I ;~.A.:~"i...'. ~ 1 . " .~. ~:"';.,,'.~'\-~~~. ::'.. seeking to restnct or end local government ablhty to cooperate In the purchase of motor vehicles. So' )fr. ... .... .4'.~ ". ;... '~.".-='\;;'f'r~ :l.....'.._...A.....,,.:,,...~. ..' :_"". . '~:''''~o''..~,) H-GAC. has .ob~ajned, a. r~straining . o:t.qe.f".wh~<!Jl prevents furtJie~. action by the Motor Vehicle';, ':;;r~ . .'. ~. ........ -i,:~.... .".' . .' '.4.'...'~;:-;'~."_-"J:";...1'."~""'-I~.n.':,,' .' ..~" "i',' ". . '" . ~ "..:....;>:c.f.:~ DI~ISI~n, ~4 a~I,Q,~~,the,ye.I~icle pu:~~h~slng PrQgranj~o.pon~li1ue ana normal basiS. . .::. ':~;'~~.~'.~ ~~~,:::. "'::' ,. .::~' "i'/?;:~ rJ~>, ':,: \',-:' ::.~.li,.,,:.,~. ..~:!~~~{f~:H~~;?j~:~~,;r ::;::.~::~.:' : " ".<: ': ': , ,~ i~: ~>. Current Sittiatiori~ The long-term"reme(fy,fo'r .this' .sitiuition 'will be legislation clarifying orice '~:" :;~ ", and for ail'that local'goveriuneriis ,~an:&;6p~filte'io 'p~rchase vehicles. ,:. . ' ).: .:~..:.. t.~:~; " "':::.>-,"'. ".'.'<;~.'>":.".' ..:' ." .:~i,"&~i..;~'J.~::P':;:~:';,{:::'::.,:..".;'- .'..::.:.,..' . . '~'~t/~.:;. , '/\s' . a foll~w-up': to : recent ]3"~ard. :.ais.cu~~~ns,~:.;i 'IlIii. enclosing' two~draft"!t!resolutiotis~frtf,)\;:...) . ~;!.1'~: ..9>J~~idYMi&q.~~~ "p~'s~ib.le ad,~p~i?~.~~r.~r..~~~~~~.rmpgJ.lp~dy~One reso!ut~on c~Jls for legis~ative,."::~:A~" . actIOn. .The other. SimIlar r7.so!~tl~~. ,~~qu~st~ t~at your state aSSOCiatIOn support' contrnue~ ,'/:;i~~::l~!:~,: cooperative purchasrng of vehicles.. ., . ,: " ..' "\' ,....' ,: . ',.:';.\:~.".h.Y.l: . ,. . ... . o' "J;;"r.'t!:. Action Requested-Your governin~ :~~~~: s ado~tio'n' of both resolutions would be very helPful.' . . . ..,':.::~.~'..~.~.~.f..:.::':~::.~..,:.~.....;.~.:.;;..,;.~,.~:,~~~'t~.,f,,'.:.. Please send the state association resolution 'to the appropriate person dealing with your state ".,' _: association's legislative program, Please send the other resolution to H-GAC. I am also sending ; . ..'..~ . a fact sheet about the program for your use. ~'Please contact me if you have questions ,or would";', <. .:;~~;: like more information. . ' :'~k .', , ,,0.. ~{L~ ;. . ~~~/\:,:'; .' ':':':,' .' .>::..J ~ . ~';.. ~_u .:;, ~: '~~;~f:/ ,I~' t", ' ~.~i, ~ . ';-:;:::\;:::: '. ~~D'l\. : ,,::. 'i,..:,.... ,': '.:~~r' y-, ........ . . , - :.................................... '.' :" :Office' of the EX~i(p)i._._.. .) ..".. , JS/mw EnClosures .:- . - ~ . ,;',:~:O:::- -t,ot.......::.. ':,Rec:ydIcI...,~ ,. .,.,.~..l:~~J..':.l...... :,'.:...;..,. , I. ~.~; ~ :: . .5 ' .. .....:':- ",.t. 0". '" .. " "'.1 . .~; ',,,,, "r' ..' ~" ,i . e e COP'V . . .", to " ~ .:. ! .~' ,]' " H-GAC Local Government Cooperative Purchasing Program Overview Background-The Houston-Galveston Area Council of Governments, a political subdivision of the State, has conducted a cooperative purchasing program for local governments since 1973. The program saves tax dollars through quantity purchases. All purchases are made under publicly advertised sealed competitive bids. Items o.ffered in the program range from garbage bags to fire trucks. Eight hundred sixty nine local governments have executed intergovernmental agreements allowing them to participate in the program. About 425 governments participate in . the program each year. Legal Authority-Intergovernmental purchasing programs are specifically authorized under Chapter 791 of the Government Code. Issue-The Texas Motor Vehicle Division has tiled a complaint action against H-GAC for violations of the Texas Motor Vehicle Commission Code. The Motor Vehicle Division contends that H-GAC's cooperative purchasing activities violate Motor Vehicle Code provisions on "brokering" of vehicles. Motor Vehicle Division personnel have indicated that the only solution acceptable to them is a complete discontinuation of the H-GAC program. H-GAC has tiled a request for declaratory judgement in Travis County District Court, asking the Court to find that H-GAC's program is operating appropriately under the lnterlocal Cooperation Act (Title 7, Ch. 791, Government Code.) Current Status-H-GAC has obtained a restraining order preventing Motor Vehicle Division action against program participarits, participating low-bid dealers, and H-GAC itself Cooperative purchasing activities are proceeding normally. Action-Legislative clarification of local government cooperative purchasing authorities IS apparently necessary. Local government support in this effort is vital. e e e ~~fBJ'\\. ~~Fo Houston-Galveston.Area Council Office of the Executive Director PO Box 2ZT77' 3555 Timmons' Houston, Texas n2Z7-2777' 713/627-3200 6oe:> t~ Ck.~ --rv."L ~q)Dil""'" ~""(.... ~ IttJ 'itf.e~ \) I'PI'~ ~ TO: Board of Directors SUBJECT: FROM: Action Request-Motor Vehicle Division Issues Jack Stee'ijf July 29, 1998 DATE: Background-As you are aware, the Texas Motor Vehicle Division and Board is actively seeking to restrict or end local government ability to cooperate in the purchase of motor vehicles. H-GAC has obtained a restraining order, which prevents further action by the Motor Vehicle Division, and allows the vehicle purchasing program to continue on a nonnal basis. Current Situation-The long-tenn remedy for this situation will be legislation clarifying once and for all that local governments can cooperate to purchase vehicles. As a follow-up to recent Board discussions, I am enclosing two'- draft resolutions' 'for' ...consideration and possible adoption by your governing body. One resolution calls for legislative action. The other similar resolution requests that your state association support continued cooperative purchasing of vehicles. Action Requested-Your governing body's adoption of both resolutions would be very helpful. Please send the state association resolution to the appropriate person dealing with your state association's legislative program. Please send the other resolution to H-GAC. I am also sending a fact sheet about the program for your use. Please contact me if you have questions ,or would like more information. JS/mw Enclosures o RecydIcI e e COpy H-GAC Local Government Cooperative Purchasing Program Overview Background-The Houston-Galveston Area Council of Governments, a political subdivision of the State, has conducted a cooperative purchasing program for local governments since 1973. The program saves tax dollars through quantity purchases. All purchases are made under publicly advertised sealed competitive bids. Items offered in the program range from garbage bags to fire trucks. Eight hundred sixty nine local governments have executed intergovernmental agreements allowing them to participate in the program. About 425 governments participate in the program each year. Legal Authority-Intergovernmental purchasing programs are specifically authorized under Chapter 791 of the Government Code. Issue-The Texas Motor Vehicle Division has filed a complaint action against H-GAC for violations of the Texas Motor Vehicle Commission Code. The Motor Vehicle Division contends that H-GAC's cooperative purchasing activities violate Motor Vehicle Code provisions on "brokering" of vehicles. Motor Vehicle Division personnel have indicated that the only solution acceptable to them is a complete discontinuation of the H-GAC program. H-GAC has filed a request for declaratory judgement in Travis County District Court, asking the Court to find that H-GAC's program is operating appropriately under the lnterlocal Cooperation Act (Title 7, Ch. 791, Government Code.) Current Status-H-GAC has obtained a restraining order preventing Motor Vehicle Division' action against program participants, participating low-bid dealers, and H-GAC itself Cooperative purchasing activities are proceeding normally. Action-Legislative clarification of local government cooperative purchasing authorities is apparently necessary. Local government support in this effort is vital. e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 24. 