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HomeMy WebLinkAbout2003-09-22 Regular Meeting . e J e e A e e MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL SEPTEMBER 22, 2003 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilmembers Peter Griffiths, Chuck Engelken, Howard Ebow, Bruce. Meismer, James Warren, Charlie Young, Barry Beasley, Mike Mosteit and Norman Malone Members of Council Absent: Members of City Executive Staff and City Emplovees Present: City Manager Debra Feazelle, Assistant City Manager John Joems, City Manager's Administrative Assistant Crystal Scott, Emergency Services Director Joe Sease, Assistant City Attorney Clark Askins~ Interim Planning Director Nick Finan, Building Official Debbie Wilmore,. City Secretary Martha Gillett, Police Chief Richard Reff, Assistant City Manager Cynthia i\.lexander, Assistant Finance Director Michael Dolby, Public Works Director Steve Gillett, Parks and Recreation Director Stephen Barr, Fire Chief Mike Boaze, Purchasing Manager Susan Kelley, Special Operations Officer Kelly Green, Public Safety Clerk Shannon Green, Administration Director Carol Buttler, Deputy Court Clerk Patty Gutierrez and Assistant City Secretary Sharon Harris Others Present:' Sue Gale Mock Kooken, Bill Scott, Sarah Zwiercan, Mallary Zwiercan, Haili Zwiercan, Melissa Free, Ashley Free, Jenna Clopper, Danielle Cherry, Brittany Headspeth, Caroi Gray, Sharlene Anchick, Ashley Kelly, Robyn Compton, Amber Emanuel, Katie Lance, Michelle DeBusk, Stephanie Moore, Kara Moore, Ashlyn Gray, Christie Cooksley, Heather Meismer, Courtney Syzdek, Julene Everett, Heather Dugue, Melissa Brodie, Natalie Bretting, Melissa Mobley, Jana Wells, Katie Self, Jenna Miller, Jonathan Cameron, Beth Bonuelos, Carrie Novark, Kim Meismer, Brooke Meismer,- Heather Goodwin, Eric O'Donel, Mrs. Eric O'Donel, Cari Smith, Kim Bretting; Aaron Kimball, Amy Lowry, Lindsey Duff, Matthew Koppa, Mike Cooksley, Kari Cooksley, Nikki Godfrey, Dana Gray, Carol Wells, A,iniee Bird, Patty Gutierrez, Dorothy C~oksley, David Drake, Justin Hance, Tom Aber, Julie Anna Lee, Jon Anne Swearingen, Bruce Compton, Jeanice Compton, Elizabeth Rivera, Logan Towery, Daniel Castafion, Ricky Turner, Stanley Briers, Adam Solis, Barbara Norwine, Spero Pomonis, "Houston Chronicle's This Week" Carol Christian, Imogene Pulleine, Colleen Hicks, Charlie Doug Boyle, Tommy Moser, Delia Claus, Dottie Kaminski and Susan Armstrong 2. Pastor Alan Neel of the Life Community Church delivered the invocation. 3. 'Mayor Malone led the Pledge of Alle8iance.' - 4. PRESENTATIONSIPROCLAMATIONS Mayor recognized Special Operations Officer Kelly Green; reading a letter received from the Chief of Police ofthe Town of Marshall Creek and another letter from Judge Molly Mannes Baines. . A. Judge Louie Ditta presented Patty Gutierrez in-honor of the Employee of the Second Quarter 2003 award. B. Mayor Malone presented a proclamation to honor the La Porte High School Cheerleaders. C. Mayor Malone read a proclamation in honor of Constitution Week. 5. CONSENT AGENDA A. Council to consider approving Minutes of the Regular Meeting, Public Hearing, and Workshop Meeting held on September 8, 2003. City Council Regular Meeting - seplber 22, 2003 - Page 2 e B. Council to consider awarding a contract for annual supply of reinforced concrete pipe as presented by Director of Public Works Steve Gillett. C. Council to consider awarding a contract for new and replacement vehicles as presented by Director of Public Works Steve Gillett Motion was made bv Councilmember Young to simultaneouslv"vote and approve on all items of the Consent Agenda. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Meismer, Warren, Young, Ebow, Griffiths, Beasley and Malone Nays: None Abstain: Mosteit 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA Bill Scott of 1807 Lomax School Road, La Porte, Texas 77571- Mr. Scott continued to challenge the feedlot next to his home and noted comments made by a Councilmember at past meetings. In addition, Mr. Scott informed Council the feedlot has lowered the value of his property. 7. Council to consider approval or other action regarding a resolution designating representatives for Houston- Galveston Area Council 2004 General Assembly and Board of Directors. Mayor Malone gave summary and recommendation and answered Council's questions. Motion was made by Councilmember Griffiths that Councilmember Enl!elken continue to serve as the representative and Councilmember Beasley serve as the alternate. Second by Councilmember Warren. The motion carried. 8. Council to consider approving an Ordinance authorizing the City Manager to execute a Grant Agreement between the City of La Porte with the Aviation Division ofTXDOT for improvements to the La Porte Municipal Airport. Director of Public Works Steve Gillett gave summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2660: AN ORDINANCE APPROVING AND AUTHORIZING A GRANT AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE AVIATION DMSION OF THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR IMPROVEMENTS TO THE LA PORTE MUNICIPAL AIRPORT, APPROPRIATING NOT TO EXCEED $50,000.00, TO FUND SAID CO~CT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTNE DATE HEREOF. Motion was made bv Councilmember Meismer to approve Ordinance 2003-2660 as presented bv Mr. Gillett. Second by Councilmember Engelken. The motion carried. Ayes: Engelken, Meismer, Warren, Young, Ebow, Griffiths, Beasley, Mosteit and Malone Nays: None Abstain: None 9. Council to consider approving the amended Alarm Ordinance under Chapter 30 of the City Ordinances as presented in the Workshop on September 8, 2003. Chief of Police Richard Reffgave the summary and recommendation and answered Council's questions. City Council Regular Meeting - seplber 22, 2003 - Page 3 e Assistant City Attorney read: ORDINANCE 2003-2661: AN ORDINANCE AMENDING CHAPTER 30, "EMERGENCY SERVICES", ARTICLE II, "ALARMS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00), AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Griffiths to aoorove Ordinance 2003-2661 as presented by Chief Reff. Second by Councilmember Young. The motion carried. Ayes: Engelken, Meismer, Warren, Young, Ebow, Griffiths, Beasley, Mosteit and Malone Nays: None Abstain: None 10. Council to consider granting authority to provide written notice of increase from 3% to 5% for franchise to Time Warner Communications. Assistant City ManagerlDirector of Finance Cynthia Alexander gave the summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-98-2260-A: AN ORDINANCE AMENDING ORDINANCE NO. 98-2260, "AN ORDINANCE RENEWING THE GRANT OF A NON-EXCLUSIVE FRANCHISE TO TEXAS CABLE PARTNERS, L. P., SUCCESSOR TO TELE-VUE SYSTEMS, INC." SECTION 6, "PAYMENT TO THE CITY"; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. The motion was made by Councilmember Griffiths to approve FIRST READING of Ordinance 2003-98- 2260-A asoresented by Ms. Alexander. Second by CouncilmemberYoung. The motion carried. Ayes: Engelken, Meismer, Warren, Young, Ebow, Griffiths, Mosteit and Malone Nays: Beasley Abstain: None 11. Council to consider approving an ordinance authorizing the City Manager to execute the Agreement, Special Warranty Deed, Sanitary Sewer and Water Line Easement and Drainage Easement between the City of La Porte and PPG Industries, Inc~ for the construction of Bay Area Boulevard and the Trunk Sewer. Director of Public Works Steve Gillett gave the summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2662: AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND PPG INDUSTRIES, INC., FOR THE ACQUISITION FROM PPG INDUSTRIES, INC. OF RIGHT -OF-WAY FOR BAY AREA BOULEVARD, INCLUDING A SANITARY SEWER AND WATERLINE EASEMENT, AND A DRAINAGE EASEMENT, IN CONNECTION WITH THE CITY OF LA PORTE AND HARRIS COUNTY PROJECf FOR THE WIDENING AND IMPROVEMENT OF BAY AREA BOULEVARD, IN EXCHANGE FOR THE VACATING, ABANDONING, AND CLOSING OF CERTAIN STREET AND ALLEYS IN THE CITY OF LA PORTE, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. City Council Regular Meeting - se.ber 22, 2003 - Page 4 e The motion was made bv Councilmember Griffiths to aporove Ordinance 2003-2662 as presented bv Mr. Askins and Mr. Gillett. Second by Councilmember Meismer. The motion carried. Ayes: Engelken, Meismer, Warren, Young, Ebow, Griffiths, Beasley; Mosteit and Malone Abstain: None Nays: None 12. Council to consider approving or other action regarding an ordinance appointing members to the City of La Porte Chapter 172 Board of Trustees in accordance with Section 172 of the local government code. Iriterim Human Resource Manager AI Freeman gave the summary and recommendation ~d answered Council's questions. Assistant City Attorney read: ORDINANCE 2003-2663: AN ORDINANCE APPOINTING MEMBERS TO THE CITY OF LA PORTE CHAPTER 172 BOARD OF TRUSTEES IN ACCORDANCE WITH SECTION 172 OF THE LOCAL GOVT CODE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. The motion was made by Councilmember Beaslev to aoorove Ordinance 2003-2663 as presented bv Interim Human Resources Manager Al Freemen. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Warren, Young, Ebow, Griffiths, Beasley, Mosteit and Malone Abstain: Meismer . Nays: None 13. . Council to consider appointment of committee members and approval of the Ad Hoc Code Recommendation Committee. Interim Planning Director Nick Finan gave summary and recommendation and answered Council's questions. . Assistant City Attorney read: ORDINANCE 2003-2664: AN ORDINANCE APPOINTING MEMBERS TO . THE AD HOC CODE RECOMMENDATION COMMITTEE OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETlNGS LAW; PROVIDING AN EFFECTNE DATE HEREOF. The motion was made bv Councilmember Beasley to approve Ordinance 2003-2664 as {'resented by Mr. Finan and apoointine: the following members: . Stanley Briers.- General Contractor . Mike Clausen ~ Lay Person/La Porte Independent School District Tommy Moser - Master Electrician Ed Yung-Architect (Mr. Young noted he needed to confirm he is willing to serve) , Tim Cobb - Plumber . . Tom Campbell- Plumber Bill White - Civil Engineer Carlos Smith - Civil Engineer Tom Stringer - HV AC Second by Councilmember Ebow. The motion carried. Ayes: Engelken, Warren, Young, Ebow, Griffiths, Beasley, Mosteit and Malone Apstain: None Nays: Meismer City Council Regular Meeting - sep.ber 22, 2003 - Page 5 e 14. ADMINISTRATIVE REPORTS Assistant City Manager John Joems noted that Crystal Scott received a scholarship to attend a Conference in Lubbock. Mr. Joems reminded staff of the Salute to Industry Golf Tournament to be held September 24th at the Bay Forest Golf Course beginning at 8 a.m. Mr. Joerns also announced the Salute to Industry Dinner in recognition .ofPPG Industries will be held September 25th at the Sylvan Beach Pavilion beginning at 6:30 p.m. Mr. Joerns reported that the Boards and Commissions Orientation will be held at the La Porte Fitness Center on September 29th at 6:30 p.m. The Neighborhood Center "Sneak-a-Peek" will be held on Friday, October 3, 2003, from 4 p.m. until 6 p.m. Mr. Joerns also made staff aware of the group "The Big Band" who will be performing on October 19th at the Sylvan Beach Pavilion from 6 p.m. until 9 p.m. 15. COUNCIL COMMENTS Councilmembers Engelken, Ebow, Meismer, Malone, Warren, Griffiths, Beasley, Young and Mosteit had comments. 16. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS GOVERNMENT CODE, (CONSULTATION WITH ATTORNEY, DELmERATION REGARDING REAL PROPERTY, DELmERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELffiERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELmERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. There were no items to be discussed in Executive Session. 17. CONSIDERATIONS AND POSSffiLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION Due to no Executive Session, there was no action to be taken. 18. There being no further business to corne before Council, the Regular Meeting was duly adjourned at 7:58 p.m. , Re.iVjtfully SUbmi~ ~!JJ~~ . City Secretary Passed and approved on this 13th day of October 2003 /&:n~n[~ Norman Malone, Mayor e e B e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 13. 2003 Aoorooriation Requested By: Susan Kellev JL , Source of Funds: Computer/General Department: Purchasinll Account Number: Various Report: -1-- . Resolution: _ Ordinance: Exhibits: Amount Budgeted: $227;900 Amount Requested: $227,900 Budgeted Item@ NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION In the past, City staff submitted a Request for Proposal in order to receive pricing for computer supplies. Due to increased technology and the continual upgrading of computer hardware and software, the items bid were often obsolete prior to. award by Council. In an effort to minimi:i.e staff time and effort on researching the latest comparable or "equal" product to the item bid, staff is requesting approval to purchase computer and technology related products from the State of Texas Department of Information Resources (OIR). The City will utilize an interlocal agreement with the State of Texas approved by City Council on July 12, 1994. - MIS staffhas identified the majority of purchases as listed below: Twelve (12) Network File Servers Three (3) Network Switches, Two (2) Server Racks & Related Equipment Thirty-eight (38) Personal Computers & related parts for repair and upgrade Twenty-four (24) Notebook Computers Network Software . Three (3) scanners andlor document imaging equipment, Three (3) Printers MiscellaneoUs Items Total Estimated Costs $ 55,450 $ 17,635 $ 55,400 $ 74,300 $ 17,865 $ 7,250 $ 5.000 $227,900 Staff Recommendation: Action Required bv Council: Approve utilization of interlocal agreement and expenditure of computer funds to State of Texas Department of Information Resources. Approved for City Council Ae:enda. . ~a)~ e ra . Faze Ie I er bO- 2-03 ate . e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 13. 