HomeMy WebLinkAbout2001-10-22 Regular Meeting and Public Hearings
e
e
.
.
.
e
e
MINUTES OF THE REGULAR MEETING
AND PUBLIC HEARINGS OF LA PORTE CITY COUNCIL
OCTOBER 22, 2001
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Peter Griffiths, Alton Porter, James Warren, Charlie Young, Jerry Clarke,
and Norman Malone.
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: City Manager Robert T.
Herrera, City Attorney Knox Askins, Assistant City Manager John Joerns, City Secretary
Martha Gillett, Assistant Finance Director Mike Dolby, Director of Administrative
Services Carol Buttler, Parks and Recreation Director Stephen Barr, Public Works
Director Steve Gillett, Purchasing Manager Susan Kelley, Planning Director Doug
Kneupper, Assistant Police Chief Aaron Corrales, Planning Coordinator Masood Malik,
and Police Officers Lance Cook, David Huckabee and Jerome McKown.
Others Present: Bill Scott, Bill White, Roy Myers, Dan Dompier, Joeena Davis, Dave
Turnquist, George Marek, Nickol Conklin and a number of citizens.
2. Reverend Ron Burnett of Victory Tabernacle delivered the invocation.
3. Council considered approving the minutes of the Regular Meeting on October 8, 2001.
Motion was made by Councilperson Engelken to approve the minutes of the Regular
Meeting on October 8. 2001 as presented. Second by Councilperson Sutherland. The
motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Warren, Young, Clarke, and Malone.
Nays: None
Abstain: Griffiths
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
T AXP AYERS WISHING TO ADDRESS COUNCIL
The following citizens addressed City Council.
Dave Turnquist - 8503 Ashwyne Lane, La Porte, Texas 77571, addressed Council
concerning ideas suggested by his students, regarding issues in La Porte, to provide a
forum of young people within our town to discuss and share ideas to help make La Porte
a better place. Mr. Turnquist presented handouts for Council.
e
e
City Council Minutes 10-22-01 - Page 2
Paul Larson - 406 4th Street, La Porte, Texas 77571, provided Council with a handout.
He informed Council that Habitat for Humanity is a good program, and informed Council
that he would like to purchase lots where proposed homes are to be built. He feels that he
was not given due process in bidding with the City of La Porte on these lots. Mr. Larson
requested that Item Number 15 on Agenda, regarding Habitat for Humanity, be put on
hold until all the information is processed.
Bill Scott of 1802 Lomax School Road, La Porte, Texas 77571, presented the attorney
salary differentials of Deer Park and La Porte. Mr. Scott noted Deer Park is one-third
less than La Porte. After his last presentation, he has not received answers to his requests
. Mr. Scott provided Council with his phone number so they would be able to contact
him. He went on to present differentials of La Porte and other cities across the country.
Again, he asked the Council to respond to his query. He did receive a response from his
Councilperson, and noted they are in agreement.
Nazar Momin of904 W. Barbours Cut Boulevard, La Porte, Texas 77571, is hosting a
luncheon for the firefighters and police officers the first or second week in November at
the Port Cafe. The details are to be worked out with the Police Chief and Fire Chief.
5. PROCLAMA nONS
Mayor presented Joeena Davis with the "Bulldog Week" Proclamation. Two of La
Porte's football players presented Mayor with shirts.
Mayor presented students, Chase Cickorz, Jahmel Lewis, and Trey Armstrong with the
"White Cane Safety Day" Proclamation. Attending with the students was Instructor,
Jodie Kramer, and Teacher, Colleen Davis.
6. PRESENT A nONS
Bill White presented David Huckabee with the Police Officer of the Year Award.
Senator Mike Jackson presented a Proclamation from the Texas Senate.
7. Open Public Hearing - Mayor Malone opened the Public Hearing at 6:40 PM.
Review by Staff - Doug Kneupper presented summary and recommendation of Planning
and Zoning Commission regarding rezoning request from Neighborhood Commercial
(NC) to Planned Unit Development (PUD) to provide the appropriate zoning to develop
an office park.
Real Estate Broker Dan Dompier of ReMax, answered Council's questions regarding the
office park development.
Recommendation of Staff - Mr. Kneupper recommended the city change zoning to
de~elop office park.
Mayor Malone closed the Public Hearing at 7:06 PM.
e
e
City Council Minutes 10-22-01 - Page 3
8. Council considered approving an ordinance amending the Code of Ordinances of the City
of La Porte, Chapter 106, more commonly referred to as the Zoning Ordinance of the
City of La Porte, by changing the zoning classification of a certain parcel of land
(Oid.1501-SS).
Planning Director Doug Kneupper presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 1501-SS - AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF
LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF THAT CERTAIN
PARCEL OF LAND HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Engelken to approve Ordinance 1501-SS as
presented by Mr. Kneupper. Second by Councilperson Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
9. Open Public Hearing - Mayor opened the Public Hearing at 7:06 PM.
Review by Staff - City Secretary Martha Gillett presented summary and recommendation
regarding an ordinance approving a variance for a wine and beer permit.
Public Input - There was no public input.
Recommendation of Staff - Ms. Gillett recommended the approval of the ordinance.
Mayor closed the Public Hearing at 7:12 PM.
10. Council considered approving an ordinance authorizing a variance for a wine and beer
permit (Ord.l000-l-J). City Secretary Martha Gillett presented summary and
recommendation and answered Council's questions.
City Attorney read: ORDINANCE 1000-I-J - AN ORDINANCE OF THE CITY OF
LA PORTE, TEXAS, GRANTING A VARIANCE TO CHAPTER 6, SECTIONS 6.2
AND 6.3 AND AMENDING CHAPTER 6, SECTION 6-78 OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, BY PERMITTING THE SALE AND
CONSUMPTION OF BEER AND/OR WINE AT A RESTAURANT LOCATION
SITUATED WITHIN 300 FEET OF A PUBLIC SCHOOL AND SITUATED ON CITY-
OWNED PROPERTY AND BY ADDING AN AREA AT A RESTAURANT
LOCATION SITUATED WITHIN 300 FEET OF A PUBLIC SCHOOL AND
SITUATED ON CITY-OWNED PROPERTY AND BY ADDING AN AREA AT A
e
e
City Council Minutes 10-22-01- Page 4
RESTAURANT WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE
PREMISES MAY BE SOLD; FURTHER PROVIDING A SAVINGS CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Councilperson Clarke to approve Ordinances 1 OOO-l-J as presented
by Ms Gillett. Second by Council person Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
11. Council considered approving an ordinance regarding a resolution committing to
participate with H-GAC Energy Purchasing Corporation (Res.200l-l4).
City Manager Robert Herrera presented summary and recommendation and answered
Council's questions. Following is partial transcription from the recording of the Council
Meeting:
City Manager Robert Hererra thanked the Mayor and Council. As you may recall, May
8, the Council authorized the City of La Porte to participate and join the H-GAC Energy
Purchasing Corporation by adopting a resolution. That resolution allowed the City of La
Porte, along with other cities to visit with H-GAC to pool our resources and pool our
aggregate needs for electrical power so that they could go out and negotiate through a bid
process, eventually with a customer to provide electrical services to everyone who joins
this particular setting. H-GAC, in my opinion, has done a tremendous job in taking care
of the needs of the cities by providing us with this service. They did hire the attorneys,
they did hire the engineers and the architects to help put this together where it would
make sense for municipalities like the City of La Porte.
At this point and time, the initial apprizing purpose that we believe may come about will
fall between 5 cents and 6 cents per kilowatt hour. Ifwe were to compare that to what we
are currently paying without the ability to pool together, we are looking at a cost of 8
cents to 9 cents. What that equates to for the City of La Porte, if the pricing stays as we
think it might, a savings of about $213,000 on a yearly basis. These fees would include
the energy costs, the fuel costs, transmission distribution and other regulated rates,
including a ~ cent kilowatt charge from H-GAC.
There is a schedule of which we have laid out in your agenda packet that outlines key
dates when things have to happen. The first deadline for us is to look at adopting
Resolution Number II, which is in back of the agenda packets that I am reading from.
WHat Resolution Number II basically says is that we are committed to move forward and
go ahead and use the numbers that we provided H-GAC for the pooling project to go
ahead and go for a bid on it. Once the numbers come back to H-GAC, there is a deadline
that we need to act on. The numbers must come back to H-GAC by the 12th from the
representative. This is the company that would actually do the actual service for the
electricity rates. They will take those numbers and they will share them with the City of
e
e
City Council Minutes 10-22-01 - Page 5
La Porte; but Resolution Number II says if the numbers are as they are estimated to be
within 20 to 25 percent lower than what we are currently purchasing, then the City will
move forward and enter into a contract. In talking with one of the H-
GAC board members today, it's my understanding there may even be a greater
percentage break for La Porte and other cities that participate.
So, the Resolution that you are asked to consider will allow the City to go ahead and
purchase when the time comes, the rates as they have been established through the
bid process through H-GACj if and only if the numbers are lower than what I
quoted tonight or are equal to what I quoted tonight. If you are inclined to do so,
then you are also asked by this Resolution to appoint two officers from the City to
sit down and to negotiate the final numbers with H-GAC. I would recommend that
we move forward, and that those two people be myself and our Purchasing Agent.
Susan Kelley has been working on this particular project almost since its inceptionj
and she has done a tremendous job, by the way. I'm very proud of her efforts to
date. We do recommend that Resolution Number II be approved and accepted by
the City Council. We are ready to answer any questions we possibly can.
Alton Porter's question waSj if after this is done, can we withdraw our commitment
to fixed rate, if final pricing exceeds the initial proposed pricing. Is that the only opt
out we have? If service is poor, do we have an opt out?
Mr. Herrera responded that their is a supplemental agreement in the packet that
does talk of a termination clause. In order to get in to it, first of all; the first clause
is not service, but the price. If the price is not acceptable, then you can back out.
The contract that we will probably negotiate will either be for one year or for two
years. At this point and time, a firm of TXU has been recognized as the apparent
low bidder, or the most responsible bidder. There is a term clause in the sample
agreement that talks about (Termination of Agreement). We would probably have
to go through breech of contract, and explain where the breech was at and why we
are dissatisfied.
There were various members discussing the contract agreement.
City Attorney read: RESOLUTION 2001-14 - A RESOLUTION APPROVING AND
AUTHROIZING EXECUTION OF A "SUPPLY AGREEMENT" WITH A RETAIL
ELECTRIC PROVIDER, APPROVING INITIAL PROPOSAL PRICING, AND
APPOINTING AUTHORIZED REPRESENT A TIVE(S).
Motion was made by Councilperson Sutherland to approve Resolution 2001-14 as
presented by Mr. Herrera. Second by Councilperson Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Warren, Young, Clarke, and Malone.
Nays: Porter
Abstain: None
e
e
City Council Minutes 10-22-01 - Page 6
12. Council considered approving or other action regarding an ordinance electing to not
provide five-year vesting for employees of the City of La Porte who are members of the
Texas Municipal Retirement System, reserving the right to revoke this election
(Ord.2001-2522).
Director of Administrative Services Carol Buttler presented summary and
recommendation and answered Council's questions.
City Attorney read: ORDINANCE 2001-2522 - AN ORDINANCE ELECTING TO
NOT PROVIDE FIVE-YEAR VESTING FOR EMPLOYEES OF THE CITY OF LA
PORTE WHO ARE MEMBERS OF THE TEXAS MUNICIPAL RETIREMENT
SYSTEM; RESERVING THE RIGHT TO REVOKE THIS ELECTION; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to approve Ordinance 2001-2522 as
presented by Ms. Buttler. Second by Councilperson Sutherland. The motion carried.
Ay~s: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
13. Council considered approval or other action regarding an ordinance approving and
authorizing an amendment to the tax abatement agreement between the City of La Porte
and PPG Industries, Inc. (Ord.2001-2523).
City Manager Robert Herrera presented summary and recommendation and answered
Council's questions.
City Attorney read: ORDINANCE 2001-2523 - AN ORDINANCE APPROVING AND
AUTHORIZING AN AMENDMENT TO THE TAX ABATEMENT AGREEMENT
BETWEEN THE CITY OF LA PORTE AND PPG INDUSTRIES, INC.; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made bv Councilperson Ebow to approve Ordinance 2001-2523 as presented
by Mr. Herrera. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
e
e
City Council Minutes 10-22-01 - Page 7
14. Council considered or other action regarding an ordinance approving and authorizing a
contract between the City of La Porte and Hugh L. Landrum & Associates, Inc., for
appraisal and other services for properties located in the city's industrial districts;
appropriating $46,170 annually to fund said contract for calendar years 2002, 2003 and
2004 and each year thereafter until said contract is terminated as provided for therein
(Ord.2001-2524).
Assistant Finance Director Michael Dolby presented summary and recommendation and
answered Council's questions.
City Attorney read: ORDINANCE 2001-2524 - AN ORDINANCE APPROVING AND
AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND HUGH
L. LANDRUM & ASSOCIATES, INC., FOR APPRAISAL AND OTHER SERVICES
FOR PROPERTIES LOCATED IN THE CITY'S INDUSTRIAL DISTRICTS;
APPROPRIATING $46, 170 ANNUALLY TO FUND SAID CONTRACT FOR
CALENDAR YEARS 2002, 2003, AND 2004 AND EACH YEAR THEREAFTER
UNTIL SAID CONTRACT IS TERMINATED AS PROVIDED FOR THEREIN;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Clarke to approve Ordinance 2001-2524 as
presented by Mr. Dolby. Second by Councilperson Engelken. The motion carried.
Ay~s: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
15. Receive report on Habitat for Humanity proposed building sites and provide staff with
direction. Council would like to have an audit conducted, and a formal disposition made.
16. Consider awarding bid to A-Tex Equipment and Wowco Equipment for heavy
equipment.
Public Works Director Steve Gillett presented summary and recommendation to award
bid for Heavy Equipment to A-Tex Equipment and Wowco Equipment.
Motion was made by Councilperson Engelken to award bid as presented bv Mr. Gillett.
Second by Councilperson Clarke. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Griffiths, Porter, Warren, Young, Clarke, and
Malone.
Nays: None
Abstain: None
e
e
City Council Minutes 10-22-01 - Page 8
17. City Manager Robert Herrera reminded Council of the following events:
The Chamber of Commerce Steak Cook-out on Thursday, October 25, at 6 PM at the
DuPont Clubhouse.
The Redistricting Meeting on Monday, October 29, at 6:30 PM at City Hall.
18. Council members Porter, Griffiths, Ebow, Engelken, Sutherland, Clarke, Young, Warren
and Mayor Malone brought items to Council's attention.
19. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS
GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
20. There was no action taken.
21. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 8: 17 PM.
Respectfully submitted,
LffIalt/J~ 11aut;
Martha Gillett
City Secretary
Passed and approved on this the 12th day of November 2001.
~~1~4
e e
REQUEST FOR CITY COUNCIL AGENDA ITEM
e e
Agenda Date Requested: October 22. 2001
Requested By: Doue Kneuppe;p\0
Appropriation
Source of Funds:
N/A
Department: Plannine
Account Number:
N/A
Report: -LResolution: _ Ordinance:~
Amount Budgeted:
N/A
N/A
Exhibits:
Ordinance
Vicinity Map
Mail Out Response
Staff Report to P & Z
Amount Requested:
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
The Planning and Zoning Commission, during their September 20, 2001 meeting, held a public hearing to receive
citizen comments regarding Rezone Request #ROI-005. The applicant is requesting this rezoning from
Neighborhood Commercial (NC) to Planned Unit Development (PUD) to provide the appropriate zoning to develop
an office park. The tract in question comprises 8.3 acres ofland located on the south side of Caniff Road at the
northwest comer of Underwood Road and Fainnont Parkway. The developer's contemplated uses are a mixture of
general and administrative office-based businesses such as accounting, engineering, etc. and include a bank fronting
Fainnont Parkway. The remainder of the property will be 2-story office buildings developed in phases.
During the Public Hearing conducted by the P & Z, two citizens presented concerns to the Commission regarding
setbacks, screening and landscaping. If the requested zoning is approved, these concerns can be addressed by the
developer, staff, P & Z, and Council during preparation of the Special Conditional Use Pennit (SCUP).
Twenty-one notices of public hearing were mailed to surrounding property owners; one response (opposed) was
received and is attached. The Planning and Zoning Commission, by unanimous vote, has recommended City
Council approval of Rezone Request #R 01-005.
Options available to Council:
1. Approve the recommendation from P & Z with a simple majority
2. Disapprove the recommendation from P &Z with a % majority
3. Table the item until a specified future meeting date
Action Required by Council:
1. Conduct public hearing.
2. Consider approval of Rezone Request #R 01-005.
Approved for City Council Aeenda
Q~ T. "'~
Robert T. Herrera, City Manager
-10-{1-Dl
Date
e
e
ORNINANCE NO. 1501-SS
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING
CLASSIFICATION OF THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED;
MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DA TE 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 finds, determines
and declares that heretofore, to-wit, on the 20th day of September 2001, at 6:00 p.m. a
Public Hearing was held before the Planning and Zoning Commission of the City of La
Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter
551, Texas Government Code, to consider the question and the possible reclassification
of the zoning classification of the hereinafter described parcels of land. There is
------=
attached to this Ordinance as Exhibit "A", a1d incorporated by reference herein and
made a part hereof for all purposes, a copy of Notice of Public Hearing which the City
Council of the City of La Porte hereby finds was properly mailed to all owners of all
properties located within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof
for all purposes.
"Section 3. Immediately following such public hearing on. September 20,
2001, the Planning and Zoning Commission of the City of La Porte met in regular
session to consider changes in classification, which were the subject of such public
hearing. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning and Zoning Commission, by letter
dated September 21,2001, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
ORDINANCENO.15.~
Page 2
e
"Section 4.
Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 220d day of October, 2001, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0",
incorporated by reference herein and made a part hereof for all purposes, a copy of the
notice of public hearing.
"Section 5. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
"Section 6. The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the
zoning classification of the hereinafter described parcels of land, situated within the
corporate limits of the City of La Porte, is hereby changed, and the zoning classification
of said parcels of land shall hereafter be "PUO - Planned Unit Development." The
description of said parcels of land rezoned to Planned Unit Development is as follows,
to-wit:
East half of TR 718, TR 719, and adjoining street out of La Porte Outlots, W. B.
Lawrence Subdivision, La Porte, Harris County, Texas.
"Section 7. The City Council of the City of La Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines and
declares that the amendments to the City of La Porte Zoning Map and Classification
ORDINANCE NO. 15'SS
Page 3
e
contained in this Ordinance as amendments thereto are desirable and in furtherance of
the goals and objectives stated in the City of La Porte's Comprehensive Plan.
"Section 8. 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 9. This Ordinance shall be in effect from and after its passage and
approval.
Passed and approved this the ~d.tJf) day of October, 2001.
:~~~
NORMAN MALONE, Mayor
ATTEST:
By~/JJ41"-' ,;ILI/AI
AR HA GILLETT, City Secretary
e
e
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106 -171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 20th
day of September, 2001, in the Council Chambers of the City Hall, 604 West Fairmont Parkway,
La Porte, Texas. The purpose of this hearing is to consider rezone request #R 01-005, which has
been requested for approximately 8.2628 acres of land being E. ~ of TR 718, TR 719, and
adjoining street, out of La Porte Outlots, W. B. Lawrence Subdivision, Vol. 83, PG. 344, H.C.D.R.
out of the William M. Jones Survey, A-482, City of La Porte, Harris County, Texas. The property in
question is located along Fairmont Parkway at Underwood Road. The request, submitted by Mr.
Dan Dompier, on behalf of Summer Winds, LLC., seeks to have the property in question rezoned
from Neighborhood Commercial (NC) to Planned Unit Development (pUD). The purpose of the
zone change is to provide for Office Building Park.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters pertaining to
the Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
EXHI81TA
_ '\ l(lilic~
-con dUring (1 ;:.< to
I '..!ll' ,U
: Hearlm ~ . ,Yeting
I sign In.l5~etol~.J"I.:.?'
I is conv~ne :/,1\" ,_:", -
.-
\~ .
i\- CITY OELA P~RTE
I ,; - 'sharon Hams ,
',-' ' tor.. ,
.; 1,' : .~, Martha A, 'Gillett -,' , .
J - """ ' City Secretary_ ,".
!l "~.;',:.:.' . __',~,;:~~P'_::~::'::~
'N ~ 'iC';~s-herebY given' that,
,the La Porte' City Council,-
- !',~III cond~ct a PUbl~c.hear~'i
, Ing at 6.00 P .M, <,on; the .,
i.22nd day of October 2001:
"'in, th'e'.Council .Chambers
. of the City' Hall. ,604 West
.-. Fairmont . ,Parkway, La
~orte, Texas. The purpose
,~:: ~ of this,hearing is to consid.,:;
:, '" .e[ ~n ~ application for ~Beer.
". Jland: Win .R~tailer'~, per-,'
,;c,'_ mil. -!i Ii Restaurant
~.,::'.haSta pe. for a vari~nce
~,<,pur a t secti, 9.33_
::>r of' e xas, Aic olic~
':;':'l:B_e-veragl1 p~missio Ab
::> cohol.Be r~g~Code,. he
-:; ....\iariarice' -V permit th~
< sale. of b ef and .win~' at.
I', ;Rixter's Restaura. nt .Iocat-
/ ed at 10615 -1/2 West Main
, on City -of La Porte Munici-"
'pal Airport ,property. The
~)ocation' sought_ to 013 per:
mitted is within prOhibited:
" .distance . 'outlined in the
~:Texas Aicoholic, ~everage
:,Porj1rniss!on -f A,I~ohol:, Bevo;"
erage.C<;>de ana the Code '
B;gf 'Ordinances of the. City
. 'of Lit" Porte: .The: City;
. Council may grant appro-
~~~al: pe~ 'Sect!on '; 1,09133 of,
the 'Texas" Alcoholic' Bever-'
age Commission Alcohol
;Beverage C;ode.
A regular' meeting of ,the
1( L:a" Porte' City "Council- will '
" iollow' 'the: public hearing]
"\,for :the purpose' of acting_
\? upon. the:" pubUc -,t't~aring
J ite!T!s'and to conduct other'
matters' pertaining to the_
._.CqiJn!=i1, __: ,~_ "._
l":.:..~~ .:'.'-;'_,'-L~"'.,- ;',' _::~~ ':>", ~. ~
.. . :.,;:....... r;;'
r Citiz~~s" wlshii;g to- 'ad-'
\ dress the Council pr.o or
L...., .
'I,
;,:;~ '
.
e
e
c
EXHIBIT A & B
820 South 8th Street
La Porte, Texas 77571
E:;'Ii..._.
"
'i~~}. .
'Serving The Bayshore Area Since 1947'
City of La Porte
County of Harris
State of Texas
Before me, the undersigned authority, on this date
came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a semi-weekly
newspaper published and generally distributed in the
City of La Porte, Harris County, Texas and who
after being duly sworn, swears the attached notice was
published in The Bayshore Sun dated I () / () 7/0/
/
K rolyn Kellogg
Authorized Representative
Sworn and subscribed before me this / 11 H day of ~
~~~~~
Notary Public
Harris County, Texas
281-471-1234
Fax: 281-471-5763
n.'.'.
......'. ....'.
. ,
" ;:,
;.~:: ~':t
,2001
e
e
City of La Porte
Established 1892
September 21, 2001
Honorable Mayor Norman Malone and City Council
City of La Porte
Re: Rezone Request #R01-005
Dear Mayor Malone:
The La Porte Planning and Zoning Commission, during its September 20, 2001,
meeting, held a public hearing to consider Rezone Request #R01-005. Mr. Dan
Dompier, owner's agent, seeks to rezone approximately 8.2628 acres of land
located along Fairmont Parkway at Underwood Road, further described as the
east half of TR 718, TR 719, and adjoining street out of La Porte Outlots, W. B.
Lawrence Subdivision, Harris County, Texas. The applicant seeks to have the
property rezoned from Neighborhood Commercial (NC) to Planned Unit
Development (PUD). The purpose of rezoning is to allow development of office
buildings and a banking facility at this site.
The Planning and Zoning Commission, by unanimous vote, has recommended
approval of Rezone Request #R01-005.
Respectfully submitted,
~~~
Chairperson, Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
EXHI$ITC
e
e
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 22nd day of October,
2001, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, LaPorte, Texas. The
purpose of this hearing is to consider rezone request #R 01-005, which has been requested for
approximately 8.2628 acres of land being east half oflR 718, TR 719, and adjoining street, out of
La Porte Outlots, W. B. Lawrence Subdivision, Volume 83, PG. 344, HC.D.R out of the William
M. Jones Survey, A-482, City of La Porte, Harris County, Texas. The property in question is located
along Fairmont Parkway at Underwood Road. The request, submitted by Mr. Dan Dompier, on
behalf of Summer Winds, LLC., seeks to have the property in question rezoned from Neighborhood
Commercial (NC) to Planned Unit Development (PUD). The purpose of rezoning is to allow the
development of office buildings and a banking facility at this site.