1998 Requested By: 1. L. Sease #Department: Fire . / _ Report ~ Resolution X Ordinance Exhibits: Proposed Ordinance Copy of Proposed Rates SUMMARY & RECOMMENDA TJON The fee structure of EMS operation has not changed since 1992 however, our costs have risen dramatically, 51%. We are asking that the Council approve the proposed rate increase to keep pace with the increase in costs. As was shown during the Council workshop on EMS rates, the city is charging much less in fees then other comparable services in the area. As most of our income from EMS fees is paid by Insurance Companies we are receiving a lower share of our costs than other municipal services. Approving the proposed rates will increase the patient billing fee portion of the EMS budget from the current 18% to 34%. This will include non-residents, who are benefiting from the excellent care they receive when using our services. Action Required by Council: Approve the proposed ordinance setting new rate fees effective October 1, 1998. Availability of Funds: General Fund WaterlWastewater _ Capital Improvement_ General Revenue Sharing Other ( Account Number: . N/A Funds Available: YES NO Approved for City Co~ncil Aeenda ~~T,~ Robert T. Herrera City Manager Date e e ORDINANCE NO. 98- 2273 AN ORDINANCE ESTABLISHING A RATE STRUCTURE FOR THE CITY OF LA PORTE EMERGENCY MEDICAL SERVICE, BY ADDING NEW ARTICLE III. EMERGENCY MEDICAL SERVICE, SECTION 30-78 RATE STRUCTURE, TO CHAPTER 30 EMERGENCY SERVICES, AND BY AMENDING APPENDIX A-FEES OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR PUBLICATION OF THE CAPTION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IS HEREBY AMENDED, BY ADDING NEW ARTICLE III. EMERGENCY MEDICAL SERVICE, SECTION 30-78. RATE STRUCTURE, TO CHAPTER 30, EMERGENCY SERVICES" AND BY AMENDING APPENDIX A-FEES OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, WHICH SHALL HEREAFTER READ AS FOLLOWS, TO WIT: ARTICLE III. EMERGENCY MEDICAL SERVICES Sec. 30-78. Rate Structure. The following rate structure as printed in Appendix A-Fees, Chapter 30, Emergency Services, Article III, Emergency Medical Services, has been established by the city council and are payable to the City of La Porte Emergency Medical Service. APPENDIX A-FEES Description Section Amount this Code Chapter 30. Emergency Services Article II. Alarms Division 2. User Permit (a) Alarm user registration and permit fee (b) Permit renewal fee, per alarm, per address 25.00 5.00 30-56(c) 30-56( d) Ordinance No. 98-2. , Page 2 Article III. Emergency Medical Services Procedure/Drugs Base Rate Stand-by RatelHour Mileage (per loaded Mile) Life flight/Other Transport (plus Supplies) Treatment, No Transpo~ (plus Supplies) Infection Control Spinal Immobilization E.C.G. Oxygen Setup M.A.S.T. C.P.R. Blood Draw IV Setup/Saline lock Bandaging Per Site ET/EOA EGTA OB Kit Intra osseous Cannulation Bag Valve Mask Suctioning Splinting Per Site External Pacemaker Nublizer lavage Kit Chest Decompression Glucometer E.C.G. Pads Defibibrillation Pulse Oximeter Auto Ventlation Surgical Airway Retograde Intubation Narcan Thiamine Dextrose 50% Benadryl Atropine Sodium Bicarbonate Epinephrine 1:1000 Epinephrine 1 :10,000 Dopamine lasix Nitroglycerin e 350.00 40.00 6.50 350.00 175.00 50.00 40.00 50.00 35.00 40.00 50.00 20.00 35.00 20.00 50.00 30.00 25.00 75.00 50.00 25.00 20.00 75.00 35.00 150.00 50.00 15.00 15.00 75.00 20.00 25.00 120.00 125.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 30.00 15.00 15.00 30-78 Ordinance No. 98-2. Page 3 e' Activated Charcoal Morphine Lidocaine 100 mg. Lidocaine Drip Instant Glucose Tetracaine Adenosine Albuterol Mannitol Ipecac IV Fluids Solu-Medrol Magnesium Sulfate Bretylium Atrovent Vasotec Glucagon Ramazicon Succinylcholine Versed 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 50.00 15.00 20.00 15.00 15.00 15.00 15.00 50.00 50.00 50.00 50.00 50.00 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 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 fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the Bayshore Sun at least twice within the ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this _ day of October, 1998. CITY OF LA PORTE Norman L. Malone, Mayor Ordinance No. 98-22_ Page 4 _ ATTEST: Martha Gillett, City Secretary APPROVED AS TO FORM: John D. Armstrong, Asst. City Attorney e e ORDINANCE NO. 98- 2273 C. .. 0.... ff2D" V" , . . ".::.:: . :~ . 'r~' r:" ~;' . . ;.~ AN ORDINANCE ESTABLISHING A RATE STRUCTURE FOR THE CITY 01' LA PORTE EHERGENCY MEDICAL SERVICE; CONTAINING A SEVERABILITY CLAUSE; PINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EPPECTIVE DATE HEREOP. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The rate structure as shown on Exhibi t "A" attached hereto, incorporated by reference herein, and made a part hereof for all purposes, is hereby established for the provision of emergency medical services by the ci ty of La Porte Emergency Medical Service. Section 2. The rates established under this Ordinance shall be effective the 1st day of October, 1998. Section 3. 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 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 4. 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 e e COpy . -." . . . . . . ". .. ..; ~r.. . ..... ':~I;. . L.' .~.. . ,'. . ~. '" "... 1 . 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 s. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24th day of August, 1998. By: CITY OF LA PORTE ~~ an . Malone Mayor ATTEST: ~. (l.&/JJiJ Mar a A. - Gillett . City Secretary ,/, // % / L / . .?J b--I ! '. _~ -z;) ?d:~ .......Knox W. Askins city Attorney -2- e e ~fR\o' f}3JV ~'0d)~bf The City of La Porte Emergency Medical Service Rate increase Effective October 1, 1998 Procedures/Dru s Base Rate Stand-b Rate/Hour Milea e Life FIi htl Other trans ort Treatment, No Trans ort I nfection Control S inallmmobilization E.C.G. o en Setu M.A.S.T. C.P.R. Blood Draw IV Setu / Saline Lock Banda in Per S'ite ET / EOA EGTA 08 Kit Intraosseous Cannulation 8a Valve Mask Suctionin S lintin Per Site External Pacemaker . . Nublizer Price $350.00 $40.00 $6.50 Per Loaded Mile $ 350.00 Plus Su lies $ 175.00 Plus Su lies $ 50.00 $ 40.00 $ 50.00 $ 35.00 $ 40.00 $ 50.00 $ 20.00 $ 35.00 $ 20.00 $ 50.00 $ 30.00 $ 25.00 $ 75.00 $ 50.00 $ 25.00 $ 20.00 $ 75.00 $ 35.00 EXHIBIT A e e c@p..v . ~ . '- . " . ~ \ ,~ .':.. . ,". . . . , ':, 4." ' . . ;;~ . . Lavage Kit $ 150.00 Chest Decompression $ 50.00 Glucometer $ 15.00 E.C.G. Pads $ 15.00 Defibrillation . $ 75.00 Pulse Oximeter $ 20.00 Auto Ventlation $ 25.00 Surgical Airway $ 120.00 Retograde Intubation $ 125.00 Narcan $15.00 Thiamine $15.00 Dextrose 500/0 $15.00 Benadryl $ 15.00 Atropine $ 15.00 Sodium Bicarbonate $ 15.00 Epinephrine 1:1000 $ 15.00 Epinephrine 1 :1.0,000 $ 15.00 Dopamine $ 30.00 Lasix $ 15.00 Nitrogly~rin $ 15.00 Activated Charcoal $ 15.00 Morphine $ 15.00 Lidocaine 100 mg. $ 15.00 Lidocaine Drip $15.00 Instant Glucose $ 15.00 Tetracaine $ 15.00 Adenosine $ 15.00 Albuterol $.15.00 Mannitol $. ~50. 00 Ipecac $.15.'00 e e ~1? " FBS\~\I7 ~~~ ~ IV Fluids $ 20.00 Solu-Medrol $ 15.00 Maanesium Sulfate $ 15.00 Bretvlium $ 15.00 Atrovent $ 15.00 Vasotec $ 50.00 Glucaaon" $ SO.OO Ramazicon $;:50.00 Succinvlcholine -$ 50.00 Versed $ 50.00 e e REOtlT FOR CITY COUNCIL AGENDA !M Agenda Date Requested: August 24. 