2003 Appropriation Requested By: Susan Kellev Source of Funds: Various Department: Purchasine Account Number: Various Report: Resolution: X Ordinance: Amount Budgeted: $1,038,700 Exhibits: Resolution Amount Requested: $1,038,700 Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION On October 22,2001, City Council passed a Resolution and Supply Agreement as a fmn commitment to participate with H-GAC Energy Purchasing Corporation. On January 1, 2002, TXU became the City of J,.a Porte's electrical provider through this agreement. The contract term was for a two (2) year period and the City's contract with TXU will expire on December 31, 2003. H-GAC has provided an estimation of 22% savings for all facilities over the duration of the contract. Several aggregates and Retail Electric Providers (REP) have submitted information and requested to become our electrical provider. After research and review of the docwnentation received, I focused my evaluation to two (2) providers, H-GAC Energy Purchasing Corporation/TXU and General Land Commission's State Power ProgramlReliant Energy. Based on an evaluation of advantages/disadvantages, I recommend renewing our contract with H-GAC!fXU. Due to the fluctuating market and large increase of fuel fees, TXU is monitoring the retail market and will update City staff on market conditions and submit pricing plans and term options they believe to be advantageous. City staff will then analyze the options and choose the plan and contract term that best benefits the City of La Porte. Staff Recommendation: Renew the City's participation with H-GAC Energy Purchasing Corporation and sign an agreement to purchase electricity from TXU, our current provider. Action Reauired bv Council: Pass a Resolution authorizing the City Manager and Assistant City Manager or Purchasing Manager authority to sign an agreement with H-GAC Energy Purchasing Corporation. . Approved for City Council Aszenda /p/e, jp,:$ Dati { . e Resolution Authorizing Signatory Authority for Participation in the H-GAC Energy Purchasing Corporation The governing body of the City of La Porte grants authorization to Debra B. Feazelle. City Manae:er. Cynthia Alexander. Assistant City Manager. or John Joems. Assistant City Manae:er and Susan Kelley. Purchasine: Manager to act in behalf of this entity to review H-GAC approved pricing offers from TXU and execute a favorable contract for the supply of electricity. --11L:J j,. L) '3 Date . . DEe 9 2003 . , I, .. .1~~ ";\':S'i~;~~~~_'.~.~?::..'~.~" . I__.~- .. .. TXU Energy Retail Company LP 1717 Main Street, Suite 2000 Dallas, TX 75201 Tel 214 875 9000 Fax 214 875 8908 r.~ , I.:~i I~~ December 3, 2003 IDEe 11 2003' Cf.-Y :.";:~;.,..~,: ;;.;4WV'$ OFFICE City of La Porte 604 W. Fairmont Parkway La Porte, TX 77571 Attention: Ms. Cynthia Alexander Subject: Execution of Electricity Supply Agreement, Number K# 3-IX46N.16 Dear Ms. Alexander: TXU Energy Retail Company LP (TXU) would like to thank you for the opportunity to continue a long-term business relationship between our companies. TXU hereby returns a fully executed original Agreement (Transaction Confirmation, Price Sheet, Base Contract and Exhibit AI A-I) for your records. If you should have any further questions regarding the Agreement, please contact the undersigned name for immediate attention. For any other questions regarding your account, please contact your Sales Account Manager, Greg Pendley at 713-243-6255. Thank you for choosing TXU as your Retail Electric Provider to meet your electric energy needs. Sinc~ly, ~~,~ Debbie L Johnson Contracts Administrator TXU Energy Phone: (214) 875-9476 E-mail: djohns23@txu.com Enclosures cc: G. Pendley e e Transaction Confirmation #: 3-IX46N-16 TRANSACTION CONFIRMATION FOR THE SUPPLY OF ELECTRICITY BUYER:. City of La' Porte 604 W Fairmont Pkwy La Porte, TX 77571 Phone: 281) 471-5020 Fax: 281 741-1884 1. AGREEMENT TERM II. PAYMENT TERMS/METHOD m lN1T1AL DEPOSIT AMOUNT Iv. BILL TO: V, STANDARD SERVICES VI. CUSTOM SERVICES VIT. SPECIAL PROVISIONS vm. COST PER KWH IX. MONTHLY CONTRACT USAGE TOLERANCES . X. BASE CONTRACT SELLER: TXU Energy Retail Company LP 1717 Main St, Suite 2000 Dallas, Texas 75201 Attention: Retail Contract Administration Phone: 214-875-9000 Fax: 214-875-8908 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 on or after 1/112004, 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 on or after 12/3112006. MuIti-site-l invoice Via Hard Copy/ Net 15 Days.. Via Check No ini~ deposit required. Buyer will provide billing information Toll free number (800) 725-7920 for 24 hour emergency outage and customer service, available 7:00 a.m. to 7:00 p.rn.. on nonnaI business days; Assigned customer service representative, billing analyst,' and assigned professional account manager. Access to the TXU Gatewa web Not Applicable~ Aggregation Fee of $0.00045 per kWh actually consumed by Buyer will be collected by Seller on behalf of and paid to HGAC Energy Purchasing C tion. See attached Price Sheet. 20% .per month for excess usage and 20 % per month for under Usage (see section N, Calculation and Payment of Charges in the Base Contract for S ly ofElectrici ) THE BASE CONTRACT FOR THE SUPPLY OF ELECTRICITY ("BASE CONTRACT"), SEPARATELY EXECUTED BY BUYER AND SELLER, IS PART OF THE AGREEl\1ENT TO ~CH THIS TRANSACTION CONFIRMATION APPLIES. BUYER ACKNOWLEDGES THAT IT HAS RECEIVED THE BASE CONTRACT AND IN THE EVENT THAT BUYER HAS NOT PREVIOUSLY EXECUTED THE BASE CONTRACT BY SIGNING THIS TRANSACTION CONFIRMATION, BUYER AGREES TO BE BOUND BY THE BASE CONTRACT AS PROVIDED BY SELLER. Seller Legal Name: TXU Energy Retail Company LP, a Texas Limited Partnership By: TXU Energy Retail Management Company LLC, its General Partner Seller . -.?K TitIe:llr , L L Date: '() ersion: HGAC TRANSACTION CONFIRMATION 093003 La_Porte_38_mo_ TC[3].doc . Page 1 of2 -[) 1-D3 CONFIDENTIAL . e fJTXU TXU Energy Price Sheet - Flat Price Transaction Confirmation #: Account Name: PIan Type: 3-1X46N-16 City of La Porte FLAT . This Price Sheet is only valid in association with and shall remain. subject to the Base Contract for Supply of Electricity (''Terms'') and Transaction Confirmation for Supply of Electricity referenced above and is contingent upon Buyer and Seller's acceptance of ~e . Transaction Confirmation. This Price Sheet is applicable to the Customer ESI number(s) identified on Exlnbit A. Monthly Prices shall equal the sum of (i) the Monthly Standing Charge set forth in Exlnbit A; plus (ii) the applicable per kWh charges set forth below for the electricity; plus (ill) all costs and expenses of any nature whatsoever that are charged by the Transmission and Distribution Service Provider ("TDSP'') for the transmission ~or distnbution 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) the Aggregation Fee; plus (v) all other tariffs, rates, riders, fees, costs, and charges, including, without limitation, installed capacity type charges (and any direct and indirect costs resulting therefrom or associated therewith), charged or required by the TDSP or another party, that are mandated, levied, assessed, allowed, or approved by the Texas. Public Utility Commission and/or any other governmental or regulatory authority(ies), on or with respect to the acquisition, sale, delivery, and purchase of the electricity; plus (vi) all federal, state, and local taxes, of any nature whatsoever, imposed by any gov~enta1 and/or regulatory authority(ies), on or with respect to the acquisition, sale, delivery, and purchase of the electricity, including Seller's Texas Gross Receipts Tax and Public Utility Commission Assessment on the sale of electricity to Buyer; plus (vii) the Over Capacity Charge set forth below, if applicable. Charge Amount (i) Monthly Standing Charge per service $ 0.00 per service point ooint . (ii) All kWh $0.0506571 per kWh $0.0194417 per kWh for delivery, excluding reactive power, based (ill) TDSP Delivery Charges upon current estimate;* Monthly price will be based upon actual charaes. (iv) Aggregation Fee ** $0.09045 per kWh (v) Tariffs, rates, riders, fees, ,and charges other than those included in To be determined, varies by service point msp delivery charges above (vi) All applicable taxes To be determined, varies by jurisdiction (vii) 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 miscelIan~us TDSP charges. ** Aggregation Fe~ of $0.00045 per kWh actually coi:1$umed by Buyer will be collected by Seller on behalf of and paid to HGAC Energy Pmchasing Cotporation. . Forni NameNersion: HGAC PRICE SHEET FLAT PRICE 093003 La.-Porte_36_mo_PS[3].doc Page1of2 CONFIDENTIAL e e .~ -t-ptC Energy Purchasing CDrporatiDn SASE CONTRACT FOR SUPPLY OF ELECTRICITY This Base Contract for the Supply of Electricity rSase Contract"), and (I) .any other attachments, exhibits or appendices to this Sase Contract (including Exhibit "A"), together with (ii) any Transaction Confirmation for Supply of Electricity ("Transaction Confirmation") (Including, as appropriate, one or more Price Sheets) as may be hereafter agreed to (collectively the "Agreement"), Is entered into by and between TXU ENERGY RETAIL COMPANY Lp, a Texas limited partnership rSener") and CITY OF LA PORTE, a Texas political subdivision. rSuyer"), and shall ~nstitute the agreement for the supply of electricity to each Point of Delivery designated by an Electric . Service Identifier (hereinafter individually an "ESIID" or collectiVely the "ESIIDs") of Buyer set forth in Exhibit "A" attached heretc)~ 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 ESI IDs. A condition precedent for the effectiveness of this Agreement shall be the exeCution of a separate Transaction Confirmation and the appropriate Price Sheet(s), and ~greement by the Parties on the terms contained in Exhibit "A" to this Base Contract. Seller and Buyer may hereinafter be referreclto Individually as a "Party" and collectively as the "Parties". . The applicable Tariff(s) 'for Retail Delivery Service (the "Tariff') of the appropriate transmission and distribution utility (the "TDSP") serving, Buyer's Premises is incorporated herein to the same extent as IUul1y set forth, and the Parties acknowledge that as a matter of law they are bound by the terms and conditions of the Tariff. All capitalized terms not defined herein shall have the meaning as set forth In .the Tariff: The pro-forma Tariff, as adopted by the Public Utility Commission of Texas (the "PUCr), may currently be found at the PUCTs website at www.Duc.state.tx.us.as.Appendix IV of the Substantive Rules Applicable to Electric Service Providers. I. SUBJECT MAneR AND QUANTITY. Seller shall sell and cause delivery of, to the Seller Point of Delivery, and Buyer shall purchase and receive, at the TDSP Point of Delivery for each ESI ID, and for use only at the associated Premise(s), all of Buyer's non-residential . electricity requirements for the Premise(s). A "Premise" is a tract of land or real estate or related commonly used tracts, including buildings and other appurtenances thereon, which is listed on Exhibit "A." A Premise may have one or more TDSP Points of Delivery. "Seller' Point of Delivery" herein shall mean the point where Seller's supplier's conductors are connected' to the TDSP's. conductors. "TDSP" herein shall mean a transmission and/or distribution provider under the Jurisdiction .of the Public Utility Commission of Texas (UpUCT") that owns and maintains a transmission or distribution system for the delivery of energy; Including a Municipally owned utility or Rural Electric Cooperative. "TDSP 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. PERFORMANCE ASSURANCE AND CREDIT REQUIREMENTS. [This ArtIcle has been deleted intentionally.] III. TERM. . The "Agreement Term" shall be the time period, as referred to in the Transaction Confirmation, during which the prices contained in the Price Sheet(s) are and shall remain In force. IV. CALCULATION AND PAYMENT OF CHARGES. 4.1 For each Transaction Confirmation then in effect, 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's aggregated consumption under any Transaction Confirmation in any calendar month exceeds the aggregated calendar-month quantities listed In the applicable Exhibit "A-1" by more than the percentage specified in such Transaction Confirmation, Seller shall have the option to price such excess quantities at 105.0% of the then current Retail Market Price. Provided such Is not. the result of a force majeure event or Seller's default hereunder, .If Buyer's aggregated consumption under any Transaction Confirmation in a month is less than the aggregated calendar-month quantities listed in the applicable Exhibit "A-1" by more than the percentage specified in such Transaction Confirmation, then, in 'addltlon to paying In accordanCe with the applicable Price .Sheet for those quantities actually taken, Buyer agrees to pay Seller the positive amount, If any, calculated as follows: [(100% minus the percentage speCified In such Transaction Confirmation) multiplied by (the aggregated quantities on the applicable Exhibit "A-1"j for the applicable month minus the aggregated quantities consumed by Buyer under such Transaction Confirmation during the month), the .Shortfall Quantity"] multiplied by [(the contracted price from the applicable Price Sheet) minus (95% of the then current Retail Market Price for the Shortfall Quantity)]. "Retail Market Price" for purposes of this Section 4.1 only shall be: the weighted average of the ERCOT market clearing price for energy for all congestion zones In the applicable month; plus (a) all charges ~ssociated with (I) Ancillary Service~, (Ii) Line Losses; (ill) Unaccounted. for Energy, aJid(lv) ERCOT administration fees; and (b) any new charges established by the Independent System Operator that load serving Qualified Scheduling Entities are required to pay. For pu.rposes of this paragraph 4.1, Seller reserves th'e right to allocate measured .consumptlon to the calendar month for' any ESllDs not installed with an interval demand recorder ("IDR"). City of LaPorte.nb~dlj.c.102803.doc CONFIDENTlAL e e 4.2 In the event that an lOR must be installed at any.Point of Delivery in order to provide multi-part priclng, 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. . . '. 