A regular meeting of the City Council will follow the public hearing for t he purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
This facility has disability accommodations available. Requests for accommodations or interpretive
services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's
office at (281) 471-5020 or TDD Line (281) 471-5030 for further information.
E>>lIBITf).i .
-
281-471-1234
Fax: 281-471-5763
E-mail: baysun@swbelLnet
e undersigned authority, on this date
peared Karolyn Kellogg, a duly authorized
! e of The Bayshore Sun, a semi-weekly
ublished and generally distributed in the
rte, Harris County, Texas and who after-
om, swears the attached notice was
The Bayshore Sun dated /O/03/0(
, - . ,0,..., "'....T' --.
" _ _ ~_ ,,~:.'_:.;~<';:~{tj\::.::,~:~;~\: ~:L:~::">' '.
C1.rY OFt.APORTE .
, M.a.rthaGilletL/"
"tli.j~a~\"i .j
~tYli~,fap!ii~ h~S"'~I$abilitY' i
accomrn()(jation' '.' . '. ". i
tif::S",",ubscribed before me this
"-'maaei4 .. ....... .... ..' j , 2001.
meetiIl9"..!PIli'~eo'lqP"i!\t~')
. ...1....."
~K;a~~
Karolyn Kellogg
Authorized Representative
f-c!-
day of ~
.~A~~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
EXHI$IT E
e
e
e
e
A Meeting of the La Porte
RECEIVED
- q-/3-() J
PLANNING
Planning and Zoning Commission
(Type of Meeting)
Scheduled for
September 20, 2001
(Date of Meeting)
to Consider
Zone Change Request #R 01-005
(type of Request)
I have received notice of the above referenced public hearing.
I am in FAVOR of granting this request for the following reasons:
f I I ( f I L-o
/\{ D.. )\1 0 ,/\1
I fJ ' f-
v
l.
=- am O:POS~D to granting this request for the follow~g reasons: . r
. nUS /(; YY)t.2S+ (If Cl !') ~hb..o rh,QD~ () -t .
Y ("6 ,in €(Lti oj I P1};;P ~v:::t. -:ILwe, 1!2CWjeJ.
-=h'l I [de I 11 G,y,. 6-F-Y, Ice. r :(' 1<.. OJ- E. Cb. ill!:: , uJ e> LLI J.
hot! e..- Q.nugb.:t I VI. -dvd ,~D d of'- (A.Y'("O. ~ .
b('PM t" :I, ~/)n+llCtLl~ 32:,6b r::l0ileW~od12r
Name (please print) :.J . Ad ess
~i-ry)~ ~aPDcl~ Ii. ?7571
' Si nature City, St<te ip I .
e
e
Staff Report
September 20, 2001
Zone Change Request #R 01-005
Requested by: Dan Dompier, Owner's agent
Requested for: East 'l1ofTR 718, TR 719 LaPorte Outlots
Location. Fairmont Parkway at Underwood Road
Land-Use Map: Mid-to-High Density Residential and Low Density Residential
Present Zoning: Neighborhood Commercial (NC)
Requested Zoning: Planned Unit Development (p.UD)
Background: The property in question is approximately 8.2628-acres in area described as
East 'l1 of TR 718, TR 719, and adjoining street out of La Porte Outlots,
W.B. Lawrence Subdivision, out of the William M. Jones Swvey, Abstract
482, City of La Porte, Harris County, Texas. The undeveloped tract above is
just south of Caniff Road at the northwest comer of Underwood Road and
Fairmont Parkway. To the north of the property in question is low -density
residential development (Summer Winds Subdivision); to the west is a
church, there is an existing convenience store/gas station on a small parcel at
the comer of Fairmont Parkway and Underwood Road; to the south and
across Fairmont Parkway is the Bayport North Industrial Park; and to the
east and across Underwood Road is high-density residential development
(Fairmont Oaks Apartments) along with a commercial strip center.
The applicant's stated purpose for this rezoning request is to allow mixed-
use commercial office building development. If approved, the applicant's
initial project would be a banking facility fronting Fairmont Parkway. The
balance of the development would be office buildings with various uses.
When the applicant examined our zoning ordinance, most of the uses he
considered applicable to his development were included within the
Neighborhood Commercial section. However, there are additional office-
based uses the applicant would like to market his office space to that are
under the General Commercial category in our zoning ordinance. The
applicant considered a request for General Commercial zoning, but
determined that particular category of uses too intense with the existing
adjacent low-density residential development.
If PUD zoning is approved, the applicant would pursue approval of a list of
office and retail type uses acceptable within his office buildings. This list
e
e
Zone Change Request #R 01-005
P&Z 9/20/01
Page 2 of 4
would become part of the project's General Plan that City staff would use to
determine if a contemplated use and tenant would be allowed.
Analysis:
The neighborhood commercial classification is intended to provide. for the
establishment of local centers for convenient, limited office retail or seIVice
outlets which deal directly with the customer for whom the goods or services
are furnished. These centers are intended to provide seIVices and goods for
the surrounding neighborhoods and are not intended to draw customers from
other geographic areas.
The City is composed of numerous types of development, which are closely
interrelated and interdependent with one another. With careful consideration
and planning, this interrelationship may be beneficial to the whole
community. In fact, the City has been consistent with providing a conducive
environment to the extent and nature of development along major roads
within the City limits.
The relationship of the applicant's proposal to the Comprehensive Plan
needs to be emphasized as much as possible. In considering this request,
Staffhas reviewed the applicable chapters of the Comprehensive Plan. These
chapters include; Land Use, Transportation, and Utilities.
Land Use - The recently adopted Comprehensive Plan that contains the La
Porte 2020 Land Use Plan indicates this area envisioned as developing as a
mixture of mid-to-high density residential and low density residential uses.
However, the previous land-use plan showed this area as a mixture of
commercial uses and mid-to-high density residential uses. The previous
land-use plan would better support the current NC zoning classification for
this property as well as the requested PUD zoning classification with the
intent of developing an office park. There has been discussion in the past
regarding developing a grocer/retail use at this very location. With that in
mind, the Commission may want to consider a modification to the La Porte
2020 Land Use Plan that would include commercial uses at the comer of
Fairmont Parkway and Underwood Road for it appears commercial land uses
were inadvertently eliminated from this area.
Conformance of a zoning request with the land use plan is one consideration
among several criteria to be considered in approving or denying a rezoning
application. Other criteria may include:
. Character of the surrounding and adjacent areas;
e
e
Zone Change Request #R 01-005
P&Z 9/20/01
Page 3 of 4
. Existing use of nearby properties, and extent to which a land use
classification would be in harmony with such existing uses or the
anticipated use of the properties;
. Suitability of the property for the uses to which would be permissible,
considering density, access and circulation, adequacy of public facilities
and services, and other considerations;
. Extent to which the designated use of the property would harm the value
of adjacent land use classifications;
. Extent to which the proposed use designation would adversely affect the
capacity or safety of that portion of the road network influenced by the
use;
. Extent to which the proposed use designation would permit excessive air
pollution, water pollution, noise pollution, or other environmental harm
on adjacent land use designations; and,
. The gain, if any, to the public health, safety, and welfare due to the
existence of the land use designation.
None of the above criteria present any concerns over the proposed change in
zoning designation.
Transportation - Being located at the comer ofFairmont Parkway, a semi-
controlled access highway and UndeIWood Road, a primary arterial road,
provides more than adequate accessibility for circulation of traffic and can
easily accommodate the traffic generated by the proposed uses. There should
be very limited impact on traffic flow within the vicinity even after full
implementation of the proposed project.
The private drives and parking areas will be designed and constructed in
conformance with City Standards. Since traffic movement is the primary
function of Fairmont Parkway and UndeIWood Road, access management in
the vicinity of this intersection would be essential. Driveways connecting
directly onto these roadways should be minimized to avoid traffic congestion
and other delays caused by turning movements for vehicles entering and
existing driveways.
Utilities - Public facilities and services are sufficient to handle the supp ly of
potable water and fire protection in the area. In addition, a large diameter
sewer main fronts this property along Fairmont Parkway. Provisions will
have to be made to ensure that sufficient utility extensions are made to serve
this development. Storm water drainage will require on -site detention to
mitigate any adverse impacts associated with this proposed development.
e
-
Zone Change Request #R 01-005
P&Z 9/20/01
Page 4 of 4
Conclusion.
Based on the above analysis, staff fmds the requested change is compatible
with the zoning and uses of nearby properties. The tract in question is
suitable for the requested change to PUD making an environment conducive
for business development. Development within the subject tract should not
negatively impact the surrounding properties and should not harm the value
of nearby properties. It would not have a significant impact on traffic
conditions in the area and utilities would not be affected.
In reviewing this request the Commission should consider the following
points :
. There was no apparent error in asslgmng the present zonmg
designation to the tract in question.
. The applicant's requested zoning provides some flexibility for the
developer while at the same time allowing the City to review specific
uses and site layouts at the various stages of the proposed
development.
Options available to the Commission are:
. Recommend to Council approval of this rezoning request from NC to
PUD.
. Recommend to Council denial of this rezoning request from NC to
PUD.
e -
e e
RRQlTRST FOR CITY COITNCn, AGRNnA ITRM
Agenda Date Requested: October 22,2001
Requested By: M. Gille~~ent: City ~ecret"ty" Office
_ Report _ Resolution
X Ordinance
Exhibits: Ordinance 1000-1-J, Publication and LPISD Letter and Minutes
SlTMMARY & RRCOMMRNnATION
Ordinance 1000-I-J, if approved, would allow a new applicant to sell beer and/or wine at a proposed restaurant located
on City of La Porte Municipal Airport property and located within 300 feet of a public school. The City has processed
the new application and it meets Code of Ordinances regulation on past due taxes and the Police Department has
reviewed the applicant. However, the location is on City-owned property and is located within 300 feet of a public
school. The Texas Alcoholic Beverage Commission Code allows the City Council to grant a variance and allow approval
of this application. The La Porte Independent School District was notified and has no objection to this permit being
issued (see attached letter and minutes). If approved the permit would be issued in the name of Rixster' s Restaurant.
Ordinance 1 000-I-J will be amended by adding the following:
STREET ADDRESS OF THE PROPERTY: 10615 Y1 West Main, La Porte, Harris, County, Texas 77571.
LEGAL DESCRIPTION OF THE PROPERTY: Lots 1,2 and 3, ofTR 4A, BLK 1 and Lots 1,2,3 and 4, ofTR 5,
BLK 2 of the W.J. Payne Survey, Town of La Porte, Harris County, TX
PROPERTY OWNER: City of La Porte, Texas
NAME OF APPLICANTS: Sherrie Jo Williams
ADDRESS OF APPLICANT: 616 N. Shady Lane, Texas 77571
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Rixter's Restaurant
Action Required by Council:
Consider approval of Ordinance 1000-1-J and grant a variance to allow the sale of alcoholic beverages.2.r:fitt:
of La Porte Municipal Airport property and located within 300 feet of a school district. Section 7 ofth~'f
Ordinance also stipulates that the applicant must obtain a sub-lease, building permit and certificate of occupancy
on or before April 22, 2002.
Availability of Funds:
_ General Fun<L- Water/Wastewater
_ Capital Improvemenf- General Revenue Sharing
_ Other
Account Number:
Funds Available: YES NO
nate )o/efl
e
e
ORDINANCE NO. 1000-1-J
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, GRANTING A VARIANCE TO
CHAPTER 6, SECTIONS 6.2 AND 6.3 AND AMENDING CHAPTER 6, SECTION 6-78
OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY PERMITTING
THE SALE AND CONSUMPTION OF BEER AND/OR WINE AT A RESTAURANT
LOCATION SITUATED WITHIN 300 FEET OF A PUBLIC SCHOOL AND SITUATED
ON CITY-OWNED PROPERTY AND BY ADDING AN AREA AT A RESTAURANT
WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE
SOLD; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of La Porte has, in Chapter 6 of the Code of Ordinances of
the City of La Porte, regulated the location, closing hours, and sale of wine and/or beer
on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage
Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the
provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109,
Subchapter C, Section 109.31 et seq; and
WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the
locations at which wine and/or beer may be sold in the City, and further expressly
identifies the names of establishments and permit holders authorized to sell wine and/or
beer under the terms of said Code; and
WHEREAS, a new applicant desires to sell wine and/or beer at a location not
previously permitted in the Chapter 6 of the Code of Ordinances of the City of La Porte;
and
WHEREAS, the City has determined that the new applicant is requesting a
permit to serve beer and/or wine at a restaurant location situated within 300 feet of a
e
Ordinance No. 1000-1-J
Page 2
e
public school within the La Porte Independent School District and is also on property
owned by the City of La Porte at the La Porte Municipal Airport; and
WHEREAS, the City Council of the City of La Porte called a public hearing on the
22nd day of October, 2001, at 6:00 p.m., pursuant to due notice, to consider the
proposed issuance of a variance to Chapter 6 of the Code of Ordinances of the City of
La Porte which would be required in order to issue Applicant a permit to serve beer
and/or wine at the restaurant location proposed by Applicant. There is attached to this
Ordinance as Exhibit "A", incorporated by reference herein and made a part hereof for
all purposes, a copy of the notice of public hearing which the City Council of the City of
La Porte hereby finds was properly published and posted. The publisher's affidavit of
publication of notice of said hearing is attached hereto as Exhibit "B", and incorporated
by reference herein and made a part hereof for all purposes; and
WHEREAS, the City finds that the Board of Trustees of the La Porte
Independent School District met in a Special/Workshop Meeting on the 25th day of
September, 2001, to consider the Applicant's request for issuance of a permit to serve
beer and/or wine at a restaurant location situated within 300 feet of a public school.
The City Council of the City of La Porte is in receipt of the written statement from the
Board of Trustees of the La Porte Independent School District indicating that the School
District does not oppose the proposed location for said restaurant, by letter dated
September 26, 2001, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes; and
e
Ordinance No. 1000-1-J
Page 3
e
WHEREAS, the City has, pursuant to the terms of said Code, made its
investigation to ascertain whether, if said variance is granted, said new applicant would
qualify for a beer and/or wine permit from the City; and
WHEREAS, the City has determined that the issuance of a variance to Chapter 6
of the Code of Ordinances of the City of La Porte is desirable and should be approved
by the City Council; and
WHEREAS, the City has determined that the new applicant therefore qualifies for
a beer and/or wine permit from the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. Pursuant to Chapter 109.33 of The Texas Alcoholic Beverage
Code, Applicant is granted a variance to Chapter 6, Section 6.2 of the Code of
Ordinances of the City of La Porte, permitting the serving of beer and/or wine at a
restaurant location situated within 300 feet of a public school within the La Porte
Independent School District. Said variance is granted to Applicant named below in
Section 3 of this ordinance at the specific location stated therein.
Section 2
Applicant is granted a variance to Chapter 6, Section 6.3 of the
Code of Ordinances of the City of La Porte, permitting the serving of beer and/or wine
at a restaurant location situated on City-owned property. Said variance is granted to
Applicant named below in Section 3 of this ordinance at the specific location stated
therein.
e
Ordinance No. 1000-1-J
Page 4
e
Section 3. Chapter 6, Section 6-78 of the Code of Ordinances of the City of La
Porte is hereby amended by granting a new permit for the operation of a restaurant, as
defined in said Code, at the following location, which permit shall be personal to the
Applicant, and non-transferable, and shall be further conditioned that the permittee shall
comply with the provisions of the Texas Alcoholic Beverage Code, and all other
applicable federal, state, and local laws and ordinances, including other provisions of
this ordinance and the Code of Ordinances of the City of La Porte;
STREET ADDRESS OF PROPERTY: 10615-% West Main, La Porte, Harris
County, Texas 77571
LEGAL DESCRIPTION OF PROPERTY: LOTS 1, 2 and 3, of TR 4A, BLK 1
and LOTS 1,2,3 and 4, of TR 5, BLK 2 of the W. J. Payne Survey, Town of La
Porte, Harris County, TX
PROPERTY OWNER: City of La Porte, Texas
NAME OF APPLICANT: Sherrie Jo Williams
ADDRESS OF APPLICANT: 616 N. Shady Lane, La Porte, Texas 77571
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Rixsters
Restaurant
Section 4. It is the intent of the City Council of the City of La Porte that this
Ordinance merely permit the sale of wine and/or beer during the hours set by the
general laws of the State of Texas by retailers selling wine and/or beer for consumption
on premises at the locations established in Section 3 of this Ordinance. This Ordinance
is not an attempt to create zoning or other land use rights of property owners at said
location such that the provisions of Chapter 106 of the Code of Ordinances of the City
of La Porte, the City of La Porte Zoning Ordinance, together with all amendments
thereto (as such provisions impose standards on premises or businesses within the City
of La Porte, regardless of whether such business or premises are required to have a
license or permit under the Texas Alcoholic Beverage Code) govern and supersede the
e
Ordinance No. 1000-1-J
Page 5
e
provisions of this Ordinance, in the event of a conflict between this Ordinance and the
provisions of the Zoning Ordinance and amendments thereto. This application for wine
and/or beer for consumption on premises shall be subject to the provisions of:
a. The Texas Alcoholic Beverage Code;
b. Chapter 6 of the Code of Ordinances of the City of La Porte, except for
variances granted herein;
c. This Ordinance insofar as this Ordinance does not conflict with the provisions
of the Texas Alcoholic Beverage Code; and
d. The Zoning Ordinance of the City of La Porte, and all amendments thereto,
as such provision apply to all businesses within the City of La Porte,
regardless of whether or not such businesses are required to obtain a license
or permit under the provisions of the Texas Alcoholic Beverage Code.
Section 5. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid,
such invalidity shall not affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed each section, sentence,
phrase or clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared invalid.
Section 6. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council is posted at a place convenient to the public at the City Hall of the City for
the time required by law preceding this meeting, as required by the Chapter 551, Tx.
Gov't Code; and that this meeting has been open to the public as required by law at all
e
Ordinance No. 1000-1-J
Page 6
e
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 7. This variance granted in Sections 1 of 2 of this Ordinance shall
expire instanter, unless Applicant receives City of La Porte approval of their sub-lease
agreement on the property and applies for, is qualified to receive, and in fact receives a
building permit, and a certificate of occupancy pursuant to the Codes and Ordinances
of the City of La Porte, and the laws of the state of Texas, on or before April 22, 2002.
Section 8. This Ordinance shall be effective from the date of its passage and
approval, and it is so ordered.
PASSED AND APPROVED this the 22nd day of October, 2001.
ATTEST:
~tWIi~ (iu;JJ
Ma ha Gillett, .
City Secretary
6E:dl~
Knox W. Askins,
City Attorney
e
e
EXHIBIT A & B
281-471-1234
Fax: 281-471-5763
re Sun
'Serving The Bayshore Area Since 1947'
)rsigned authority, on this date.
Karolyn f<ellogg, a duly authorized
Bayshore Sun, a semi-weekly
and generally distributed in the
ris County, Texas and who
n, swears the attached notice was
shore Sun dated /0/07/0/
I
K rolyn Kellogg
Authorized Representative
d before me this / 1/ H day of ~
~~~~~
Notary Public
Harris County, Texas
,2001
e
e
."---
EXHIBIT C
EXC ELLE:'olC E...
.l La Po rteI::;D trn diti 011
La Porte Independent School District
Business Office Annex
David Webb, CFO / Assistant Superintendent for Business
301 E. Fairmont Parkway La Porte, Texas 77571
281.604.7045 phone 281.604.7047 facsimile
webbd@/aporte.isd.esc4.net
September 26, 2001
City Secretary's Office
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
To whom it may concern,
At the monthly Board of Trustees workshop held on Tuesday, September 25, 2001, the
La Porte ISD Trustees approved a measure supporting the establishment of a
restaurant at the airport. The restaurant is to be established by Rick and Sherrie
Williams, individual taxpayers in La Porte, and is tentatively to be named Rixters.
The Board of Trustees voted 0 against, 1 abstaining and 6 for support of the
restaurant. Minutes of the meeting from Board Secretary Jean Williams are attached.
The restaurant will be within 300 feet of a driveway leading to Rizzuto Elementary
School. It was the Board's determination that this posed no threat as the driveway runs
a significant distance behind the school and the elementary students attending would
not be subject to alcohol sales.
Please let us know if additional input from the District is required.
Sincerely,
~/NtL
RECEIVED
OCT 0 3 2001
CITY SECRETARY'S
OFFICE
David Webb
e
e
BOARD OF TRUSTEES
LA PORTE INDEPENDENT SCHOOL DISTRICT
Minutes
,SpeciallWorkshop Meeting
COpy FOR YOUR
INFORMATION
Board Room, Administration Building
September 25, 2001
Present:
Gordon Westmoreland, Bill Baker, Jay Guillot, Gene Horn,
Dr. Charles Hilborn, Chris Osten, and Debi Krampen.
Administrators:
Drs. Sawyer, Pitre, lIes, and Owens, Jim Schul, David Webb,
Mike Clausen, Beth Rickert, principals and other administrators.
I. BOARD TRAININGIWORKSHOP
At 6:00 pm, Hazel McSwain presented the Title 4 Report: Safe and Drug-free Schools
and Communities as required by law; Dr. lIes then explained how the District's
student discipline policy was developed and updated each year according to the
directives of Texas Education Code, Chapter 37, Discipline: Law and Order. (Attached
to bound minutes)
ll. OPENING
At 7:19 pm, the president called the meeting to order and announced that a notice
of the meeting had been posted in a manner required by law, and that a quorum
was present.
President Westmoreland solicited the superintendent and Board members for items
to be discussed in Closed Session. It was a request of Dr. Sawyer's that:
1. VI. DiscussionJInformation, item 2 be discussed in Closed Session.
m. BUSINESS
1. Bill Baker moved, seconded by Gordon Westmoreland, to TABLE
action on the Freeport Exemption at this time since not enough companies
have signed their intent for the exemption at this time. Motion carried
unanimously. (Attached to bound minutes)
Bd. SpecfWrkshp. Mtg. 9/25/01
1
e
e
(III. Business, continued)
2. Chris Osten moved, seconded by Jay Guillot, to grant support to Rick
and Sherrie Williams for a liquor license for their proposed restaurant
on Spencer Highway near Rizzuto Elementary. Motion carried with
Trustees Osten, Westmoreland, Hilborn, Guillot, Horn, and Krampen
voting yea and Trustee Baker abstaining because of a possible conflict
of interest. (Attached to bound minutes)
3. Bill Baker moved, seconded by Gene Horn, to approve two (2) budget
amendments as presented. Motion carried unanimously. (Attached
to bound minutes)
IV. PERSONNEL
1. Chris Osten moved, seconded by Bill Baker, to approve the employment
of a non-instructional employee (electrician). Motion carried unani-
mously. (Attached to bound minutes)
V. OPERATIONS
1. Bill Baker moved, seconded by Debi Krampen, to approve the
revised energy consulting services proposal from Comfort
Systems USA, ESS Engineering through the procurement
stage of electrical deregulation in the amount of $19,000. Motion
carried unanimously_ (Attached to bound minutes)
VI. DISCUSSION/INFORMATION
1. Chuck Davis, Web master & Director for Educational Technology,
discussed the Internet Safety Plan and the current status of the plan
how safeguards have been put in place to protect students'access to
undesirable web pages. (Attached to bound minutes)
Bd. Spec/Wrkshp. Mtg. 9/25/01
2
OCT 18 '01 08:55AM LAP4If I 5 D
e
P.2/2
(VI. Discussion/Information, continued)
At 8:31 pm. the Board recessed the Open Session to convene in Closed Session
under Section 551.072 for the purpose of discussing the pu:rohase, exchange,
lease or value of real property.
At 9:00 pm, the Board recessed the Closed Session and reconvened in Open
Session.
2. Or. Sawyer discussed the possible future purchases/sales/exchange
of properties in Closed Session.
VII. ADJOURNMENT
At 9:02 pm, Chris Osten moved, seconded by Jay Guillot, to adjourn the meeting.
Motion camed unanimously.
GtnLLOT,SECRE ARY
BO OF TRUSTEES OF THE
LA PORTE INDEPENDENT SCHOOL DISTRICT
~
GORDON WESTMORELAND, PRESIDENT
BOARD OF TRUSTEES OF THE
LA PORTE INDEPENDENT SCHOOL DISTRICT
Bd. Spec/WrlGhp. Mtg. 9/25/01
3
e
e
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
genda Date Requested: October 22, 2001
Appropriation
Requested By: Rohert T Herrerll
Source of Funds:
Department: A.dlllillilitr~tigll
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
Resolution II and Supply Agreement
Amount Reque~ted'
Exhibits:
Budgeted Item: YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
During the May 8, 2001, City Council meeting, Council passed Resolution I for City of La Porte to participate with H-GAC which
would become a Political Subdivision Corporation named H-GAC Energy Purchasing Corporation. This resolution was the first step
to joining H-GAC as an aggregate to purchase electricity.