1998 Requested By: s. GillOtt ~ep.rtmeut: Public Works _ Report _ Resolution XXX Ordinance Exhibits: Ordinance No. 98-2274 Exhibit ^ - Traffic Hump Policy SUMMARY & RECOMMENDATION The City Council, at the July 27, 1998 Workshop meeting, gave direction to staff for the final development of a policy for traffic hump installation and guidelines. Based on this input, the attached policy, identified as Exhibit A, is presented for consideration. The attached ordinance approves the proposed Policy. It is recommended that a budget of $20,000 be established for the first six- (6) month period of the upcoming fiscal year. After that time, should additional funds be required, the Public Works Department will present a report to Council requesting additional funding. Action Required by Council: Approve Ordinance No 98-2274 establishing a Traffic Bump Policy for the City of La Porte. AvailabiJity of Funds: General Fund_ WaterlWastewater _ Capital Improvement_ General Revenue Sharing Other Account Number: Funds Available: YES XX NO Approved for City Council Aeenda G<~ T. ~ Robert T. Herrera Date City Manager e e C- o. _._p:~ ~"v--- . . . .. l i ,". ~.' . . ' .. .' ..~ ~ . . ". . ,!, ,I' ORDINANCE NO. 98-2274 AN ORDINANCE ADOPTING A TRAFFIC HUMP POLICY FOR THE CITY OF LA PORTE; 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 of the City of La Porte hereby adopts a Traffic Hump Policy for the City of La Porte, in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. 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. sectio~ 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24th day of August, 1998. By: ~ ~an . ane Mayor ATTEST: ~t1JJJQa. )/J~ Ma tha A. Gtllett /7 city Secretary ~ . (~Z:I.-?/ /}/. t ~//J. a~~ Knox W. Askins City Attorney e e EXHIBIT A CITY OF LA PORTE TRAFFIC HUMP POLICY C.... C..... ~. V . .... I ;,," II l-. " ~; . . . ~ - ; . I . . . . ,. . .. e e . COiL:! TRAFFIC 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 policy. B. GENERAL In order for traffic hump installations to be effective, they should be located selectively in accordance with defined traffic engineering 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. C. DEFINITIONS AND RULES OF INTERPRETATION "APPLICANT" refers to the designated representative for the residents petitioning for installation of the traffic hump. "APPLICATION" for traffic humps includes the petition. "DIRECTOR" refers to the Department head appointed by the City Manager to administer this Policy. "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. "SPEEDS" are 85th percentile speeds as determined by a City- conducted or supervised traffic engineering study according to accepted traffic engineering practices. e e C(Q)' fr' o.: . . : '. ". '", ;).. "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. f. The street must not be an identified primary route for emergency vehicles. These routes are subj ect to change. e e ((;@L01f 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 Director 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 wi thin 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 eligibili ty of a traffic hump installation and having the installation approved or denied. 1. Requests for traffic hump installations will be received twice per year, from October 1 to October 30 and April 1 to April 30 in the office of the Director. 2. A written request for the installation must be submitted by at least three (3) residents (Applicant) to the Director. 3. 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, stating the reason for denial. The decision of the Director is final. 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 e e ~@~v and the Applicant will review the petition and other requirements. The Director will also provide at least one copy of the petition form, which must be used. c. The city will give notice that traffic under consideration through the use hangers, local newspaper announcements means to ensure that affected residents of the proposed installation(s) . humps are of door and other are aware 4. The petition must document that a minimum of 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. d. The petition must include the address of each person signing the petition. e. By signing the petition, residents gi ve advance approval to installation of traffic humps in front of their property, together with necessary signage and no parking requirements. This provision will be prominently stated on the petition form. 5. The Applicant must submit a petition on forms provided by the Director. a. Upon receipt of the petition, the Director will verify that the petition is adequate. i. I f the Director determines that the peti tion is not adequate, a written notification of that determination will be provided to the applicant, explaining the inadequacy. 6. After verification of the petition, the Director will 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 ISO, La Porte Police and Fire Departments, La Porte EMS, and La Porte Public Works Department. b. Traffic engineering studies will be conducted for a minimum of a twenty four-hour period. The applicant will be encouraged to indicate a weekday or weekend preference for the traffic study to be performed. e e ~{R\O" ~~ ~~uU c. Unless the Director determines that the original count did not represent normal conditions or in case of malfunction of the traffic counting device, recounts will not be performed for a period of one ( 1 ) year. 7. 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, stating the reason for denial. The decision of the Director is final. b. Denied requests may not be resubmitted for a period of one (1) year. c. If the street is determined to be eligible, the street will be placed on a list of streets eligible for traffic hump installation. d. Approved traffic hump requests will be installed as permi tted by the available budget. Should funds not be available, the installation will be placed on a list for up to three (3) years. F. TRAFFIC HUMP LOCATION 1. The Director will determine the final location of all traffic humps in accordance with the guidelines of this Policy and safe traffic engineering principles. 2. Traffic humps may be located in front of residences that have signed the petition. Traffic humps will not be placed in front of residences that have not signed the petition, unless the Applicant secures written permission from the affected resident. 3. Subsequent occupants of homes where traffic humps have been placed may not request their removal, except as outlined in Section G. of this. Policy. 4. The street must have adequate sight distances to safely accommodate the placement of the traffic hump as determined by the Director. S. Traffic humps will normally be placed between 200 and 600 feet apart. Other spacing may be used based upon engineering judgement. The following guidelines will be considered when determining traffic hump placement. e e, ~(Q)~V a. On single, short blocks (300 to 500 ft), a single hump positioned near midpoint is usually sufficient. b. On single blocks of moderate length (500 to 1,000 ft), a two-hump configuration is adequate. c. On long blocks (over 1,000 ft), three or more humps may be necessary. d. On lengthy continuous street segments or for humps provided over a series of blocks, interior humps may be placed 400 to 600 feet apart. e. Traffic humps shall not be located in front of a driveway or within 100 feet of an intersection. 6. Traffic humps should not be located over, or contain, manholes or storm sewer inlets or be located adj acent to fire hydrants. For humps located near drainage inlets the hump should be placed just downstream of the inlet. 7. The advantage of existing or planned street lighting should be considered when determining hump locations. . 