4.3 To the fullest extent allowed by law, in the event, for any reason whatsOever, Seller is ever. determined to -be, or lias been, Buyer's electricity supplier for a period after the expiration. or termination of a Transaction Confirmation, but before the beginning of a replacement Transaction Confirmation or the switch to another supplier, then Seller may.charge, and Buyer agrees.to pay, for all'such electricity so delivered to each ESI ID during each such billing cycle, a price per kWh equivalent to, at Seller's option for each billing cycle, (I) Seller's then current "standard list price offer," or (Ii) the monthly.retail market rate for the applicable ERCOT congestion zone O.e., the product of (a) the average of the ERCOT market clearing prices of energy (adjusted to a per kWh basis) for' the 'applicable ERCOT congestion zone for each on~peak hour of eacli week-day of the calendar month in which the appliCable billing cycle began (provided that no market clearing price Is to be valued at I~ss than $201MWh ($0.02lkWh) for purposes of this calculation), and (b) 130%].. . 4.4 In the .event that Buyer changes -any poli'lt of delivery to a different delivery service voltage level than the voltage level In place at the time the applicable Price Sheet became effective, Seller retains the right to adjust the contracted price tram the applicable Price Sheet tor that ESIID(s) accordingly. Buyer will not Install baseload generation tQ service the Premise(s) without providing Seller written notification at least 120 calendar days prior to the anticipated date that the generation will come on line. .' 4.5 Buyer shall pay the invoiced amount on or before the due date which shall be speCified in .Article II of the Tran~on Confirmation, or Buyer shall notify Seller. on or before such Invoice due date if Buyer disputes 'any part of 'the invoice tog~ther with Buyer's reasOns (however, Buyer's payment of an invoice anellor failure to dispute an invoice by the due date, in and of Itself, .shall not.constltute a waiver by'Buyer of Buyer's right to contest later the correctness of such invoice), but the undisputed portion shall remain due and payable on the due date. All past due amounts (Including any disputed amounts withheld which are subsequently found to have been payable), shall accrue interest at a rate equal to (i) one pe~nt (1%) per month, or (II) the highest rate allowed by law, whichever is the lesser, from the date such payment was due until the same is paid. . 4.6 In the event that Buyer gives notice of a disputed invoice as set forth In Section 4.5 above, the Parties shall,. for a period of thirty calendar days following Seller's receipt of that notice, pursue diligent, good fa~ efforts to resolve the dispute. Following resolution of the dispute, any amount found payable, including interest shall be paid within thirty calendar days. 4.7 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 business hours the ,records In Seller's possession reasonably necessary for Buyer to .v~rIfy 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 months of the payment due date for which such adjustment or correction Is requested. It is understood and agreed that Information and records In Seller's possession that are provided pursuant to this section 4.7 constitute proprietary and confidential information of Seller, the release of which could hinder or harm Seller's competitive position; therefore, such Information and records are not intended to constitute public information under the Texas Public ,Information Act and shall not be released by Buyer, unless determined otherwise by the Texas Attorney General or a court .ofcomp~tent JuriSdiction. However, nothing In this section shall require Buyer to bring a legal challenge in any court to seek to overturn a ruling by the Texas Attorney General's Office or a court requiring disclosure pursuant to the provisions of the Public Information Statutes, but Buyer 0) shall cooperate and assist Seller in the event Seller should bring such a challenge and (Ii) make no disclosure until when-~nd if'SeIIer's challenge ha~ been finally denied. All information and records provided hereunder constitutes the property of Seller, and such information and records, and copies thereof, as well as all notes taken therefrom, shall be returned to Seller promptly after the resolution of any invoice accuracy concerns. . 4.8 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 end of the time period specified in Article II of the Transaction Confirmation. The address to which paymentS are to be made shall be as set forth in the Transaction Confirmation. For Buyer to pay Seller other than by check, Buyer needs to obtain required Information/agreements with Seller. . '. 4.9 Buyer agrees that it shall abide and be bound by tlie 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. However, In the event that Buyer, as a matter of law, should ever have the right to claim Price to Beat and thereby terminates this Agreement, Buyer ~grees to pay to Seller, the positive amount, If any, calculated as,follows: (all quantities of electricity attributable to all Premises from the date of termination of this Agreement through the end of the Agreement Term) multiplied by (the contracted price frorn the applicable Price Sheet minus 95.0% of the then current retail market value for such quantities). 4.10 In the event Buyer ever takes electricity exceeding the Maximum kW for any Premlse(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, if any, Will be set forth on Exhibit "A-, and shall be recorded at the TDSP Point of Delivery. 4.11 Buyer represents and warrants that as a political subdivision of the State of Texas it is exempt from state sales taxes pursuant to section 151.309 of the Texas Tax Code. (Information' pertaining to such exemption shall be provlded'tO Seller as requested.) Therefore, Seller, to the extent that it is i'lot required to pay such taxes, will not flow through to Buyer the costs of such taxes hereunder. . , City of LaPorte.nbc.dlj.c.102803.doc CONFIDENTIAL . e '4.12 FOr purposes of this Section and Sections 6.2, 6.3, 8.3. and 12.2, the current Mai'ket Value shall mean the price that Seller would reasonably be able to Qbtain from the sale of the unpurchasedlllquidated quantities. . Seller shall have a duty to use commercially reasonable efforts to obtain a commercially reasonable pri~ for the sale of such quantities. .. . V. METERING EQUIPMENT. The supply of electricity to Buyer at the TDSP Point(s} of Delivery shall be measured by the TOSP, or its successor, utilizing its Metering Equipment in accordance with its Tariff. 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 accLlrate. If notice'is given (unless otherwise ag~ed), Seller shall request the TOSP to examine Metering Equipment in accordance with the Tariff. If such test by the TDSP finds that the Metering Equipment was Inaccurate, suitable adjustment shall be made In the accounts rendered by Seller, and, within a reasonable period following that determination, the Metering Equipment shall be IlK:alibrated or replaced by the TDSP or itS successor. 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.dueto al:ld. from Seller shall be paid' forthwith. If appropriate meter reading personnel cannot gain access to read the Metering Eql,llpment, or' the Metering Equipment fails to register correctly the amount of electricity supplied, or the readings are not communicated to Seller by the , TDSP in time for whatever reason, Seller shall reasonably estimate the quantity of the electricity consumed and Buyer shall pay the charges for the e.stimated 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 TOSP. Seller is not responsible for damage to the Metering Equipment unless caused by Seller's negligence. VI. . BUYER'S ELECTRICITY NEEDS. 6.1 . Both Parties. will work in good faitn during the Agreement Term' to reasonably. accommodate and assist Buyer -with' the management of Its electricity needs at the Premises. For example, if Buyer desires to add or delete existing Premises, or to extend the . Agreement Term, both Parties will work in good faith to mutually agree upon the terms and conditions that are economically viable to bothl=>>arties. However, notwithstanding the previous language, nothing contained herein shall be construed as to deny or diminish ~e 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. In the event that the TOSP experiences difficulties which cause interruptions In service to Buyer, Seller will take reasonable actions in working with the TDSP and Buyer in an attempt to have service restored' to th~ Buyer. ,6.2(a) Buyer shall have the limited right to add or delete ESIIDnumber(s} from an Agreement without mod~ng the aggregated quantities of electricity set forth on the applicable Exhibit "An, SO long as (I) the cumulative total quantities of electricity attributable to such additional ESIIO(s} do not exceed five percent (5.0%) of the aggregated quantities listed on such Exhibit nA. or (il) the c~mulatlve total quantities of electricity attributable to such deleted ESIIO(s} do not exceed five percent (5.0%) of the aggregated quantities listed on such Exhibit "A". Notwithstanding anything to the contrary contained herein, Buyer may only add or delete ESIID number(s} associated with guard lights, lighting, ancl9ther such Premise(s} from an Agreement once per calendar month. (b) In the event that Buyer desires to add an ESIID numbers(s} to an Agreement, it shall notify Seller in writing at least thirty (30) calendar days prior to the desired effective date of each such addition. Seller and Buyer shall agree upon the quantities of electricity that are appliCable to each added ESI 10 number, and Seller will examine the request in order to determine whether such addition would result in Buyer being outside of the tolerance range set forth above. In the event that any addition(s} would have such a result, then Buyer shall be required to purchase (for the remaining Agreement Tel'l'i1) an additional quantity of electricity necessary to avoid such a result, at the then current market based price as reasonably determined by Seller. In such event. the applicable Exhibit "An shall be' modified to reflect the additional quantities so purchased effective as of the effective date of the requested addition, and Seller thereafter will utilize Exhibit "An as mOdified in determining whether any future requests to add or delete under such Agreement WOuld result in Buyer being outside. the tolerance range set forth above. (c) In the event that Buyer desires to delete an ESIID number(s} from an Agreement, It shall notify Seller in writing at least thirty (30)' calendar days prior to the desired effective date of each such deletion. Seller and Buyer shall agree upon the quantities of electricity that .are applicable'to each deleted ESI 10 number, and Seller will examine the request in order to determine whether such deletion would result In Buyer being outside of the tolerance range set forth above. In the event that any deletion(s} would have such a result, then Buyer shall be required to liquidate (for the remaining Agreement Term) those quantities necessary to avoid such aresult(the "Liquidated Quantities"}, and Buy~r 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 ninety five percent (95%) of the then current Market Value). Buyer shall pay such amount, If any, to Seller within thirty (30) days of the date 'of liquidation. In such event, the applicable Exhibit "An shall be modified to reflect the quantities so deleted effective as -of the effective date of the requested deletion, and Seller thereafter will utilize Exhibit nAn as modified in determining whether any future requests to add or delete under such Agreement would result in Buyer being outside the tolerance range set forth above. . (d) In the event Buyer sells or leases a particular Premise or Premises, without selling, or leasing all of the Premises, and the new owner or lessee of the applicable Premise(s} (i) is willing to sign a new contract with Seller upon virtually identical terms and conditions as the Agreement between Buyer and Seller, (II) Is deemed creditworthy by Seller, and (iii) the new pwner or lessee and Seller can legally enter into such a contract in accordance with the rules and regulations of the PUCT and Is both a government entity and participating member of the HGAC Energy Providing Corporation, then, upon final execution of the new contract by "Seller and the new owner or lessee, the applicable Premise ESIID numbers will be del,eted from the applicable Agreement and their associated quantities City of-LaPorte.nbc.dlj.c.102803.doc CONFIDENTIAL .. e eliminated from Exhibit "AR effective as of the effective date of the sale or .Iease, and neither Party will owe any cOmpensation to the other. In the event that the new owner or lessee (I) is unwilling to sign a contract with Seller uppn virtually Identical tenns and conditions, (II) is not reasonably deemed creditworthy by Seller, or (iii) the new owner or lessee and Seller cannot legally enter intO the contract, then the quantities attributable to the applicable ESI ID numbers shall be liquidated in accordanceWlt.h Secti!)n 6.2(0) above, and Exhibit "A" shall be modified