H-GAC Energy Purchasing Corporation sent out Requests for Proposals to various Retail Energy Providers (REP) to obtain pricing for
the purchase of electricity. The "Initial Proposed Pricing" indicates the "Final Pricing" should fall between $0.05 and $0.059 per
kWh. As a reference, current pricing is between $0.08 and $0.09 per kWh, which should be a savings of approximately 25%. If we
compared this price savings to what we paid last year, the City would have paid $213,375 less. This all-inclusive price includes:
~ Energy
~ Fuel
. ~ Transmission and Distribution
~ All other regulated rates
~ H-GAC Aggregation Fee - $0.00045 per kWh
Below is the schedule H-GAC has submitted to all Member Buyers (participating entities):
November 7 5:00 pm Deadline for Member Buyers to return Resolution 11
November 8 Noon Release list of committed Member Buyers to Retail Energy Providers (REP)
November 12 Noon Deadline for REP to submit revised pricing
November 13 1:00 pm Final Pricing released to committed Member Buyers
November 14 5:00 pm Deadline for Member Buyers to select pricing, options and sign Supply
Agreements
January 1,2002 Begin electricity supply
The second and final step to make a firm commitment to H-GAC Energy Purchasing Corporation is to pass Resolution 11. This
resolution states the City of La Porte may withdraw our commitment to participate if the "Final Pricing" exceeds the "Initial Proposed
Pricing" .
Staff has reviewed Resolution II and the Supply Agreement. Staff recommends Council pass Resolution II committing the City of
La Porte to participate with H-GAC Energy Purchasing Corporation.
Action Required bv Council:
Pass Resolution II as a firm commitment to participate with H-GAC Energy Purchasing Corporation.
tiP proved for Citv Council A&enda
8 ~,,"'\ . \-t ,,""Y~"-<-
Robert T. Herrera, City Manager
\0\(,-(,)\
Date
e
e
A RESOLUTION
APPROVING AND AUTHORIZING EXECUTION OF A
"SUPPLY AGREEMENT" WITH A RETAIL ELECTRIC PROVIDER,
APPROVING INITIAL PROPOSAL PRICING, AND
APPOINTING AUTHORIZED REPRESENTATIVE(S)
WHEREAS, H-GAC Energy Purchasing Corporation (the "Corporation") is a
non-profit political subdivision corporation, as defined in Chapter 303 of the Texas Local
Government Code (to be codified effective September 1,2001 as Chapter 304); and
WHEREAS, the Corporation is authorized to negotiate on behalf of its members
for the purchase of electricity, make contracts for the purchase of electricity, purchase electricity,
and take any other action necessary to purchase electricity for use in the public facilities of the
political subdivisions represented by it; and
WHEREAS, c...J
(the "Political Subdivision") has
Corporation; and
participation In the
WHEREAS, the Corporation has negotiated and contracted with various Retail
Electric Providers (each a "REP") and has entered into a contract with the REP referenced in the
attached Supply Agreement; and
WHEREAS, the Member, as a Buyer, has selected the REP referenced in the
attached Supply Agreement; and
WHEREAS, the Corporation has received and distributed to its members the
initial proposal pricing ("Initial Pricing") of the REP and the Political Subdivision has reviewed
the Initial Pricing, which is incorporated herein by reference; and
WHEREAS, the Political Subdivision acknowledges that the Initial Pricing is not
binding on the REP but will be updated during a subsequent time period to be announced by the
Corporation, at which time final closing pricing (the "Final Pricing") will be announced; and
WHEREAS, the Political Subdivision has reviewed a Supply Agreement with the
selected REP (the "Supply Agreement"), a copy of which is presented with this Resolution and is
incorporated herein by reference, and wishes to enter into such agreement provided that the Final
Pricing does not exceed the Initial Proposal Pricing;
NOW, THEREFORE, BE IT RESOLVED:
1. The Supply Agreement with the Initial Proposal Pricing made a part
thereof is hereby approved and adopted.
1
Resolution II of 2
e
e
2. The following officers, officials or employees of the Political Subdivision
are hereby designated as "Authorized Representatives," with full power and authority to execute
the Supply Agreement, so long as the Final Pricing is less than or equal to the Initial Proposal
Pricing, exclusive of any regulated rates subject to change, which the Political Subdivision has
elected, and take all other actions deemed necessary or appropriate to consummate the
transaction authorized by this Resolution.
Signature: ex ~ T. f(~
Printed Name: R n B eft -r. He (( e (tf
Title: LJi f'rI /1 f11t'
Tele: a~1 {.{f)k Dd--O
Fax: d~/- 4" /- 1<(~Lf
E-mail: u.ricASeC_/.lft-/or+e.h-.LA5
Signature: ,4 tUJ "-- ~
Printed Name: .SU:AA ((e Uey
Title: Vv- (( ha S':' f'(lfJ. na!l r
Tele: ~ ~ I. hi 0/-)DJ-, 0
Fax: ~ ~ (... liD (- t/ 'J. 'J f
.E-mail: k ~lln{ 5 e L-l - {ct -~+ e . -f 'I- . uS
PASSED AND APPROVED thi~J,v(J day of ()t-:rO fJEe
,2001.
ATTESTS:
By:4~~ BY:~ a)4;JJjJ) ,
JJ or man 1-. mOt Lone,. mati fV1a 41164. Ct Gi II-elf I (i~/~ f.l1dJ1
Printed Name and Title Printed Name and Title r
(SEAL)
2
Resolution II of 2
e
e
ATXU
~4.
TXU Energy Services
1601 Bryan Street
Dallas, TX 75201-3411
February 19,2002
RECEIVED
ftJEB 2 5 2002
CITY MANAGER'S
OFFICE
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
Attention:
Robert T. Herrera
Subject:
Execution of Electricity Supply Contract, Contract Number 1-8CGC7
Dear Mr. Herrera,
TXU Energy Retail Company LP (TXU-ER) would like to thank you for the
opportunity to establish a long-term business relationship between our companies.
TXU-ER hereby returns a fully executed original Contract (Offer Sheet, Price Sheet,
Terms and Conditions, and Exhibit A) for your records.
If you should have any further questions regarding the Contract, please contact the
undersigned name for immediate attention. For any other questions regarding your
account, please contact your Sales Account Manager, Alex Underwood at 214-812-
7236.
Thank you for choosing TXU Energy Retail Co., as your Retail Electric Provider to
meet your electric energy needs.
Sincerely,
S~L
Ov S ~'\Jv\
C;) f,-
\'Y\.,",^",-\'lL.
~~.~ ~
r 't~ I D ~
~-1~
Name: Gary Krystek
Title: Contracts Administration Mana,
Phone: 214 812 8528 0 I
E-mail:gkryste1@txu.comIO I) J-; )
Enclosures
Cc: (SALES AM)
e e
TRANSACTION CONFIRMATION FOR THE SUPPLY OF ELECTRICITY
Transaction Confirmation #: 1-8CGC7
25% per month for excess usage and .
25 % per month for under usage
(see section IV, Calculation and Payment of Charges in the Base Contract for Supply
of Electricity)
XI. TERMS AND CONDITIONS THE TERMS AND CONDITIONS FOR THE SUPPLY OF
ELECTRICITY ("TERMS") SEPARATELY EXECUTED BY
BUYER AND SELLER, ARE PART OF THE AGREEMENT TO
WHICH THIS OFFER FOR THE SUPPLY OF ELECTRICITY
APPLIES. BUYER ACKNOWLEDGES THAT IT HAS RECEIVED
THE TERMS, AND IN THE EVENT THAT BUYER HAS NOT
PREVIOUSLY EXECUTED THE TERMS, BY SIGNING THIS
OFFER BUYER AGREES TO BE BOUND BY THE TERMS AS
PROVIDED BY SELLER.
Seller Sign
BUYER: City of La Porte
604 W Fairmont Pkwy
La Porte, TX 77571
Phone: 281-471-5020
Fax: 281-741-1884
I. AGREEMENT TERM
II. PAYMENT TERMS
III. DEPOSIT AMOUNT
IV. BILL PRESENTMENT
METHOD
V. PAYMENT METHOD
VI. STANDARD SERVICES
VII. CUSTOM SERVICES
VIII. SPECIAL PROVISIONS
IX COST PER KWH
X MONTHLYCONTRACT
USAGE TOLERANCES
Position.
bu.~~
Date:
/( 2.,00 I
Form NameNersion: OFFER SHEET 110701
SELLER: TXU Energy Services Company
1601 Bryan, 7th Floor
Dallas, Texas 75201
Phone: 214-875-1000
Fax: 214-875-1001
The Primary Term for each Premise, identified in Exhibit A, shall commence upon
the date of the first reading of the meter(s) on each respective Premise by the TDSP
after 1/112002, or as soon thereafter as practicable, and shall end for each Premise
upon the date of the first reading of the respective Premise meter(s) by the TDSP after
12/31/2003.
Net 30 Days
No initial deposit required.
CI Paper
Check
Toll free number (800) 725-7920) for 24 hour emergency outage and customer
service, available 7:00 a.m. to 7:00 p.m. on normal business days; Assigned customer
service representative, billing analyst, and assigned professional account manager.
Not Applicable
Not Applicable
See attached Price Sheet
Name
d{Y-/
Position:
Date:
I J '-
5
/- cJ /
Page 1
e
e
f)TXU
Price Sheet - Flat Price
TXU Energy Services
Contract/Plan #:
Account Name:
Plan Type:
1-8CGC7
City of La Porte
Flat
This Price Sheet is only valid in association with and shall remain subject to the Terms and Conditions for Supply of Electricity
("Terms") and Offer for Supply of Electricity referenced above and is contingent upon Customer's acceptance of the Offer prior to the
Offer Expiration Date. This Price Sheet is applicable to the Customer ESI number(s) identified on Exhibit A of the Terms.
Monthly Prices shall equal the sum of (i) the Monthly Standing Charge set forth below; plus (ii) the applicable per kWh charges set
forth below for the electricity; plus (iii) all costs and expenses of any nature whatsoever that are charged by the Transmission and
Distribution Service Provider ("TDSP") for the transmission and/or distribution of the electricity, as well as any other charges of the
TDSP that are attributable to the Customer Account numbers, including, without limitation, charges for reactive power; plus (iv) all
other tariffs, rates, riders, fees, and charges, charged by the TDSP or another party, that are mandated, levied, assessed, allowed, or
approved by the Texas Public Utility Commission and all other governmental or regulatory authorities, on or with respect to the
acquisition, sale, delivery, and purchase of the electricity; plus (v) all federal, state, and local taxes, of any nature whatsoever, imposed
by all governmental and regulatory authorities, on or with respect to the acquisition, sale, delivery, and purchase of the electricity,
including Seller's Texas Gross Receipts Tax on the sale of electricity to Buyer; plus (vi) the Over Capacity Charge set forth below, if
applicable; plus (vii) an aggregation fee of $0.00045 per kWh actually consumed by Buyer collected by Seller on behalf of and paid to
HGAC Energy Purchasing Corporation.
Charge Amount
Monthly Standing Charge per $0.00
service point
All kWh $0.04397 per kWh
$0.0233484 per kWh for delivery, excluding reactive
TDSP Delivery Charges power, based upon current estimate;* Monthly price will
be based upon actual charges.
Tariffs, rates, riders, fees, and
charges other than those included To be determined, varies by service point
in TDSP delivery charges above
All applicable taxes To be determined, varies by jurisdiction
Over Capacity Charge $0.00 per kW
The costs and expenses charged by the TDSP for delivery services may fluctuate during the Agreement Term, as will other applicable
taxes, tariffs, riders, fees, and charges.
* For reference purposes only. This is the current estimate of the average TDSP standard delivery costs, excluding charges for reactive
power, special metering, or other miscellaneous TDSP charges.
Form NamelY ersion: PRICE SHEET FLAT PRICE I 1070 I
Page 1
e
e
ATTACHMENT A
eTXU
TXU Energy Services
TERMS AND CONDITIONS FOR SUPPLY OF ELECTRICITY
These Terms and Conditions for the Supply of Electricity ("Terms"), together with any Offer for Supply of
Electricity ("Offer") and any other attachments, exhibits or appendices (including, as appropriate, one or more Price Sheets)
as may be hereafter agreed to by Buyer (the term Buyer includes its employees and/or agents as appropriate), and Seller (the
term Seller includes its assignees and/or as appropriate its employees, agents and/or subcontractors), shall constitute the
"Agreement" for the supply of electricity to the Premise(s) of Buyer set forth in Exhibit "A" attached hereto. Seller and Buyer
may hereinafter be referred to individually as a "Party" and collectively as the "Parties". "Premise(s)" herein shall mean the
designated (in Exhibit "A") property or facilities and associated metered account(s) identified by an Electric Service Identifier
("ESI"), which is a unique and permanent identifier assigned to each Premise(s). A "Price Sheet(s)" is a document(s)
containing a description of the method for determining charges payable by Buyer to Seller for electricity supplied pursuant to
this Agreement, for specified Premises and shall contain the Offer Price. A condition precedent for the effectiveness of the
Agreement shall be the execution of a separate Offer, and agreement by the Parties on the terms contained in Exhibit "A" and
the appropriate Price Sheet(s).
I. SUBJECT MATTER AND QUANTITY. Seller shall sell and cause delivery, and Buyer shall purchase and receive at the Point
of Delivery, for use only at the Premise(s), Buyer's non-residential electricity requirements set forth on Exhibit "A" attached hereto.
"TDSP" herein shall mean a transmission and/or distribution provider under the jurisdiction of the Public Utility Commission of
Texas ("PUCT") that owns and maintains a transmission or distribution system for the delivery of energy; including a Municipally
owned utility or Rural Electric Cooperative. "Point of Delivery" herein shall mean the point where TDSP's conductors are
connected to Buyer's conductors at or near Buyer's Premises.
II. [This Section has been deleted intentionally.]
III. TERM. The "Agreement Term" shall be the time period, as referred to in the Offer, during which the prices contained in
the Price Sheets are and shall remain in force.
IV. AGREEMENT RENEWAUPRICE RENEGOTIATION. If Buyer and Seller have not agreed to new pricing and terms prior
to thirty calendar days before the expiration of the then current Offer, and Buyer has not arranged for electricity from another
supplier prior to the expiration of such Offer, then, effective upon expiration of the Offer and until Buyer arranges for electricity
with another supplier or under a new Offer with Seller, Seller agrees to sell and deliver and Buyer agrees to purchase and
receive electricity under terms and prices of Seller's then current Standard List Price Offer applicable to businesses of same or
similar nature as Buyer. "Standard List Price Offer" herein shall mean the Seller's price charged to customer's purchasing
electricity without a valid Offer for the Supply of Electricity. The Standard List Price Offer may change from time to time at the
discretion of Seller.
V. CALCULATION AND PAYMENT OF CHARGES.
5.1 Seller will invoice Buyer for electricity delivered to the Premise(s) during each monthly billing cycle of the Agreement Term,
and for any other amounts due from Buyer to Seller hereunder, in accordance with the applicable Price Sheet, provided, however,
in the event Buyer is a water district, a municipal utility district, a public utility district, a water control improvement district, all other
types of special districts, or has at the time this Agreement is entered into, twenty five percent (25.0%) or more of its total electric
load is attributable to water pumping load, and (a) takes total quantities of electricity (attributable to all Premise(s) hereunder) in
any month that are in excess of one hundred twenty-five percent (125.0%) of the aggregated quantities listed in Exhibit "A",
then Seller shall have the option to price such excess quantities at 105.0% of the then current retail market value or (b) takes
quantities of electricity in a month that are less than seventy five percent (75.0%) of the aggregated quantities listed in Exhibit "A"
(provided such is not the result of a force majeure event) then, in addition to paying for those quantities actually taken in
accordance with the applicable Price Sheet, Buyer agrees to pay Seller the positive amount, if any, calculated as follows: (75.0%
of the aggregated quantities on Exhibit "A" for the applicable month minus the aggregated quantities actually used by Buyer
during the month, the "Shortfall Quantity") multiplied by (the contracted price from the applicable Price Sheet minus 95.0% of the
then current retail market price for the Shortfall Quantity). "Retail Market Price" for purposes of this paragraph 5.1 only shall be:
the weighted average of the ERCOT market clearing price for energy for each congestion zone in the applicable month; plus (a)
all charges associated with (i) Ancillary Services, (ii) Line Losses, (iii) Unaccounted for Energy, and (iv) ERCOT administration
fees; and (b) any new charges established by the Independent System Operator that load serving Qualified Scheduling Entities
are required to pay.
e
e
5.2 If Buyer has more than one Premise, the monthly billing cycle may vary for different Premises, and may not coincide with a
calendar month. In the event that an interval demand recorder ("I DR") must be installed at any Premise, if such IDR has not been
installed prior to the commencement of the Agreement Term, Seller reserves the right to calculate prices based upon the
appropriate deemed load profile, as obtained by Seller from the PUCT, until such IDR can be installed.
5.3 Buyer shall pay the invoiced amount on or before the due date specified in the Offer, and/or notify SeHer within ten business
days of the invoice date if Buyer disputes any part of the invoice together with Buyer's reasons for disputing the invoice (however,
Buyer's payment of an invoice and/or failure to dispute an invoice by the due date, in and of itself,shall not constitute a waiver
by Efuyer of Buyer's right to contest later the correctness of such invoice), but the undisputed part shall remain due and payable.
In the event that Buyer gives notice of such dispute, thaParties shall, for a period of .thirty calendar days following Seller's receipt
of that notice, pursue diligent, good faith efforts to resolve the dispute. If the Parties are unable to resolve a disputed invoice
during that thirty day period, Seller may require, in the event it is subsequently determined that Buyer should pay Seller all or part
of the disputed amount, that Buyer pay interest on such amount, at a @te equal to (i) one percent (1%) per month or (ii) the
highest rate allowed by law, whichever is the lesser, from the date such payment was originally due until the same is paid.
Following resolution of the dispute, any amount found payable (including interest) shall be paid within thirty calendar days. If
Buyer fails to pay any amount due (including any disputed amount withheld which is subsequently found to have been payable),
Seller may, at its option, pursue any or all of the following actions or remedies: (a) accrue interest on the unpaid portion at a rate
equal to that described earlier in this paragraph, from the date such payment is due until the same is paid, or (b) transfer Buyer to
the provider of last resort ("POLR"). POLR shall be defined as a retail electric provider that has been designated by the PUCT to
provide a basic, standard retail service package to requesting or defaulting customers.
5.4 If Buyer notifies Seller in writing of a justifiable concem regarding the accuracy of an invoice hereunder, Seller shall make
available to Buyer during normal b\,lsiness hours the records in Seller's possession reasonably necessary for Buyer to verify the
accuracy of its bill. Provided, however, neither Party may request any adjustment or correction of any statement or payment
- unless written notice of such request for adjustment or correction is furnished within twenty-four (24) months of the date of the
statement or payment for which such adjustment or correction is requested.
5.5 If this Agreement is terminated for any reason (including where Buyer terminates in accordance with Section VII) and Buyer
does not arrange for a new electricity supply agreement with Seller or another supplier, Seller, until Buyer arranges for a new
electric supply agreement with Seller or another supplier, may (in addition to other remedies) charge Buyer for any electricity
used at the Premise(s) after the effective date of the termination, and subject to these Terms, at Seller's then current Standard
List Price Offer applicable to businesses of same or similar nature as Buyer. This sub-clause shall survive termination of this
Agreement.
5.6 Payments may be made by check, wire transfer, direct debit or electronic data interchange (on terms reasonably
acceptable to both Parties), and notwithstanding anything to the contrary contained herein, must be received by the receiving
Party on or before the dates specified in Article II of the Offer. The address to which payments are to be made shall be as set
forth in the Offer. For Buyer to pay Seller other than by check, Buyer needs to obtain required information / agreements with
Seller. If Buyer fails to pay the invoiced amount to Seller by the Due Date, and such amount is not disputed as provided in
Section 5.3 the undisputed invoiced amount will accrue interest at the rate of 12% per year, and, in addition, Seller may pursue,
but is not required to pursue, available legal remedies for collection of the unpaid invoice and late-payment interest charges,
including termination of the Agreement in accordance with the procedures set forth in Article VII.
5.7 In the event Buyer ever takes electricity exceeding the Maximum kW for each Premise(s), each time it does so Buyer shall
pay the Over Capacity Charges as stated in the applicable Price Sheet. "Maximum kW' for each Premise is set forth on
Exhibit "A", and shall be recorded at the TDSP Point of Delivery.
5.8 Buyer agrees that it shall abide and be bound by the Agreement through the end of the Agreement Term and shall not, during
the Agreement Term, claim any right to pricing based upon the Price to Beat. "Price to Beat" shall rtlean a price for electricity, as
determined pursuant to the Public Utility Regulatory Act, Section 39.202, charged by an affiliated retail electric provider to eligible
customers.
VI. METERING EQUIPMENT.
6.1 The supply of electricity to Buyer at the TDSP Delivery Point(s) shall be measured by Metering Equipment. "Metering
Equipment" herein shall mean any and all equipment required for the measurement of demand, energy, reactive demand or
reactive energy and the times during which said demand or energy is consumed. Unless the accuracy of the Metering
Equipment is disputed by notice given by either Party to the other the Metering Equipment shall be deemed to be accurate. If
notice is given (unless otherwise agreed) the Metering Equipment shall be examined within a reasonable period by the TDSP
in accordance with the applicable Substantive Rules of the PUCT. If such test finds that the inaccuracy of the registration of
kWh or kW at normal loads exceeds that allowed by ANSI standard C.12, suitable adjustment shall be made in the accounts
rendered by Seller, and, within a reasonable period following that determination, the Metering Equipment shall be re-calibrated
or replaced by the entity that installs, validates, registers, and maintains the physical meter required on a Premise to measure
customer usage. If such test finds the Metering Equipment to be accurate within the said limits, the Metering Equipment shall
be deemed to be accurate and the cost of moving, testing, and replacing the Metering Equipment shall be paid by the Party
e
e
who issued the notice. If it is discovered that any reading of the Metering Equipment or translation of the readings into
charges have been incorrect then the amount of money due to and from Seller shall be paid forthwith.
6.2 If appropriate meter reading personnel cannot gain access to read the Metering Equipment, or the Metering Equipment fails
to register correctly the amount of electricity supplied, or the readings are not communicated to Seller in time for whatever reason,
Seller shall reasonably estimate the quantity of the electricity consumed and Buyer shall pay the charges for the estimate_d
amounts subject to any adjustments which may be necessary following the reading. Buyer shall notify Seller of any dispute or
query regarding the Metering Equipment made by the TDSP. Seller is not responsible for damage to the Metering Equipment
unless caused by Seller's negligence. -
VII . TERMINATION OF AGREEMENT.
7.1 A material breach of this Agreement includes: (a) the failure of either Party to make any payment due to the other Party
pursuant to the terms hereof, provided, however, that notwithstanding the foregoing or anything else to the contrary in this
Agreement, Supplier may not terminate this Agreement for non-payment by Buyer of an undisputed invoiced amount unless
the undisputed invoiced amount remains unpaid for thirty (30) days after the due date; (b) the failure of a Party to comply with
any other material term of this Agreement; (c) a Party becomes or declares that it is insolvent or bankrupt, or becomes or
declares that it is the subject of any proceedings, or is taking any action whatsoever, relating to its bankruptcy, liquidation or
insolvency, or is not generally paying its debts as they become due, (d) a Party fails to comply with any federal, state or local
law, regulation, rule or order that causes a material adverse affect upon this Agreement, either Party or either Party's
performance of its obligations described in this Agree'ment; (e) if Buyer enters into another electricity supply agreement for any
Premise(s) with another retail energy provider that covers any period during the Agreement Term; or (f) if Buyer, except as
provided in paragraphs 7.2 and 14.3 below, sells, leases, closes or otherwise conveys or assigns any Premise(s) in which the
electricity sold hereunder is utilized. If either Party commits a material breach of this Agreement, the non-breaching Party
shall give written notice to the breaching Party that describes the breach in reasonable detail ("Original Notice"). The non-
breaching Party may, in its sole discretion, and without prejudice to any other right under this Agreement, at law, or in equity,
terminate this Agreement (i) by providing an additional notice if the breaching Party does not pay all amounts due and owing
set forth in the Original Notice within ten calendar days of the date of the Original Notice, or (ii) effective immediately in the
Original Notice in the event the breach pertains to (c), (e), or (f) in this paragraph above, or (iii) by providing an additional
notice if the breaching Party fails to cure any breach other than one related to (a), (c), (e), or (f) in this paragraph above within
thirty calendar days of the date of the Original Notice.