8. Placement of no-parking signs wi thin 50 feet of traffic humps may be necessary to ensure warning signs are visible. G. TRAFFIC HUMP REMOVAL AND ALTERATION 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. A petition to remove a traffic hump may not be submitted within one year of the installation. 2. The City of La Porte may initiate removal or alteration of traffic humps with final approval by the City Council. . H. DESIGN STANDARDS AND PROCEDURES The Director shall prepare and maintain current design standards and installation procedures for traffic humps in accordance with this policy. I. REASSESSMENT The City staff will reassess this Policy on an annual basis for three years from the effective date of adoption of this policy. The first reassessment is due one year after the installation of the first traffic hump under the provisions of this policy. e e C'@'P""'V" , '. {. ," Y, . .:.D, .""~'- 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. I FURTHER AGREE THAT BY SIGNING THIS PETITION, I GIVE APPROVAL FOR THE INSTALLATION OF A TRAFFIC HUMP IN FRONT OF MY HOUSE, AS WELL AS ANY NECESSARY SIGNS AND NO-PARKING ZONES THAT MAY BE REQUIRED. Street: From: To: Number of affected homes Signature Name (print) Address and phone no. Who is the contact person ,for this request? Name: Address: Telephone: Please record all unoccupied (vacant) dwellings in the petition area. Also, note if there are any schools, parks, churches or other institutions on the street. Thank you. Return the completed petition to City of La Porte, P.O. Box 1115, La Porte, Texas 77572-1115. e e 'QUEST FOR CITY COUNCIL AGEN!ITEM Agenda Date Requested: 8/24/98 Requested By: Doua Kneupper~_ Department: Report - - Qesolution X Plannina Ordinance Exhibits: 1. 2. Ordinance Exhibit "A" - Closing Exhibit SUMMARY & RECOMMENDATION The City of La Porte has been petitioned by Mr. Bruce Angel to close, vacate, and abandon the North 5th Street Right-of-Way from West Barbour's Cut Boulevard to North "H" Street as well as remnants of alleys in Blocks 7 A and 70, Nebraska Syndicate (see Exhibit "A"). The purpose this request is to facilitate the development of a light industrial business enterprise. The Planning and Public Works Departments have reviewed the request and determined that the City has no existing or future plans for the rights-of-way in question. Addition~lIy, the City's franchised utility companies have reviewed and expressed no objection to this request. In accordance with Ordinance No. 98-2225, Staff arranged for an independent appraisal of the property in question. As a result, the fair market value of the rights-of-way has been assessed at $1.25 per square foot for a total of $65,225. The applicant has SUbsequently made payment to the City of 75% of the appraised value ($48,918.75) as per the ordinance. Recommendation Staff recommends closing, vacating, and abandoning the North '5th Street Right-of-Way and the remnants of alleys in Blocks 7A & 70, Nebraska Syndicate as shown on Exhibit "A" (attached hereto) to facilitate development of the aforementioned enterprise. Action Required by Council: Consider approval of an ordinance to close, vacate, and abandon the North 5th Street Right-of-Way from West Barbour's Cut Boulevard to North aH" Street as well as remnants of the alleys in Blocks 7A & 70, Nebraska Syndicate. Availability of Funds: N/A General Fund Capital Improvement Other . WaterlWastewater General Revenue Sharing Account Number: Funds Available: YES NO ADD roved for City Council Aaen~a ~~ T,. ~ . ,.aO.q 'b Robert T. Herrera City Manager DATE e e ORDINANCE NO. 98-2275 C(Q)~Y AN ORDINANCE V ACA TING, ABANDONING AND CLOSING A PORTION OF THE NORTH 5th STREET RIGHT-OF-WAY AND REMNANTS OF THE ALLEYS IN BLOCKS 7A AND 7D, NEBRASKA SYNDICATE, 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 owner of property abutting the hereinafter described portion of the North 5th Street Right-of-Way and remnants of alleys in Blocks 7A and 7D, Nebraska Syndicate, Harris County, Texas; to vacate, abandon, and permanently close that portion of the North Sth Street Right-of-Way and remnants of alleys in Blocks 7 A and 70, Nebraska Syndicate, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has detennined and does hereby find, detennine, and declare that the hereinafter described portion of the North 5th Street Right-of-Way and remnants of alleys in Blocks 7 A and 70, Nebraska Syndicate, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the hereinafter described portion of the North Sth Street Right-of-Way and remnants ofalJeys in Blocks 7A and 7D, Nebraska Syndicate, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the North 5th Street Right-of-Way and remnants of alleys in Blocks 7 A and 7D, Nebraska Syndicate, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Ordinance No. 9?>- .5 C., '. &" ,.~.O'V':,:' . l ~ : :. . . . '. ."' ..~ ."' 2 Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of the North 5th Street Right-of-Way and remnants of alleys in Blocks 7 A and 70, Nebraska Syndicate, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: · That portion of the North 5th Street Right-of-Way lying within and situated between a line twenty-five feet (25') north of the north right-of-way line of West Barbour's Cut Boulevard to the south right-of-way line of North "H" Street · The remnant of the alley in Block 7 A, Nebraska Syndicate lying within and situated between the north right-of-way line of West Barbour's Cut Boulevard and the south property lines of lots 13 and 20 · The remnant of the alley in Block 7D, Nebraska Syndicate lying within and situated between the south right-of-way line of North "H" Street and the south property lines of lots 6 and 27 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 shan be effective from and after its passage and approval, and it is so ordered. Ordinance No. 9~- All e 3 PASSED AND APPROVED, TmS 24th DAY OF AUGUST, 1998. C(Q)PV CITY OF LA PORTE ATTEST: BY~~~ o n L. alone, a r lj)j OA1JJn.Jl../1u (111 Martha Gillett, City Secretary .-) /~ .: ,,-,..~. 0'-' n~: J. //2(;/ U-t4 W, ~h~ Knox W. Askins, City Attorney TOTAL CLOSING AREA = 52,180 CLOSING REQUEST 48,900 SQ.1'T. NORTH "H" ST. 6 :*-~ ~();~ --... r-- r-- LO ..-- ......... ..... ..... LO o lLJ ?g ~~ d &>~ ~ ci 0:: 2. c ci 0:: 2. o ....... VI o ...J U g CLOSED (ORD. 1577) o .' ""--"" CLOSING REQUEST 2,400 SQ. FT. . I-- (f) ::::r:::: I-- -.:;:j- CLOSED (ORD. 1327) ::::r:::: I-- 0:::::: o :z: o. co N ,., ci 0:: ..s. o ....... VI o ...J U co N ...., ~ ci 0:: 8. o ....... VI o ...J U WEST BARBOUR1S CUT BLVD. CLOSING REQUEST 880 SQ. Fl'. B r:::- ..... LO o ....... VI o ...J U ~ A ~ NJ.S. o (g ~ ~ 8 e e REOUEI F()R CITY COUNCIL AGENDA r& Agenda Date Requested: August 24. 1998 Requested By: Robert T. Herrera.. City Manaier Department: Administration :xxx Report ____ Resolution _ Ordinance Exhibits: 1) 2) 3) Memorandum from John Joems, Assistant City Manager Letter from the Old ffighway 146 Committee Memorandum from Councilmember Guy Sutherland SUMMARY & RECOMMENDATION The City's Comprehensive Plan Update Team recommended City Council appoint a Steering Committee made up of La Porte citizens. The focus of this Steering Committee would be to work closely with the hired consultant (Wilbur Smith & Associates) and City staff to provide input and guidance for the community's future. One of the City's civic organizations, the Old Highway 146 Committee, has expressed an interest in this project and has requested the opportunity for one of their members to participate on the Steering Committee. Councilmember Peter Griffiths has offered to represent City Council on the Steering Committee. Councilmember Guy Sutherland has provided his recommendation for committee size and members. The City Secretary's Office will follow up with the appointed citizens to formally confirm their commitment as participants. Action Required by Council: Determine the size committee desired, agree to and appoint citizens to form a Comprehensive Plan Steering Committee, and schedule a deadline for the fint meeting. Availability of Funds: General Fund_ Water/Wastewater _ Capital Improvement_ General Revenue Sharing Other AccountNumber: N/A Funds Available: YES NO ADDroved for Citv Council Aszenda Q~ T.. ~ f..