to reflect such deletion' of such Premlse(s) and the Liquidated Quantities effectlvess of the Effective. date of the sale or lease. In either event, Seller thereafter will utilize Exhibit "A" as modified In determining vme~er any future requests to add or delete under such Agreement would result in Buyer being outsi~e the tolerance range set forth above.' , (e) In the event Buyer reduces, but does not eliminate, Its operations' at a particular Premise or Premises through the remain(ler of the Agreement Tenn, Buyer shall have the right to delete the quantities of electricity attributable to the reduction In operations at suc.h Premise(s) from the' effective date of the reduction through the end of the Agreement Tenn (the "Reduced Operations LIquidated Quantities") from the applicable Agreement without triggering a tennlnation of such Agreement If Buyer desires'to exe~lsesuch right with regard to a Premlse(s), Buyer shall notify Seller In writing at least thirty calendar days prior to the effective date. Upon the exercise . of such right, the Parties agree to settle with regard to such Reduced Operations liquidated Quantities' as follows:' (A) In.the event the current Market Value of the Reduced Operations liquidated Quantltlesls greater than the price Buyer would have , paid for the Reduced Operations liquidated Quantities as calculated on the applicable Price Sheet (the "Unpurchased Price"), thl1ln Seller shall give Buyer . credit against future purchases under this Agreement in the amount equal to: the Reduced Operations. Liquidated Quantities multiplied by ninety-five percent (95.0%) of (such current Market Value minus the Unpurchased Price); (B) In the event t1ie Unpurchased Price is more than the cUn'Elnt Market Value of the Reduced Operations Liquidated Quantities, then Buyer shall pay to Seller the amount equal to: the Reduced Operatl!)ns liqUidated Quantities multiplied by one hundred five percent (105.0%) of (Un purchased Price minus such current Market Value). Buyer shall pay such. amount, If any, to Seller within thirty (30) days of the date of liquidation. . Upon ,such liquidation, the applicable Exhibit "A" shall be modified to reflect the deletion of the Iiqui~ated quantities effectiveasofthe:effective date of the requested reduction, and Seller thereafter will utilize Exhibit "A" as modified in detennining whether any future requests.to ad.d or .delete under such Agreement would result in Buyer ~eing outside the' tolerance range set forth above. . VII. BUYER'S REMEDIES PRIOR TO TERMINATION . In the event that during the Agreement Tenn, Seller ever should fail to deliver sufficient quantities of electrlclt}i'to the TDSP for delivery to Buyer, or fail to schedule the delivery of electricity to Buyer by the TDSP, Buyer and Seller recognize that (i),the TDSP, per the TDSP's Tariff responsibilities, nevertheless is obligated to deliver sufficient electricity to satisfy Buyer's needs and' (ii) Seller shall Settle with ERCOT, at no cost or expense to Buyer, with respect to the purchase of electricity to cover any such.fallure. :' VIII. TERMINATION OF AGREEMENT. . 8.1 Events of Default. A material breach of this Agreement In'cludes: (a) the failure of either Party to make any payment'due to the other Party pursuant to the tenns hereof; (b) the failure of a Party to comply with any other material tenn 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 p~edings, or takes 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 effect. upon this Agreement, either Party or either Party's perfonnance 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 AgreemenfTerm; or (f) If Buyer sells, leases, closes or otherwise conveys or assigns any Premise(s) In which the electricity sold hereunder is utilized,. without the prior written consent of. Seller in accordance with Sections 6.1, 6.3, or 14.2 hereof. If either Party commit,s 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 rOrlglnal Notice"). The non-breaching Party may, in its sole discretion, and without prejudice to any ollier rights under this Agreement, at law, or in equity, tenninate this Agreement (i) thirty calendar days after providing a notice of such breach in the event the breach pertains to item (a) in this paragraph above and the breaching Party fails to cure the breach before the end of such time' period, or (Ii) effective Immediately In the event the breach pertains to items (c), (e), or (f) in this paragraph above, or (ill) thirty 'Calendar days after providing a notice of such breach If the breaching Party fails to cure any breach other than one related to (a), (c), (e), (f), or (g) above (the "Early Termination Date.). 8.2 Remedies UDon Tenninatlon. (a) If Seller tennlnates this Agreement due to a material breach by Buyer as described in this Article VIII, .Seller shall .transfer' Buyer to the POLR. Upon tennination of this Agreement by Buyer due to a material breach of Seller, Buyer shall have the right to select any other REP as Its electricity provider. . ' . (b) Pursuant to the revised PUCT rules that forbid a retail electric provided from switching a delinquent paying customer to the POLR and notwithstanding anything in the' Agreement to the contrary, Seller shall have the right to order the TDSP to disconnect electric service to Buyer's Premise(s) If the Agreement is tenninated pursuant to item (a) In Section 8.1 (with the requisite notice and opportunity to cure) due to a material breach of Buyer in failing to make payment due to Seller. However, Seller shall not have the right to order the TDSP to discOnnect electric service (i) for the non-payment of amounts that are subject to a bona fide' dispute under the Agreement, (Ii) prior to tennination of the Agreement or (Iii) for a tennination of the Agreement dl,le to a material breach reason other than non-payment. 8.3 Calculation of Seller's Damaaes. In the event that this Agreement is tenninated by Seller pursuant to Section 8.1, the Parties agree, that in addition to ail amounts Buyer may owe Seller prior to the tennlriatlon, Seller's damages shall be ttie positive amount, If any, calculated as follows: (all remaining unpurchased quantities of electricity reflected on Exhibit "AD for all ESllDs through.the end of the Agreement Tenn) multiplied by (the price that Buyer would have paid for the unpurchased quantities through the end of the Agreement . Tenn according to the applicable Price Sh.eet, minus the current Market Value for the unpurchased quantities at the timeoftennlnation); City of LaPorte.nbc.dlj.c.1 02803.doc CONFIDENTIAL . e plus (all reasonable direct costs and expenses Incurred by Seller). Such amount shall tie Immediately due and payable within thirty . calendar days following such termination. The current Market Value in this Instance shall m~an the price that Seller would reasonably be able to obtain. from a bona-fide third party If entering Into a contract with another customer with similar pricing factors as Buyer 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 effo~ to mitigate its damages. 8.4 Calculation of Buver's Damaaes. In the event that this Agreement is terminated by Buyer pursuant to Section 8.1, 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" for all ESI IDs through the end of the Agreement Term) multip.lied by (the Current retail market cost for the un purchased 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 direct costs and expenses Incurred by Buyer); minus all amounts Buyer may owe Seller for electricity consumed by Buyer prior to the Early Termination Date. Such amount shall be Immediately due and payable within thirty calendar days following such termination. The current retail market cost In this Instance shall meah the price Buyer would have to pay If entering into a commercially competitive contract with another REP for the same quantities and ESI IDs, 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. 8.5 Non-aDDroDriation. Buyer and Seller agree that in the event that Buyer Is not able to allot or appropriate sufficient funds, for Buyer's fiscal year(s} subsequent to the initial fiscal year during the term of this Agreement, to continue the purchase of the total' quantity of electricity covered by the Agreement and has no legally a~allable funds for the purchase of services to perform functions similar to those performed under this Agreement, Buyer may terminate this Agreement at the end of Buyer's then current ~scal year by giving ninety (90)' days written notice to Seller and enclosing therewith a swom statement that the foregoing conditions exist.' In this sole event, Buyer shall not be Obligated to make contract payr)'lents beyond the end of the then current fiscal year. Furthermore, Buyer. covenants and reiiresents to Seller that: . . (a) Buyer has budgeted and has available for the current fiscal year sufficient funds to comply with Its obligations under 1his Agreement; . . . (b) There are no circumstances presently affecting Buyer that could reasonably be expected to adversely affect its abiihy to budget funds for the payment of all sums due under this Agreement; . . (c) Buyer believes that funds can be obtained in amounts sufficient to make all contract payments during the full term of this Agreement and intends to make all required contract payments for the full term of this Agreement; (d) Buyer covenants that it will do all things within its power to obtain, maintain and properly request and pursue funds from which contract payments may be made, specifically including in its annual budget requests amounts sufficient to make . . contract payments for the full term of this Agreement; , .' . (e) Buyer will not give priority in the appropriation of funds for the acquisition or use of additional energy services; - (f) If any funds are appropriated for electricity costs,.such funds shall be applied first to the cost of electricity to be provided pursuant to this Agreement and that any such funds shall not be used to pay for electric power from any other electric power provider for the accounts covered in this Agreement; and . . (g) Buyer agrees to notify Seller in writing of such non-approprlatlon at the earliest practicable time subsequent to the.fallure to appropriate. As of the termination date Linder this Section 8.5, Seller shall have 110 further duty to supply electricity to Buyer and shall move service forB~yer's Premises to the POLR on the date of termination for non-appropriatlon. IX;, 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 (other than the obligations to pay any amounts arising prior to the force majeure event) shall be .suspended to the extent made neCessary by such event. The term "Force Majeure" shall mean any act or event that is beyond the claiming Party's control (and which could not be reasonably anticipated and pre"ented through the use' of reasonable measures), including, without Iimitatlon,.the failure of the TDSP to receive, transport or deliver; or otherwise perform, unless due to the failure of the Party claiming Force Majeure t~ perform such Party's obligations hereunder, and an event of Force Majeure of . Seller's suppliers..The Party suffering the event of Force MajeurEi shall give written notice of such event of Force Majeure In reasonably full particulars to the other Party, as soon -as reasonably possible. 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 settlerT:Ient 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. X. WARRANTIES AND LIMITAnONS OF L1ABILmES. 10.1 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. City of LaPorte.nbc.dlj.c.102803.doc CONFIDENTIAL . .. 10.2 UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, ANY LIABILITY UNDER THIS AGREEMENT Will BE L.IMITED TO DIRECT ACTUAL DAMAGES AS THE SOLE AND EXCLUSIVE REMEDY, AND All OTHER REMEDIES OR OAMAGES AT LAW 'OR IN EQUITY ARE WAIVED. NEITHER PARTY Will .BE lIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, 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 MEASURI;MENT 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 N~Gl.1GENCE' OF ANY PARTY.. . . . . XI.. NOTICES. All notices required or permitted under this Agreement shall be In writing and shall be deemeclto be' delivered when deposited In the United States mail (first class as to all notices other.than disconnection, termination and/or material breach notices, and registered or certified as to all disconn~on, termlna.tlon and/or material breach notices), postage prepaid, when deposited With an. ovemight delivery service, prepaid to the applicable Buyer's address shown In the Transaction Confi.:mation, and seller's address as shown in the Transaction Confirmation, or to such address as either Party may from time to time designate as the address; or in the case of han~ delivery, when delivered to a representative of either Party by a representative of the' other Party; ",." .. XII. APP.L1CABLE LAW AND REGULATIONS. . . 12. f This Agreement Is !Subject to all applicable laws, regulations, rules and orders, e~cept both Parties agree that.lt Is their intention to agree to terms and conditions different from those set forth In the .Customer Protection Rules for Retail Electr1c.Servlce. all! amended, or as may be amended In the future (the .Customer Rules.) currently beginning with Section 25.471 of the PUCTs Substantive Rules Applicable to Electric Service Providers. In the event that there Is'any conflict between the terms contained in this Agreement andthe Customer Rules., this Agreement shall.control. The Parties expressly acknowledg~ that certain terms and conditions addressed in the Customer Rules 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 and conditions are not applicable to the Parties. . 