7.2 (a) In the event Buyer sells, closes, or leases a particular Premise, without selling, closing, or leasing all of the
Premises, Buyer shall have the right to delete that particular Premise and the quantities of electricity attributable to that
Premise through the end of the Agreement Term (the "Liquidated Quantities") from this Agreement without terminating the
Agreement (a "Premise Buyout Option"). If Buyer desires to exercise a Premise Buyout Option with regard to a Premise,
Buyer shall notify Seller in writing at least thirty calendar days prior to the effective date. Upon the exercise of a Premise
Buyout Option, in the event a new owner of the applicable Premise (i) is willing to sign a new contract with Seller upon the
same terms and conditions as Buyer's contract, (ii) is deemed creditworthy by Seller, and (iii) the new owner and Seller can
legally enter into such a contract in accordance with the rules and regulations of the PUCT, then the Premise will be deleted
from this Agreement and neither Party will owe any compensation to the other. In the event that the new owner (i) is unwilling
to sign a contract with Seller upon the same terms and conditions, (ii) is not reasonably deemed creditworthy by Seller, or (iii)
the new owner and Seller cannot legally enter into the contract, then Buyer agrees to pay Seller the positive amount, if any,
calculated as follows: the Liquidated Quantities multiplied by (the price that Buyer would have paid for the Liquidated Quantities
through the end of the Agreement Term according to the applicable Price Sheet, minus 95.0% of the then current retail market
price). Buyer shall pay such amount, if any, to Seller within twenty days of the date of liquidation. Exhibit "A" shall be modified
to reflect the deletion of such Premise and its Liquidated Quantities, and all other terms and conditions of this Agreement shall
remain in full force and effect with respect to the remaining Premises.
(b) In the event Buyer reduces its operations at a Premise, Buyer shall have the right to delete the quantities of
electricity attributable to the reduction in operations at such Premise from the effective date of the reduction through the end of
the Agreement Term (the "Reduced Operations Liquidated Quantities") from this Agreement without terminating the
Agreement. If Buyer desires to exercise such right with regard to a Premise, Buyer shall notify Seller in writing at least thirty
calendar days prior to the effective date. Upon the exercise of such right, Buyer agrees to pay Seller the positive amount, if
any, calculated as follows: the Reduced Operations Liquidated Quantities multiplied by (the price that Buyer would have paid for
the Reduced Operations Liquidated Quantities through the end of the Agreement Term according to the applicable Price
Sheet, minus 95.0% of the then current retail market price for the liquidated quantities). Buyer shall pay such amount, if any, to
Seller within twenty days of the date of liquidation. Exhibit "A" shall be modified to reflect the deletion of the liquidated
quantities, and all other terms and conditions of this Agreement shall remain in full force and effect.
(c) Both Parties will work in good faith during the Agreement Term to reasonably accommodate and assist Buyer with
the management of its electricity needs at the Premises. Since it is not possible to foresee the evolution of the deregulated
power industry in Texas, various reasonable options for Buyer to achieve this are evolving and under development by Seller.
For example, if Buyer desires to contract for additional electricity, both Parties will work in good faith to mutually agree upon
the terms and conditions that are economically viable to both Parties. However, notwithstanding the previous language,
e
e
nothing contained herein shall be construed as to deny or diminish the economic benefit of this Agreement to either Party, and
neither Party shall be under any obligation whatsoever to agree to a modification that would have such result.
7.3 (a) In the event that this Agreement is terminated by Seller pursuant to Section 7.1,...the Parties agree, that in addition
to all amounts Buyer may owe Seller prior to the termination, Seller's damages shall be the positive amount, if any, calculated as
follows: (all remaining unpurchased quantities of electricity reflected on Exhibit "A" through the end of the Agreement Term)
multiplied by (the price that Buyer would have paid for the unpurchased quantities through the end of the Agreement Term
according to the applicable Price Sheet, minus the current retail market price for the unpurchased quantities at the time of
termination) plus (all reasonable costs and expenses incurred by Seller). Such amount shall be immediately due and payable
within thirty calendar days following such termination. The current retail market price in this instance shall mean the price that
Seller would reasonably be able to obtain from a bona-fide third party if entering into a contract with another customer for the
unpurchased quantities, and for the remaining term after the Early Termination Date through the end of the Agreement Term.
Seller shall have a duty to use commercially reasonable efforts to mitigate its damages.
(b) In the event that this Agreement is terminated by Buyer pursuant to Section 7.1..,the Parties agree, that in addition
to all amounts Seller may owe Buyer prior to the termination, Buyer's damages shall be the positive amount, if any, calculated as
follows: (all remaining unpurchased quantities of electricity reflected on Exhibit "A" through the end of _the Agreement Term)
multiplied by (the current retail market price for the unpurchased quantities at the time of termination, minus the price that Buyer
would have paid for the unpurchased quantities through the end of the Agreement Term according to the applicable Price
Sheet) plus (all reasonable costs and expenses incurred by Buyer). Such amount shall be immediately due and payable within
thirty calendar days following such termination. The current retail market price in this instance shall mean the price Buyer would
have to pay if entering into a contract with another Retail Electric Provider ("REP") for the same quantities, and for the
remaining term after the Early Termination Date through the end of the Agreement Term. The price offered by the POLR, or
any REP's Standard List Price Offer, shall not be used to calculate Buyer's damages. Buyer shall have a duty to use
commercially reasonable efforts to mitigate its damages.
7.4 Buyer may terminate this Agreement, on a prospective basis, in the event of non-appropriation of funding for this
Agreement by Buyer's Governing Body. Buyer agrees, to the full extent allowed by Texas law, that if any funds are
appropriated for electricity costs, such funds shall be applied first to the cost of electricity provided pursuant to this Agreement.
Buyer agrees to notify the REP in writing of such non-appropriation at the earliest practicable time subsequent to the failure to
appropriate, and as of Buyer's termination date, Seller shall have no further duty to supply Electricity to Buyer and shall move
service for the Accounts to the POLR as established by the PUCT on the date of termination for non-appropriation.
VIII. FORCE MAJEURE. If either Party is unable to perform its obligations in whole or in part due to an event of force
majeure as defined herein, then the obligations of the affected Party shall be suspended to the extent made necessary by
such event. The term "force majeure" means any cause not within the control of the Party claiming relief, including, but not
limited to, Acts of God, including magnetic disturbances but not including extremes of temperature alone; arrests, orders,
directives, restraints and requirements of the government and governmental agencies, either federal or state (excluding
Buyer), civil or military; civil disorder; strikes or labor disputes; failure, repair or change of or obstruction in electric power lines,
equipment or machinery; the failure of the TDSP to receive, transport, or deliver, or otherwise perform, unless due to the
failure of the Party claiming force majeure to perform such Party's obligations hereunder; an event of force majeure of Seller's
supplier(s) or with Buyer's electrical equipment at Buyer's Premises; or any other cause which by the exercise of reasonable
diligence such Party could not have prevented or is unable to overcome. Any such event of force majeure shall, so far as
possible, be remedied with all reasonable dispatch. It is understood and agreed that the settlement of strikes or lockouts will
be entirely within the discretion of the Party having the difficulty, and that the above requirement of the use of diligence in
restoring normal operating conditions will not require the settlement of strikes or lockouts by acceding to the terms of the
opposing party when such course is inadvisable in the discretion of the Party having the difficulty. Neither financial distress
nor the inability of either Party to make a profit or avoid a financial loss shall be deemed a force majeure event, nor shall (i)
changes in the market prices of fuel, energy, or electricity, -or (ii) a Party's financial inability to perform its obligations under this
Agreement, constitute an event of Force Majeure hereunder.
IX. WARRANTIES AND LIMITATIONS OF LIABILITIES.
9.1 Seller hereby warrants to Buyer that at the time of delivery of electricity hereunder it will have good title and/or the right to
sell such electricity, and that such electricity will be free and clear of all liens and adverse claims. Title will pass to Buyer at
the TDSP Point of Delivery. EXCEPT AS PROVIDED FOR IN THE FIRST SENTENCE OF THIS PARAGRAPH, SELLER
EXPRESSLY DISCLAIMS AND MAKES NO WARRANTIES, WHETHER WRITTEN OR VERBAL, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS, IMPLIED, OR STATUTORY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9.2 Unless otherwise expressly provided herein, any liability under this Agreement will be limited to direct actual damages as
the sole and exclusive remedy, and all other remedies or damages at law or in equity are waived. Neither Party will be liable
for consequential, incidental, punitive, exemplary or indirect damages, including lost profits or other business interruption
damages, whether in tort or contract, under any indemnity provisions or otherwise in connection with this Agreement. The
limitations imposed on remedies and damage measurement will be without regard to cause, including negligence of any Party,
e
e
whether sole, joint, concurrent, active or passive; provided no such limitation shall apply to damages resulting from the willful
misconduct or gross negligence of any Party.
X. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed to be
delivered when deposited in the United States mail (first class, registered or certified), postage prepaid, when deposited with
an overnight delivery service, prepaid to the applicable Buyer's address shown in the attached Exhibit "A", and Seller's
address as shown in the Offer, or to such address as either Party may from time to time designate as the address, or in the
case of hand delivery, when delivered to a representative of either Party by a representative of the other Party; provided,
however, except for payments of amounts due hereunder, either Party may provide such items hereunder by electronic mail or
facsimile to the other Party at the applicable telephone number shown on the current Offer, and further provided, the original
copy of such item shall be sent to the other Party within three business days thereafter.
XI. APPLICABLE LAW AND REGULATIONS.
11.1 This Agreement is subject to all applicable laws, regulations, rules and orders.
11.2 In the event a judicial decision, order, new law or regulation, or a change in any law or regulation, requires a change in
the method by which prices are calculated under this Agreement, or materially and directly affects a Party's ability to perform
its obligations hereunder, then the Party that is negatively affected shall have the right to notify the other Party, within thirty
calendar days after becoming aware of such detrimental change. The Parties shall attempt to negotiate a modification to the
terms of this Agreement so as to mitigate the impact of the event. If, after twenty calendar days beyond the date of notice, the
Parties have been unable to negotiate a mutually satisfactory modification to the terms of this Agreement, either Party shall
have the right to terminate this Agreement upon ten calendar days prior written notice to the other Party. If such right to
terminate is not exercised within forty-five calendar days after the date of the original notice hereunder, then the right to
terminate this Agreement shall be waived with respect to the particular event.
11.3 Seller agrees to maintain all necessary certifications and comply with all necessary PUCT and/or ERCOT requirements
in order to perform its obligations under this Agreement.
11.4 Notwithstanding anything contained in this Agreement, Buyer shall not attempt to utilize, under the provisions of this
Section XI or Section VIII, or in any other manner, its inherent powers as a political subdivision of the State of Texas in order
to circumvent in any way the terms and provisions of this Agreement or the intent of this Agreement.
XII. FAILURE OR TEMPORARY DISCONTINUANCE OF SUPPLY.
12.1 The supply of electricity may be disconnected in the event of Force Majeure in respect of this Agreement; or if at TDSP's
discretion it is necessary to do so for any of the following reasons: (a) to avoid danger; or because failure to disconnect the
supply of electricity would or might involve TDSP being in breach of applicable regulations or laws; or to avoid interference
with the supply of electricity to another person which TDSP reasonably believes may be caused or result from Buyer's
equipment or device used at the Premise(s); or to enable TDSP or TDSP's representatives to inspect, maintain or repair any
part of the equipment or the Distribution System; or in case of accident or other emergency affecting or likely to affect the
Distribution System or any other system through which (directly or indirectly) Seller or TDSP receives or supplies electricity; or
(b) because Buyer's electric connections or systems are deemed by TDSP to present a hazard.
12.2 In the evenUhat the supply of electricity to Buyer's Premises is interrupted due to the material breach by Seller of its
contractual obligations under this Agreement and not due to (i) a force majeure event, (ii) as provided in paragraph 12.1
above, or (iii) the failure of Buyer to comply with its obligations under this Agreement, then, in the event Buyer is required to
purchase replacement electricity from a third party during such interruption, Seller shall be liable for the positive amount, if
any, calculated as follows: the quantities so interrupted by Seller multiplied by [the then current retail market price (or the POLR
price if Buyer was unable to purchase electricity from another retail electricity provider) minus, the contracted price from the
applicable Price Sheet].
XIII. RESPONSIBILITY.
13.1 Buver Responsibilitv. Buyer assumes full responsibility for electric energy furnished to Buyer at and on Buyer's side of
the Point of Delivery, and agrees, to the full extent allowed by law, to hold harmless Seller, its parent company and all of its
affiliates, and all of their respective officers, directors, shareholders, associates, employees, servants, and agents (hereinafter
collectively referred to as "Seller Group"), from and against all claims, losses, expenses, damages, demands, judgments,
causes of action, and suits of any kind (hereinafter collectively referred to "Claims"), including Claims for personal injury,
death, or damages to property occurring on Buyer's side of the Point of Delivery and upon the Premise(s), arising out of or
related to the electric power and energy and/or Buyer's performance under the Agreement.
13.2 Seller Responsibilitv. Buyer acknowledges and understands that (i) Seller never obtains physical possession or control of
the electricity, (ii) Seller does not own nor have control of the electric transmission wires and equipment, and that they are
owned and/or controlled by the TDSP, (iii) all meter reading, and repair services will be provided by employees or agents of .
the TDSP, (iv) all responsibilities and liabilities of the TDSP are set forth in the tariff regulations as approved by the PUCT, and
(v) the employees and agents of the TDSP are not employees or agents of Seller. Seller shall not have any obligation
e
e
whatsoever to indemnify, defend, nor hold harmless Buyer, its parent company and all of its affiliates, and all of their
respective officers, directors, shareholders, associates, employees, servants, and agents (hereinafter collectively referred to
as "Buyer Group"), against any Claims, on either side of the Point of Delivery, arising out of or in any way related to the
electricity and/or the delivery thereof, including, without limitation, the actions of the TDSP and its employees and agents,
except in the event, and only in the event, that such Claims are the direct result of the sole negligence and/or intentionally
wrongful act of an employee, or agent under the exclusive control, of Seller.
XIV. MISCELLANEOUS. _
14.1 TDSPs. Buyer and Seller agree to all terms and conditions (adopted pursuant to statutes, regulatiQn~ or other lawful
authority) of the TDSPs that provide electricity delivery services to the Premise(s) or other Buyer facilities, which may from
time to time be amended, are made part of this Agreement.
14.2 Choice of Law: Venue. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCOROANCE WITH THE
LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY CONFLICTS OF LAW PRINCIPLES WHICH
OTHERWISE MIGHT BE APPLICABLE.
14.3 Assianment. In the event that Buyer_conveys legal title to all of the Premises to the same entity, Buyer may request from
Seller the right to assign its rights and obligations under the Agreement to the new owner of the Premises, and in such event,
Seller shall not unreasonably withhold its consent. Any purported assignment without Seller's prior written consent shall be null
and void. Buyer shall not have any right whatsoever to assign this Agreement to any party that is not the owner of all of the
Premises, and any purported assignment shall be null and void. Seller may assign this Agreement to another party, with the
prior written consent of Buyer, which consent shall not be unreasonably withheld. Any purported assignment without Buyer's
prior written consent shall be null and void. This Agreement shall inure to and be binding upon the Parties hereto, and their
respective successors and assigns.
14.4 -Entiretv of Aareement. It is the intention of the Parties that the Agreement shall contain all terms, conditions, and
protections in any way related to, or arising put of, the sale and purchase of the electricity, and supersedes all prior
agreements, whether written or oral. It is also the intention of the Parties to agree to terms of service different than those that
would otherwise apply under the Substantive Rules of the Public Utility Commission of Texas "Customer Protection Rules for
Retail Electric Service", Sections 25.471 - 25.485, and 25.491 - 25.492. The Parties expressly acknowledge that certain
terms, conditions, and protections addressed in such sections 25.472 - 25.485, and 25.491 - 25.492 may not be provided for
or referred to in this Agreement, and, in such event, it is the intent of the Parties that such terms, conditions, and protections
are not applicable to the Parties. Neither Party may assert any claim that any term, condition, and/or protection contained in
Sections 25.472 - 25.485 and 25.491 - 25.492 of the Rules is inconsistent with any term, condition, and/or protection
contained in the Agreement and, therefore, applies to the Parties. This Agreement may not be modified or amended except in
writing, duly executed by the Parties hereto. Buyer warrants that the information supplied by it pursuant to this Agreement is
true and shall remain so throughout the term of the Agreement unless varied by agreement.
14.5 Waiver of Riahts. A waiver by either Party of any breach of this Agreement, or the failure of either Party to enforce any
of the terms and provisions of this Agreement, will not in any way affect, limit or waive that Party's right to enforce and compel
strict compliance with the same or other terms or provisions of this Agreement.
14.6 Third Partv Riahts. Nothing in this Agreement shall create, or be construed as creating, any express or implied rights in
any person or entity other than the Parties.
14.7 Survival. No termination or cancellation of this Agreement will relieve either Party of any obligations under this
Agreement that by their nature survive such termination or cancellation, including, but not limited to, all warranties and
obligations of indemnity.
14.8 Further Assurances. Buyer and Seller agree to provide such information, execute and deliver any instruments and
documents and to take such other actions as may be necessary or reasonably requested by the other Party which are not
inconsistent with the provisions of this Agreement and which do not involve the assumptions of obligations other than those
provided for in this Agreement, in order to give full effect to this Agreement and to carry out the intent of this Agreement.
14.9 Distribution System. Distribution System herein shall mean any system for the distribution of electricity through which
the electricity to be provided by Seller to Buyer is provided or passed to the Premise(s). Seller's obligations under this
Agreement are subject to the maximum capacity and any other design feature of Buyer's Premise or Connection. Buyer shall
contact Seller in accordance with all applicable legal requirements, and otherwise reasonably in advance, if Buyer proposes to
make any significant change to Buyer's connection, electric lines or electrical equipment, install or operate generating
equipment or do anything else that could affect the Distribution System or require alterations to Buyer's Connection. Each of
the Parties undertakes to comply with Buyer's TDSP's Tariff for Distribution Service~
14.10 Deliverv of Electricitv. Seller does not guarantee against irregularities or interruptions, it being understood that
occasional irregularities and interruptions by the TDSP may occur. Buyer is responsible for installing and maintaining
protective devices as recommended or required by the then current edition of the National Electric Code and other such
e
e
devices as are necessary to protect equipment or process during irregular or interrupted service including, but not limited to
voltage and wave form irregularities.
14.11 -Confidentiality. Seller acknowledges that Buyer is a governmental body that is subject to public information laws,
including Chapter 552 of the Texas Government Code, which requires Buyer to release any information that is defined as or
deemed to be public (the "Public Information Statutes"). Subject to any Public Information Statute or related order, rule or
regulation requiring disclosure, Seller and Buyer agree to keep all terms and provisions of this Agreement confidential and not _
to disclose the terms of the same to any third parties; provided, however, each Party shall have the right to make such
disclosures, if any, to governmental agencies and to its own agents, attorneys, auditors, accountants and shareholders as may
be reasonably necessary. If disclosure is sought through process of a court, or a state or fecferal regulatory agency, the Party
from whom the disclosure is sought shall resist disclosure through all reasonable means and shall immediately notify the other
Party to allow it the opportunity to participate in such proceedings.
14.12 Resale of Seller's Electric Service. Buyer may not use supply of electricity provided by Seller except for the purpose
specified in the Price Sheet under which Buyer receives supply of electricity. Buyer may not resell or otherwise dispose of
supply of electricity unless as provided by statute or as specifically provided for in the Price Sheet.
14.13 Authorization. At such time as executed Offer and Price Sheet(s) are attached hereto, Buyer authorizes Seller to
become Buyer's new retail electric provider in place of Buyer's current retail electric provider for the duration of the Agreement
Term set forth in the Offer. Buyer authorizes Seller to act as Buyer's agent to effect the change, and Buyer directs its current
retail electric provider to work with Seller to make this change happen. Buyer represents to Seller that Buyer is legally
authorized to change the retail electric provider for all of the Premises.
14.14 Severability. If any portion of this Agreement, or application thereof to any person or circumstance, shall be held legally
invalid, the remainder snail not be affected and shall be valid and enforced to the fullest extent permitted by law or equity.
14.15 Aooreoator Fees. Seller shall bill and collect from Buyer for HGAC Energy Purchasing Corporation ("HGAC")
Aggregation Fees with respect to the purchase of Electricity under these Terms and Conditions ("Aggregation Fees"). Seller_
shall remit all Aggregation Fee collections received during each calendar month to HGAC on or before the twentieth (20th)
Business Day of the following calendar month. Payments received from Buyer shall be deemed to be payments of Seller and
TDSP charges then due, then of the Aggregation Fee.
14.16 Aooreoator Review. Buyer understands and acknowledges that any deviations from the standard Terms and
Conditions for Supply of Electricity negotiated by HGAC on behalf of Buyer shall be subject to the prior review and consent of
the HGAC.
14.17 Buyer is a Member of the HGAC Energy Purchasing Corporation. Seller is basing the indicative price on the attached
price sheet upon assumptions as to the aggregated load and associated load factor of all Members of the Corporation. A
condition precedent to the effectiveness of this Agreement is satisfaction of certain load and load factor criteria as agreed to
between Seller and the HGAC Energy Purchasing Corporation. In the event that such criteria, as established in Section 1.b of
the Agreement between H-GAC Energy Purchasing Corporation and TXU Energy Services, are not satisfied, then Seller shall
not sign this Agreement and it shall be null and void ab initio.
14.18 Buyer shall notify seller of any ESls that have any significant load shifting- capabilities so Seller may offer multipart
pricing for that Premise.
The Parties have signed this Terms{ and Conditions for Supply of Electricity document, acknowledging their
agreement to its provisions as of ~ 1- '1/ ,200L '
c /"/1 ();= LA f'JP!e / E
By: a~ T. \\~
Name: !? () b~ -r: lirrertL
Title: e..., ~ J1 a n tl. 5 .fb(
Date: I i/~/ () I
"Buyer"
TXU ENERGY SERVICES COMPANY
U~ /$/2-r'fifttl
7
Name: ~[)n A P. \l'Jc(J' .'L
5e{\'.Oi ~;\P(~r
/2 - //-cJ(
By:
Title:
Date:
"Seller"
Account 1-4QV2 City of La Porte Plan ID 1-8CGC7
Est. Load Factor: 53.1% Plan Type: Flat
Flat Contract kWh: 19,012,428 TeU Type:
TeU Contract kWh:Period 1: 19,012,428 Period 2 Period 3: Period 4:
- -
TOSP: REL TO
e
~ .
I l;3'(.
! ; I'd':;
I
.. - .
10089010016113 City of La Porte HGAC 10428 W MAIN ST La Porte HOUSTON 9111 N
90173100 02
016113901732 TX 77571
10089010016113 City of La Porte HGAC 10341 W MAIN ST La Porte HOUSTON 9111 N
90400100 02
016113904008 TX 77571
10089010016114 City of La Porte HGAC 10340 W MAIN ST La Porte HOUSTON 9111 N
10500100 02
016114105001 TX 77571
_089010016114 City of La Porte HGAC 10200 W MAIN ST La Porte HOUSTON 9111 N
600100 02
016114306002 TX 77571
10089010016114 City of La Porte HGAC 10247 W MAIN ST La Porte HOUSTON 9111 N
40069100 02
016114400698 TX 77571
10089010016117 City of La Porte HGAC 10220 HILLRIDGE La Porte HOUSTON 9111 N
39370100 RD 02
016117393701 TX 77571
Report Generated for JPARKER on 1/15/2002
Contract Start Date 01/01/02
Contract End Date: 12/31/03
Primary Term: 24
TeU Total kWh 19,012,428
- - -
I I
,~, _ ,,,,-.,,,
.."- <-- ."
~I, ,
"
"L.