-ao-4t6 Robert T. Herrera Date City Manager e CITY OF LA PORTE e Interoffice Memorandum FROM: ~I~.\~'~~'.\' ~.a ~ 9' ""', CI, ~":::"', ~:v'\ \, . J V .... i~lp:' ~", H'-..o; ',.. ',,1 -"1_f)~~k5.: "...{;;[f.1:.Q.':l/~~ TO: Mayor and City Council Robert T. Herrera, City Manager John Joems, Assistant City Manag Doug Kneupper, Planning Director SUBJECT: Comprehensive Plan Update Consideration of Steering Committee DATE: JUly 15, 1998 The process anticipated by the consultants Scope of Work recommends the appointment of a Steering Committee by City Council to act as a focus group for public participation and community involvement throughout the plan development process. The Steering Committee should be composed of a wide cross section of the community. The final Committee size and makeup is of course up to City Council. The suggested membership includes appointees from the following areas: . Planning and Zoning Commission . City Council . Plant Managers Network . Chamber of Commerce . Board of Realtors . Main Street Association . Homebuilders Association . Neighborhood Association . LPISD, Committee person ,. Other civic organizations and local interest groups To maintain the proposed schedule it is suggested that the Committee be in place by August 15. C: Jeff Litchfield, Director of Finance I ACM e e THE OLD HIGHWAY 146 COl\lII\1IITTEE P.O. BOX 1343 HOUSTON, TEXAS 77251-1343 ?/'-' ~, W I"\..,l~ ---... 'V 'I ____.~- " l:,1" '" 'i. 1 ,/ // /' /' .r /L i \ / r / / Mayor Norman Malone The City of La Porte P.O. Box 1115 La Porte, Texas 77572-1115 Dear Mayor Malone, D1t oi//~hr RECEIVED A'uir' l~ 1 ~aqo . ~ .;.. !..;"./:) CITY SECRE.TARY'S OFFiCE We understand that the City has commissioned an update of the original master plan and has retained an engineering firm to update that plan. We understand that part of the process will include citizen input, with at least one committee of interested cit,izens. The Old Highway 146 Committee would certain'ly appreciate the opportu' to participate in this process. We would also appreciate the Council co : ering appointing one of our members to serve on that committee. Thank yo ry much for your consideration. SV/cn e City of La Porte Established 1892 August 17, 1998 To: From: Re: Bob Herrera Guy Sutherland . Comprehensive Plan Steering Committee I would like to recommend the following appointments to the above referenced committee. I think each would be excellent but have not discussed it with any of them since I believe that a well balanced membership is very important and might make it necessary to omit a deserving person. o Betty Waters - The plan must have input from the P&Z chairman. o Chester Pool - Chamber of Commerce chainnan elect~ member & former past chainnan of several boards~ an.d long time activist resident. o Bill Baclunan - Acti'\list plant manager, Director of the Chamber~ & active in the LPISD Education Foundation. o Brian Moore - Long time resident, city commission member, & businessman who is concerned \"\1th the orderly development of the city. o Lindsay Pfeiffer - Former city councilmafi:. blisinessman~ member of the civil service commission~ & long term resident "'\lith e:\"tensive f.1mily participation in ch.ic affairs. o AI Fields - Banker and city commission member. o Doug LattiIl,ler - Church Deaco~ businessman, and former city commission member. o Pat :Muston - Land appraiser and leader of the :Main Street Association. o St~ve Valerius .. Strong financial and marine experienc~. Involved in ci"ic association work especially in upgrading the quality of life in his area which will see much gro\\o1h. o Imogene Pulline - CPA involved in Main Street Association and the city library. o Mary Gay - Civic activist and wife of city councilman. o Gary Wiggington - Past chairman of the Chamber of Commerce and activist plant manager who is e:\1remelyfamiliar ~ith our city. P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 e e I advocate a fifteen member steering committee of people who will put forth the time and energy to develop a good long range plan and will attend all of the meetings necessary for its development. r believe those listed above will do this. The Planning Director would normally be a member but Doug Kneipper has not served in that position long enough to interface strongly with these key community leaders and he has the added disadvantage of not being a city resident. To me it seems that Louis Rigby would be the best representative from your staff. I think Betty Waters would be the best choice for chairman and that the ma~um amount of objectivity would result if no elected officials were members. '~ts e 0"' e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Au ust 24 99 Requested By: Ste hen l. Barr XX Report Resolution epartment: Parks & Recreation Exhibits: 1. Proposed Amendment to an Agreement between the City of La Porte, Texas, and Harris County, Texas; regarding the Sylvan Beach Fishing Pier SUMMARY & RECOMMENDA nON On April 12, 1994, the City of La Porte entered into an agreement with Harris County, Texas to rebuild and operate a Fishing Pier at Sylvan Beach Park. In the original agreement, an escrow fund was established, funded by the City and County shares of generated revenues, to cover the cost to rebuild the fishing pier, should there be a catastrophic event such as a hurricane. This escrow fund was set at $60,000. Since the original agreement was approved in 1994, the City and County have both contributed toward a lighting system, which increased the cost of pier replacement, should it become necessary in the future. The City approached the County regarding an increase in the base escrow amount to better reflect replacement costs for the pier. The proposed amendment increases the escrow amount from $60,000 to $150,000 to meet that potential need. In anticipation of approval of this amendment, funds have been allowed to increase in the escrow fund, and to date, the amount currently exceeds $100,000. Should Council or Commissioner's Court choose not to approve this proposed amendment, the escrow would continue at the $60,000 level, plus Texas Average Consumer Price Index values, as provided in the agreement, and the remainder would be divided equally between the City and County. Staff Recommendation: Staff recommends that the proposed amendment be approved by City Council and forwarded to Harris County Commissioner's Court for 'consideration. Action Required by Council: Consider approval of the proposed Amendment to the Lease Agreement between City of La Porte, Texas, and Harris County Texas regarding Sylvan Beach Fishing Pier Availability of Funds: General Fund _ Capital Improvement XX N/A Account Number: Approved for City Council Aaenda WaterlWastewater _ General Revenue Sharing Funds Available: YES NO G<~ T. ~ Robert T. Herrera City Manager ~.,~-'1cb Date e e " ".~'MENDMENT TO LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF HARRIS 9 9 9 ~.