12.2 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 use their best efforts 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 n.otlce,. the Parties have been unable to negotiate a mutually satisfactory modification to the terms of this Agreement, either Party shall hav~fthe 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. In the event of a termination pursuant to this Section 12.2, the Parties agree to settle as follows: (a) in the event the current Market Value of all remaining quantities of electricity reflected on Exhibit "A" after such terminatlon,date through the end of the Agreement Term ("the liquidated Quantities"), as reasonably determined by Seller, is greater than the prlce"Buyer.would have paid for the Liquidated Quantities as calculated on the applicable Price Sheet (the "Unpurchased Price"), then Seller shall pay to Buyer the amount equal to: the Liquidated Quantities multiplied by (such current Market Value minus the Unpurchased Price); (b) In. the event. the Unpurchasecl Price is more thl;ln the current Market Value of the Liquidated Quantities, as reasonably determined by .Seller, then Buyer shall pay to Seller the amount equal to: the Liquidated. Quantities multiplied by (the Unpurchased Price minus such current ~~~~ . 12.3 Seller agrees to maintain all necessary certifications and comply with all necessary requirements In order to maintain its statUs as an authorized REP. 12.4 In the event Buyer utilizes, under the provisions of Article IX, Article XII, 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, it shall be responsible for contract damages caused by such action. ' .' . X1n. RESPONSIBILITY. 13.1. Buyer assumes full responsibility for electric energy on Buyer's side of the TDSP Point of Delivery, and agrees, to the fullest' extent allowed by law, to and shall 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 "Sener 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 TDSP Point of Delivery, arising out of or related to the electric power and energy and/or Buyer's, performance under this Agreement. 13.2 Seller assumes full responsibility for electric energy on Seller's side of the Seller Point of Delivery, and agrees to. and shall hold harmless Buyer, its officials, .associates, employees, servants, and agents (hereinafter collectively referred to as "Buyer Group"), from and against all Claims, including Claims for personal injury, death, or damages to property occurring on Seller's side of the Seller "Point of Delivery, arising out of or related to the electric power and eflergy and/<?r Seller's performance under the AQreement. XIV. MISCELLANEOUS. 14.1 Choice of law I Venue. THIS AGREEMENT SHAll BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH .THE LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES WHICH OTHERWISE MIGHT City of LaPorte.nbc.dlj.c.102803.doc CONFIDENTIAL . . BE APPLICABLE. THE PARTIES RECOGNIZE THAT THIS AGREEMENT IS PERFORMABLE IN PART IN DALLAS COUNTY. 14.2 Asslenment. 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 siJ~ 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 Premi.ses,. and any purported assignment shall be null and void. Seller may not assign this Agreement to another party, without th~ prior written consent of Buyer, which consent shall not be unreasonably withheld. Any purported assignment without Buyer's prior written consent shall b~ null and void. This Agreement shall Inure to and be binding upon the Parties hereto, and their respective successors ant! assiQns. '.' . . . . 14.3 'Entiretv of Aereement. It is the intention of the Parties that the Agreement shall co~tain 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. This Agreement may not b~ modified or amended except In writing, duly executed by the Parties h~reto. .' . ..': .' . 14.4 Counteroarts. This Agreement may be executed in multiple original counterparts, all of which shall constitute one and the same Agreement.' . . 14.5 Dutv Of Good Faith. Both Parties shall have a duty of good faith and fair dealing with regard to this Agreement. 14.6 Waiver of Riehts. .A waiver by either Party of any breach of this Agreement, Qr the fai.lureof eith~r 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 subsequently enforce and compel strict compliance with the same or other terms or provisions of this Agreement. Except to the extent ne~ssary to enforce .Seller's' rights under this Agreement, nothing In this Agreement shall constitute or be interpreted to constitute a waiVer of- Buyer's 'statutory .and common-law immunity defenses, including sovereign and/or governmental immunity and qualified and/or 'official immunity; it being intended that such immunities shall in all respe~ (except as provided above) be preserved. . 14.7 Third Partv Riehts. 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. 14.8 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, obligations to hold harmless, obligations to pay for electricity taken, and obligations for any breaches of contract. .. . .". 14.9 Further Assurances. Buyer and Seller agree to provide such information, execute and deliVer. any instruments and do~ments and to take such other actions as may be necessary or reasonably requested by the other Party which are not inconslstent.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. '. 14.10 Confidentlalitv. Seller acknowledges that Buyer Is a governmental body that is subject to public Information I~Ws; i~cludlng 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 Statute~"). Subject to any Public Information Statute or related order, rule or regulation requiring disclosure, Buyer agrees to keep all terms and provisions of this Agreement, and any information and records In Seller's possession that are . provided under this Agreement, confidential and not to disclose the terms of the same to any third parties without the prior written consent of Seller. it is understood and agreed that the foregoing constitutes proprietary and confidential infonnatlon of Selle!:" the release of which could hinder or hann Seller's competitive position, and therefore Is not Intended to constitute public Information under' the Texas Public Information Act and shall not be released by Buyer, unless determined otherwise by the Texas Attorney General or a court of competent jurisdiction. However, nothing in this section shall require Buyer to bring a legal challenge in any court to seek to overturn a ruling by the Texas Attorney General's Office or a court requiring disclosure pursuant to' the provisions of the Public Information Statutes, but Buyer (I) shall cooperate and assist Seller in the event Seller should bring such a challenge and (Ii) make no disclosure until when and if Seller's challenge has been finally denied. . 14.11 Forward Contract. This Agreement and the transactions hereunder will constitute "forward contractsD as defined in Section 101(25) of the U. S. Bankruptcy Cocte (DBankruptcy CodeD). The Parties agree that (J) Seller is a "forward contract merchanf as. defined in Section 101 (26) of the Bankruptcy Code, (II) the termination rights of the Partjes will constitute contractual rights to liquidate transactions, (iii) any payment related hereto will constitute a Dsettlement paymentD as defined in Section 101 (51A) of the Bankruptcy Code,' and (iv) Sections 362, 546, 553, 556, 'and 560 of the Bankruptcy Code shall apply to the Parties. 14.12Authorizatlon. At such time as a Transaction Confirmation pncluding applicable Price Sheet(s)] 'are executed pursuant to this Agreement, Buyer authorizes Seller to become Buyer's retail electric provider for the duration of the Agreement Term set forth in the Transaction Confirmation. Buyer authorizes Seller to act as Buyer's agent for the sole purpose to effect any change, if necessary, and Buyer shall direct 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 and that Buyer's aggregated electric loads covered by this contract have an aggregated peak demand greater than one megawatt. 14.13 Severabilltv. 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. City of LaPorte.nbc.dlj.c.102803.doc CONFIDENTIAL .. - ~ 14.12 Aaareaator 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 deemeq to be '.payments of Seller and TDSP charges then due, then of Aggregation Fees. 14.13 Aaareaator Review. Buyer understands and acknowledges that any deviations from the standard terms and conditions negotiated by HGAC on behalf of Buyer shall be subject to the prior review and consent of HGAC. The Parties have signed this Base Contract for Supply of Electricity document, acknowledging their agreement to its provisions as of ~~,2003. . CITY OF LA PORT~ . . a Texas political subdIVision TXUENERGYRET~LCOMPANY ~ Texas lIrt:Jited partnership . By: TXU Energy Retail Management Company LLC Its general partner By: -M~~~~ ~M~)t~cr B ~( Name: Title: . Date: Name: Title: Date: "Buyer" "Seller" Form NameNerslon: HGAC ELEC BASE CONTRACT 080603 City of LaPorte.nbc.dlj.c.102803.doc CONFIDENTIAL eTXU 1/112004 12/3112006 36 Contract Start Date: Contract End Date: Primary Tenn: 3-1X46N-16 Normal Price Request #: Price. Request Type: 30,467,252 TOU Total kWh Period 4: Period 3: Period 2: Account Name: City of La Porte Account Legal Name: City of La Porte Est. Load-Factor: 59.7 % 30,467,252 Period 1: 30,467,252 Flat Contract kWh: TOU Contract kWh: Ie RELTD TDSP: Power Region Stan~lng Charge :. . Switch . :~eq~lrecl :SPeclal.. Meter ~ead Start.Date. Meter, Read Cycle Congestion, Zone Delivery Voltage: Secondary Address ESIID Contract kW Tu Exempt Profile Type SpfJcial Meter Read End Date .---.-,..-.--.,-. IDR Meter Required SIC Code ZIP state City Owner Account Name ERCOT 5 $0.00 y 2 N HOUSTON02 9111 10502 N PST LA PORTE 1008901003612427900100 City of La Porte $0.00 y 1tN~~I~"""~_~"'__""""_~--:'~ $0.00 y ,e1 ERCOT o Demand Low LF (0-40) HOUSTON02 9111 n571 TX 10216 HILLRIDGE RD A La Porte TX 1008901023806555620100 City ofb Porte Non-Demand N n571 ERCOT. o --- 2: N ---,,-""-,........., HOUSTON02 9111 __....""_fh;____~_...-_ .11540 N.LST laPorte 10089010036124919001QO City of La Porte Noo-Demand n571 TX ----, 17 of Page _. ._-~ on 10/28/2003 Proprietary and Confidential Report Generated for GPENDLEY eTXU 100890102380~750100 12000 N L ST HOUSTON02 2 $0.00 ERCOT City of La Porte La Porte TX 77571 9111 N Non-Demand y 0 -- - ,. - . - 1008901011630340000100 2601 S BROAD~AY ST HOUSTON02 16 $0.00 ERCOT City of La Porte L8 Porte TX 77571 . 9111 N Non-Demand Y 0 - . - . - -- - ~A ...... ~ 1008901023805607840100 201 WHARTON WEEMS BLVD HOUSTON02 16 $0.00 ERCOT City of La Porte La Porte TX 77571 9111 'N' Non-Demand Y 0 .\ - . - 1008901023802980970100 3540 FARRINGTON. B HOUSTON02 1 $0.00 ERCOT City of La Porte La Porte TX 77571 9111 N Demand Low LF (0-40) Y 155' . . - - 1008901011630326205100 702 MCCABERD HOUSTON02 16 $0.00 ERCOT City of La Porte La Porte 1'X 77571 9111 N Non-Demand Y 0 ...........__m'l;___ R ..4llWI ..-=-.....- -*--- - - - 1008901023803536750100 97201/2 W MAIN ST HOUSTON02 20 $0.00 ERCOT City of La Porte LA PORTE TX 77571 9111 N Non-Demand Y 0 - - 1008901003612432010100 10105 N L ST HOUSTON02 2 $0.00 ERCOT City of La Porte La Porte TX 77571 9111 N Non-Demand Y 0 ,~- .:-...---.--- -.. 111,.. .,. . R - -,m, .- - _,_a 1008901023808461510100 10131 W MAIN ST A HOUSTON02 1 $0.00 ERCOT City of La Porte La Porte TX 77571 9111 N Non-Demand Y 0 - - 10~901003612506700100 11240 N L ST HOUSTON02 2 $0.00 ERCOT City of La Porte La Porte TX 77571 9111- N Non-Demand Y 0 _:..,:,.-:."......___lIC_,;:;.........."._.........."""""~._..,"__";::......"":::mlIIlIII_...__"~,,;:.-...........:>I~_-=-"~I~_".'.....-_"""_,:l'>r....:::........".-...........-:O-' ._:_..________'''''._...;......''__........:__...;..'__....,.1;__.._''';''... .._...... ~.~ '_."_~'~_. ._._... .___.._....M_ ._.._,,_,.. _~.._~._..._._ . .---.-- _....~...-.._-- -.--. -----..-.--.---.-.,....:.....-...--.---..- ..--..-...... .-." - -......_.._....._~ Proprietary and Confidential Report Generated for GPENDLEY on 10/2812003 Page 2 of 17 .TXU $0.00 ERCOT Demand Low LF (040) Y 50. ,- $0.00 ERCOT Demand Low LF (040) Y 115 ~ - $0.00 ERCOT Non-Demand Y 0 e - $0.00 ERCOT Non-Demand Y 0 - $0.00 ERCOT Non-Demand Y 0 --:- $0.00 ERCOT Demand Medium LF (40-6 Y 18 0) - $0.00 ERCOT e' Demand Low LF (040) .' ,Y 28 ________IllUla::K:"'''' $0.00 ERCOT N~marid.' . ',V.. , , 0 . ,', .- $O.~ . ERCOT Demand ~ LF'(040). : '! :. 13. ---..:....- . . _I>M>IlllOl_-:--__.._...-..___,m:_.mH<..,m.."", _.________._.w_ .---..--' --. .....---- '- . . Page 3 of 17 1008901023803957830100 10530 NPST HOUSTON02 2 City'of La Porte LA PORTE TX 77571 9111 N """- .- - - - 1008901011630375370100 1900S RST#C HOUSTON02 16 City of La Porte LA PORTE TX 77571 9111 N - ---- - - "".01;1. - 1008901023803958060100 3324 SOMERTON DR HOUSTON02 20 City of La Porte La Porte TX 77571 9111 N - - 1008901011630375950100 775SRST HOUSTON02 16 City of La Porte La Porte TX 77571 9111 N - - - 1008901023803877050100 701112 VALLEY BROOK DR HOUSTpNO~ 1 City of La Porte LA PORTE TX 77571 '. 9111 N 11_11111111___';11 - - - -- - 1008901001611390173100 10428 W MAIN ST HOUSTON02 1 City of La Porte laPorte TX 77571 9111 N - - 1008901003612446140100 10110 N LST HOUSTON02 2 City of La Porte La Porte TX 77571 .9111' . N - lII_NC__~ "'171' - , - 1008901023810389300100 1001 S 4TH ST I:iOUSTON02 16. City of La Porte . LA PORTE. TX... 77571. ,9111 N - - 1008901003612532050100 10822 N L ST H()lJSTON02 2 City of La Porte La Porte TX n571 ~111 N ..._"i,,"__......;-=>:_,Il<_*'-':'__lGllII::....'....,"""_..,_....:.:,_......___IIGIIl~;~_lIi.:_>>II ___,_>>mH--"'____1 .. .. . .-- _. _00 _.... _. .._. -0"' . ... ._. .. _w~. _ ~.~_... _. '_'___ _ '._ ..---.-.-----.-.. .~. Pmprfetary and Confidential Report Gene~ted for GPENDLEY on 1012812003 .TXU 16 $0.00 ERCOT N NoMlemand .y 0 ...... - , 16 $O~OO ERCOT N,' Demand LowLF (~O) Y 16 - - .... II 1 $0.00 . ERCOT N Demand Low LF (~O) Y 18 e - - 1 $0.00 ERCOT N Demand Low LF (~O) Y 18 - - 16 $0.00 ERCOT N Demand Low LF (~O) Y . 