N N ERCOT 20
N N ERCOT
N N ERCOT
N N ERCOT
N N ERCOT
N N ERCOT 134
Page 1 of 11
10089010016117 City of La Porte HGAC 10216 HILLRIDGE La Porte
39380100 RD
016117393804 TX 77571
10089010016117 City of La Porte HGAC 10215 HILLRIDGE La Porte
89495100 RD
016117894951 TX 77571
10089010016117 City of La Porte HGAC 10211 HILLRIDGE La Porte
89500100 RD
016117895002 TX 77571
10089010036120 City of La Porte HGAC 1050 ROBINSON La Porte
91000100 RD
036120910002 TX 77571
'089010036124 City of La Porte HGAC 10502 N P La Porte
7900100 036124279008 TX 77571
10089010036124 City of La Porte HGAC 10105 N L ST La Porte
32010100 036124320101 TX 77571
10089010036124 City of La Porte HGAC 10110NLST La Porte
46140100 036124461402 TX 77571
10089010036124 City of La Porte HGAC 10428 N L ST La Porte
48795100 036124487952 TX 77571
10089010096233 City of La Porte HGAC 10229 FAIRMONT La Porte
32750100 PKY 1
096233327501 TX 77571
.089010216322 City of La Porte HGAC 105 N La Porte
930100 BROADWAY ST
216322629308 TX 77571
10089010238001 City of La Porte HGAC 10210 N P La Porte
96680100 238001966801 TX 77571
10089010238009 City of La Porte HGAC 10100 N P La Porte
99510100 238009995101 TX 77571
Report Generated for JPARKER on 1/15/2002
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
N
N
N
N
N
N
N
N
N
N
N
N N ERCOT 16
N N ERCOT
N N ERCOT 64
N N ERCOT
N N ERCOT 8
N N ERCOT
N N ERCOT 25
N N ERCOT
N N ERCOT 35
N N ERCOT 192
N N ERCOT 17
N N ERCOT 120
- -
Page 2 of 11
N
10089010238029 City of La Porte HGAC 101 N La Porte
85890100 BLACKWELL ST
238029858901 TX 77571
10089010238032 City of La Porte HGAC 10431 W MAIN ST La Porte
62330100 A
238032623301 TX 77571
10089010238032 City of La Porte HGAC 10300 N P La Porte
95450100 238032954501 TX 77571
10089010238035 City of La Porte HGAG 103281/2 W MAIN LA PORTE
36710100 ST
238035367101 TX 77571
t89010238065 City of La Porte HGAC 10216 HILLRIDGE La Porte
5620100 RDA
238065556201 TX 77571
10089010238084 City of La Porte HGAC 10131 W MAIN ST La Porte
61510100 A
238084615101 TX 77571
10089010238103 City of La Porte HGAC 1001 S 4TH La Porte
89300100 238103893001 TX 77571
10089010016113 City of La Porte HGAC 11903 W MAIN ST La Porte
70009100 016113700092 TX 77571
10089010016113 City of La Porte HGAC 125 S 25TH La Porte
70025100 016113700251 TX 77571
.89010016113 City of La Porte HGAC 11850 N D ST La Porte
50100 016113743501 TX 77571
10089010016113 City of La Porte HGAC 10715 W MAIN ST La Porte
88049100 016113880491 TX 77571
10089010036120 City of La Porte HGAC 11033 HOUSTON La Porte
86334100 DR
036120863348 TX 77571
- -
Report Generated for JPARKER on 1/15/2002
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
N
N
N
N
N
N
N
N
N
N
N
N N ERCOT
N N ERGOT
N N ERCOT 67
N N ERCOT
N N ERGOT
N N ERCOT
N N ERCOT
N N ERCOT
N N ERCOT 288
N N ERCOT
N N ERCOT 32
N N ERCOT
- -
Page 3 of 11
N
10089010036123 City of La Porte HGAC 11550 N P La Porte
02600100 036123026002 TX 77571
10089010036123 City of La Porte HGAC 10530 N P La Porte
46350100 036123463508 TX 77571
10089010036124 City of La Porte HGAC 10825 N L ST La Porte
74165100 036124741652 TX 77571
10089010036124 City of La Porte HGAC 11850 N L ST La Porte
91300100 036124913002 TX 77571
~89010036124 City of La Porte HGAC 11540 N L ST La Porte
1900100 036124919002 TX 77571
10089010036125 City of La Porte HGAC 11240 N L ST La Porte
06700100 036125067002 TX 77571
10089010036125 City of La Porte HGAC 10822 N L ST La Porte
32050100 036125320501 TX 77571
10089010036125 City of La Porte HGAC 11416 N AVENUE La Porte
62000100 H
036125620002 TX 77571
10089010116304 City of La Porte HGAC 1231 S 8TH La Porte
61740100 116304617408 TX 77571
.89010116304 City of La Porte HGAC 1301 S 4TH A La Porte
10100 116304621108 TX 77571
10089010116304 City of La Porte HGAC 1301 S 4TH La Porte
62115100 116304621158 TX 77571
10089010206318 City of La Porte HGAC 111 S 4TH RR La Porte
84025100 206318840251 TX 77571
-
Report Generated for JPARKER on 1/15/2002
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
N
N
N
N
N
N
N
N
N
N
N
N N ERCOT
N N ERCOT
N N ERCOT
N N ERCOT
N N ERCOT
N N ERCOT
N N ERCOT 12
N N ERCOT
N N ERCOT
N N ERCOT 17
N N ERCOT 557
N N ERCOT
- -
Page 4 of 11
N
10089010206318 City of La Porte HGAC 120 S 2ND La Porte
91850100 206318918502 TX 77571
10089010206318 City of La Porte HGAC 128 S 2ND La Porte
91870100 206318918701 TX 77571
10089010238002 City of La Porte HGAC 12201 N CST La Porte
08950100 238002089501 TX 77571
10089010238022 City of La Porte HGAC 12203 N CST La Porte
29510100 238022295101 TX 77571
.89010238029 City of La Porte HGAC 12000 N L ST La Porte
750100 238029467501 TX 77571
10089010238039 City of La Porte HGAC 10530 N P La Porte
57830100 238039578301 TX 77571
10089010238081 City of La Porte HGAC 1300 N La Porte
39360100 SA YSHORE
238081393601 TX 77571
10089010238097 City of La Porte HGAC 111 S 2ND La Porte
77440100 238097774401 TX 77571
10089010238017 City of La Porte HGAC 1131 S 1ST La Porte
89320100 238017893202 TX 77571
.89010016112 City of La Porte HGAC 1309 N 16TH ST La Porte
00100 016112635001 TX 77571
10089010016113 City of La Porte HGAC 201 1/2 N 16TH La Porte
50996100 ST
016113509961 TX 77571
10089010016113 City of La Porte HGAC 2963 23RD La Porte
64900100 016113649008 TX 77571
- -
Report Generated for JPARKER on 1/15/2002
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
N
N
N
N
N
N
N
N
N
N
N
N N ERCOT 5
N N ERCOT 48
N N ERCOT 25
N N ERCOT 45
N N ERCOT
N N ERCOT 54
N N ERCOT
N N ERCOT
N N ERCOT 90
N N ERCOT
N N ERCOT
N N ERCOT 34
- -
Page 5 of 11
N
10089010036124 City of La Porte HGAC 1523 LOMAX La Porte
28200100 SCHOOL RD
036124282002 TX 77571
10089010036124 City of La Porte HGAC 1525 LOMAX La Porte
28265100 SCHOOL RD
036124282652 TX 77571
10089010036125 City of La Porte HGAC 2004 LOMAX La Porte
33800100 SCHOOL RD
036125338001 TX 77571
10089010036126 City of La Porte HGAC 1724 N HIGHWAY La Porte
24200100 146
036126242008 TX 77571
.89010116303 City of La Porte HGAC 2601 S La Porte
40000100 BROADWAY ST
116303400001 TX 77571
10089010116303 City of La Porte HGAC 1900 S R ST C La Porte
75370100 116303753701 TX 77571
10089010116304 City of La Porte HGAC 200WP La Porte
62800100 116304628008 TX 77571
10089010206319 City of La Porte HGAC 2091/2 E G ST La Porte
02585100 206319025851 TX 77571
10089010238001 City of La Porte HGAC 200 S R ST La Porte
15750100 238001157501 TX 77571
.089010238002 City of La Porte HGAC 201 S R ST La Porte
950100 238002359501 TX 77571
10089010238004 City of La Porte HGAC 301 La Porte
01110100 FARRINGTON
238004011101 TX 77571
10089010238018 City of La Porte HGAC 1609 LOMAX La Porte
40470100 SCHOOL RD A
238018404701 TX 77571
- -
Report Generated for JPARKER on 1/15/2002
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
N
N
N
N
N
N
N
N
N
N
N
N N ERCOT 4
N N ERCOT 28
N N ERCOT 30
N N ERCOT
N N ERCOT
N N ERCOT 128
N N ERCOT 19
N N ERCOT 25
N N ERCOT 68
N N ERCOT 56
N N ERCOT
N N ERCOT
- -
Page 6 of 11
N
10089010238019 City of La Porte HGAC 1322 S La Porte
42710100 BROADWAY ST
238019427101 TX 77571
10089010238035 City of La Porte HGAC 16251/2 W MAIN La Porte
14640100 ST
238035146401 TX 77571
10089010238036 City of La Porte HGAC 19251/2 W MAIN La Porte
98500100 ST
238036985001 TX 77571
10089010238053 City of La Porte HGAC 1302 S La Porte
40470100 BROADWAY ST
238053404702 TX 77571
_89010238056 City of La Porte HGAC 201 WHARTON La Porte
07840100 WEEMS BLVD
238056078401 TX 77571
10089010238055 City of La Porte HGAC 301 N 5TH La Porte
21310100 238055213101 TX 77571
10089010016117 City of La Porte HGAC 3540 La Porte
35850100 FARRINGTON
016117358531 TX 77571
10089010016117 City of La Porte HGAC 3550 La Porte
35860100 FARRINGTON
016117358602 TX 77571
10089010096233 City of La Porte HGAC 3822 La Porte
30793100 COTTONWOOD
096233307931 DR TX 77571
.89010106241 City of La Porte HGAC 3700 SUNRISE La Porte
00100 DR
106241263005 TX 77571
10089010106301 City of La Porte HGAC 3215 BAYOU DR La Porte
44325100 RR
106301443254 TX 77571
10089010116303 Gity of La Porte HGAG 3030 La Porte
06901100 HUMPHREVILLE
116303069019 ST TX 77571
- -
Report Generated for JPARKER on 1/15/2002
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
N
N
N
N
N
N
N
N
N
N
N
N N ERCOT 297
N N ERCOT
N N ERCOT
N N ERGOT 29
N N ERGOT
N N ERGOT
N N ERGOT 230
N N ERCOT
N N ERGOT 55
N N ERGOT
N N ERGOT 18
N N ERGOT 92
- -
Page 7 of 11
N
10089010206319 City of La Porte HGAC 326 SAN La Porte
01815100 JACINTO DR
206319018151 TX 77571
10089010206945 City of La Porte HGAC 3326 SOMERTON La Porte
31475100 DR
206945314754 TX 77571
10089010216322 City of La Porte HGAC 332 N 4TH La Porte
86390100 216322863901 TX 77571
10089010238007 City of La Porte HGAC 322 N 4TH La Porte
67500100 238007675002 TX 77571
'089010238029 City of La Porte HGAC 3540 La Porte
0970100 FARRINGTON B
238029809701 TX 77571
10089010238039 City of La Porte HGAC 3324 SOMERTON La Porte
58060100 DR
238039580601 TX 77571
10089010238040 City of La Porte HGAC 3231 La Porte
69310100 UNDERWOOD
238040693101 RDA TX 77571
10089010238044 City of La Porte HGAC 3406 La Porte
25040100 UNDERWOOD
238044250401 RD TX 77571
10089010238044 City of La Porte HGAC 31221/2 La Porte
27550100 UNDERWOOD
238044275501 RD TX 77571
.89010206945 City of La Porte HGAC 3717 LUELLA La Porte
00100 BLVD
206945268009 TX 77571
10089010026118 City of La Porte HGAC 3209 La Porte
74030100 UNDERWOOD
026118740301 RD TX 77571
10089010238085 City of La Porte HGAC 701 LITTLE La Porte
58390100 CEDAR BAYOU
238085583901 DRA TX 77571
-
Report Generated for JPARKER on 1/15/2002
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
N
N
N
N
N
N
N
N
N
N
N
N N ERCOT
N N ERCOT 10
N N ERCOT 38
N N ERCOT 40
N N ERCOT 101
N N ERCOT
N N ERCOT 22
N N ERCOT
N N ERCOT
N N ERCOT 128
N N ERCOT
N N ERCOT
- -
Page 8 of 11
N
10089010026118 City of La Porte HGAC 54051/2 STONE La Porte
77277100 CREEK DR
026118772771 TX 77571
10089010026118 City of La Porte HGAC 9800 N AVENUE La Porte
79580100 H
026118795808 TX 77571
10089010036124 City of La Porte HGAC 9820 N P La Porte
13010100 036124130108 TX 77571
10089010106241 City of La Porte HGAC 3840 OLD La Porte
15900100 HIGHWAY 146
106241159005 TX 77571
~089010116303 City of La Porte HGAC 702 MC CASE RD La Porte
6205100 116303262051 TX 77571
10089010116303 City of La Porte HGAC 775 S R ST La Porte
75950100 116303759501 TX 77571
10089010116303 City of La Porte HGAC 528N La Porte
81650100 SAYSHORE
116303816503 TX 77571
10089010116304 City of La Porte HGAC 430 W FAIRMONT La Porte
36020100 PKY RR
116304360208 TX 77571
10089010116304 City of La Porte HGAC 604 W FAIRMONT La Porte
48900100 PKY
116304489008 TX 77571
.89010116304 City of La Porte HGAC 604 1/2 W La Porte
05100 FAIRMONT PKY
116304489058 TX 77571
10089010206319 City of La Porte HGAC 526 SAN La Porte
02285100 JACINTO DR
206319022851 TX 77571
10089010206945 City of La Porte HGAC 8610 SANDRIDGE La Porte
31320100 RD
206945313202 TX 77571
-
Report Generated for JPARKER on 1/15/2002
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
N
N
N
N
N
N
N
N
N
N
N
N N ERCOT
N N ERCOT
N N ERCOT
N N ERCOT
N N ERCOT
N N ERCOT
N N ERCOT 160
N N ERCOT 192
N N ERCOT 173
N N ERCOT
N N ERCOT 36
N N ERCOT 144
- -
Page 9 of 11
N
10089010206945 City of La Porte HGAC 9209 BELFAST La Porte
38598100 RD
206945385982 TX 77571
10089010216322 City of La Porte HGAC 531 N 5TH La Porte
94720100 216322947208 TX 77571
10089010238000 City of La Porte HGAC 600 LITTLE La Porte
97690100 CEDAR BAYOU
238000976901 DR TX 77571
10089010238005 City of La Porte HGAC 617 La Porte
43240100 SHOREACRES
238005432401 BLVD TX 77571
'089010238035 City of La Porte HGAC 97201/2 W MAIN La Porte
6750100 ST
238035367502 TX 77571
10089010238038 City of La Porte HGAC 701 1/2 VALLEY La Porte
77050100 BROOK DR
238038770501 TX 77571
10089010238039 City of La Porte HGAC 602 E FAIRMONT La Porte
29540100 PKY
238039295401 TX 77571
10089010238058 City of La Porte HGAC 812 N La Porte
09060100 BAYSHOREA
238058090601 TX 77571
10089010206319 City of La Porte HGAC 618 SAN La Porte
02385100 JACINTO DR
206319023851 TX 77571
.89010238033 City of La Porte HGAC 386 MYRTLE La Porte
50100 CREEK DR
238033841501 TX 77571
10089010238033 City of La Porte HGAC 607 MYRTLE La Porte
45650100 CREEK DR
238033456501 TX 77571
10089010016118 City of La Porte HGAC 99971/2 W MAIN La Porte
05290100 ST
016118052902 TX 77571
- -
Report Generated for JPARKER on 1/15/2002
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
N
N
N
N
N
N
N
N
N
N
N
N N ERCOT
N N ERCOT
N N ERCOT 355
N N ERCOT 13
N N ERCOT
N N ERCOT
N N ERCOT
N N ERCOT
N N ERCOT 52
N N ERCOT
N N ERCOT
N N ERCOT
- -
Page 10 of 11
N
10089010036124 City of La Porte HGAC 9830 N L ST La Porte
40025100 036124400252 TX 77571
,
10089010036124 City of La Porte HGAC 9830 N L ST A La Porte
40030100 036124400301 TX 77571
10089010238032 City of La Porte HGAC 9901 W MAIN ST La Porte
62310100 A
238032623101 TX 77571
10089010238040 City of La Porte HGAC 9831 W MAIN ST La Porte
69280100 A
238040692801 TX 77571
.otaIS: # of Service Points: 118
e
Report Generated for JPARKER on 1/15/2002
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
HOUSTON 9111
02
N
N
N
N N ERCOT 36
N N ERCOT
N N ERCOT
N N ERCOT 20
Contract kW: 4,624
-
Page 11 of 11
N
Account :City of La Porte Plan # : 1-8CGC7
Monthly Contracted Usage in kWh
Period Usage 1 Usage 2 Usage 3
01/01/02 823,419
02/01/02 733,187
e 03/01/02 660,933
04/01/02 735,480
05/01/02 783,356
06/01/02 787,652
07/01/02 918,390
08/01/02 887,126
09/01/02 877,996
10/01/02 779,117
11/01/02 730,482
12/01/02 790,595
e 01/01/03 819,417
02/01/03 733,056
03/01/03 659,315
04/01/03 738,196
05/01/03 774,622
06/01/03 794,103
07/01/03 919,932
08/01/03 877,691
09/01/03 888,895
-
Report Generated for GPENDLEY on 11/17/2001
Usage 4
Contract Start Date: 01/01/02
Contract End Date: 12/31103
Total Usage
823,419
733,187
660,933
735,480
783,356
787,652
918,390
887,126
877,996
779,117
730,482
790,595
819,417
733,056
659,315
738,196
774,622
794,103
919,932
877,691
888.895
-
Page 1 of 2
Account :City of La Porte
10/01/03 775,305
11/01/03 722,409
12/01/03 801,753
# of Periods: 24
e Total kWh: 19,012,428
e
-
Report Generated for GPENDLEY on 11/17/2001
Contract Start Date: 01/01/02
Contract End Date: 12/31/03
775,305
722,409
801,753
19.012,428
-
Page 2 of 2
Plan #
1-8CGC7
\
\
e
-
TXU
+xu Energy Services
TERMS AND CONDiTIONS FOR SUPPLY OF ELECTRICITY
These Terms and Conditions for the Supply of Electricity '("Terms"), together with any Offer for Supply of Electricity
("Offer") and any other attachments, exhibits or appendices (including, as appropriate, one or more Price Sheets) as may be hereafter agreed
to by Buyer (the term Buyer includes its employees and/or agents as appropriate), and Seller (the term Seller includes its assignees and/or as
appropriate its employees! agents and/or subcontractors), shall constitute the "Agreement" for the supply of electricity to the Premise(s) of
Buyer set forth in Exhibit "A" attached hereto, Seller and Buyer may hereinafter be referred to individually as a "Party" and collectively as
the "Parties". "Premise(s)" herein shall mean the designated (in Exhibit "A") property or facilities and associated metered account(s)
identified by an Electric Service Identifier ("ESI"), which is a unique and permanent identifier assigned to each Premise(s), A "Price
Sheet(s)" is a document(s) containing a description of the method for determining charges payable by Buyer to Seller for electricity supplied
pursuant to this Agreement, for specified Premises and shall contain the Offer Price, A condition precedent for the effectiveness of ihe
Agreement shall be the execution of a separate Offer, and agreement by the Parties on the terms contained in Exhibit "A" and the appropriate
Price Sheet(s).
1. SUBJECT MATTER AND QUANTITY. Seller shall sell and cause delivery, and Buyer shall purchase and receive at the Point of Delivery,
for use only at the Premise(s), Buyer's non-residential electricity requirements set forth On Exhibit "A" attached hereto. "TDSP" herein shall
mean a transmission and/or distribution provider under the jurisdiction of the Public Utility Commission of Texas ("PUCT") that owns and
maintains a transmission or distribution system for the delivery of energy; including a Municipally owned utility or Rural Electric Cooperative.
"Point of Delivery" her,ein shall mean the point where TDSP's conductors are connected to Buyer's conductors at or near Buyer's Premises,
II., (This Section has been deleted intentionally.]
III. TERM. The "Agreement Term" shall be the time period, as referred to in the Offer, during which the prices contained in the Price
Sheets are and shall remain in force,
IV. AGREEMENT RENEW ALlPRICE RENEGOTIATION. If Buyer and Seller have not agreed to new pricing and terms prior to thirty
calendar days before the expiration of the then current Offer, and Buyer has not arranged for electricity from another supplier prior to the
expiration of such Offer, then, effective upon expiration of the Offer and until Buyer arranges for electricity with another supplier or under a
new Offer with Seller, Seller agrees to sell and deliver and Buyer agrees to purchase and receive electricity under terms and prices of Seller's
then current Standard List Price Offer applicable to businesses of same or similar nature as Buyer. "Standard List Price Offer" herein shall
mean the Seller's price charged to customer's purchasing electricity without a valid Offer for the Supply of Electricity, The Standard List
Price Offer may change from time to time at the discretion of Seller.
I
.1
!
V. CALCULATION AND PAYMENT OF CHARGES.'
5.1 Seller will invoice Buyer for electricity delivered to the Premise(s) during each monthly billing cycle of the Agreement Term, and for any
other amounts due from Buyer to Seller hereunder, in accordance with the applicable Price Sheet, provided, however, in the event Buyer takes
quantities of electricity in any month that are in excess of one hundred twenty percent (120.0%) of the aggregated quantities listed in Exhibit "A",
Seller shall have the option to price such excess quantities at 105.0% of the then current retail market value. If Buyer, (provided such is not the
result of a force majeure event), takes quantities of electricity in ,a month that are less than eighty percent (80.0%) of the aggregated quantities
,listed in Exhibit "A", in addition to paying for those quantities actually taken in accordance with the applicable Price Sheet, Buyer agrees to pay
Seller the positive amount, if any, calculated as follows: (80.0% of the aggregated quantities on Exhibit "A" for the applicable month minus the
aggregated quantities actually used by Buyer during the month, the "Shortfall Quantity") multiplied by (the contracted price from the applicable
Price Sheet minus 95.0% of the then current retail market price for the Shortfall Quantity).5.2 If Buyer has more than one Premise, the monthly
billing cycle inay vary for different Premises, and 'may not coincide with a calendar month. In the event that an interval demand recorder ("lOR")
must be installed at any Premise, if such lOR has not been installed prior to the commencement of the Agreement Term, Seller reserves the right
to calculate prices based upon the appropriate deemed load profile, as obtained by Seller from the PUCT, until such lOR can be installed.
5.3 Buyer shall pay'the invoiced amount on or before the due date specified in the Offer, and/or notify Seller within ten business days of the
invoice date if Buyer disputes any part of the invoice together with Buyer's reasons for disputing the invoice (however, Buyer's payment of an
invoice and/or failure to dispute an invoice by the due date, in and of itself, shall not constitute a waiver by Buyer of Buyer's right to contest
later the correctness of such invoice), but the undisputed part shall remain due and payable. In the event that Buyer gives notice of such dispute,
the Parties shall, for a period of thirty calendar days following Seller's receipt of that notice, pursue diligent, good faith efforts to resolve the
dispute. If the Parties are unable to resolye a disputed invoice during that thirty day period, Seller may require, in the event it is subsequently
determined that Buyer should pay Seller all or part of the disputed amount, that Buyer pay interest on such amount, at a rate equal to (i) one
H-GAC Energy Purchasing Corporation
Page 1 of 11
e
e
percent (I %) per month or (ii) the highest rate allowed by law, whichever is the lesser, from the date such payment was originally due until the
same is paid. Following resolution of the dispute, any amount found payable (including interest) shall be paid within thirty calendar days. If
Buyer fails to pay any amount due (including any disputed amount withheld which is subsequently found to have been payable), Seller may, at its
option, pursue any or all of the following actions or remedies: (a) accrue interest on the unpaid portion at a rate equal to that described earlier in
this paragraph, from the date such payment is due until the same is paid, or (b) transfer Buyer to the provider of last resort ("POLR"). POLR shall
be defined as a retail electric provider that has been designated by the PUCT to provide a basic, standard retail service package to requesting or
defaulting customers.
5.4 If Buyer notifies Seller in writing of ajustifiable concern regarding the accuracy of an invoice hereunder, Seller shall make available to Buyer
during nonnal business hours the records in Seller's possession reasonably necessary for Buyer to verify the accuracy of its bill. Provided,
however, neither Party may request any adjustment or correction of any statement or payment unless written notice of such request for
adjustment or correction is furnished within twenty-four (24) months of the date of the statement or payment for which such adjustment or
correction is requested.
5.5 If this Agreement is terminated for any reason (including where Buyer terminates in accordance with Section VII) and Buyer does not
arrange for a new electricity supply agreement with Seller or another supplier, Seller, until Buyer arranges for a new electric supply agreement
with Seller or another supplier, may (in addition to other remedies) charge Buyer for any electricity used at the Premise(s) after the effective date
ofthe termination, and subject to these Tenns, at Seller's then current Standard List Price Offer applicable to businesses of same or similar nature
as Buyer. This sub-clause shall survive termination of this Agreement.
5.6 Payments may be made by check, wire transfer, direct debit or electronic data interchange (on terms reasonably acceptable to both
Parties), and notwithstanding anything to the contrary contained herein, must be received by the receiving Party on or before the dates
specified in Article II of the Offer. The address to which payments are to be made shall be as set forth in the Offer. For Buyer to pay Seller
other than by check, Buyer needs to obtain required information / agreements with Seller. If Buyer fails to pay the invoiced amount to Seller by
the Due Date, and such amount is not disputed as provided in Section 5.3 the undisputed invoiced amount will accrue interest at the rate of 12%
per year, and, in addition, Seller may pursue, but is not required to pursue, available legal remedies for collection of the unpaid invoice and late-
payment interest charges, including termination of the Agreement in accordance with the procedures set forth in Article VII.