-.., (Q),"~'P"V'...,;" . . . , . , . .. THIS AMENDMENT TO LEASE AGREEMENT, made and entered into pursuant to V.T.C.A., Government Code 9791.001 et. seq. (the Interlocal Cooperation Act) by and between HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter sometimes called "the County", and the CITY OF LA PORTE, a municipal corporation under the laws of the State of Texas, hereinafter sometimes called "the City"; WIT N E SSE T H: WHEREAS, on or about April 12, 1994, the County and the City entered into a Lease Agreement for the construction, operation and maintenance of the fishing pier at the Sylvan Beach Park, hereinafter called "Lease Agreement"; and WHEREAS, pursuant to the Lease Agreement, the City maintains an escrow account which is to be used to pay for the repairs to the pier and for restoration of the pier in the event of damage or destruction to the pier; and WHEREAS, the balance in the escrow account is an amount that produces buying power equivalent to $60,000.00 in the year 1993; and WHEREAS, the cost of replacing the pier appears to be in excess of the equivalent of $60,000.00 in 1993; and WHEREAS, the parties desire to increase the balance in the escrow account to an amount that produces buying power equivalent to $150,000.00 in the year 1998, and to require the purchase of insurance by the City to cover any deficiency in such account; NOW, THEREFORE, the County and the City, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: I The portion of Paragraph IV of the Lease Agreement, which reads as follows: "(a) City will establish an escrow account, into which City shall deposit two thirds (2/3) of all gross receipts from patrons using the pier. The purposes of this escrow account is to establish a self-insured fund for the future repairs to the pier, or for restoration of the pier in event of damage or destruction to the prior, either from natural or other causes, which repairs and restoration the City shall perform. City will continue to deposit, into the escrow account, two thirds (2/3) of all gross receipts from patrons using the pier, until the escrow account reaches a balance in an amount that produces buying power equivalent to $60,000.00 in the year 1993, said balance being hereinafter called 'the $60,000.00 equivalent'. During the term of this agreement, the $60,000.00 equivalent, as used herein, shall mean an amount that would produce buying power equivalent to $60,000.00 based on the change, if any, in the Houston, Texas, Average Consumer Price Index - All Urban Customers ("CPI-U"). The calculation of the increase, if any, is set forth in subparagraph (f) below. In the event the balance in the escrow account falls below the $60,000.00 equivalent, the City shall promptly commence depositing two-thirds e e Ci' COO',:: fFD'"p" Y"'..,-.' 'L '. .... . . . . .;'" . :"" . (2/3) of all gross receipts into said escrow account so as to increase the balance to the $60,000.00 equivalent. After the escrow account reaches a balance of the $60,000.00 equivalent, the City shall pay to County one-third (113) of the gross receipts, as hereinafter defined. On or before the tenth (10th) day of January, April, July, and October, during the tenn of this Agreement, the City shall compute and pay to the County, without demand, at the Office of the County Treasurer, the County's one-third (113) portion of the gross receipts which are not required to be deposited by City into the escrow account, covering the immediately preceding three month period. City shall accompany each payment with a sworn statement, certifying as true and correct, the amount of gross receipts collected pursuant to this Agreement for the immediately preceding three month period." is hereby amended to read as follows: "(a) (1) For the period commencing on April I, 1994 and ending on August 31, 1998, City will establish an escrow account, into which City shall deposit two thirds (2/3) of all gross receipts from patrons using the pier. The purposes of this escrow account is to establish a self-insured fund for the future repairs to the pier, or for restoration of the pier in event of damage or destruction to the prior, either from natural or other causes, which repairs and restoration the City shall perform. City will continue to deposit, into the escrow account, two thirds (2/3) of all gross receipts from patrons using the pier, until the escrow account reaches a balance in an amount that produces buying power equivalent to $60,000.00 in the year 1993, said balance being hereinafter called 'the $60,000.00 equivalent'. During the tenn of this agreement, the $60,000.00 equivalent, as used herein, shall mean an amount that would produce buying power equivalent to $60,000.00 based on the change, if any, in the Houston, Texas, Average Consumer Price Index - All Urban Customers ("CPI-U"). The calculation of the increase, if any, is set forth in subparagraph (f) below. In the event the balance in the escrow account falls below the $60,000.00 equivalent, the City shall promptly commence depositing two-thirds (2/3) of all gross receipts into said escrow account so as to increase the balance to the $60,000.00 equivalent. After the escrow account reaches a balance of the $60,000.00 equivalent, the City shall pay to County one-third (113) of the gross receipts, as hereinafter defined. On or before the tenth (loth) day of January, April, July, and October, during the tenn of this Agreement, the City shall compute and pay to the Coun,ty, without demand, at the Office of the County Treasurer, the County's one-third (1/3) portion of the gross receipts which are not required to be deposited by City into the escrow account, covering the immediately preceding three month period. City shall accompany each payment with a sworn statement, certifying as true and correct, the amount of gross receipts collected pursuant to this Agreement for the immediately preceding three month period. (a) (2) For the period commencing September I, 1998 and ending March 31,2026, City will establish an escrow account, into which City shall deposit two thirds (2/3) of all gross receipts from patrons using the pier. The purposes of this escrow account is to establish a self-insured fund for the future repairs to the pier, or for restoration of the pier in event of damage or destruction to the prior, either from' natural or other causes, which repairs and restoration the City shall perform. City will continue to deposit, into the escrow account, two thirds (2/3) of all gross receipts from patrons using the pier, until the escrow account reaches a balance in an amount that produces buying power equivalent to $150,000.00 in the year 1998,- said balance being hereinafter called 'the $150,000.00 equivalent'. During the tenn of this agreement, the $150,000.00 equivalent, as used herein, shall mean an amount that would produce buying power equivalent to $150,000.00 bases on the change, if any, in the Houston, Texas, Average Consumer Price Index - All 2 e. e (Co. p.' v ~ . . . . ~~ : , . - . ~ ," . ;. l.I' ~. .:'",~, . . . Urban Customers ("CPI-U"). The calculation of the increase, if any, is set forth in subparagraph (t) below. In the event the balance in the escrow account falls below the $150,000.00 equivalent, the City shall promptly commence depositing two-thirds (2/3) of all gross receipts into said escrow account so as to increase the balance to the $150,000.00 equivalent. After the escrow account reaches a balance of the $150,000.00 equivalent, the City shall pay to County one-third (1/3) of the gross receipts, as hereinafter .defined. On or before the tenth (10Ih) day of January, Ap.ril, July, and October, during the tenn of this Agreement, the City shall compute and pay to the County, without demand, at the Office of the County Treasurer, the County's one-third (1/3) portion of the gross receipts which are not required to be deposited by City into the escrow account, covering the immediately preceding three month period. City shall accompany each payment with a sworn statement, certifying as true and correct, the amount of gross