151 - ---- 16 $0.00 ERCOT N Non-Demand Y 0 - - 1 $0.00 ERCOT . e, N Non-Demand Y 0 -- - -. ----...._--_~____II.... 2 $0.00 ERCOT N Non-Demand Y 0 - 1 $0.00 ERCOT N Non-Demand y 0 ~"'lIII_; ~1lIH_____=~___lIII~____:"_"_"":""__"'~lII1K"""''' -~._._. -_. ---.--. -----~. --. 4". .._._..,,~. Page 4 of 17 1008901023808139360100 1300 BAYSHORE DR HOUSTON02 City of La Porte .. LA PORTE TX 77571 9111 - 1008901011630462800100 200 WP HOUSTON02 City of 41 Porte La Porte TX 77571 9111 wl . - - 1008901001611735850100 3540 FARRINGTON #1 HOUSTON02 City of La Porte LA PORTE TX 77571 9111 roa - 1008901023804069310100 3231 UNDERWOOD RDA HOUSTON02 City of La Porte La Porte TX 77571 9111 - 1008901011630381650100 528 BAYSHORE DR HOUSTQN02. City of La Porte LA PORTE TX 77571 9111 -"~_'II. - 1008901023803929540100 602 E FAIRMONT PKWY. HOUSTON02 City of La Porte LA PORTE TX 77571 9111 - 1008901001611390400100 1Q341 W MAIN ST HOUSTON02 City of La Porte La Porte TX 77571 9111 --_'_'.~III- ,., _"111111"11 .......,,- __"__" 1008901003612448795100 10428 N L ST HOUSTON02 City of La Porte La Porte TX 77571 9111 - 1008901001611370009100 11903 W MAIN ST HOUSTON02 City of La Porte La POrte TX 77571 9111 _,,__,~,"_r=lI=;tIlI'_''''''_'''''__''''''_''''__IIl;__=__IWC____HK''_IIK______''''''''''_, ...... ...- .. 'R.. ,_,_._ _ .. _ ._ _ '~_~" ...._._~...__._.._......_. - -.- ..-- . - --- Proprietary and Confidential Report Generated for GPENDLEY on 1012812003 e e. ERCOT o ERCOT o Demand Low LF (0-40) _==_I___,lI:Il;'_;'tM""......;.I_~;_I__...':;pr,"':"""-..::H......."";...:"""""'"..:,1H ----_.~--_. 17 eTXU ERCOT o Page 5 of ERCOT o ERCOT 184 ERCOT o ERCOT o ERCOT 29 ERCOT 254 -- $0.00 Y $0.00 Y $0.00 Y $0.00 Y $0.00 Y $0.00 Y $0.00 Y $0.00 Y $0.00 Y Non-Demand Non-Demand Defl18nd L.ow LF (0-40) Non-Demand Demand Low LF (0-40) Non-Demand. Non-Demand Non~Demand 2 N 21 N 20 N 1 N 16 N 16 N 1 N 11 N 1 N . . 1008901003612562000100 11416 NAVENUE H HOUSTON02' .City of La Porte La Porte TX n571 9111 ; - - 1008901023809777440100 111 S 2ND ST HOUSTON02 City of La Porte LA PORTE TX n571 . 9111 k_ - - 1008901001611735660100 3550 FARRINGTON HOUSTON02 City of La Porte La Porte TX n571 9111 v - 1008901023804425040100 3406 UNDERWOOD RD HOUSTON02' City of La Porte La Porte TX n571 9111 - 1008901011630436020100 430 W FAIRMONT PKWY RR HOUSTON02 City of La Porte LA PORTE 'TX n571 9111 ---- -- - - -- 1008901023805809060100 812 BAYSHORE ORA HOUSTON02 City of La Porte LA PORTE tx n571 ,9111 - 1008901001611410500100 10340 W MAIN ST HOUSTON02 City of La Porte La Porte TX n571 9111 -.-..--- ----- ~ .- -- 1008901009623332750100 10229 W FAIRMONT PKWY#1 . HOUSTON02 City of La P~rte LA PORTE TX 77571 9111 - 1008901001611370025100 125 S 25TH HOUSTON02 City of La Porte La Porte Tx 77571 9111. ............__..._""~~:;;o;_tmlIlOI -...... ..,; - ".... .-. -- -"_. .--- .. _ _" .__.. ._ _~ R_._' ..._ ..... .. - - - Proprietary and Confidential Report Generated for GPENDlEY on 10/2812003 1008901011630461740100 1231 S 8TH ST HOUSTON02 16 City of La Porte LA PORTE TX 77571 9111 N - - -- 1008901023801789320100 1131 S 1ST HOUSTON02 16 City of La Porte La Porte TX 77571 9111 N _. 1 . -- - - 1008901023800115750100 200SRST HOUSTON02 16 City of La Porte La Porte TX 77571 9111 N -- - - - 1008901009623330793100 3822 COTTONWOOI;> DR HOUSTON02 11 C~ of La Porte La Porte TX 77571 9111 N , - - 1008901023804427550100 31221/2 UNDERWOOD RD HOUSTOND2 20 City of La Porte LA PORTE TX 77571 9111 N --....---..........- - - 1008901011630448900100 604 W FAlRMONT PKWY TEMP HOUSTON02 16 City of La Porte LA PORTE TX 77571 9111 N - 1008901020631902385100 618 SAN JACINTO ST HOUSTON02 21 City of La Porte LA PORTE TX 77571 9111 N ~ - - - --- 1008901001611789500100 10211 HILLRIDGE RD HOUSTON02 1 City of La Porte La Porte 1X 77571 9111 . N - 1008901023803295450100 10300 N PST HOUSTON02 2 City of La Porte LA PORTE TX 77571 9111 N ____..-:_.:I:I';":h_'HI_:~_X<_""lOC'~"'MI"'''''"_''''~_=___I:______,___...._._--..,-----, u . "." -'. . ._. . _... oR.... -". --. - . - -- .......... -- ---_. --~~ _.~._.._- . -. _.~- Proprietary and Confidential Report Generated for GPENDLEY on 10/28J2O(j3 .e - ERCOT 22 ERCOT 29 .--------- $0.00 ERCOT Y 0 _....""'...___1.11_=_"_ ERGOT o 17 $0.00 Y $0.00 Y ___=_=_,--.J,..._..""'"""'......_,...""'-"',---,--, Page eTxU ERCOT o 70f ERCOT O. ERCOT 37 ERCOT 226 ERCOT o $0.00 Y $0.00 Y $0.00 Y $0.00 Y $0.00 Y $0.00 Y Non-Demand Demand Medium LF (~ 0) Non-Demand Non-Demand Demand Low LF (0-40) ____MM.__ Demand Low. LF (0-40) Demand Low LF (0-40) Non-Demand Non-Demand 1008901003612474165100 10825 N L ST HOUSTON02 2 City of La Porte La Porte TX 77571 9111 N - - - 1008901023800208950100 12201 NCST HOUSTON02 1 City of La Porte La Porte TX 77571 9111 N - ~ - - - 10089010036125338Q0100 2Q04LOMAXSCHOOLRD HOUSTON02 2 City of La Porte La Porte TX 77571 9111 N - - 1008901023803698500100 19251/2 W MAIN ST HOUSTON02 20 City of La Porte LA PORTE TX 77571 9111 N - - 1008901021632286390100 332 N4TH ST . HOUSTON02 21 City ot"La Porte LA PORTE Tx 77571 9111 N _1.110'...................................-___ IIMIlI_ Y .......MUlI '; Y - 100890100361~413010100 9820 N PST HOUSTON02 2 City of La Porte LA PORTE TX 77571 9111 N - 1008901023800097690100 600 LITTLE CEDARBAYOU DR HOUSTON02 16 City of La Porte La Porte TX 77571 9111 N "'_lIlN1lloH__"'_~1 ."1111111"'"<1'11 III .----........--,.. -..-...-- --- 1008901023803262310100 9901 W MAIN ST A . HOUSTON02 1 City of La P~rte La Porte TX 77571 9111 N - 1008901001611430600100 10200 'I! MAIN ST HOUSTON02 1 City of La Porte La Porte Tx 77571 9111. N ...,:",,__,,____;._""',.........._,""""":I0OI1'_"_.""'_"11.._11<'_"'''_..._....___,::____"w_____",_..c__ - . M . ~ . ... u ... - - .. -- ~.. .-._-~. Proprietary and Confidential Report Generated for GPENDLEY on 1012812003 eTXU 1008901021632262930100 105 N BROADWAY ST HOUSTON02 21 $0.00 ERCOT City of La Porte La Porte TX 77571 . 9111 N Demand Low LF (0-40) Y 166 - - - 1008901001611374350100 11850 N D ST HOUSTON02 1 $0.00 ERCOT City of La Porte La Porte TX 77571 9111 N Non-Demand Y 0 . - - - w .1008901011630462110100 '1301 54TH #A HOUSTON02 16 $0.00 ERCOT City oJ La Porte LA PORTE TX 77571 9111 N Demand Medium LF (40-6 Y 15 .e 0) - - - 1008901001611263500100 1309 N 16TH ST HOUSTON02 1 $0.00 ERCOT City of La Porte laPorte TX 77571 9111 N Non-Demand Y 0 - - 1008901023800235950100 201 5 R ST HOUSTON02 16 $0.00 ERCOT City of La Porte La Porte Tx 77571 9111 N Demand Medium LF (40-6 Y 86 0) __lI_IIr.:::.-.iIIlllI__.-=-___ 1I0Il1'1__ ---*_:_- - -, "'IlK" 1lI1 1IIIR._...__....._"_-_N:l---.....: 1008901010624126300100 3700 SUNRISE DR HOUSTON02 15 $0.00 ERCOT City of La Porte La Porte TX 77571 9111 N Non-Demand Y 0 - 1008901020694526800100 3717 LUELLA BLVD HOUSTON02 20 $0.00 ERCOT City of La Porte La Porte TX 77571 9111 N Demand Low LF (0-40) Y 101 e .;;__w::>oH.:_,____.___ hlllllllOl.__HII__IIl'11I' .:..._- 1 __ - III _'HI___Hll_IlII:~~"_""""-IH:ICII11lU-"'" , . 1008901011630448905100 . 6041/2 W FAIRNlONT PKWY . HOUSTON02 1~ $0.00 ERCOT CitY of La Porte . LAPORTE TX. 77571 . ;9111 N N,oi'l-Demand' . .' Y .' . 0 ,'" . , - '.. " 1008901023803384150100 386 MYRTLE CREEK DR HOUSTON02 . 1 $0.00 . E~COT CitY Of La Porte La Porte Tx 77571 9111 N .Non~mand Y 0 . . . __a..:-...,..... ...,....----:..-. ......,...:.mc;...,.".;_....._..II'..'."":....'lI:..."''''".....''...,..,..'''..;;::..,:O:..II''....:::'..::_,lIOI:=..-..:>C_':;lO<l<C_....IHI,II:l&.IO_~:_::ltll---=~_........-:_--_....--__--..,;I""'_--......___~_, ... . _n _..._ _. w - _.- .~......~_.....--_..._. - . --.-.." .. -- --.- _._-- '-. . . ...." Proprietary and ConfIdential Report Gene!'8ted for GPENDLEY on 1012812003 Page 8 of 17 eTXU ERCOT .21 $0.00 Y HOUSTON02 9111 10247 W MAIN ST L8 Porte 1008901001611~069100 City of La Porte ERCOT t14 $0.00 Y Demand. LoiN LF (D-40) . . (40-6 Demand Medium LF 0) N 2 N HOUSTON02 9111 n571 77571 TX TX 10210 N PST LAPORTE 1008901023800196680100 City of La Porte - ERCOT 36 $0.00 Y 1 N HOUSTON02 9111 10715 W MAIN ST La Porte 1008901001611388049100 City of La Porte e ERCOT 490 $0.00 Y Low LF (D-40) Demand High LF (60 & Up ) Demand 16 N HOUSTON02 9111 77571 77571 TX TX 1301 S 4TH LAPORTE 1008901011630462115100 City of La Porte ERCOT o $0.00 Y Non-Demand 1 N HOUSTON02 9111 2011/2 N 16TH ST LA PORTE 1008901001611350996100 City of La Porte _____...._ - 1"""::" $0.00 ERCOT Y 0 HOUSTON02 9111 77571 TX 301 N FARRINGTON ST LA PORTE TX 1008901023800401110100 City of La Porte e', ERCOT 34 $0.00 Y Non-Oemand. N 16 N HOUSTON02 9111 77571 3215 BAYOU DR RR La Porte TX 1008901010630144325100 City of La Porte Demand Low LF (0....0) ___"_.._I__=:llIIII"",lIlCOIO:lI_IHIII,*,,= $0.00 ERCOT Y 0 --, -='------ 1 N HOUSTON02 9111 77571 ..._HH'"'_"'I__'___......"""IH_,__.._:"__I_lMlIIlIIl_' 1008901002611874030100 3209 UNDERWOOD RD City of La Pc;>>1e La Porte rx Non-Demand HOUSTON02 21 $0.00 ERCOT 77571 9111. N Demand Medium LF (4D-e Y 14 0) . . . . . I "''''''.._,;..011_0.:::'_..,.............'''.____::...,:.......___,::.'''____...____.._......__..'_""_...-II...:__.....__""":...lI_~_I"'I..':......"'_lGlH_.._:___::...,,___lNl;''''____1_........_.....".,:,_,..,,,__""lIKmll"'_lH..IKllHOllIIllllJl . . 77571 526 SAN JACINTO ST LA PORTE TX 1008901020631902285100 City of La Porte 17 Page 9 of --.-. --. ..--- _._-----_. ---' - 10I28l2OO3 on - --- .- ----- --- Proprietary and Confidential Report Generated for GPENDLEY .TXU 1008901023803345650100 607 MYRTlE CREEK DR HOUSTON02 1 $0.00 ERCOT City of La Porte La Porte TX 77571 9111 N Non-Demand Y 0 - - - 1008901001611739370100 10220 HILLRIDGE RD HOUSTON02 1 $0.00 ERCOT City of La Porte La Porte TX 77571 9111 N Demand Low LF (0-40) Y 115 ..-...-- - - - - 1008901023800999510100 10100 N PST HOUSTON02 2 $0.00 ERCOT City of La Porte LA PORTE TX 77571 9111 N Demand Low LF (O~O) Y 56 :e. - - - - 1008901003612086334100 11033 HOUSTON DR HOUSrON02 2 $0.00 ERCOT City of La Porte La Porte TX 77571 9111 N Non-Demand Y 0 - - 1008901020631884025100 111 S 4TH ST RR HQUSTON02 21 $0:00 ERCOT City of La Porte LA PORTE . TX 77571 . 9111 N Non-Demand Y .0 _..........__IIH=I=__;..........IIIlIIlIII_IIG~lIMil;H_n_.-..IIlIIIII_--- __;III011__'''''.....--..............IIlIlIllIlI_---..-' _1lK;1OII__I__IIII____..___~.----= 1008901001611364900100 2963 N 23RD ST HOUSTON02 1 $0.00' ERCOT City of La Porte LA PORTE TX. 77571 9111 N Demand Medium LF (40-6 Y 139 0) . 1008901023801840470100 1609 LOMAX SCHOOL RD A HOUSTON02 2 $0.00 ERCOT City of La Porte La Porte TX 77571 9111 N Non-Demand Y 0 - __KOl__a_= - I,- II . --- 1111_ HI _'_IIIlII____lmll____,,___......HlIllltlllllCl.:KNHXK:-=- 1008901011630306901100 3030 HUMPHREYVlLLE ST HOUSTON02 16 .$0.00 EReOT City of La Porte . LA PORTE n< 77571 '. .9111 N '. Deinand LOW (F (0-40). .' y. .~7 . "J , . ~ '1.. .' ." 1008901023808558390100 701 LITTLE CEDAR BAYOU D~A HOUSTON02 , 16 $0.00. . . ERCOT City Of La Porte La Porte. lX :. 77571 9111 N . Non-Demand .'. .Y 0 .,'"..o;"""'''''''......;...;'''::''.;..._:-~''':;;_II__'''IO:''...''''''''~_......-,,''':......=_:II:~::II'' "'11111 _.-:~IH"'.......-____:6lo;S"""_,;.!OMoo:;:_:.:~::_..._H___....~--~--~~ II:lIlOI.........."""_I__':"''''''o:oo>IOI_,I';:Mlo..........:;_~.......__ - . . ., - -".' . .~. ,.-. . --. .. -...,.. -. ...- . ,,- - . . ,..... Proprietary and Confidential Report Generatad for GPENDLEY on 10/2812003 Page 10 of 17 .TXU 1008901020694531320100 8610 BANDRIDGE RD HOUSTON02 20 $0.00 ERCOT City of La Porte La Porte TX nS71 9111 N Demand Low LF (040) Y 141 - - . - 1008901001611805290100 99971/2 W MAIN ST HOUSTON02 1 $0.00 ERCOT City of La Porte LA PORTE TX n571 9111 . N Non-Demand Y 0 --,-- . - - - ..44 - -. ,,--..4ll'" 1008901001611739380100 10216 HILLRIDGE RD HOUSTON02 1 $0.00 ERCOT City of La Porte La Porte TX nS71 9111 N Demand High LF (60 & Up Y 17 ) :e - - - - - - 1008901023802985890100 101 N BLACKWELLST HOUSTON02 21 $0.00 ERCOT City of La Porte La Porte TX n57~ 9111 N Non-Demand Y 0 - - - 1008901003612302600100 11550 N PST HOUSTON02 2 $0.00 ERCOT City of La Porte LA PORTE TX nS71 9111 N Non-Demand Y 0 .......-,,--.---.- - - --- - - _'111_ 1II_11"llfll'_--= 1008901020631891850100 12OS2NDST HOUSTON02 21 $0.00 ERCOT . City of La Porte LA PORTE TX n571 9111 N Demand Medium LF (4~ Y 15 0) - - .1008901003612428200100 1523 LOMAX SCHOOL RD HOUSTON02 2 $0.00 ERCOT City of La Porte La Porte TX nS71 9111 N Demand Medium LF (40-6 Y 12 e, 0) - - - - ~.'I_- .. 1008901023801942710100 1322 S BROADWAY ST HOUSTON02 16 $0.00 ERCOT City of La Porte . La Porte 1'X '17571 9111 N Demand MedlLinfLF (40:6 ':'V ,276 . 0)' . - - - , 1008901020631901815100 326 SAN JACINTO ST HOUSTON02 21 $0.00 '. ERCOT 1X " City of La Porte LA PORTE n571 . 9111 N Non-Demand .V 0 <.,...;;...:"'."1:.;I;;.OI::_>o;:....._"',...........:.-..."'.IM..."'::OOO. .;;;;..................:--=.......,...;0;'''*'''__'..::_ - ----......--------- ~-~:_--" 111-""" .. . - __0" - _..~_. --' .-.. . _.~.-. ------ -- .- .... - o. Proprietary and Confidential Report Generated fOr GPENDLEY on 10/2812003 Page 11 of 17 .TXU $0.00 ERCOT Non-Oemand Y 0 - $0.00 ERCOT Non-Demand Y 0 ..... - -- $0.00 ERCOT Demand Low LF (Q..40) Y 30 e; - n ~ $0.00 ERCOT Non-Demand Y 0 - $0.00 ERCOT Non-Demand Y 0 ~ - _,,__IHI_...... $0.00 ERCOT Non-Demand. Y 0 - $0.00 ERCOT Demand Mediljm LF (4Q-6 y. 43 e, 0) - - ___111_1111__'_ $0.00 ERCOT Non-Demand y' 0 - $0.00 ERCOT Non-Demand Y 0 -..; ,._..____'''''____......,_..:_."101:1............'''''........._....._ ..._-~--_...- ..