5.7 In the event Buyer ever takes electricity exceeding the Maximum kW for each Premise(s), each time it does so Buyer shall pay the Over
Capacity Charges as stated in the applicable Price Sheet. "Maximum kW" for each Premise is set forth on Exhibit "A", and shall be
recorded at the TDSP Point of Delivery.
5.8 Buyer agrees that it shall abide and be bound by the Agreement through the end of the Agreement Term and shall not, during the Agreement
Term, claim any right to pricing based upon the Price to Beat. "Price to Beat" shall mean a price for electricity, as determined pursuant to the
Public Utility Regulatory Act, Section 39.202, charged by an affiliated retail electric provider to eligible customers.
VI. METERING EQUIPMENT.
6.1 The supply of electricity to Buyer at the TDSP Delivery Point(s) shall be measured by Metering Equipment. "Metering Equipment"
herein shall mean any and all equipment required for the measurement of demand, energy, reactive demand or reactive energy and the times
during which said demand or energy is consumed. Unless the accuracy of the Metering Equipment is disputed by notice given by either Party
to the other the Metering Equipment shall be deemed to be accurate. If notice is given (unless otherwise agreed) the Metering Equipment
shall be examined within a reasonable period by the TDSP in accordance with the applicable Substantive Rules of the PUCT. If such test
finds that the inaccuracy of the registration of kWh or kW at normal loads exceeds that allowed by ANSI standard C.12, suitable adjustment
shall be made in the accounts rendered by Seller, and, within a reasonable period following that determination, the Metering Equipment shall
be re-calibrated or replaced by the entity that installs, validates, registers, and maintains the physical meter required on a Premise to measure
customer usage. If such test finds the Metering Equipment to be accurate within the said limits, the Metering Equipment shall be deemed to
be accurate and the cost of moving, testing, and replacing the Metering Equipment shall be paid by the Party who issued the notice. If it is
discovered that any reading of the Metering Equipment or translation of the readings into charges have been incorrect then the amount of
money due to and from Seller shall be paid forthwith.
6.2 If appropriate meter reading personnel cannot gain access to read the Metering Equipment, or the Metering Equipment fails to register
correctly the amount of electricity supplied, or the readings are not communicated to Seller in time for whatever reason, Seller shall reasonably
estimate the quantity of the electricity consumed and Buyer shall pay the charges for the estimated amounts subject to any adjustments which may
be necessary following the reading. Buyer shall notify Seller of any dispute or query regarding the Metering Equipment made by the TDSP.
Seller is not responsible for damage to the Metering Equipment unless caused by Seller's negligence.
VII. TERMINA nON OF AGREEMENT.
7.1 A material breach of this Agreement includes: (a) the failure of either Party to make any payment due to the other Party pursuant to the
terms hereof, provided, however, that notwithstanding the foregoing or anything else to the contrary in this Agreement, Supplier may not
terminate this Agreement for non-payment by Buyer of an undisputed invoiced amount unless the undisputed invoiced amount remains
unpaid for thirty (30) days after the due date; (b) the failure of a Party to comply with any other material term of this Agreement; (c) a Party
H-GAC Energy Purchasing Corporation
Page 2 of 11
e
e
becomes or declares that it is insolvent or bankrupt, or becomes or declares that it is the subject of any proceedings, or is taking any action
whatsoever, relating to its bankruptcy, liquidation or insolvency, or is not generally paying its debts as they become due, (d) a Party fails to
comply with any federal, state or local law, regulation, rule or order that causes a material adverse affect upon this Agreement, either Party or
either Party's performance of its obligations described in this Agreement; (e) if Buyer enters into another electricity supply agreement for any
Premise(s) with another retail energy provider that covers any period during the Agreement Term; or (f) if Buyer, except as provided in
paragraphs 7.2 and 14.3 below, sells, leases, closes or otherwise conveys or assigns any Premise(s) in which the electricity sold hereunder is
utilized. If either Party commits a material breach of this Agreement, the non-breaching Party shall give written notice to the breaching Party
that describes the breach in reasonable detail ("Original Notice"). The non-breaching Party may, in its sole discretion, and without prejudice
to any other right under this Agreement, at law, or in equity, terminate this Agreement (i) by providing an additional notice if the breaching
Party does not pay all amounts due and owing set forth in the Original Notice within ten calendar days of the date of the Original Notice, or
(ii) effective immediately in the Original Notice in the event the breach pertains to (c), (e), or (f) in this paragraph above, or (iii) by providing
an additional notice if the breaching Party fails to cure any breach other than one related to (a), (c), (e), or (f) in this paragraph above within
thirty calendar days of the date of the Original Notice.
7.2 (a) In the event Buyer sells, closes, or leases a particular Premise, without selling, closing, or leasing all of the Premises, Buyer
shall have the right to delete that particular Premise and the quantities of electricity attributable to that Premise through the end of the
Agreement Term (the "Liquidated Quantities") from this Agreement without terminating the Agreement (a "Premise Buyout Option"). If
Buyer desires to exercise a Premise Buyout Option with regard to a Premise, Buyer shall notify Seller in writing at least thirty calendar days
prior to the effective date. Upon the exercise of a Premise Buyout Option, in the event a new owner of the applicable Premise (i) is willing to
sign a new contract with Seller upon the same terms and conditions as Buyer's contract, (ii) is deemed creditworthy by Seller, and (iii) the
new owner and Seller can legally enter into such a contract in accordance with the rules and regulations of the PUeT, then the Premise will be
deleted from this Agreement and neither Party will owe any compensation to the other. In the event that the new owner (i) is unwilling to
sign a contract with Seller upon the same terms and conditions, (ii) is not reasonably deemed creditworthy by Seller, or (iii) the new owner
and Seller cannot legally enter into the contract, then Buyer agrees to pay Seller the positive amount, if any, calculated as follows: the
Liquidated Quantities multiplied by (the price that Buyer would have paid for the Liquidated Quantities through the end of the Agreement
Term according to the applicable Price Sheet, minus 95.0% of the then current retail market price). Buyer shall pay such amount, if any, to
Seller within twenty days of the date of liquidation. Exhibit "A" shall be modified to reflect the deletion of such Premise and its Liquidated
Quantities, and all other terms and conditions of this Agreement shall remain in full force and effect with respect to the remaining Premises.
(b) In the event Buyer reduces its operations at a Premise, Buyer shall have the right to delete the quantities of electricity
attributable to the reduction in operations at such Premise from the effective date of the reduction through the end of the Agreement Term (the
"Reduced Operations Liquidated Quantities") from this Agreement without terminating the Agreement. If Buyer desires to exercise such
right with regard to a Premise, Buyer shall notify Seller in writing at least thirty calendar days prior to the effective date. Upon the exercise of
such right, Buyer agtees to pay Seller the positive amount, if any, calculated as follows: the Reduced Operations Liquidated Quantities multiplied
by (the price that Buyer would have paid for the Reduced Operations Liquidated Quantities through the end of the Agreement Term according
to the applicable Price Sheet, minus 95.0% of the then current retail market price for the liquidated quantities). Buyer shall pay such amount, if
any, to Seller within twenty days of the date of liquidation. Exhibit "A" shall be modified to reflect the deletion of the liquidated quantities,
and all other terms and conditions of this Agreement shall remain in full force and effect.
(c) Both Parties will work in good faith during the Agreement Term to reasonably accommodate and assist Buyer with the
management of its electricity needs at the Premises. Since it is not possible to foresee the evolution of the deregulated power industry in
Texas, various reasonable options for Buyer to achieve this are evolving and under development by Seller. For example, if Buyer desires to
contract for additional electricity, both Parties will work in good faith to mutually agree upon the terms and conditions that are economically
viable to both Parties. However, notwithstanding the previous language, nothing contained herein shall be construed as to deny or diminish
the economic benefit of this Agreement to either Party, and neither Party shall be under any obligation whatsoever to agree to a modification
that would have such result.
7.3 (a) In the event that this Agreement is terminated by Seller pursuant to Section 7.I...the Parties agree, that in addition to all amounts
Buyer may owe Seller prior to the termination, Seller's damages shall be the positive amount, if any, calculated as follows: (all remaining
unpurchased quantities of electricity reflected on Exhibit "A" through the end of the Agreement Term) multiplied by (the price that Buyer
would have paid for the unpurchased quantities through the end of the Agreement Term according to the applicable Price Sheet, minus the
current retail market price for the unpurchased quantities at the time of termination) plus (all reasonable costs and expenses incurred by Seller).
Such amount shall be immediately due and payable within thirty calendar days following such termination. The current retail market price in this
instance shall mean the price that Seller would reasonably be able to obtain from a bona.fide third party if entering into a contract with another
customer for the unpurchased quantities, and for the remaining term after the Early Termination Date through the end of the Agreement Term.
Seller shall have a duty to use commercially reasonable efforts to mitigate its damages.
(b) In the event thai this Agreement is terminated by Buyer pursuant to Section 7.I...the Parties agree, that in addition to all amounts
Seller may owe Buyer prior to the termination, Buyer's damages shall be the positive amount, if any, calculated as follows: (all remaining
un purchased quantities of electricity reflected on Exhibit "A" through the end of the Agreement Term) multiplied by (the current retail market
price for the unpurchased quantities at the time of termination, minus the price that Buyer would have paid for the unpurchased quantities
through the end of the Agreement Term according to the applicable Price Sheet) plus (all reasonable costs and expenses incurred by Buyer).
H-GAC Energy Purchasing Corporation
Page 3 of 11
e
e
Such amount shall be immediately due and payable within thirty calendar days following such termination. The current retail market price in this
instance shall mean the price Buyer would have to pay if entering into a contract with another Retail Electric Provider ("REP") for the same
quantities, and for the remaining term after the Early Termination Date through the end of the Agreement Term. The price offered by the
POLR, or any REP's Standard List Price Offer, shall not be used to calculate Buyer's damages. Buyer shall have a duty to use commercially
reasonable efforts to mitigate its damages.
7.4 Buyer may terminate this Agreement, on a prospective basis, in the event of non-appropriation of funding for this Agreement by Buyer's
Governing Body. Buyer agrees, to the full extent allowed by Texas law, that if any funds are appropriated for electricity costs, such funds
shall be applied first to the cost of electricity provided pursuant to this Agreement. Buyer agrees to notify the REP in writing of such non-
appropriation at the earliest practicable time subsequent to the failure to appropriate, and as of Buyer's termination date, Seller shall have no
further duty to supply Electricity to Buyer and shall move service for the Accounts to the POLR as established by the PUCT on the date of
termination for non-appropriation.
VIII. FORCE MAJEURE. If either Party is unable to perform its obligations in whole or in part due to an event of force majeure as
defined herein, then the obligations of the affected Party shall be suspended to the extent made necessary by such event. The term "force
majeure" means any cause not within the control of the Party claiming relief, including, but not limited to, Acts of God, including magnetic
disturbances but not including extremes of temperature alone; arrests, orders, directives, restraints and requirements of the government and
governmental agencies, either federal or state (excluding Buyer), civil or military; civil disorder; strikes or labor disputes; failure, repair or
change of or obstruction in electric power lines, equipment or machinery; the failure of the TDSP to receive, transport, or deliver, or
otherwise perform, unless due to the failure of the Party claiming force majeure to perform such Party's obligations hereunder; an event of
force majeure of Seller's supplier(s) or with Buyer's electrical equipment at Buyer's Premises; or any other cause which by the exercise of
reasonable diligence such Party could not have prevented or is unable to overcome. Any such event of force majeure shall, so far as possible,
be remedied with all reasonable dispatch. It is understood and agreed that the settlement of strikes or lockouts will be entirely within the
discretion of the Party having the difficulty, and that the above requirement of the use of diligence in restoring normal operating conditions
will not require the settlement of strikes or lockouts by acceding to the terms of the opposing party when such course is inadvisable in the
discretion of the Party having the difficulty. Neither financial distress nor the inability of either Party to make a profit or avoid a financial
loss shall be deemed a force majeure event, nor shall (i) changes in the market prices of fuel, energy, or electricity, or (ii) a Party's financial
inability to perform its obligations under this Agreement, constitute an event of Force Majeure hereunder.
IX. WARRANTIES AND LIMITATIONS OF LIABILITIES.
9.1 Seller hereby warrants to Buyer that at the time of delivery of electricity hereunder it will have good title and/or the right to sell such
electricity, and that such electricity will be free and clear of all liens and adverse claims. Title will pass to Buyer at the TDSP Point of
Delivery. EXCEPT AS PROVIDED FOR IN THE FIRST SENTENCE OF THIS PARAGRAPH, SELLER EXPRESSLY DISCLAIMS
AND MAKES NO WARRANTIES, WHETHER WRITTEN OR VERBAL, WHETHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING, WITHOUT LIMITATION, ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY OR
FI1NESS FOR A PARTICULAR PURPOSE.
9.2 Unless otherwise expressly provided herein, any liability under this Agreement will be limited to direct actual damages as the sole and
exclusive remedy, and all other remedies or damages at law or in equity are waived. Neither Party will be liable for consequential,
incidental, punitive, exemplary or indirect damages, including lost profits or other business interruption damages, whether in tort or contract,
under any indemnity provisions or otherwise in connection with this Agreement. The limitations imposed on remedies and damage
measurement will be without regard to cause, including negligence of any Party, whether sole, joint, concurrent, active or passive; provided
no such limitation shall apply to damages resulting from the willful misconduct or gross negligence of any Party.
X. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed to be delivered when
deposited in the United States mail (first class, registered or certified), postage prepaid, when deposited with an overnight delivery service,
prepaid to the applicable Buyer's address shown in the attached Exhibit "A", and Seller's address as shown in the Offer, or to such address as
either Party may from time to time designate as the address, or in the case of hand delivery, when delivered to a representative of either Party
by a representative of the other Party; provided, however, except for payments of amounts due hereunder, either Party may provide such items
hereunder by electronic mail or facsimile to the other Party at the applicable telephone number shown on the current Offer, and further
provided, the original copy of such item shall be sent to the other Party within three business days thereafter.
XI. APPLICABLE LAW AND REGULATIONS.
11.1 This Agreement is subject to all applicable laws, regulations, rules and orders.
11.2 In the event ajudicial decision, order, new law or regulation, or a change in any law or regulation, requires a change in the method by
which prices are calculated under this Agreement, or materially and directly affects a Party's ability to perform its obligations hereunder, then
the Party that is negatively affected shall have the right to notify the other Party, within thirty calendar days after becoming aware of such
detrimental change. The Parties shall attempt to negotiate a modification to the terms of this Agreement so as to mitigate the impact of the
event. If, after twenty calendar days beyond the date of notice, the Parties have been unable to negotiate a mutually satisfactory modification
to the terms of this Agreement, either Party shall have the right to terminate this Agreement upon ten calendar days prior written notice to the
H-GAC Energy Purchasing Corporation
Page 4 of 11
e
e
other Party. If such right to terminate is not exercised within forty-five calendar days after the date of the original notice hereunder, then the
right to terminate this Agreement shall be waived with respect to the particular event.
11.3 Seller agrees to maintain all necessary certifications and comply with all necessary PUCT and/or ERCOT requirements in order to
perform its obligations under this Agreement.
11.4 Notwithstanding anything contained in this Agreement, Buyer shall not attempt to utilize, under the provisions of this Section XI or
Section VIII, or in any other manner, its inherent powers as a political subdivision of the State of Texas in order to circumvent in any way the
terms and provisions of this Agreement or the intent of this Agreement.
XII. FAILURE OR TEMPORARY DISCONTINUANCE OF SUPPLY.
12.1 The supply of electricity may be disconnected in the event of Force Majeure in respect of this Agreement; or ifat TDSP's discretion it is
necessary to do so for any of the following reasons: (a) to avoid danger; or because failure to disconnect the supply of electricity would or
might involve TDSP being in breach of applicable regulations or laws; or to avoid interference with the supply of electricity to another person
which TDSP reasonably believes may be caused or result from Buyer's equipment or device used at the Premise(s); or to enable TDSP or
TDSP's representatives to inspect, maintain or repair any part of the equipment or the Distribution System; or in case of accident or other
emergency affecting or likely to affect the Distribution System or any other system through which (directly or indirectly) Seller or TDSP
receives or supplies electricity; or (b) because Buyer's electric connections or systems are deemed by TDSP to present a hazard.
12.2 In the event that the supply of electricity to Buyer's Premises is interrupted due to the material breach by Seller of its contractual
obligations under this Agreement and not due to (i) a force majeure event, (ii) as provided in paragraph 12.1 above, or (iii) the failure of
Buyer to comply with its obligations under this Agreement, then, in the event Buyer is required to purchase replacement electricity from a
third party during such interruption, Seller shall be liable for the positive amount, if any, calculated as follows: the quantities so interrupted by
Seller multiplied by [the then current retail market price (or the POLR price if Buyer was unable to purchase electricity from another retail
electricity provider) minus the contracted price from the applicable Price Sheet].
XIII. RESPONSIBILITY.
13.1 Buyer Responsibility. Buyer assumes full responsibility for electric energy furnished to Buyer at and on Buyer's side of the Point of
Delivery, and agrees, to the full extent allowed by law, to hold harmless Seller, its parent company and all of its affiliates, and all of their
respective officers, directors, shareholders, associates, employees, servants, and agents (hereinafter collectively referred to as "Seller
Group"), from and against all claims, losses, expenses, damages, demands, judgments, causes of action, and suits of any kind (hereinafter
collectively referred to "Claims"), including Claims for personal injury, death, or damages to property occurring on Buyer's side of the Point
of Delivery and upon the Premise(s), arising out of or related to the electric power and energy and/or Buyer's performance under the
Agreement.
13.2 Seller Responsibility, Buyer acknowledges and understands that (i) Seller never obtains physical possession or control of the electricity,
(ii) Seller does not own nor have control of the electric transmission wires and equipment, and that they are owned and/or controlled by the
TDSP, (iii) all meter reading, and repair services will be provided by employees or agents of the TDSP, (iv) all responsibilities and liabilities
of the TDSP are set forth in the tariff regulations as approved by the PUCT, and (v) the employees and agents of the TDSP are not employees
or agents of Seller. Seller shall not have any obligation whatsoever to indemnify, defend, nor hold harmless Buyer, its parent company and all
of its affiliates, and all of their respective officers, directors, shareholders, associates, employees, servants, and agents (hereinafter collectively
referred to as "Buyer Group"), against any Claims, on either side of the Point of Delivery, arising out of or in any way related to the
electricity and/or the delivery thereof, including, without limitation, the actions of the TDSP and its employees and agents, except in the
event, and only in the event, that such Claims are the direct result of the sole negligence and/or intentionally wrongful act of an employee, or
agent under the exclusive control, of Seller.
XIV. MISCELLANEOUS.
14.1 TDSPs. Buyer and Seller agree to all terms and conditions (adopted PLVsuant to statutes, regulations or other lawful authority) of the
TDSPs that provide electricity delivery services to the Premise(s) or other Buyer facilities, which may from time to time be amended, are
made part of this Agreement.
14.2 Choice of Law: Venue. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY CONFLICTS OF LAW PRINCIPLES WHICH OTHERWISE
MIGHT BE APPLICABLE.
14.3 Assignment. In the event that Buyer conveys legal title to all of the Premises to the same entity, Buyer may request from Seller the right
to assign its rights and obligations under the Agreement to the new owner of the Premises, and in such event, Seller shall not unreasonably
withhold its consent. Any purported assignment without Seller's prior written consent shall be null and void. Buyer shall not have any right
whatsoever to assign this Agreement to any party that is not the owner of all of the Premises, and any purported assignment shall be null and
void. Seller may assign this Agreement to another party, with the prior written consent of Buyer, which consent shall not be unreasonably
withheld. Any purported assignment without Buyer's prior written consent shall be null and void. This Agreement shall inure to and be
binding upon the Parties hereto, and their respective successors and assigns.
H-GAC Energy Purchasing Corporation
Page 5 of 11
e
e
14.4 Entirety of Agreement. It is the intention of the Parties that the Agreement shall contain all terms, conditions, and protections in any
way related to, or arising out of, the sale and purchase of the electricity, and supersedes all prior agreements, whether written or oral. It is also
the intention of the Parties to agree to terms of service different than those that would otherwise apply under the Substantive Rules of the
Public Utility Commission of Texas "Customer Protection Rules for Retail Electric Service", Sections 25.471 - 25.485, and 25.491 - 25.492.
The Parties expressly acknowledge that certain terms, conditions, and protections addressed in such sections 25.472 - 25.485, and 25.491 _
25.492 may not be provided for or referred to in this Agreement, and, in such event, it is the intent of the Parties that such terms, conditions,
and protections are not applicable to the Parties. Neither Party may assert any claim that any term, condition, and/or protection contained in
Sections 25.472 - 25.485 and 25.491 - 25.492 of the Rules is inconsistent with any term, condition, and/or protection contained in the
Agreement and, therefore, applies to the Parties. This Agreement may not be modified or amended except in writing, duly executed by the
Parties hereto. Buyer warrants that the information supplied by it pursuant to this Agreement is true and shall remain so throughout the term
of the Agreement unless varied by agreement.
14.5 Waiver of Rights. A waiver by either Party of any breach of this Agreement, or the failure of either Party to enforce any of the terms
and provisions of this Agreement, will not in any way affect, limit or waive that Party's right to enforce and compel strict compliance with the
same or other terms or provisions of this Agreement.
14.6 Third Party Rights. Nothing in this Agreement shall create, or be construed as creating, any express or implied rights in any person or
entity other than the Parties.
14.7 Survival. No termination or cancellation of this Agreement will relieve either Party of any obligations under this Agreement that by
their nature survive such termination or cancellation, including, but not limited to, all warranties and obligations of indemnity.
14.8 Further Assurances. Buyer and Seller agree to provide such information, execute and deliver any instruments and documents and to
take such other actions as may be necessary or reasonably requested by the other Party which are not inconsistent with the provisions of this
Agreement and which do not involve the assumptions of obligations other than those provided for in this Agreement, in order to give full
effect to this Agreement and to carry out the intent of this Agreement.
14.9 Distribution System. Distribution System herein shall mean any system for the distribution of electricity through which the electricity to
be provided by Seller to Buyer is provided or passed to the Premise(s). Seller's obligations under this Agreement are subject to the maximum
capacity and any other design feature of Buyer's Premise or Connection. Buyer shall contact Seller in accordance with all applicable legal
requirements, and otherwise reasonably in advance, if Buyer proposes to make any significant change to Buyer's connection, electric lines or
electrical equipment, install or operate generating equipment or do anything else that could affect the Distribution System or require
alterations to Buyer's Connection. Each of the Parties undertakes to comply with Buyer's TDSP's Tarifffor Distribution Service~
14.10 Deliverv of Electricity. Seller does not guarantee against irregularities or interruptions, it being understood that occasional irregularities
and interruptions by the TDSP may occur. Buyer is responsible for installing and maintaining protective devices as recommended or required
by the then current edition of the National Electric Code and other such devices as are necessary. to protect equipment or process during
irregular or interrupted service including, but not limited to voltage and wave form irregularities.
14.11 Confidentiality. Seller acknowledges that Buyer is a governmental body that is subject to public information laws, including Chapter
552 of the Texas Government Code, which requires Buyer to release any information that is defined as or deemed to be public (the "Public
Information Statutes"). Subject to any Public Information Statute or related order, rule or regulation requiring disclosure, Seller and Buyer
agree to keep all terms and provisions of this Agreement confidential and not to disclose the terms of the same to any third parties; provided,
however, each Party shall have the right to make such disclosures, if any, to governmental agencies and to its own agents, att9rneys, auditors,
accountants and shareholders as may be reasonably necessary. If disclosure is sought through process of a court, or a state or federal
regulatory agency, the Party from whom the disclosure is sought shall resist disclosure through all reasonable means and shall immediately
notify the other Party to allow it the opportunity to participate in such proceedings.
14.12 Resale of Seller's Electric Service. Buyer may not use supply of electricity provided by Seller except for the purpose specified in the
Price Sheet under which Buyer receives supply of electricity. Buyer may not resell or otherwise dispose of supply of electricity unless as
provided by statute or as specifically provided for in the Price Sheet.
14.13 Authorization. At such time as executed Offer and Price Sheet(s) are attached hereto, Buyer authorizes Seller to become Buyer's new
retail electric provider in place of Buyer's current retail electric provider for the duration of the Agreement Term set forth in the Offer. Buyer
authorizes Seller to act as Buyer's agent to effect the change, and Buyer directs its current retail electric provider to work with Seller to make
this change happen. Buyer represents to Seller that Buyer is legally authorized to change the retail electric provider for all of the Premises.
14.14 Severabilitv. If any portion of this Agreement, or application thereof to any person or circumstance, shall be held legally invalid, the
remainder shall not be affected and shall be valid and enforced to the fullest extent permitted by law or equity.