receipts collected pursuant to this Agreement for the immediately preceding three month period." II The portion of Subparagraph (f) of Paragraph IV of the Lease Agreement, which provides as follows: "(t) On each anniversary date of this agreement, the $60,000.00 equivalent will be adjusted by multiplying $60,000.00 by a fraction, the numerator of which is the CPI-V for the immediately preceding calendar year, and the denominator of which is the CPI-U for the year 1993. The resulting number shall be the $60,000.00 equivalent for the year commencing on said anniversary date. In the event the Consumer Price Index is discontinued, the Consumer Price Index shall thereafter mean such index of prices published by the U.S. Government as most nearly approximates the Consumer Price Index now published." is hereby amended to read as follows: "(f) (I) On each of the first four anniversary dates of this agreement, the $60,000.00 equivalent will be adjusted by multiplying $60,000.00 by a fraction, the numerator of which is the CPI-U for the immediately preceding calendar year, and the denominator of which is the CPI-U for the year 1993. The resulting number shall be the $60,000.00 equivalent for the year commencing on said anniversary dates. In the event the Consumer Price Index is discontinued, the Consumer Price Index shall thereafter mean such index of prices published by the U.S. Government as most nearly approximates the Consumer Price Index now published. (f) (2) On the 51h through and including the 31 SI anniversary dates of this agreement, the $150,000.00 equivalent will be adjusted by multiplying $150,000.00 by a fraction, the numerator of which is the CPI-U for the immediately preceding calendar year, and the denominator of which is the CPI-U for the year 1998. The resulting number shall be the $150,000.00 equivalent for the year commencing on said anniversary dates. In the event the Consumer Price Index is disc~:>ntinued, the Consumer Price Index shall thereafter mean such index of prices published by the U.S. Government as most nearly approximates the Consumer Price Index now published." III The last sentence in Paragraph XIII of the Lease Agreement, which reads as follows: 3 .. ..' ~ e e C(Q)[PV "At all times during which the balance of funds in the escrow account is an amount less than the $60,000.00 equivalent, the City shall also maintain fire and extended coverage insurance in an amount sufficient to cover the cost of materials and labor to rebuild the pier in the event of damage or destruction of same, either from natural or other causes." is hereby amended to read as follows: "F or the period commencing on April I, 1994 and ending on August 31, 1998, in which the balance of funds in the escrow account is an amount less than the $60,000.00 equivalent, the City shall also maintain fire and extended coverage insurance in an amount sufficient to cover the cost of materials and labor to rebuild the pier in the event of damage or destruction of same, either from natural or other causes. For the period commencing September 1, 1998 and ending March 31, 2026, in which the balance of funds in the escrow account is an amount less than the $150,000.00 equivalent, the City shan also maintain fire and extended coverage insurance in an amount sufficient to provide, when added to the balance in the escrow account, a total of the $150,000.00 equivalent, for the cost of materials and labor to rebuild the pier in the event of damage or destruction of same, either from natural or other causes." IV An other terms and provision of the Lease Agreement remain in full force and effect as originally written. EXE~UTED this & (~ day of 6 ~. -&k , 1998. APPROVED AS TO FORM: MICHAEL P. FLEMING . County Attorney HARRIS COUNTY " ...~. By .~,?,&~y WILLIAM R. BR ERE Deputy Division Chief (/LAPORTE 1 81,460 8/10/9812:58 PM , ~ By R ATTEST: CITY OF LA PORTE COUNTERSIGNED: B~~ // APPROVED ~ TO FORM: /,; ~-- '" // ~ / ..., ,. / By: ,O:c?d tv' ~~ KNOX. W. ASKINS, City Attorney ~OvJ4 il1J1~ M THA GILLETT,. ity Secretary Q~~ \. ~ . . ROBERT HERRERA, City Manager 4 e e 0~O~' f{S;)~ . ~~u '[/ ORDER AUTHORIZING EXECUTION OF AMENDMENT TO LEASE AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ On this the {; t~ day of () l.fv?u.V- , 1998 the Commissioners Court of Harris c08ty, Texas, sitting as the governing body of Harris ~ounty, upon motion of Commissioner --::tIe uS'~. , seconded by Commissioner L.P..e-:- , duly put and carried, IT IS ORDERED that County Judge Robert Eckels be, and he is hereby authorized to execute an Amendment to Lease Agreement between HARRIS COUNTY and the CITY OF LA PORTE in connection with the fishing pier at Sylvan Beach Park, said Amendmerit to Lease Agreement being incorporated herein by reference and made a part hereof for all intents and purposes as if set out in full word for word. Presented to Commil:sil)!l~rs' CO! 'rt OCT 0 0 1998 APPROVE Recorded Vo/_Page_ e e REWJ FOR CITY COUNCIL AGE~DA ITEM. Agenda Date Requested: Auaust 24. 1998 Requested By: Exhibits: Louis Riabv Department Administrative Services Bid Tab Summary SUMMARY & RECOMMENDATION The City of La Porte is partially self insured for medical benefits for employees and their dependents. We use a third party administrator (TPA) to administer this benefit. When the City first became partially self-insured, a company called James Benefits was utilized as the TPA. Through the years, the name changed several times and most recently was called First Health. Late 1997, the company was sold and the new company's policy was to not work for any customer with an employee base of less than 500. Our contract was sold to a company called "The TPA" in Maitland, Florida, and they have been our administrators since February of this year. To ensure that the City was receiving the best benefit for its employees, a consultant was hired in April of this year to fonnulate a request for proposal and test the market. Additionally, our employees have had numerous customer service related problems with the new company, and although they submitted a proposal, they were not considered. The RFP was sent to twenty-eight (28) companies that offer administration, stop loss insurance, and/or group life insurance, and a total of eleven (11) responded, six (6) of which were third party administrators. After an initial evaluation, three companies were chosen for site visits: ASO North America in Houston, Boon-Chapman"in Austin, and the TML Group Benefits Pool, also in Austin. Each company was asked to provide a tour of their facility and the same questions were asked of each. All three have current clients that have given them favorable references. ASO North America is a fair1y new company that employs a number of former First Health employees. Boon-Chapman is a privately owned company that has been in this business for thirty-one (31) years. TML is part of the League's Group Benefits Pool that is a subsidiary of the Texas Municipal League. Any of the three would support the City's mission to provide the best possible benefit to our employees. Current, estimated recurring fees with "The TPAi' are $208,892. First year estimates from the three vendors are: TML- $68,617, ASO - $66,552, and Boon-Chapman - $76,634. These costs will be paid from the medical fund account, and sufficient funds are available. Staff is recommending that Council authorize the City Manager to negotiate a contract with TML-Group Benefits Pool, for third party administration of the City's medical plan. We have a good relationship with TML, both with the League itself, and the Intergovemmental Risk Pool, which administers our property, liability, and workers' compensation insurance. Their administration costs are also reduced the second year. Action Required by Council: Authorize City Manager to negotiate a contract with TML-Group Benefits Pool, to administer the City's medical plan. Availability of Funds: General Fund _ Capital Improvement ...!.... Other WaterlWastewater _ General Revenue Sharing Account Number: 01~144-515-5011 Funds Available: ---1L Yes No Approved for City Council Aaenda G<okJ. L~ Robert T. Herrera City Manager ~ ' aa- ~ C6 Date " - e City of La Porte Healthcare Administration ....... Fe. Comparison The lPA (CUnWll & AeMWaI ASO North America !!!!!!l:. !!!. CI8ha Admin: The TPA . AdmIn: N!IJ NA CIIIIrns Admin: TML CIaIm8 Admin: Boon-Chepman UtlI. RevIew: FIr8t Health. . Review: N!IJ NA UtII. ReIIIew: TML utll. RevIew: Clplt&l HeGIth. PPO Nelwortc AffordabIeJFH PPO Nelwork: BeechStreet PPO NetwDrk: TML PPO Netv.orIc: HHPO - R80untnQ MamItI FfIea: JIonIIaIy Fees: R8oUn1ng MontIJIt Fen: MonthIt Feel: ClA0514.eo .. . &2.788.00 CIA 0 110.10 (1) = 53,486.00 CIA. $11.40 = 53,844.00 UIR 0 12.30 c: .. $882.00 UIR II '1.75 .. .