---. ---'-'~' ._. _... Page 12 of 17 1 N 20 N 20 N 21 N 2 N 1 N 2 N 2 N 1 N 1008901002611877277100 54051/2 STONE CREEK DR HOUSTON02 City of La Porte LA PORTE TX n571 9111 - - 1008901020694538598100 9209 BELFAST RD HOUSTON02 City of La Porte La Porte TX n571 9111 -- ---A - -- 1008901003612440025100 9830 N LST HOUSTON02 City of La Porte LA PORTE TX n571 9111 -. . - 1008901001611789495100 10215 HILLRIDGE RD HOUSTON02 City of La Porte La Porte TX n571 9111 . - 1008901023803262330100 10431 W MAIN ST A HOUSTOlli02 City of La Porte La Porte TX n571 9111 ______1 -, ---. -- _lI1l__ 1008901003612346350100 10530 N P ST #1 HOUSTON02 City of La Porte LA PORTE TX' n571 9111 - 1008901020631891870100 128 S 2ND ST HOUSTON02 City of La Porte LA PORTE TX 77571 9111 ~=---_:.. ,._ - ,.0: ,- 1008901003612428265100 1525 LOMAX SCHOOL RD HOUSTON02 City of La Porte La Porte 1X n571 9111 - 1008901023803514640100 16251/2 W MAIN ST HOUSTON02 City of La POrte LA PORTE 'tX n571 9111 ~"...:___,_'_"__11I-.>::...."."'::::__..."'_...:_-_..-:_----' - .. ", .0.. .._. ... . 0_ _....._.._... ..----.....---.. ."--...-. ..--- .. Proprtetary and Confidential Report Generated for GPENDLEY on 10I28l2OO3 .TXU 1008901020694531475100 3326 SOMERTON DR HOUSTON02 20 $0.00 ERCOT City Of La Porte La Porte TX 77571 9111 N Demand High LF (60 & Up Y 12 ). - - - 1008901002611879580100 9800 N AVENUE H HOUSTON02 2 $0.00 ERCOT City of La Porte La Porte TX 77571 9111 N Non-Demand' Y 0 -.,---"""'~--, lIo. . -... - - ................ ""- ""-- - . 1008901021632294720100 '531 NSTHST HOUSTON02 21 $0.00 ERCOT City of La Porte IA PORTE TX 77571 9111 N Non-Demand Y 0 :e - - - 1 008901 0036124400301 OQ 9830 N LST#A HOUSTON02 2 $0.00 ERCOT City of La Porte IA PORTE TX 77571 '9111 N Non-Demand Y 0 - - - 1008901003612091000100 1050 ROBINSON RD HOUS-r;:ON02 2 $0.00 ERCOT City of La Porte La Porte TX 77571 9111 N Non-Demand Y 0 - .- - - -, 'I -V_II 1008901023803536710100 103281/2 W MAIN ST HOUSTON02 1 $0.00 ERCOT City of La Porte IA PORTE ' TX 77571 9111 N Non-Demand Y 0 - - - 1008901003612491300100 11850 N LST HOUSTON02 2 $0.00 . ERCOT City of La Porte La Porte TX 77571 9111 N Non-Demand , Y 0 e, _'111_---=_____11 ''''l1li1 ., - --" - - . -- - _,_ ~-- , .. 1008901023802229510100 12203 N C ST HOUSTON02 1 $0.00 ERCOT City of La Porte . ~ POrte . TX. 77571 ,9111, . N . Demand Lcw,/ LF (0-49>' . ',y. . . 22" .' . t ':" - - ~ .. ." . .. .. 1008901003612624200109 1724 HIGHWAY 146 HOUSTON02 2 'SMQ . E~cpT City of La Porte IA PORTE 1'>< 77571 9111 N NorH>emand Y 0 ..."11...'''"'''......"........_"..:,::"..,_::>:,,,,,,,,,:.......,....><>1<<..1.'..::::...10;;::lI..MC"'''''_:.....;..,''''...'''..;:::::~.....:_:_.._':'...-..;..,ftl..:_,''..._....:_,~'''''_..;___:.._H____..._""'_H"__>>I*H____"..,___..__............_:..~::~...:K""lJC_1OI..;a;,;_~:......_"";o;....,,"<W'""'...:~"...':"""""'a:I":"IHIC:>IIOl . ~., - .-.. ... "' ~." .. . ~.- ....... --- . .......- .----... ....-- -.-. .~...... -- '-~~-'- -.-....- .... .-.---..-......-..-..-..- ._.- ~-------_........._-_.__._..__.. -" _.. ..,,-..- -, ...- ProprietarY and Confidential Report Gene!8ted for GPENDLEY on 10I28l2OO3 Page 13 of 17 eTXU ERCOT 148 $0.00 Y 16 N HOUSTONQ2 9111 1302 S BROADWAY ST La Porte TX 1008901023805340470100 City of L,a Porte ERCOT 29 $0.00 Y Demand Low LF (0-40) Demand Medium LF (40-6 . 0) 21 N HOUSTON02 9111 77571 322 N 4TI:t ST LA PORTE 1008901023800767500100 City of La Porte ERCOT o $0.00 Y Non-Demand 14 N HOUSTON02 9111 77571 TX 3840 OLD HIGHWAY 146 La Porte TX 1008901010624115900100 City of La Porte e: ERCOT 5 $0.00 Y Demand Medium LF (40-6 0) 15 N HOUSTON02 9111 77571 77571 617 SHORE ACRES BLVD LA PORTE TX 1008901023800543240100 City of La porte ERCOT 27 $0.00 Y 1 N HOUSTON02 9111 9831 W MAIN ST A La Porte TX 77571 ......._....__H__...._. 10089010238040692801.00 City of La Porte Demand Low LF (0-40) ---------......- $0.00 ERCOT Y 0 Y 16 HOUSTON02 9111 3030 HUMPHREYVlLLE ST LA PORTE TX 1008901011630306901200 City of La Porte ERCOT o $0.00 Y Non-Metered Lighting 16 HOUSTON02 9111 77571 8041/3 W FAIRMONT PKY LA PORTE TX 1008901023813259490202 City of La Porte e Non-Metered Lighting KI___NlCIlIC_,IIII1C_,lHIHH_KII_INlIIII_- $0.00 ERCOT Y 0 Y Non-Metered Lighting _.'_1_"'__ a._'___''''''_' HOUSTON02 9111 77571 HHlllIMHIl'r__IH_.._H1___...______lI__""_ItIl_.__II':.'1'_IIII_HI 1008901001611390173200 10428 W MAIN sf City of La Porte La Porte ERCOT o $0.00 Y Y 21 HOUSTON02 9111 77571 TX 618 SAN JACINTO ST LA PORTE TX 1008901020631902385200 City of La Porte 77571 . . ''''_:..'''''......,--..._'''....-..."G_'....:......Il''.....'.....____..........--.ItMCICI'=_____:__:_...;;,__".........._.._IoIK.....H"______..._II___________Il__..."....~..~IH____"',:.i,...-,,".- Non-Metered Lighting 17 14 of Page 10/2812003 on - Proprietary and Confidential Report Generated for GPENDLEY .TXU ERCOT o ERCOT o ERCOT o .e~ ERCOT o $0.00 y y Non-Metered Lighting ERCOT o ERCOT o ERCOT '0 e. _a;l"___ ERCOT o ERCOT $0.00 y $0.00 y $0.00 y 17 $0.00 y $0.00 y $0.00 y $0.00 y ;' Y .$0.00 Non.:uet8red':-l~htirJg,." .Y: 0 _1=="""""~~""Il~....o....-_:",___IlIC_Ht;_~>W;;:_II_ -----' . ". - . -.. .__. . Page 15 of Y Non-Metered Lighting Non-Metered Lighting Non-MeteredLighting -- Y Non-Metered lighting Non-Metered Lighting Y Non-Metered Lighting y Non-Met8red Lighting Y Y -_. 1008901001688880158200 3111/3 FALKAVE HOUSTON02 15 City of La Porte LA PORTE. TX 77571 9111 -. - - 1008901001688881937200 31111/3 FONDREN ST HOUSTON02 15 City Of La Porte LA PORTE TX n571 9111 J..T -......., - .-- - ~008901023800910310200 3133 FONDREN ST HOUSTON02 15 City of La Porte LA PORTE TX n571 9111 __17 - - 100890107678610E~A8200 STREET LIGHT TYPE EMA HOUSTON02 33 City of La Porte HOUSTON TX nOO2 9111 - - 100890107678610E~E8200 STREET LIGHT TYPE E~E HOUSTON02 33 City of La Porte HOUSTON TX 77002 9111 ___1_11__ -lIlllC;;r--_____r____' lIII'::a;> 1 00890 1 0767861 OGHA8200 STREET LIGHT TYPE GHA HOUSTON02 33 City of La Porte HOUSTON Tx nOO2 9111 - 1008901 0767861 OGHE8200 STREET LIGHT TYPE GHE HOUSTON02 33 City of La Porte HOUSTON TX nOO2 9111 111'111111_ -......- - - 1008901 0767861 OLHG8200 STREET LIGHT TYPE LHG HOUSTON02 ~3 City of La Porte . HOUSTON 1'X noo~'. 9~11 ......; . . STREET LIGHT TYPE LHS 100890107678610LHS8200 HOUSTON02 ~ City of La Porte HOUSTON TX . ',nOO2. .9'111 .....h;_,_MIOI..._::'_I;"........'...:"....._::;:~"!:N;IWMC__':_...>>O':__OO;=......--",.;___..;;":_"a:.:H:_~...__~......__:::-.;o;>Il_,,>I_II"_:: . _..M .. . ... . ... . .... -_.... _.. -....-...- . - --- .. -. . Proprietary and Confidential Report Generated fOr GPENDLEY on 10/2812003 eTXU ERCOT o $0.00 Y Y NorH.4etered Lighting 33 HOUSTON02 9111 STREET LIGHT TYPE PHA HOUSTON TX 100890107678610PHAS200 City of La Porte ERCOT o $0.00 Y Y NorH.4etered Lighting 33 HOUSTON02 9111 nOO2 STREET LIGHT TYPE PHE HOUSTON TX 100890107678610PHE8200 City of La Porte ER<;:OT 36 $0.00 Y Y Demand Low LF (040) 16 HOUSTON02 9111 nOO2 2900 S BROADWAY ST LA PORTE tx 1008901023812899220102 City of La Porte ei ERCOT 167 $0.00 Y Y Demand L~ LF (040) 16 HOUSTON02 9111 n571 600 S BROADWAY ST LA PORTE TX 1008901023810996930100 City of La Porte $0.00 Y _______I*IIU_:.rlH'_IIUfll......."1Ml11I1 $0.00 ERCOT Y 0 ERCOT o Y 21 t10USTON02 9111 n571 1111/2 S 4TH ST LA PORTE 1008901023813207710102 City of La Porte Non-Demand n571 TX Y 21 HOUSTON02 9111 111 S2NDB LA PORTE 1008901023811808900100 City of La Porte e. ERCOT o $0.00 Y Non-Demand Y Non-Demand 1 HOUSTON02 9111 n571 TX 35401/2 FARRINGTON LA PORTE TX 1008901023813207730102 City of L8 Porte 17 .- 16 of Page ___111____=___11____________11__11111_' on 10/2~3 77571 _,I....._,IIII.;~.......Il...............:-:--IIINI....,--\..I'III---.....--,--1I Proprfetary and Confidential Report Generated for GPENDLEV eTXU 1/1/2004 12/31/2006 Contract Start Date: End Date: Contract e e 543,969 778,615 760,933 779,817 907,336 911,699 933,817 877 ,608 886,532 826,589 826,347 858,593 790,828 756,736 761,200 776,148 912,346 911,161 927,074 883,538 885,264 825,776 --- Page 1 of 2 Account Legal Name: City of L~ Porte Price Request #: 3-1X46N-16 Request Type: Normal ../ Usage in kWh I eriod 01/01/2004 543,969 02/01/2004 778,615 03/01/2004 760,933 04/01/2004 779,817 05/01/2004 907,336 06/01/2004 911,699 07/01/2004 933,817 08/01/2004 877 ,608 09/01/2004 886,532 10/01/2004 826,589 11/01/2004 826,347 12/01/2004 858,593 01/01/2005 790,828 02/01/2005 756,736 03/01/2005 761,200 04/01/2005 776,148 05/01/2005 912,346 06/01/2005 911,161 07/01/2005 927,074' 08/01/2005 883,538 09/01/2005 885,264 10/01/2005 825,776 - - - Proprietary and Confidential Report Generated for GPENDLEY on 10/2812003 eTXU 826,352 858,173 789,759 756,799 761,027 771,167 919,265 910,779 e 926,840. . 882,796 879,795 830,275 826,386 851,461 354,453 30,467,252 e -- Page 2 of 2 11/01/2005 826,3~2 12/01/2005 858,173 01/01/2006 789,759 02/01/2006 756,799 03/01/2006 761,027 04/01/2006 771,167 05/01/2006 919,265 06/01/2006 910,779 07/01/2006 926,840 08/01/2006 882,796 09/01/2006 879, 7~5 10/01/2006 830,275 11/01/2006 826,386 12/01/2006 851,461 01/01/2007 354,453 # of Periods: 37 Total kWh: 30,467,252 - - Proprietary and Confidential Report Generated for GPENDLEY on 10/2812003 . ; . . . . No Back-up Required ".-- . e. ,- " . e REQUEST FOR CITY COUNCIL AGENDA ITEM Age"'a Date Requeated: 10-1 Requested By: DphrR FpRzpllp Department: Ci~ MaAager Aoorooriation Source of Funds: Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Amount Requested: $24,000 Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Champions of Industry competition by Pat Summerall Weare in the running for one offour: "The Best Managed Small Cities in Texas". If selected we would be honored at an April 17, 2004 ceremony. We would be profiled on CNN. Additionally, video copies would be available for our distribution on Economic Development opportunities. This would be a great image builder and is definitely in accordance with our goals. Our cost is a portion of the production of the video. I should know on Tuesday, October 14 if we make the next series of cuts. The cost is $24,000. The proposal is the Community Investment Fund be the recommended funding source. ~~r~ Approval for City Manager to proceed with this competition. If) -2--03 Date .. '. \' . . .e "CHAMPIONS OF INDUSTRY" AWARD ANNOUNCEMENT AND VIDEO PRODUCTION AGREEMENT Pat SummeraD Productions 2105 Waterview Parkway Richardson, TX 75080 Jean Lewis (972) 907-2525 (972) 907-1108 FAX City of LaPorte 604 West Fairmont Parkway LaPorte, TX 77571-6215 Debra Brooks (281) 471-5020' (281) 842-1529 FAX . City of LaPorte desires to engage Pat Summerall Productions (hereinafter PSP), with its principal offices in Dallas COUDty, Texas, of whom produces and sponsors the "Champions of Industry" Award AlmollDcements for all Internet, print, broadcast productions and distribution, to select City of LaPorte as a "Champions of Industry" Best Managed Small Cities m America Award Winner and to have PSP produce a Two (2) MiDute Brc1adcast ABDouDcement (hereiDafter Announcement) as part 01 PSP's "Champions of IDdustry" Awardl Announcements to be aired on Dational television, as weD as a Five (5) Miuute "Champions ollndustry" Video (hereillafter Video) to be used as promotional, marketing and or communications video by City of LaPorte in their business and or community activities. It is undentood by both Parties that PSP's execution of this Agreement sball constitute PSP's selection of City of LaPorte (hereia.lter Recipient) as a "Champions of IDdustry" ~:ward WinDer. Therefore, Parties mutually agree to the foDowing-provisions: 1. . PSP will produce the Amlouncement, narrated by Pat SummeraU, and broadcast it ODe (1) time nationally on HeadJiae News Network (BLNN), which is OWlled and operated by Time Warner, on a. weekday between 6:00 ~ 6:30 PM Eastern. - . . 2. PSPwill also produ.ce the Video with Pat SummeraU (hereinafter Talent) OD-camera opeaiDg thirty (30) seeollds. on camera dOling thirty (30) seconds, and narratiag the Video and shall be streamed on the Internet aDd made available 1I1Dder tbe "ChampioDs of Industry" icon on the Forbes.com website . through ~arious Columns; Windows, Banners and ButtoDS that rotate througbout Forbes.com ,;ebsite for a 24-hour period. . . 3. PSP will spotlight each city chosen as part of a "Champions ot Indutry", Best Managed Small Cities in America, in a CuD page aDDouDcement in Forbes Magazine nm TOTAL INVESTMENT ISl 5:24.000.00. e '. .. 4. The Terms 01 this Agreement are 500/0 of tbe Total Investment ($11,000.00) shall be due and payable within seven (7) days of the date ofPSP's execution oftMs Agreement. The remaining SO% (511,000.00) of the Total Investment shall be dllle and payable forty-live (45) days thereafter. Client hereby agrees to pay an admiDistrative late charge of S100.00; 8D~ thereafter interest 011 past due amounts at the rate of 1.504 per month, from the date following the contractual due date(s) until the date paid in full. S. Production Expeues Included ill the Total InvestmeDt wUl include the following: one (1) video:raplier, travel to one (1) location, one (1) day of shooting (8 hours), aDd ODe (1) day or editing (8-houn), scripting, talent by Mr. Pat Summerall, music, tapestoc:k, air-time, and one (1) set ot visual chuges (DOD- broadcast), as stipulated in dause #3 and (1) VBS copy of the Video and (1) VBS copy 01 the Announcement. 6. Recipient acknowlEdges and agrees that time is of the esseJIce regarding the project agreed herein. Recipient agrees to resl'Ond to PSP's requests for approvals in a timely manner as are provided for herein, and as are periodically ...:quested by PSP's personnel. Further, Recipient agrees tbat a. Shoot Date SHALL be confirmed in writing 110 later than 10U~D (14) days from the date of signing of-this Agreement Recipient understands and agrees that if Recipieut fails to agree to a shoot date within' th~ fourteen (14) day period, the contemplated broadenst of the Announcement canDot be assured by PSP, and Recipient risks forfeiture of the broadcast. FDrtbl~rmore, this' Alreement shall be deemed and stipulated to be faDy performed by PSP and PSP's obligations hereunder sbaD eease nine (9) months from the date of execution. (Normal production timetable is estimated t~tween 3-S months). 