HomeMy WebLinkAbout1999-08-24 Regular Meeting of City Council
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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
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City Council Minutes - August 24, 1998
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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.
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City Council Minutes ~ August 24, 1998
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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.
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City Council Minutes - August 24, 1998
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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
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City Council Minutes - August 24, 1998
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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.
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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.
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIR MONT PARKWAY
P.O. BOX 121B
LA PORTE. TEXAS 77572-1218
CO'p.':"y",
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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
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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.
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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.
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Section 2. DEFINITIONS. For the purposes of this Franchise the following terms,
phrases, words, abbreviations and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include the future tense, words in the
plural number include the singular number, and words in the singular number include the plural
number. The headings contained in this Franchise are to facilitate reference only, do not form a
part of this Franchise, and shall not in any way affect the construction or interpretation hereof.
Terms such as "hereby", "herein", "hereof", "hereinafter", "hereunder", and "hereto", refer to this
Franchise as a whole and not to the particular sentence or paragraph where they appear, unless the
context otherwise requires. The 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
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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.
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"Converter" shall mean an electronic device which converts signals to a frequency not
susceptible to interference within the television receiver of a Subscriber and which, by an
appropriate Channel selector, also 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
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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.
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"Street" shall mean the surface or the space above and below any public street, road,
highway, alley, bridge, sidewalk, or other public place or way now or hereafter held by the City for
the purpose of public travel and shall include other easements or rights-of-way now held or
hereafter held by the City which shall, within their proper use and meaning, entitle the City and the
Grantee to the use thereof for the purposes of installing or transmitting Cable System transmissions
over poles, wires, cables, conductors, conduits, manholes, amplifiers, appurtenances, attachments,
and other structures, equipment, and facilities as may be ordinarily necessary and pertinent to the
Cable System.
"Subscriber" shall mean any Person within the City who lawfully receives any Cable
Service delivered by the Cable System.
Section 3. GRANT OF AUTHORITY. 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
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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.
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2. Right of Inspection of Records. The Director shall have the right to inspect the
Grantee's records to determine whether the payments to the City have been computed properly, and
to audit and recompute any and all amounts paid under this Franchise. Said audits shall be
conducted no more often than annually, and the audit period shall not be any greater than the
previous three (3) years. The Director shall give thirty (30) days written notice to Grantee of any
such inspection, including a list of documents and records desired for review. Grantee shall provide
access to such documents and records at a local area office. No acceptance of payment shall be
construed as a release or as an accord and satisfaction of any claim the City may have for further or
additional sums payable under this Franchise or for the 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.
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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
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actions taken by the Grantee in response thereto;
(viii) compliance with the FCC customer service standards; and/or
(ix) a statement as to whether there has been any substantial change from
information or plans previously provided to the City.
C. At any such hearing, the Grantee shall be entitled to all the rights of due
process consistent with the City procedures, including but not limited to, the right to present
evidence and the right to be represented by counsel.
D. Unless specifically waived by the City Council, attendance of the Grantee's
duly authorized representative at these public hearings shall be mandatory.
E. City Council shall hear any interested Persons during such hearings and
shall determine whether Grantee did reasonably comply with the 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.
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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
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periodically to Subscribers pertaining to the availability of parental control devices.
5. Standard of Care. Consistent with the Cable Act, the Grantee shall at all times
employ a reasonable standard of care and shall install, maintain and use approved methods and
devices for preventing failures or accidents which are likely to cause damage, injury or nuisance to
the public.
6. No Obscenity. Cable Services that are obscene and not 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
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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
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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
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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
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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,
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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,
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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:
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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.
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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:
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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
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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,
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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
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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");
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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.
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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
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, 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.
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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.~:~; "
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'/\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:
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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
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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.
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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'~
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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
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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.
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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
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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
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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
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ORDINANCE NO. 98- 2273
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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
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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
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! '. _~ -z;) ?d:~
.......Knox W. Askins
city Attorney
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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
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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
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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
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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
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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
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Knox W. Askins
City Attorney
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EXHIBIT A
CITY OF LA PORTE
TRAFFIC HUMP POLICY
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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.
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"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.
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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
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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.
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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.
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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.
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C'@'P""'V"
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{. ," 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.
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'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,. ~
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Robert T. Herrera
City Manager
DATE
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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
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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
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PASSED AND APPROVED, TmS 24th DAY OF AUGUST, 1998.
C(Q)PV
CITY OF LA PORTE
ATTEST:
BY~~~
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Martha Gillett, City Secretary
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Knox W. Askins, City Attorney
TOTAL CLOSING AREA = 52,180
CLOSING REQUEST
48,900 SQ.1'T.
NORTH "H" ST.
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CLOSING REQUEST
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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
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CITY OF LA PORTE
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Interoffice Memorandum
FROM:
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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
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THE OLD HIGHWAY 146 COl\lII\1IITTEE
P.O. BOX 1343
HOUSTON, TEXAS 77251-1343
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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
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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
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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
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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
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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
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"
".~'MENDMENT TO LEASE AGREEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
9
9
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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
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(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
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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
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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
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By .~,?,&~y
WILLIAM R. BR ERE
Deputy Division Chief
(/LAPORTE 1 81,460 8/10/9812:58 PM
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By
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ATTEST:
CITY OF LA PORTE
COUNTERSIGNED:
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APPROVED ~ TO FORM: /,;
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By: ,O:c?d tv' ~~
KNOX. W. ASKINS, City Attorney
~OvJ4 il1J1~
M THA GILLETT,. ity Secretary
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ROBERT HERRERA, City Manager
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ORDER AUTHORIZING EXECUTION OF AMENDMENT TO LEASE
AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE
THE STATE OF TEXAS ~
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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_
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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
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Date
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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'
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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
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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
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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
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MEETING HANDOUTS
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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-
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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
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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
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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
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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