$e06.oo UIR" $2.00 - 1882.00 PPO 0 3Ol)6 .. '1,211.00 PPOO$1.86 .. $840.00 PPO 0 13.60 . .1,211.00 of&Mnge (1: · Ava. Mo. Fee e: . I0Io. Fee .. . ....741.00 . Mo. Fee .. $6.847.00 0IheI' Feel: other Feefr. Malnt. Fee ;; .. .. None ~ Fee .. None Set~ Fee: Set-up Fee: Set~ Fee: Run-in ;; $7,600.00 n-in CIa 3.596 Pd.CIms ;; 111,125(1) Run-lnQ$1D1am a 56,000.00 .. $2,000.00 rHn 581up II Ncne Run-In setup .. '1,470.00 .. TataI AnnuaIImI DtaI Annualized TateI Annualizlld 15tVear .. see.552.oo 1st Vear .. SS8.817.OO 1. Yeer a S78.834.oo Total Annualized 0l8I Annuallzsd btaI Annualized 2nd V.. . .. 185.480.00 2nd Year (2) . S58.892.00 2nd Y.... (1) .. 570.184.00 otaI Annuellzed .. S87.099.00 3rd Year (2) .. S74.902.oo Nct8s: (1) on mostr'8Cll1t Not..: (1) 2nd yffilt 0 $9.88 CIA. Nd8&: (1) $1,340,000 @ 2596 x 3.61)6. (1) 2nd y.r nD pranlee. 8 month, ecIuaI. (2) 3rd ,.. 0 $10.27 CIA. (2) 2 J88I" ... guarIII1IM. . (2) Not 110 a:eed 10C16. (2) No 2nd year reD BJ1d UIR CD $2.15 both gua ea. Bated an: 1M stage 211 FemIv 348 Employees Run-In aams: 600 The WelclJ Comoan' ~ ~ ~ ~ ~ en ~ ! ..! '-D I'i ..! r- .. ~ i 8 ~ ~ .. ~ .- . - . _. . . . - e .e . - . . . e . e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 8/24/98 Requested By: 1. L. Sease 1/f Department: Fire X Report _ Resolution _ Ordinance Exhibits: Bidder List Memo From Susan Kelly, Purchasing Agent SUMMARY & RECOMMENDATION Advertised, Sealed Bids #0744 - Light Rescue Truck were opened on August 4, 1998. Bid requests were mailed to eight (8) vendors with one (1) returning a bid. This truck will replace Unit 51 25 a 1978 fire truck built on a Dodge one ton chassis. The only bid was submitted by Hackney Rescue in the amount of $85,946.00. After reviewing the one bid and meeting with the Vendor a remote electrical junction box with mounting bracket was removed from the bid in the amount of$338.00 Other potential bidders contacted, stated they either did not have time to bid or were really not interested in bidding this small a unit. Action Required by Council: Recommend that Council approve awarding the bid to Hackney Rescue in the amount of$85p08. This is the bid amount of$85,946.00 less $338.00 for the electrical junction box. Availability of Funds: General Fund WaterlWastewater _ Capital Improvement_ General Revenue Sharing X Other - Vehicle Replacement Account Number: 009-505 t..522-8050 Funds Available: X YES NO Approved for City Council Ae:enda G?~ 1'-~ Robert T. Herrera Date City Manager ~. r. e e BIDDER'S LIST SEALED BID #0748 - LIGHT RESCUE TRUCK CASCO INDUSTRIES 1014 ANN STREET PASADENA, TX 77506 EMERGENCY VEHICLE INC PO BOX 12713 LAKE PARK, FL 33403 FOUR ALARM FIRE EQUIPMENT PO BOX 448 SOUTH HOUSTON, TX 77587 ROAD RESCUE INC. 1133 RANKIN STREET ST. PAUL, MN 55116 SALISBURY FIRE APPARTUS PO BOX 690 TULLEY, NY 13159 SUPER VAC MFG. INC PO BOX 87 LOVELAND, CO 80539 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 BA YSHORE SUN PUBLISH DATES: JULY 19, 1998 JULY 26, 1998 e e CITY OF LA PORTE INTEROFFICE MEMORANDUM AUGUST 4,1998 FROM: JOE SEASE, FIRE CHIEF SUSAN KELLEY, PURCHASING AGENT JIe. SEALED BID #0744 - LIGHT RESCUE TRUCK TO: SUBJ: Advertised, Sealed Bids #0744 - Light Rescue Truck were opened and read on August 4, 1998. Bid requests were m~i1ed to six (6) vendors with one (1) returning a bid. The only bid was submitted by Hackney Rescue in the amount of $85,946.00. 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 Tabulation Bidder's List Bid Copies e MEETING HANDOUTS e e e BIOGRAPHY: STEVE VALERIUS Steve Valerius is Executive Vice President of Hollywood Marine, Inc., one of the largest tank barge companies in the United States, whose headquarters are located in Houston. He has been employed with the Company for 20 years in various capacities. Steve is a graduate of the University of Texas at Austin, with a degree in Accounting and is a Certified Public Accountant. He also holds a .I..D. degree from tt:1E:~ South Texas College of Law in Houston. Steve has lived in the Houston area for the past 25 years, and is married to Marcia Harris Valerius. They have lived in La Porte for the past nine years. Steve is active in numerous marine industry organizations, having served on the Board of Directors of the American Waterways Operators Association, Texas Waterway Operators Association, and Louisiana Association of Waterway Operators~ He was Advisory Director of La Porte State Bank and serves on the General Land Office Oil Spill Commission. In May 1994, Steve was named "Maritime Man of the Year" by the Houston Propeller Club. Steve is also active in several charitable and n()n-profit organizations in the area includilJg the Galveston Bay Foundation where he serves as past G~airman on the" Executive Committee. He is Director of the Coastal Conservation Association of Texas (Houston Chapter), and he is an Advisory Director of the Nature Conservancy. He is on the Executive Committee of The Old Highway 146 Committee in La Porte and is a member of the La Porte Chamber of Commerce. Personal Data Age: Date of Birth: 43 December 5, 1954 10- -/' '" .e CITY OF LA PORTE -- 1111!!!~l!l~i!l~i!l!i!ili!ii:!iil~illllll!fililll(!!I(l!liji!l~i!II':llllllilll~lrjIlJiillliilrlj!jl August '24, 1998 TO: Mayor and City Council FROM: ~ ~~~:a, City Manager Citizen Volunteer - Comprehensive Plan Steering Committee SUBJECT: Mr. Fred Young, the individual on the attached business card, came by my office on Friday, August 21, 1998. Mr. Young volunteered his services for the Steering Committee that will be working with the Comprehensive Plan. Mr. Young writes engineering software programs. He asked that I send his name to you. RTII:cjb Attachment c John Joems Doug Kneupper I ~.. '" .' e e r3 CON TEe H Process Automlltion Services Engineering. MlIintenanee & Construction Fred Young ID'1'~ S1tcU 1J....r la")""o'~~l Conteeh Engineering. Inc. P.O, Box 923 La Pone. TX 77572-0923 :!81-471-8010 Fax 281-471-8065 yfred@contcchnel.com e e RECOMMENDATION FOR COMPREHENSIVE PLAN STEERING COMMITTEE Zoning Board Betty Waters Jim Zoller Industry Gary Wiggington Doug Mathera Jan Lawler Jo Davis Citizen Steve Valerius Barry Beasley Spiro Pomonis Pete Guarino Martha Love Chamber of Commerce Colleen Hicks School Personnel to be selected by Dr. John Sawyer Small business Greg Sills Lisa Cook David Brady Frank Fidelibus Alan Ward Banker Al Fields Leonard Hein City Planning Doug Kneupper Chuck Engelkin Peter Griffiths Alton Porter Council ~. Dupont Arco Solvay Dupont Hollywood Marine Southwestern Bell Retired Retired Pharmacist Retired Educator Mr. Mercury La Porte Hardware Insurance Insurance Self Employed Bayshore La Porte Baytown West Side At Large A At Large B