7. Recipient shall have reasonable script direction, subject to Pat Summerall's final approval. If Recipient's scripts are not approved by the production deadline, scripts shall be deemed approved. Recipient may request one set of visual changes to the Video with the exception of Pat SummeraD's on-c:amera portion. All raw footage shot on location by PS]~ will be provided to Recipient'on Beta SP upon project completion. 8. The Broadcast date for the Announcement will be approximately JaDlu~ry 2004. . . 9. Recipient shall retalin VBS re-usage rights the Video and the Announcement to be used as, but not limited to, promotional, marla:ting, and or commnnicatioDS videos. Tbe Recipient shall not broadcast the Video and or the AilnouDcemeDt on free or pay televisioD or via tbe Interuel PSP sball retain c:opyrights and masten ill and to the Video and tIle ADnouncement, bowever Recipient may pllrchase additional copies of the Video and or tbe Announcement at PSP's standar~ duplicatioll rates. 10. . Recipient lIndentaads that the "ChampioD or Industry" Award, Announcement, and Video are produets ot PSP and is not affiliated with Headline News Network (BLNN). Redpieat fUrther Dodentands that PSP must protect. their relationsbip with networks and affiliates and mast protect the image of the talent involved with this project; therefor.!, Recipient agrees that prior to any and all press releases, 'announcements by tbe Recipient, or promotional material of any kind that pertains to the Networkt Broadcast, "Champions of Industry" Award, or the Talent, the Recipient shaD forward such publicity to PSP for review and approval. PSP . shaD respond in writiDg within (10) ten bus.iDess da)'s to such requests.. . . 11. Except as provided for in clause ##8, the Recipieat shall Dot use Talent's name, image or likeness in any way without express written permission from PSP. U. . If any provision oftlds Agreement Is held invalid or unenforceable, the balance olthis Agreement shall remain in fuU force and effect. . 13. The faUure orpsp tl) insist upon strict adberence to any term of this Agreement on auy occasion sball Dot be considered a waiver nCI' deprive PSP of the richt thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing. e e 14. All provisions or this Video Production Agreement shaU be subject to and shaD be enforced and coustrued pursuant to the Laws o:f the State 01 Texas, and is wholly performable and venue shall be proper in Dallas Countyt Texas. IS. Uncontmllable E11eIrJ!l Recipient sbaD save and hold Talent and PSP, the pareDt company or any subsidiaries harmless and of and tl'Om any and all liability, and hereby agrees to make DO claim of any nature on PSP, the parent company or any subsidiaries or Pat Summerall, as a result of network pre-emp~ network cancellation, change of airdate, tin1e or the subsequent c:ancellatioD of the "Champions ot Industry" project by Talent due to circumstances that would prevent Talent from beiDg able to perform; PSP shall use its best efforts, to tbe extent practicable, to notify Recipieut of aDY such cancellation or talent, change of Network or pro&ram within IS (fifteen) days. PSP shall substitute similar (to the meat pnctieable) talent, program or Network to perform this agreement. 16. Incident to the per.Formance or anyon-location videotaping, it is hereby agreed by and between the Parties, that both Parties shaD provide their 0WIl transportation. It is understood and hereby agreed that neither party, its agents nor emplo:yees, shall tnnsport any agents or ~mployees of the other party, and have no LiabUity with respect to the ~tber I'arty's employees. . 17. The penormaace ~, PSPof any and aU of.it obli~atioDS hereunder is expressly coDditioned upon the payment by Recipient of the Totalluvestment pursuant to the terms of dause ## 3, and the timely respo~e and compliance with all production deadlines as are provided herein in other clauses, and which are communicated from time to time to clieat by PSP personneL It is hereby aclmowledced and agreed by the parties that the promises, terms allld cODditions coDtained in this Agreement are deemed mutually dependent reciprocal promises. 18. Any notice or cOlDlI1uDieation required or permitted to be in wriug may be served by facsimile transmission (FAX). Notice in this manDer shall be effective jf and when received by the parties to be notified. Any SIGNED document transmitted 'by FAX machine shall be treated in all manDer and respects as aD' ORIGINAL document. . . 19. This Agreement C:O:lIStitutes and expresses the IDtire understaDdiu& 01 the parties hereto in refereDce to all. matten referrt:d to herein; all previous discussions, promises, representatiODS and understandings relative thereto, if any, bad between the parties hereto, are herein merged. It may not be changed orally, but only by an agn:ement in writing signed by both parties. This Agreement is no....c:aDcelable and Don refundable .' 20. Each signatory to thiis Agreemeat expressly warrants that he or she has the necessary authority to execute this AgreemeDt on bebaJfafthe Corporate Principal, and to bind said COlporate Principal to perform this Agreemeut thereby. IN WITNESS WHEREOF, the parties hereto have executed tbis agreement on the date and the year written below. . . . PATS~LPRODUcnONS By: Title: CI1YOF~RTE k . . By: dJJjJMJjb JdiJ . TItle: CA1 m211~l' .. . ;De~ra n ~ { (-e-J Prmted SigDatory Name '. '. Date: '/0 -I 4'-0_ ? PriDted Signatory Name Date: e. e e CITY OF LA PORTE . '. .; ".' ~ ,~.. . CITY S'ECRETARY'S OFFICE INTEROFFICE MEMORANDUM TO: FROM: October 7, 2003 Mayor and City' Council C. Alexander, J. Joerns Executive Staff Bayshore Sun/Houston Chronicle D. B. Feazelle, City Manager SUBJECT: November and December City Council Meeting Dates Due to the hectic holiday season, the Council Meetings for November and December are scheduled for Monday, November 10, 2003, at 6 p.m. and Monday, December 8, 2003, at 6 p.m. The regularly scheduled dates of November 24, 2003 and December 22, 2003 have been cancelled. Please mark your calendars. Thank you. DBF/skt cc: Martha A. Gillett, TRMC City Secretary ".-- e . " " e . . .. .~ ::_l.~; _;.:..-,l~ ..l ;/ . .~... . OCT 0 3 2003 Russel E. Hankins, President Councilman, Hedwig Village Richard Rothfelder, 1st Vice President Mayor, Southside Place . Rachel Nunez, 2nd Vice President Councilwoman, Jacinto City .Pete C. Alfaro, Secretaty- Treasurer . Mayor, Bay town Denton McDugle, Past President Councilman, Deer Park ,- .. i ....,;... t _ ..~. . _ ,J' Harris County MAYORS' &.. COUNCILS' ASSOCIATION . . . ~. .1 ';",.... ;- /..~..: , -;~_' ~~.w.. . - . . NOTICE OF MEETING THURSDAY, OCTOBER 16, 2003 The OCTOBER meeting of the Harris County Mayors' 8J1d Councils' Association will be held at RELIANT STADIUM, WEST CLUB, ONE RELIANT PARK, HOUSTON, TX, 77054, 832-667-2400. A map is enclosed. The schedule for the evening meeting is: :30 PM - Reliant Stadium Tour - $5.00 er erson ust RSVP b noon on Monda October 13t 6:30 PM - Social Period 7.:15 PM - Dinner 8:00 PM - Program AGENDA 1. Welcome to Members of the Harris County Mayors' & Councils' Association 2. Invocation 3. Dinner 4. Introductions 5. Program:. Oliver .Luck, Chief Executive of the Houston Sports Authority 6. Approval of the minutes from the meeting held September 18, 2003. 7. "Approval of Treasurer's Report 8. Announcements 9. Adjournment RESERVATIONS ARE REQUIRED. Please R.S.V.P. to the City of Baytown, Gina Rivon, 281-420-7152 bv noon. Mondav. October 13. 2003. Please copy this notice and distribute to your Mayor and City Council. Dinner cost to guests will be $30.00, as approved by the Association on September 16, 1999. . Cancellation Deadline: Wednesday, October 15,.2003, at 12:00 p.m. If you make reservations and you are unable to attend, please call to cancel. You will not be billed i' you cancel before the cancellation deadline;' however, all no-shows will be billed according to the Harris. County Mayors' & Councils' Association Rules and By-Laws. . . $ 7. 00 parking fee per vehicle I . . . HARRIS COUNTY MAYORS' AND COUNCILS' ASSOCIATION DINNER MENU . OCTOBER 16, 2003 The October meeting will:he held at the Reliant Stadium. The following menu items will be . served buffet style: Southwest Caesar Salad Dessert Slaw Salad (Seasoned with a Honey Lim~ Dressing) Selection of Melons., Fresh Berries, Grapes and Pineapples Fresh Vegetables Marinated with Fresh Herbs and Spices Herb Roasted Fin'gerling Potatoes Fire R~asted Com and Sweet Peppers Bistro Grilled Chicken Breast.(Mixed with Cayenne Scallions) Smoked Link Sausage Herb Crusted Pork Loin with Garlic and Merlot Infused Risotto Fresh Baked J alepeno Cheese and Sourdough ,Rolls . Dessert Trio ie e ~...., ~ Billy Burge j3rQ.yer J.;j.9J$.son Kitty Cowan Allen Sic C?..mQ.Q I,gIDffiY T ra n Lawrence R. Caluzzi ~arl Warwick Celina Garza Ridge Jim Jard Reverend Manson B. Johnson II AI Lunil Howard J. Middleton John O. Smith Oliver Luck Oliver Luck Chief Executive Oliver Luck was sworn in as Chief Executive Officer on December 3,2001. In his role he oversees the operations of the Harris County Houston Sports Authority, the governmental entity created in 1997 to provid13 the financing, ,construction and management oversight of the three large sports and entertainment venues in Houston: Minute Maid Park (home of the Houston Astros), Reliant Stadium, (home of the Houston Texans and the Houston Livestock Show and Rodeo), and the new Downtown multi-purpose arena (home of the Houston Rockets and Comets). . Prior to joining the Sports Authority, Luck was a top-ranking executive with the National Football League for over ten years, where he served as Vice President of Business Development and President and CEO of NFL Europe. A rec-ord setting quarterback at West Virginia University, Lucl: was' selected in the second round of the 1982 NFL Draft by the Houston Oilers and went . on to play five seasons with the club. He earned a BA degree from West Virginia University, graduating with highest honors, and is a member of Phi Beta Kappa. In 1987 he received a J.D. from the University of Texas, graduating with honors. ' Luck, a two-time Academic All-American while in college, w'ils recently named to the Academic All American Hall of Fame. .@ 2003 Harris County-Houston Sports Authority b.. ... .. ....""...r7{L. ..: . ~ .,gj ,.I~ -rOt'- ,,". ~ "~ ~Jll.JmGJ:lTl' Harris County-Houston Sports Authority First City Tower 1001 Fannin, Suite 750 Houston, TX 77002 713.3552164 or 713.355.2427 (fax) He is married to the former Kathy Wilson and they have four children; Andrew, Mary Ellen, Emily and Addison. In addition to his professional pursuits, Luck is actively involved as a coach for youth sports. e e Exit Kirby Drive. Make a left into Murworth Parking Lot. FOLLOW DIRECTIONAL SIGNAGE. ./: . '., .. \ LaPorte. , II Kick Off Rally. Octo'tier 27; 2003 The RtlJ11.1n./9.. Location: .Dewalt Altem'ative School 401 N 2nd St. LaPorte, TX 77571 Tim e: 'Monday, October27, 2003 7:15 am - 8:00 am . . N ancy.D avie @ (281)604-6942 '. Date: '.' RSVP: The Rolly 'Kicks * .Red Ribbon His,tory . * Presentation of Essay Winners!!! * 'Great Prizes!!! * Refreshments . ..II- . ZONING ~ 106-190 (3) Publication of notice. In the event a public hearing shall be. held by the city planning and zoning commission in regard to a change of this chapter not involving particular property but involving a change in the chapter generallY, notice of such hearing shall be given by publication once in a newspaper of general circulation in the city stating the time and place of such hearing, which time shall not be earlier than .~s from the day of such publication. (4) Submission of findings and recommendations to city council. The city planning and zoning commission shall forward its written findings of fact and recommendations to city council within 15 days of the 'close of the hearings. . (5) Public hearing before city council. a. Upon receipt of the written recommendations from the planning and zoning commission, a public hearing shall be held by the city council before adopting any proposed amendme.nt, slippl~inent, change, modification or repeal of the regula- tions, restrictions, and 'boundaries herein. established. b. Notice of such hearing shall be given by publication once in a newspaper of general circulation on the city stating the time and place of such hearing, which time shall not be earlier than 12 days from the day of such publication. (6) Council actions. The city council shall act upon such motion or petition within 30 days from the date the final report of the city planning and zoning commission was submitted to the city council. (7) Protests. a. In case of a protest against any such amendment, supplement, change, or repeal of the regulations, restrictions, and boun~aries herein established, a written protest filed w~th the enforcement officer and signed by the owners of 20 percent or more of either: 1. The area of lots or land covered by the proposed change; or 2. The area of lots or land immediately adjoining' the. area covered by the proposed change and extending 200 feet from that area. Such ~endment, supplement; change, modification, or repeal shall not. become effective except by the favorable vote of three-fourths of all the members of the city council. 3. Streets and alleys shall be included when computing the area of land from which a protest may be filed. (8) Vote to overrule. The atrmnative vote of at least three.,fourths of the city council is required to overrule a recommendation of the city planning and zoning commission that a proposed change to this chapter or boundary be denied. Secs. 106-172-106-190. Reserved. ft'7 rf.%:: 7 /ll~v--' CDI06:31 I. I / . ... :MEETING HANDOUTS ;/ -/ .. .' . ,