14. I 5 Aggregator Fees. Seller shall bill and collect from Buyer for HGAC Energy Purchasing Corporation ("HGAC") Aggregation Fees with
H-GAC Energy Purchasing Corporation
Page 6 of 11
e
e
respect to the purchase of Electricity under these Terms and Conditions ("Aggregation Fees"). Seller shall remit all Aggregation Fee
collections received during each calendar month to HGAC on or before the twentieth (20th) Business Day of the following calendar month.
Payments received from Buyer shall be deemed to be payments of Seller and TDSP charges then due, then of the Aggregation Fee.
14.16 Aggregator Review. Buyer understands and acknowledges that any deviations from the standard Terms and Conditions for Supply of
Electricity negotiated by HGAC on behalf of Buyer shall be subject to the prior review and consent of the HGAC.
14.17 Buyer is a Member of the HGAC Energy Purchasing Corporation. Seller is basing the indicative price on the attached price sheet upon
assumptions as to the aggregated load and associated load factor of all Members of the Corporation. A condition precedent to the
effectiveness of this Agreement is satisfaction of certain load and load factor criteria as agreed to between Seller and the HGAC Energy
Purchasing Corporation. In the event that such criteria, as established in Section I.b of the Agreement between H-GAC Energy Purchasing
Corporation and TXU Energy Services, are not satisfied, then Seller shall not sign this Agreement and it shall be null and void ab initio.
14.18 Buyer shall notify seller of any ESls that have any significant load shifting capabilities so Seller may offer multipart pricing for that
Premise.
The Parties have signed this Terms and Conditions for Supply of Electricity document, acknowledging their
agreement to its provisions as of , 200_.
TXU ENERGY SERVICES COMPANY
By:
By:
Name:
Title:
Date:
Name:
Title:
Date:
"Buyer"
"Seller"
H-GAC Energy Purchasing Corporation
Page 7 of 11
e
Exhibit A
List of Member Buyers' Accounts
H-GAC Energy Purchasing Corporation
e
Page 8 of 11
e
e
Exhibit B
Pricing Sheet
TXU Energy Services
Price Sheet
Terms and Conditions for Supply of Electricity #
This Price Sheet is only valid in association with and shall remain subject to the Terms and Conditions for Supply of Electricity
("Terms") and Offer for Supply of Electricity referenced above and is contingent upon Customer's acceptance of the Offer
prior to the Offer Expiration Date. This Price Sheet is applicable to the Customer ESI number(s) identified on Exhibit A of the
Terms.
Monthly Prices shall equal the sum of (i) the Monthly Standing Charge set forth below; plus (ii) the applicable per kWh charges
set forth below for the electricity; plus (iii) all costs and expenses of any nature whatsoever that are charged by the
Transmission and Distribution Service Provider ("TDSP") for the transmission and/or distribution of the electricity, as well as
any other charges of the TDSP that are attributable to the Customer Account numbers, including, without limitation, charges for
reactive power; plus (iv) all other tariffs, rates, riders, fees, and charges, charged by the TDSP or another party, that are
mandated, levied, assessed, allowed, or approved by the Texas Public Utility Commission and all other governmental or
regulatory authorities, on or with respect to the acquisition, sale, delivery, and purchase of the electricity; plus (v) all federal,
state, and local taxes, of any nature whatsoever, imposed by all governmental and regulatory authorities, on or with respect to
the acquisition, sale, delivery, and purchase of the electricity, including Seller's Texas Gross Receipts Tax on the sale of
electricity to Buyer; plus (vi) the Over Capacity Charge set forth below, if applicable; plus (vii) an aggregation fee of $0.00045
per kWh actually consumed by Buyer collected by Seller on behalf of and paid to HGAC Energy Purchasing Corporation.
Charge Amount
Monthly Standing Charge $ 20 per service point
All kWh $0. per kWh
$0. per kWh for delivery, excluding
TDSP Delivery Charges reactive power, based upon current estimate*;
Monthly price will be based upon actual char,ges.
Tariffs, rates, riders, fees, and charges other than To be determined, varies by service point
those included in TDSP deliverv chames above
All applicable taxes To be determined, varies by jurisdiction
Over Capacity Charge $ -0- per kW
Buyer shall notify seller of any ESls that have any significant load shifting capabilities so Seller may offer multipart
pricing for that Premise.
The costs and expenses charged by the TDSP for delivery services may fluctuate during the Agreement Term, as will other
applicable taxes, tariffs, riders, fees, and charges.
* For reference purposes only. This is the current estimate of the average TDSP standard delivery costs,
excluding charges for reactive power, special metering, or other miscellaneous TDSP charges.
H-GAC Energy Purchasing Corporation
Page 9 of 11
e
e
Exhibit C
OFFER FOR THE SVPPL Y OF ELECTRICITY
ContractIPlan #:
BUYER: SELLER: TXU Energy Services Company
1601 Bryan Street, 7th Floor
Dallas, Texas 75201
Phone: Phone: (214) 875-1000
Fax: Fax: (214) 875-1001
L The Primary Term for each Premise, identified in Exhibit A, shall
CONTRACT TERM commence upon the date of the first reading of the meter(s) on each
respective Premise by the TDSP after , or as soon thereafter as
practicable, and shall end for each Premise upon the date of the first reading
of the respective Premise meter(s) by the TDSP after
II. Net 30 days.
PAYMENT TERMS
III. No initial deposit required.
DEPOSIT AMOUNT
IV.
BILL PRESENTMENT METHOD
V.
PAYMENTMETHOD
VL Toll free number (800)725-7920 for 24 hour emergency outage and
STANDARD SER VICES customer service, available 7 a.m. to 7 p.m. on normal business days;
Assigned customer service representative, billing analyst, and assigned
professional account manager.
VII. Not Applicable
CUSTOM SERVICES
VIIL Not Applicable
SPECIAL PROVISIONS
IX $ _per kWh
A VERAGE COST PER KWH*
X TERMS AND CONDITIONS THIS OFFER FOR THE SUPPLY OF ELECTRICITY INCLUDES
THE TERMS AND CONDITIONS FOR THE SUPPLY OF
ELECTRICITY, WHICH SHALL BE SEPARATELY EXECUTED BY
BUYER AND SELLER AND WILL BE PART OF THIS CONTRACT.
BY SIGNING BELOW, BOTH PARTIES HEREBY ACKNOWLEDGE ACCEPTANCE OF THIS
OFFER FOT THE SUPPLY OF ELECTRICITY.
Buyer Signature: Seller Signature:
Name (Please print): Name (Please print):
Kevin Bohn
Position: Position:
Vice President
Date: Date:
* Estimated. Actual cost will vary with actual delivery charges from your transmission and distribution provider and actual
consumption patterns. This cost does not include applicable taxes.
H-GAC Energy Purchasing Corporation
Page 10 of 11
e
e
Exhibit D
FORM LETTER - AUTHORIZATION FOR RELEASE OF ELECTRIC UTILITY DATA
TO BE SIGNED BY MEMBER BUYER ON ITS LETTER HEAD
[Date]
TXU Energy Services Company
1601 Bryan Street
Dallas, Texas 75201
Re: Account Data for Accounts listed in Attachment
[Attach relevant portion of Exhibit A for description of Accounts]
This letter is to serve as authorization to release to , or H-GAC Energy Purchasing
Corporation all information relative to our account(s) listed in the attachment, including but not limited to
service, load history, load profiles, rates, payment history, billing data and billing determinants. This
request for release is valid for one (2) years from the date of this letter with respect to and five
(5) years from the date of this letter with respect to H-GAC.
Very truly yours,
[Member Buyer Representative Signature]
[Title of Member Buyer's Representative]
H-GAC Energy Purchasing Corporation
Page 11 of 11
e
e
Herrera, Bob
From:
lent:
fo:
Subject:
Susan Kelley [kelleys@ci.la-porte.tx.us]
Tuesday, October 16,2001 8:15 AM
Mr. Herrera (E-mail)
FW: H-GAC Energy Purchasing Corporation Resolution II and backup
~
~
~
~.
Corp info package Supply Agreement Resolution I.doc Resolution II.doc
TXU 10-10-01... TXU executabl...
Here is the information you requested.
Susan
Subject: H-GAC Energy Purchasing Corporation Resolution II and backup
H-GAC Energy Purchasing Corporation
October 12, 2001
We are pleased to announce that we have signed a contract with TXU Energy
Services as the Retail Electric Provider to the Member Buyers of the H-GAC
Energy Purchasing Corporation. Please read the attached information sheet,
along with the attached Supply Agreement. Also attached are Resolution I,
to become a member of the Corporation, and Resolution II, which commits you
to purchase electricity. These Resolutions must be passed by November 7,
2001, in order to participate.
here will be a General Participant Meeting at H-GAC offices on Tuesday,
October 23, 2001, at 9:00 a.m. in Room A on the Second Floor. Please be
prepared to discuss any questions you may have concerning the information
included in this packet. Our contractor, TXU Energy Services, will be
present to answer questions as well.
<<Information Sheet>> <<Supply Agreement .doc>> <<Resolution I.doc>>
<<Resolution II.doc>>
If you have questions about these items or the purchasing process, please
call Deidre Vick at 713.993.4540 or Bob Wooten at 713.993.4539.
1
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: ~ie~. 2001
Requested By: Carol Ruttier ~
Department: A.dmilliitntive Servkei
Appropriation
Source of Funds:
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Attached Ordinance
Amount Requested:
Exhibits:
Correspondence from TML-IRP
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The Governor signed Senate Bill 522 to become effective January 1,2002, which makes several
changes to Texas Municipal Retirement System (TMRS) benefits. One of the benefits the new
legislation provides is an option to change 10-year vesting to 5-year vesting. Any participating
TMRS city that prefers to keep 10-year vesting must approve an ordinance, between
September 1,2001, and December 31,2001, opting out of the 5-year vesting.
Any city that opts out of the 5-year vesting may reconsider this benefit at a future date.
However, once 5-year vesting is selected, this benefit may not be revoked.
Recommendation
Staff recommends the City opt out of 5-year vesting, at this time, reservmg the right to
reconsider this benefit at a future date.
Action Reauired bv Council:
Approve the attached Ordinance, opting out of the 5-year vesting, reserving the right to
reconsider at a future date.
}o)glol
Date ' / (
e
tit
ORDINANCE NO. 2001-~~~~
AN ORDINANCE ELECTING TO NOT PROVIDE FIVE-YEAR VESTING FOR
EMPLOYEES OF THE CITY OF LA PORTE WHO ARE MEMBERS OF THE TEXAS
MUNICIPAL RETIREMENT SYSTEM, RESERVING THE RIGHT TO REVOKE THIS
ELECTION, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte has elected to participate in
the Texas Municipal Retirement System (the "System") pursuant to
the provisions of Subtitle G of the Government Code, as amended
(the "TMRS Act"); and
WHEREAS, section 854.205 of the TMRS Act, as amended effective
September 1, 2001, provides that unless a participating
municipality's governing board files with the Board of Trustees of
the System before December 31, 2001, an election to not provide
five-year vesting for its employees who are members of the System,
such employees may, if they have at least five years of credited
service with cities that do provide five-year vesting, terminate
covered employment and remain eligible to retire and receive a
service retirement annuity when they have attained an applicable
retirement age as provided by law; and
WHEREAS, the City Council of the City of La Porte finds that
it will be in the public interest to elect not to provide for such
five-year vesting;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. The city Council of the city of La Porte elects
not to provide five-year vesting under section 854.205 of the TMRS
Act, and the City Secretary of the City of La Porte is hereby
authorized and directed to file notice of this election with the
Board of Trustees of the System before December 31, 2001.
section 2. Pursuant to section 854.205 of the TMRS Act, the
city Council of the City of La Porte reserves the right to revoke
the election created by this Ordinance, by sending notice to the
Board of Trustees of the System to provide for five-year vesting.
Section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
e
e
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 resolution 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 4. This Ordinance shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 22nd day of October, 2001.
~ITY' F LA PORTE
By. 7..,/ AA ~
. N m~('%1:;:, Mayor
ATTEST:
~~ O. dfu.aI
Mar ha A. Gille t
City Secretary
O~uJ
d
APPROVED:
Knox W. Askins
City Attorney
e
.
f;
TML Board Communication
INTERGOVERNMENTAL RISK POOL
October 13, 2001
Continuation ofIO Year Vesting with TMRS
Senate Bill 522, amending the Texas Municipal Retirement Act, passed both houses of
the Texas legislature and has been signed into law by Governor Perry. This bill makes
numerous changes to the Texas Municipal Retirement System. Among the major
amendments are provisions for a five year vesting alternative to the existing ten year
vesting requirement. The five year option means that after five years of service a TMRS
member will have earned the right, upon termination of employment, to choose to leave
the member's deposits and interest in TMRS, and, upon reaching age 60, apply for
retirement. The provisions of SB 522 take effect January 1, 2002.
Participating members of TMRS have from September 1, 2001, through December 31,
2001, to opt out of this new five-year vesting provision. The Texas Municipal League
and the Texas Municipal League Intergovernmental Employee Benefits Pool have chosen
to opt out of this provision and remain at 10-year vesting. It is recommended that the
Pool opt out of the five year vesting provision. The 10-year vesting schedule has
benefited the Pool in retaining qualified staff. The five year option increases the
likelihood of losing skilled staff since employees would be eligible to leave the Pool after
only five years of service and retain their earned retirement benefit.
The cost for the current year to incorporate the five year vesting is minimal (0.14%). But
this cost is expected to grow as all ever-increasing number of employees reach the five
year vesting mark and become eligible to receive credit for the Pool's matching
contributions.
Recommendation: The Pool continue the 10-year vesting requirement that is currently
in place. Further, the attached resolution be adopted to comply with the State law
requirement that members opt out of the five year vesting provisions between September
1,2001, and December 31,2001.
~~
/ Allan J. Romer
t
-
~
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 22, 2001
Appropriation
Requested By: Robert T. Herrera
Source of Funds:
Department: Administration
Account Number:_
Report:
Resolution:
Ordinance: XX
Amount Budgeted: _
Exhibits:
Amount Requested:
Exhibits:
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Please be advised that I have asked our City Attorney to prepare an amendment to the Tax Abatement Agreement
the City entered with PPG Industries on October 1, 1998.
The request comes to us from Michael H. McGarry, General Manager of Fine Chemicals for PPG. The amendment
will simply address the definition of permanent employees as defined on page two of the Agreement to language
recommended by Harris County Office of Economic Development. This language will mirror what Harris County
uses now in its definition of what constitutes a permanent employee if certain requirements are met.
The requested change will not alter the spirit of the Agreement entered on October 1, 1998. The contract the City
approved on October 1, 1998 laid out the following elements:
o The project as proposed by PPG is for a pharmaceutical unit, to be built in three stages which, when
completed, is estimated to add $55 million in taxable value to the tax roll. The project will also add 57
permanent full time jobs.
o The City offered PPG tax abatement on their project, for a seven-year period (from January 2000 to
December 2006) for the value of the additions to their property as long as the additions exceed $2] million
but no more than a maximum of $42,750.00. We limited the abatement amount to $750,000 per job
created.
In my opinion, PPG has been a good corporate neighbor. They have donated over 80% of the right-of-way needed
for the extension of Bay Area Boulevard and have supported the City in other ways. I would hope you would
support their request for contract modifications.
Action Required bv Council:
Approve Ordinance No. 2001- authorizing the City Manager to execute a modification to the Tax
Abatement Agreement with PPG Industries.
Approved for City Council Al!enda
~~vt f. \t~'Y\<vVV
Robert T. Herrera, City Manager
---1D~ IlD~ Dl
Date
e
e
e
e
ORDINANCE NO. 2001- ~5J0
AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO THE TAX
ABATEMENT AGREEMENT BETWEEN THE CITY OF LA PORTE AND PPG
INDUSTRIES, INC., MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
city for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally 'acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
e
e
ORDINANCE NO. 2001-~~3
PASSED AND APPROVED, this 22nd day of October, 2001.
CITY OF LA PORTE
t/;, ~~
By: ' ~ . ?/"'
/N rman . Mal~ e
Mayor
ATTEST:
city
APPROVED: d!
~ '
t9~ v) ~
Knox W. Askins
City Attorney
PAGE 2
'I
-
-
---
c-
t1t
m
PPG Industries, Inc.
One PPG Place Pittsburgh, Pennsylvania 15272 USA Telephone: (412) 434.2330
Michael H. McGarry
General Manager
Fine Chemicals
j
September 26,2001
~lE(c[c~WlE~
I' f
I OCT - 5 2001 I
CITY MANAGER'S
OFFICE
Mr. Robert T. Herrera
City Manager
City Of LaPorte
Post Office Box 1115
LaPorte, Texas, 77572
Subject: "Tax Abatement Agreement, PPG Industries Reinvestment Zone"
Dear Mr. Herrera;
In accordance with your request during our telephone discussion of Tuesday, September 25,2001, we are pleased
to submit this letter requesting that the subject "Tax Abatement Agreement" be amended to eliminate certain existing
language and add the language set forth in the David Turkel (Harris County Economic Development Administrator)
letter to Hanson Gilan dated August 3,2001 (copy enclosed).
Specifically, we are requesting that the term "permanent employee" as defined on page two (2) of the agreement be
modified, eliminating the words "excluding any contract employee, seasonal employee, or part-time employee"
and replacing it with the language suggested in the David Turkel letter.
'Contract employees will be considered as permanent employees if the following requirements are met
1) The employee can not be an individual contractor, but must be employed by a business entity that
performs work on a contract basis with the Owner/Operator ofthe facility. '
2) The employee must be a full time employee (excluding seasonal employees or part-time employees) of
the Contractor, must work a minimum of thirty five (35) hours in a seven day period, report for work
exclusively in the Zone, and must be reflected in an Employers Quarterly TWC Report filed by the
Contractor.
3) A notarized affidavit must be provided by the Contractor, (each year) attesting to its compliance with
the above requirements and stating the exact number of qualified employees that they have provided to
PPG.'
Mr. Herrera, thank you for your consideration of our request.
Respectfully Submitted;
/!l
Michael H. Mc Garry
General Manager
Fine Chemicals
Encl:
e
e
City of La Porte
Established 1892
October I~, 2001
via federal express
Mr. Michael H. McGarry
General Manager/Fine Chemicals
PPG Industries, Inc.
One PPG Place
Pittsburgh, PA 15272
Re: Tax Abatement Agreement Between PPG Industries
and the City of La Porte
Dear Mr. McGarry:
As requested in your letter of September 26, 200 I, I enclose
multiple copies for your execution, of a proposed Amendment to the
Tax Abatement Agreement between PPG Industries, Inc. and the City
of La Porte.
Please sign and return all copies to me, by Federal Express. I
will place this matter on the City Council agenda of October 22,
2001.
When approved by city Council, we will furnish a fully executed
copy for your records.
Thank you for your cooperation in this matter.
~b, tt~:t
thv<- 1# :';r p~
~9;))
CITY OF LA PORTE
By:
Q~~ T \-\~
Robert T. Herrera
City Manager
RTH: sw
Enclosures
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
.e e
:ilL
if
REQ~ST FOR CITY COUNCIL AGI-DA ITEM
Agenda Date Requested: October 15. 2001
Appropriation
Requested By: Cynthia Alexander, Oirector of Finance
Source of Funds:
001-6145-515
Report:
Resolution:
Ordinance:
xx
Account Number: 5007 - Other
Professional Services
Amount Budgeted: $125,000
Department: ItIN ANCli:
Exhibits: Contract
Amount Requested: $46,1 70
Exhibits:
Budgeted Item: ~ NO
Exhibits:
SUMMARY & RECOMMENDATION
The Harris County Appraisal District has the responsibility of appraising all taxable property within the City of La Porte
and provides the values for the annexed and taxable portion of each industry. The un-annexed portion of these
industries are subject to "in-lieu of Taxes" payments. The firm of Hugh L. Landrum & Associates, Inc. has appraised
the Industrial District properties for the City of La Porte since 1968 and has provided these and other professional
services in a completely satisfactory manner.
The City entered into contract with Hugh Landrum & Associates in 1998 for a three-year term in the amount of
$40,400 per year. The proposed contract covers a three-year period at $46,170 per year.
Since, Hugh Landrum & Associates, Inc. are skilled in such matters and have the scientific and technical knowledge
in respect to appraisals and valuations of industrial properties, we would like to continue our relationship with them.
Staff feels that the proposed increase is warranted and represents a very reasonable amount considering all the
changes in the Tax Laws over the past few years. Furthermore, they have agreed to increase their responsibility to
include monitoring and enforcing industrial district agreements.
Action Required bv Council:
Approve Ordinance authorizing agreement with Hugh L. Landrum & Associates, Inc. for the appraisal and other
services for fiscal years ending 2002,2003, and 2004 and each year thereafter until said contract is terminated as
provided by ordinance.
Approved for City Council Ae:enda
JoJfr
Date I
e
e
ORDINANCE NO. ~OO/~aJJ+
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND HUGH L. LANDRUM & ASSOCIATES, INC., FOR APPRAISAL
AND OTHER SERVICES FOR PROPERTIES LOCATED IN THE CITY'S INDUSTRIAL
DISTRICTS; APPROPRIATING $46,170 ANNUALLY TO FUND SAID CONTRACT FOR
CALENDAR YEARS 2002, 2003, AND 2004 AND EACH YEAR THEREAFTER UNTIL
SAID CONTRACT IS TERMINATED AS PROVIDED FOR THEREIN; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCILOF THE CITY OF LA PORTE:
Section 1: The City Council hereby approves and authorizes the contract, agreement or other
undertaking described in the title of this Ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this reference. The City Manager
is hereby authorized to execute such document and all related documents on behalf of the City of
La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the
seal of the City to all such documents. City Council appropriates from the General Fund #001,
the sum of FORTY-SIX THOUSAND ONE HUNDRED AND SEVENTY DOLLARS &
NOll 00 ($46,170.00), to fund this contract on an annual basis, for calendar years 2002, 2003,
2004 and for each year thereafter that this contract shall be in existence.
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 Laws, 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
e
e
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 in effect from and after its passage and approval.
PASSED and APPROVED this the ~ day of ~ ge ( , 2001.
ATTEST:
1!lMildJ ;{1lL()
Mart a GIllett, CIty Secretary
APPROVED:
t%I t/)
Knox Askins, City Attorney
2
e
e
STATE OF TEXAS
~
~
~
~
~
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
WHEREAS, the Mayor and City Council of the City of La Porte, Texas, have
determined that it would be wise and in the best interest of the City that said City employ
expert consultants skilled in the matter of appraisal and valuation of properties covered by
Industrial District agreements in said City's Industrial District to compile appraisals and furnish
data and information to the City for the determination of equalized values of such properties as
compared with other property valuations in said City for the calendar years 2002, 2003 and 2004
and for each year thereafter as set forth herein, and for the assessment of said properties in
accordance with their respective industrial district agreements with the City for the calendar
years 2002, 2003 and 2004 and each respective year thereafter, and for the preparation and
handling of any future Industrial District Agreement between the City and any member of
industry; and
WHEREAS, the firm of Hugh L. Landrum & Associates, Inc. has appraised the
Industrial District properties for the City of La Porte under Contract from 1968 and is currently
under contract to provide professional services relating to said properties; and
WHEREAS, the Mayor and City Council find, adjudicate and determine that the
firm of Hugh L. Landrum & Associates, Inc., of Houston, Texas, is skilled in such matters
and has scientific and technical knowledge with respect to appraisals and valuation of such
properties and many years experience in the matter of appraising and valuing such
properties and handling Industrial District Contracts, and the firm's President, Hugh L.
Landrum, Jr. is certified by the State of Texas both as a Registered Professional Engineer
e
e
and a Registered Professional Appraiser; and
WHEREAS, Hugh L. Landrum, Jr., President of the firm of Hugh L. Landrum &
Associates, Inc. has proposed to the City of La Porte that another Contract be entered into
between his firm and City of La Porte; now
IT IS THEREFORE AGREED by and between the City of La Porte, Texas
acting herein by its duly authorized Mayor and City Council, FIRST PARTY, and Hugh
L. Landrum & Associates, Inc. of Houston, Harris County, Texas, SECOND PARTY, as
follows:
I.
SECOND PARTY agrees to compile a complete list of appraised values for all
properties covered by Industrial District Agreements and subject to Industrial District payments
to the City of La Porte, Texas, said appraised values to be as of January 1, of each year of this
contract, starting with the year 2002; and it is hereby understood by BOTH PARTIES that the
initial values for budgeting purposes will be available by July 31 of each year covered by this
contract. The final values on all properties will be presented to FIRST PARTY by October 1 of
each year covered by this contract.
II.
SECOND PARTY further agrees to work with the Harris County Appraisal
District to apprise them ofthe area of each industrial plant that has been annexed by the
City of La Porte and, therefore, subject to their assessment and a City ad valorem tax.
This will apply to newly annexed areas of the City as well.
III.
SECOND PARTY also agrees to prepare a summary report for the City's Tax Assessor
Collector each year, said report to show each industry's final total value for land,
2
e
e
improvements, and personal property, the amount subject to ad valorem tax and the
amount of the taxes, and the value subject to "in-lieu of taxes" payment and the amount of
the "in-lieu oftaxes" payment. SECOND PARTY shall also provide a brief explanation
of each property and any changes that may be useful in the operation ofthe City and/or
budget planning.
IV.
SECOND PARTY will maintain a complete set of files at its work site, which will
contain for each property under contract, at a minimum, a copy of the executed contract,
copy of metes and bounds descriptions, copy of maps, notification of change of address or
change of owner.
V.
SECOND PARTY further agrees to cooperate with the City Administration and the
City's Tax Assessor-Collector in any other area where SECOND PARTY'S expertise may be
beneficial to them in fulfilling the responsibilities of their jobs, including, but not limited to, the
preparation and handling of any future Industrial District contracts entered into by the City with
a member of industry.
VI.
IT IS ALSO FURTHER AGREED BY SECOND PARTY that in the event
SECOND PARTY'S proposed values are protested by the owners or representatives of the
property, SECOND PARTY will at its own expense furnish expert testimony in the
District Court of Harris County, Texas to defend the proposed values.
VII.
SECOND PARTY agrees that the City of La Porte, will in no way be obligated
or indebted to said SECOND PARTY, or its agents, servants, or employees, for salaries,
3
e
e
expenses, materials, or other charges except only as herein specifically otherwise provided.
VIII.
IT IS FURTHER AGREED BETWEEN BOTH PARTIES that this Contract will be
automatically renewed on a year-to-year basis unless written notice of termination is given by
either party at least 60 days before the end of the primary term or any renewal term thereof or
unless another contract is signed by the PARTIES. Changes in the scope of work and/or fees
may be made annually by addendum to this contract signed by both PARTIES.
IX.
IT IS FURTHER DISTINCTLY UNDERSTOOD AND AGREED by both
parties hereto, that if any word, phrase, sentence, paragraph, or provision of this contract
shall be for any reason declared or adjudicated to be invalid, such declaration or
adjudication shall not affect the remaining portion thereof.
X.
FOR AND IN CONSIDERATION ofthe skilled services, technical knowledge, and
experience of SECOND PARTY in performance of the obligations devolving upon such
PARTY hereunder; and in consideration of the information given and assistance furnished by
SECOND PARTY to the City's Tax Assessor-Collector in the undertaking to calculate
Industrial District Taxes and "in-lieu oftaxes" payments for each calendar year covered by this
contract beginning with the year 2002, and the preparation and handling of the Industrial
Agreements; FIRST PARTY agrees and obligates itself to compensate SECOND PARTY by
payment to SECOND PARTY, of the sum of FORTY-SIX THOUSAND ONE HUNDRED
AND SEVENTY DOLLARS & NOll 00 ($46,170.00) for each calendar year covered under this
contract as set out herein starting with the year 2002.
4
e
e
XI.
IT IS AGREED between the City of La Porte and Hugh L. Landrum &
Associates, Inc. that if funds are not appropriated to continue the function performed by
Hugh L. Landrum & Associates, Inc. in this Agreement and for the payment of the charges
hereunder, the City of La Porte may terminate this Agreement upon written notice to Hugh L.
Landrum & Associates, Inc. that this Agreement has been terminated. The City of La Porte
agrees to give ten (10) days written notice to Hugh L. Landrum & Associates, Inc. that the
Agreement is terminated and to pay to Hugh L. Landrum & Associates, Inc. all charges incurred
through the end of that period.
THE EXECUTION OF THIS CONTRACT is authorized by proper resolution duly
adopted by the Mayor and City Council of the City of La Porte, Texas and entered upon the
Minutes of such Council.
EXECUTED IN SEVERAL DUPLICATE ORIGINALS by order ofthe Mayor and
City Council of the City of La Porte, Texas on this th~ day of ()CjO!Jf ( ,2001.
CITY OF LA PORTE, TEXAS
BY~,b/~/~
, Mayor
ATTEST:
lfI! d/tIit !/ llfid
. , City Secretary
HUGH L. LANDRUM & ASSOC., INC.
BY ~ L. LL, I
Hug L. Landrum, Jr., Pre~dent
5
e
e
Agenda Date Requested:
ST FOR CITY COUNCIL A
DA ITEM
ctober 22 2001
Appropriation
Requested By:
Source of Funds:
Department:
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Map
Amount Requested: $13.800
Exhibits:
Letter from Habitat for Humanitv
Budgeted Item: NO
SUMMARY & RECOMMENDATION
Councilman Warren and I met with Habitat for Humanity several times to discuss opportunities for building sites on
the Northside. The City's list of tax delinquent properties on the Northside (zoned residential) was reviewed by
Habitat for Humanity for potential building sites. The Audit Committee was informed of these discussions at their
meeting on July 23 and was generally positive about this opportunity.
The Habitat for Humanity Board has voted to build two homes in the Northside area, if the City will work with them
to secure the lots. On September 8, 2001, Habitat for Humanity submitted a formal request for two building sites
(1) Lots 8 & 9 (2) Lots 9 & 10, Block 88. Also, there is a fifth lot (Lot 12; Block 88) on the tax resale list that is
adjacent to the four lots that Habitat is interested in. All of these lots are on the City's tax resale list and the six-
month right of redemption has passed.
The City has an opportunity to acquire these properties for the HCAD Value/Adjudged Value of $13,800. The
HCAD Value/Adjudged Value is the most recent appraisal roll value of the property on the date of the trial. The
court costs will come out of the $13,800 and the remaining funds are distributed to the taxing entities. This process
is $5,059.97 less than paying the delinquent taxes owed on the properties plus court costs.
The City will have to acquire the properties by purchasing them in the present ownership patterns.
Tracts HCAD City LPISD County Court Cost
V alue/ Adj udged Delinquent Delinquent Delinquent (estimated)
Value Taxes Taxes Taxes
8 $3,800.00 $895.70 $1,694.96 $752.89 $2,500.00
9
10
11 $10,000.00 $3,009.13 $5,138.59 $2,368.70 $2,500.00
12
Subtotals $13,800.00 $3,904.83 $6,833.55 $3,121.59 $5,000.00
Totals $13,800.00 $18,859.97
Estimated funds to taxing entities $2,464.00 I $4,312.00 $2,024.00 I -
Once secured, the City could provide a deed to Habitat for Humanity for the pattern needed to accommodate the two
proposed building sites and the remaining 5th lot would be for potential sale to the adjacent property owner. I would
recommend that the City first reach agreement on the disposition of Lot 12. If the adjacent property owner and the
City cannot reach agreement, I suggest we also deed this fifth lot (25 ft) to Habitat for Humanity. There would be
some legal expenses associated with deed preparation and filing.
If Council wishes to pursue this, a recommended source of funds is the Economic Development Fund (Fund 036)
fund balance, which has sufficient funds.
Action Required bv Council:
Provide direction to staff on purchase of property for proposed residential building sites by Habitat for Humanity in
the Northside area.
Approved for City Council A2enda
a\~
Robert T. Herrera, City Manager
/o.l~
Date /
e
e
09/06/2001 16:50
28147_9
JAMES C COUNT~
PAGE 01
~
LA I .1 . I PORTE
HABITAT FOR HUMANITY
P.O BOX 2087
IJA PORTE9 TX 77S7~-1087
September 8. 2001
City of La Porte
604 N. Pairmont ~kwy.
La Porte, Texas 77571
Attention: John Joerns, Asst. City Mgr.
Subject: Request for Additional Land by La Porte HFH
The La porte Chapter of Habitat for Humanity site selection
committee 1s presently evaluating locations in La Porte for target
areas that meet our criteria. Por those of the Council that may not
be familiar with HP'H, the putpose is to improve the quality of lives
and the community by assisting low income families in building and
owning decent and affordable housing. This is done with volunteer
labor, management expertise, . and tax-deductible donations of lJlQney,
land, and materials and with the help of the family that will receive
the home. A no interest mortgage is executed with payments recycled
back into the program to finance the next house(s) .
The program was organized in La Porte in late 1993. We have just
dried in the tenth house in La Porte and are going to need.our next
building sites in early 2002 to keep the momentum. (HFH International
dedicated the 100,000 house built world wide, August 2000).
Following meetings with you, councilman wanen, and. the site
committee it was agreed by the Chapter board of directors at their
August meeting, that we would start our program in gloek 88, if we can
obtain at least two site in close proximity, but would prefer four.
The City presently owns five lots (two sites) in this block (8-12).
There are four other potential building sites, privately owned, in
this block. The site committee is contacting owners for possible
purchase of these properties. .
It should be noted that to date, our program has added over half
million dollars to the local tax rolls. The city has waived permit
fees and in conjunction with the J.!. Cook family donated the six
sites on fifth street.
It is requested that Council continue this joint venture with the
La Porte HFH group in developing this area by making the property
available as reasonable as possible. The'property would return to the
tax rolls as construction is completed on each site. HFH is tax
exempt'for three years.
Should you need additional information .or if we 8hould have a
member present at council meeting, please advise.
~cJ:,r~~~ --,
im Counts, for
site Selection Committee
1l/J1tI'"llmuuc in parln~rdtlp .hlt G...... IM4p1. ilt INell
e e
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Appropriation
Requested By: S. Gillett
Source of Funds:
Various
Department:
Public Works
Account Number: Various
Report: XX Resolution:
Ordinance:
Amount Budgeted: $ 103.199.00
Exhibits:
Bid Tabulation
Amount Requested: $ 84,709.00
Exhibits:
Bidder's List
Budgeted Item: YES
Exhibits:
SUMMARY & RECOMMENDATION
Sealed bids were received on October 8, 2001 for Heavy Equipment. The equipment consists of the replacement of
two (2) backhoes with a backhoe and crawler excavator and the addition of one (1) crawler excavator. Bids were
sent to seven (7) vendors with five (5) returning bids.
Low bid meeting specification for the replacement of a backhoe (Item I) was submitted by A- Tex Equipment in the
amount of$39,61O.00. With the addition ofthe optional extendable dipperstick and reduction for trade-in
allowance, the net cost for this replacement is $35,497.00.
Low bid meeting specifications for the addition of one (1) crawler excavator (Item II) and the replacement of one (1)
backhoe with a crawler excavator (Item III) was submitted by Wowco Equipment in the amount of$57,212.00.
With the reduction for trade-in allowance, the net cost for these two (2) units is $49,212.00.
Adequate funds ($78,199.00) were budgeted in the Motor Pool Replacement Fund for the replacement of the two (2)
backhoes. Adequate funds ($25,000.00) were budgeted in the Wastewater Collection Division Operating Budget for
the addition of the crawler excavator.
Action Required bv Council: Award bid for Item I to A-Tex Equipment in the amount of $35,497.
Award bid for Items II and III to Woweo Equipment in the amount of$49,212.00.
Approved for City Council Ae:enda
Manager
BID TABULATION
BID # 0814 HEAVY TRUCKS
R. B. EVERETT
& COMPANY
WOWCO
EQUIPMENT
MUSTANG
TRACTOR
IH-
DOGGETT
IND
A- TEX
EQUIPMENT
e
No Bid
No Bid
No Bid
No Bid
$43,000.00
($6,500.00)
$36,500.00
$3,900.00
$40,400.00
$43,185.00
($9,000.00)
$34,185.00
$2,924.00
$37,109.00
$28,585.00
$39,610.00
($7,500.00)
$32,110.00
$3,387.00
$35,497.00
$26,890.00
QTY
1
DESCRIPTION
Diesel Powered Backhoe
Less Optional Trade-in Allowance
Item #1 Total
Option - Extendable Dipperstick
Total w/Option
1)
e
$27,660.00
$32,660.00
No Bid
$32,660.00
$24,582.00
$32,630.00
($8,000.00)
$24,630.00
$36,300.00
$36,400.00
($7,500.00)
$28,900.00
$31,927.00
($6,500.00)
$25,427.00
$32,803.00
($8,500.00)
$24,303.00
1
Excavator/Crawler 5,910 -7,546Ibs.
Excavator/Crawler 7,782 - 8,815Ibs.
Less Optional Trade-in Allowance
Item #3 Total
2)
3)
,'" T
e
A-TEX EQUIPMENT COMPANY
700 OATES ROAD
HOUSTON, TX 77087
HI-WAY EQUIPMENT
PO BOX 14174
HOUSTON, TX 77221
R. B. EVERETT
PO BOX 7300
PASADENA, TX 77580
WOWCO EQUIPMENT
5430 HWY 146
BAYTOVVN,TX 77520
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996
BIDDER'S LIST
HEAVY EQUIPMENT
SEALED BID #0841
-e
CARRUTH DOGGETT
5935 GRIGGS ROAD
HOUSTON, TX 77023
MUSTANG TRACTOR
12800 NORTHWEST FRWY
HOUSTON, TX 77040
RUSH EQUIPMENT
10100 NORTH LOOP EAST
HOUSTON, TX 77029
BA YSHORE PUBLISH DATES:
SEPTEMBER 23, 2001
SEPTEMBER 30, 2001
e e
MEETING HANDOUTS
e
e
Dave Ttu-nqlllst
LIlPorte lIigh Scbool- Government/Economics
(281) 604-7:>64
LPHS STUDENT RECOMMENDATIONS TO CITY COUNCIL
Twice this semester, students at LPHS have gathered to discuss issues in and
around La Porte that are of concern to them. The purpose of this group is to
provide a forum for the young people of our town to discuss and share ideas
about ways to make La Porte a better place. Here are the ideas that they came
up with at the first 2 meetings.
1) The new park near Canada St. between Fairmont and Spencer should include
a walking/running track/trail, a covered basketball court (similar to
Northside), and it would be nice to have a small lake/pond with fish in the
middle of the park (could be built in conjunction with drainage/flood
improvements that could also benefit runoff from Brookglen Subdivision)
2) Main Street has several abandoned buildings that need to be torn down. The
students feel that Main Street is not a viable shopping attraction to the town
and serious consideration should be given by the city to further reviitalize the
Main street area including more landscaping and improvements. Some
students were willing to assist the city with landscaping and demolition
projects.
3) Concerns about the stoplights on Fairmont not being timed properly. Some
want a flashing strobe stop light at Farrington. Some want a light at
Driftwood. Some said there are already too many lights.
4) Apartment complex on old 146 across from Rec Center on Forest Dr. should
be demolished.
5) City of La Porte should work towards a joint project with Harris County to
revitalize Sylvan Beach. Many ideas were tossed around including a beach,
amusements, campground, water park/pool, concerts, boardwalk with boat
docks.
6) The City should be aggressively seeking to bring a higher level of stores to
the area such as a mini mall or outlet mall. The students feel it is not right to
have to drive to Baytown , Pasadena or Texas City to go shopping for clothes
and everyday items. With 31,000 people we should have our own Wal-Mart
or similar type store/stores
Dave Turnquist
Sponsor of the LPHS Government Discussion Group
(formerly know as) Youth Advisory Council
Inc.
Phone: 713. 947-6606 Pager 281.626-2009
Fax: 713. 947-6609
3425 Federal Street
Pasadena, Texas 77504
Email:(>.Je'IT" llJ l~ri\il (fl!~~~lJ 1111
..
..
e
e
October 1,2001
City Councilman Clarke,
On the October 8th City Council meeting you will be presented with minimal
information concerning the donation of building lots to the La Porte Habitat for
Humanity. The purpose of this donation is to allow Habitat to build two homes for
low income home owners.
I am one of several homeowners that lives adjacent to the now vacant lots
that are in question.
Here are the facts that won't be volunteered from any other parties involved:
o I have been actively pursuing these same lots for three years.
o During this period of discovery, I have taken complete control of maintenance
and improvements to these lots, also shown by the photocopies enclosed.
o I have been bidding on them for a year, as shown by the photocopies
enclosed.
o I currently have a bid pending with the La Porte Tax Office.
o There has been no interest by anyone else for these lots since 1977 when the
owners abandoned them.
o Up until three months ago, Habitat had no interest in building any more
homes east of SH# 146 because of the Windstorm Building Requirements.
o There are at least eight other home building sites available to Habitat on the
Northside alone.
o My current bid on the lots is $7600.00 and is payable upon acceptance of the
bid.
o Habitat will always be looking for free or low cost land to build on.
o These vacant lots are my only opportunity to have the ability to expand my
homestead in the future.
Bottom line is that this program is aggressive and creative but it also carries
the ability to cancel my rights to fair and just treatment by the City for the Resale
Tax Acquired Property Program. The rules were changed in the middle of the
e
e
bidding process and I may lose the rare chance for additions to my home.
The Habitat group can build anywhere.
I propose that La Porte Habitat for Humanity be directed to build on another
site on the Northside and I will pay the acceptable bid for the vacant lots.
All that I ask is that you take all of the facts under consideration and make the
right decision. This can truly be a win/win situation if proper respect is given to all
parties.
Please contact me at your earliest convenience with any questions or
clarifications concerning this matter.
Sincerely,
D. Paul Larson
D. Paul Larson
406 4th St., North
La Porte, TX 77571
(wk) 713.947.6606
(hm) 281.842.7441
e
e
BUILDING LOTS AVAILABLE TO
HABITAT FOR HUMANITY
ON THE NORTHSIDE
P028 Lots 27-28; Block 90 423 N. 5th.
P056 Lots 8-9; Block 375 908 N. 1st.
P062 Lots 21-23; Block 63 207 N. 2nd.
P083 Lots 3-4; Block 62 216 N. 2nd.
P088 Lots 9-10; Block 31 213 S. 6th.
P105 Lots 9-10; Block 84 312 N. pt.
Pll1 Lots 21-22; Block 33 218 N. 3rd.
P112 Lots 29-30; Block 77 300 blk N. 7th.
Note: This list excludes four lots on North 4th St. being acquired by City of La Porte
Parks and Recreation (PlIO) and four lots that are actively being sought by myself
(P033).
This list is accurate as of August 17, 2001.
e
e
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
August 17,2001
; @@[P)W
FROM:
John Joems, Assistant City r
\~
~r~
~~r
TO:
Mayor and City Council
Robert T. Herrera, City Manager
Habitat for Humanity
Opportunity for Building on the N orthside of La Port,
Councilman Warren and I met with Habitat for Humanity several times to discuss opportunities for
building sites on the Northside. The City's list of tax delinquent properties on the Northside (zoned
residential) has been reviewed by Habitat along with the potential to secure other lots.
SUBJECT:
The Habitat for Humanity B,oard has voted to build two homes on Lots 8-11, Block 88, if the City
will work with them to secure these lots. I expect a formal request from them shortly.
These lots are on the City's tax resale list and the six-month right of redemption has passed. There is
a fifth lot (Lot 12; Block 88) on the tax resale list that is adjacent to the four lots that Habitat is
interested in. The property owner adjacent to this fifth lot has shown an interest in these properties
and may submit a bid for the fifth lot.
The Audit Committee was informed of these discussions at their meeting rim July 23 and was
generally positive about this opportunity.
I have asked the Finance Department to do a follow up memorandum on the ~rocess and expense
associated with purchasing these properties.
c: Cynthia Alexander, Director of Finance
Doug Kneupper, Director of Planning
JJ/cns
e
e
CITY OF LA PORTE 2001 TAX RESALE PROPERTIES
NORTH SIDE AREA
~.
r
I
[
I '
J
I
l-
I
I
I
I
I
I
I
J
I
I
I
,e
e
REAL PROPERTY' OFFER FORM
OFFER TO PURCHASE PROPERTY FROM THE CITY OF LA PORTE. TRUSTEE
(submit one offer for each account)
OFFER NAME(S):
P. ?4UL LA~So,v
'-(O~ L{~ S{-, I NoRTH
,
ADDRESS:
2IJ I. '8'12, 'J t!~ /
PHONE/FAX NUMBER(S): INk 7/3. 9t17. ~~o6
HCAD ACCOUNT NO.: 023 2.08 088 009
PROPERTY DECRIPTION:' [P033J" Vrf-c..4JUr' toTs l4iXSA- CC{VT TO Mr HoME
ON 77ft; N'oRl7/S/])E .
AMOUNT OFFERED: $3500-
GOOD FAITH PAYMENT:(10% of offer amount)
1t3'So -
,
- _ -~:',~;' .'. perty by the
, :?~5!:~{3J:,'_'; ::l the Ci~ of
the City will
~ sale of tax
::tween said
-9- ~--
W DootalIIOI'>~
I a.. .C~~'~e ~".en<eI>l
I understand
1 units agree
19 4nit to an
In to the tax
I also state
i
RECYCLED PAPER *
DA TE: /0. / t(. tJ ()
GOTHIC SPlENDO~WDGS
#/~~
OFFEROR:
SWO~ TO AND SUBSCRIBED BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS THE
/9"' DAY OF OC'lCber, 1RI~.O '/---:\
. . ,~UcnJ
NOTARY PUBLIC, STATE OF T
,\Nfi{~,
~.",;,
. .:..;
...~~
1'-"
LORIE DOUGHTY
MY COMMISSION EXP1RES
SepI8mber 13, 3Xl3
. :
J '
I
I
I
i
I
I
I
I
I
I
I
I
I
I
I
I
I
I
e
e
REAL PROPERTY OFFER FORM
OFFER TO PURCHASE PROPERTY FROM THE CITY OF LA PORTE. TRUSTEE
(submit one offer for each account)
OFFER NAME(S): ]). f.t4\)L- LAie.SeuJ
ADDRESS: . ,/p 6 ~~ s--f.. II,,~ rr/
,
PHONE/FAX NUMBE;R(S):C_J 7/3. ''f7.:~w;, /(f4X) 7/1. '';7.,,~'1 jp-J 28/. 81/Z.7rrl
HCAD ACCOUNT NO.: 023 208 oRB oOr
PROPERTY DECRIPTION: :# 'P033 ' - ~ Ldrs; ,4/)'SIf~-r "1""'0
my f/oMf ON tHe- Noknt 'S1'De.
~ "0/00- ~ ~
~ rb{6Io--
AMOUNT OFFERED:
GOOD FAITH PAYMENT:(10% of offer amount)
-~,f';''.~ --,:3
. perty by the
~s contained
.. ~hase of the
the City of
the City will
/ -~) sale of tax
$ (p / Ot~tween said
Dollars 6J ~
in'
understand
I units agree
19 unit to an;
n to the tax
I also state: .
j
afT
arr
I a: >")':'"rke;'J""er'w",
I
At'
,-----~----- ...-.----.--. .-..._--_...., --. ._---_.. .----.-.-
111800 ~ :U; ~oo qlll
RECYCLED PM'Efl *
GOTHIC SPLENOORC!lWDGS
DATE: .3. 22. 0 (
41V~~
OFFEROR:
SWORN TO AND SUBSCRIBED BEFORE ME.. THE UNDERSIGNED AUTHORITY, ON THIS THE
~& DA Y OF fYla..A.c..h , j.9..QL. / . I) . /1 fL
, ,LJ~a~ ~~~
NOTARY PUBLIC, STATE OF TEXAS
i~.::;t~
[:~A
\~.JI(.."
"~..fi':$'"
.'~
.-!~
TRACIE CHARI...EVlU.E i
MY COMMISSION EXPIRES J
NOYeniler 24, 2002 ~
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
e
e
REAL PROPERTY OFFER FORM .
OFFER TO PURCHASE PROPERTY FROM THE CITY OF LA PORTE. TRUSTEE
(submit one offer for each accou~
OFFER NAME(S): 0.' v4u L L4-I<SD~
ADDRESS: 'f 0 b t.(~ 51 ;( rRr1f
PHON ElFAj. NUMBER(S): ((-{vt<) 28{-8<(2~7<{Y( C~k) 7/3-'lCf7-66r:(;
HCAD ACCOUNT NO.: VO 35' 623 208 088 ooq
PROPERTY'DECRIPTION: fJ035 ~U.~.()k)T L..6rS ADJ7\CGv-r ID N\,Y
;r/-oKrtI s [PE f/oM. e: . .
~ 7600-
AMOUNT OFFERED:
I
-t/76o ~
GOOD FAITH PAYMENT:(10% of offer amount)
,
. ired property by the
nditions contained
the purchase of the
.., eited to the City of
:flY offer, the City will
'i'tand the sale of tax
nflict between said
e, and I understand
II taxing units agree
ch taxing unit to an
addition to the tax
)e paid. I also state
f:jCl_l(~~nam
I:~' .. ~ 0 7 .Ii 0 l.1: 0 b b 2 III aDO l. ~ b l. DOli III
o
l'lEcYCt.EOPAPER*
GOTHIC sPlEl,.OOMWD9S
#U~
OFFEROR:
DATE:
7~ 2{-O{
$~~ TO AND ~BED BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS THE
DAY OF ,~~'?\ _ \. '
W~ ~c..
NOTARY PUBLIC, STATE OF TEXAS
.
e
.
.
e
.
.
,..
.-1
.
l
-.~
~
.
.
.
r-
I
-,
t;,(i