Legals for 2-26-20 publication

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NOTICE TO BIDDERS

PEARLAND ECONOMIC DEVELOPMENT CORPORATION

Sealed Proposals will be accepted until 2:00 p.m., Thursday, March 05, 2020 and read aloud into the public record for the following:

Pressure Washing Services for Various Entryways and Corridors

City of Pearland, Texas

BID NO.: 0220-24

The project entails providing pressure washing services at approximately five (5) locations throughout the City of Pearland. A summary of the work includes sidewalks and pavers, natural stone-walled planters, and concrete flatwork located back of curb in roadway medians.  An optional bid item is also included for both pressure washing and repainting currently painted median curbs.

A Non-Mandatory Pre-Bid Conference will be held at the Pearland Economic Development Corporation at 3519 Liberty Drive, Suite 350, Pearland, Texas 77581 at 1:30 p.m. on March 2, 2020.

All proposals should be submitted through the E-Bid system located on the City’s website at: https://pearland.ionwave.net.  All interested Offerors are advised to register as a “supplier” on the City’s E-Bid System at the above website by clicking on “Supplier Registration” and completing a short registration questionnaire.  Electronic Proposal Documents, including Plans, Technical Specifications and Proposal Forms are available for download after registration is approved by the City Purchasing office.  No plan fees or deposits are required for proposal documents obtained through the City’s E-bid System. Questions regarding electronic proposals should be directed to City Purchasing Office at [email protected].

Proposal Documents are also available from the following plan houses:

Amtek Plan Room  (713) 956-0100

The Associated General Contractors of America, Inc. (713) 334-7100

Associated Builders & Contractors of Greater Houston (713) 523-6222

Dodge Reports (713) 316-9411

The City of Pearland reserves the right to reject any or all proposals.

Crystal Roan

City Secretary, City of Pearland

First Publication date February 19, 2020

Second Publication date February 26, 2020

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Pearland Independent School District will be accepting Request for Proposals for the following:

Auditing Services, RFQ #20-0319-01 until 3:00 p.m., Monday,     March 16, 2020

District Wide Contracted Services – RFP #20-0630-18 until 5:00 p.m., Tuesday, June 30, 2020

Contracted Services-Fine Arts – RFP #20-0630-19 until 5:00 p.m., Tuesday, June 30, 2020

Special Programs Contracted Services – RFP #20-0630-20 until 5:00 p.m., Tuesday, June 30, 2020

Proposals will be submitted online in the Pearland ISD eBid System. Vendors may login and view specifications and submit their response at the following link: https://pearlandisd.ionwave.net.

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CITY OF PEARLAND, TEXAS

NOTICE TO OFFERORS

Sealed statement of qualifications will be received by City of Pearland Purchasing until 11:00 a.m., CST, Tuesday, March 10, 2020 and all submittals will be publicly acknowledged by name in City Hall Annex, 3523 Liberty Drive, Pearland, TX on that date for:

COMPREHENSIVE PLAN

RFQ # 0220-26

Forms, specifications and all necessary information for this request for qualifications may be obtained from the following website: https://pearland.ionwave.net. Vendors are encouraged to return their statement of qualifications response electronically using the City’s e-bid system, but may submit by hard-copy to City Secretary, with either manner due by the closing date and time stated above.

The City reserves the right to reject any or all submittals, or to accept any submittal or combination of submittals deemed advantageous to it.

Vendors should register on the City’s e-bid system at https://pearland.ionwave.net (if not already registered).  Once registered on the City’s e-bid system, RFQ documents may be viewed on the site.  If further assistance is needed, please email [email protected] no later than Friday, February 28, 2020. Make reference to RFQ Number 0220-26.  RFQ Closing Date: March 10, 2020.

Crystal Roan

City Secretary, City of Pearland

First Publication: February 19, 2020

Second Publication: February 26, 2020

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NOTICE OF PUBLIC HEARING TO

CONSIDER ADOPTION OF

MASTER DRAINAGE PLAN UPDATE

Notice is hereby given that the Commissioners of the Brazoria Drainage District No. 4, Pearland, Texas, will hold a Public Hearing to consider adoption of the Master Drainage Plan Update as developed by HALFF and Associates Inc. on April 7, 2020 at 8:30 a.m. at the office of the District, 4813 West Broadway, Pearland, Texas 77581.

Any member of the public has the right to appear at the hearing and present evidence for or against the plan. The Master Drainage Plan Update is available for review at the office of the District.

The Board of Commissioners will receive comments from the public; no action will be taken.

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ORDINANCE NO. 2019-19

AN ORDINANCE AMENDING APPENDIX C – “ZONING,” “SECTION 8.N.8. ADJACENT PROPERTY, BUFFER MAINTENANCE AND INSTALLATION” DUPLICATING REQUIREMENTS FOR BUFFERING FROM “SECTION I.2. PERIMETER LANDSCAPING AND SCREENING;” AND AMENDMENTS TO “SECTION 8.N.3. PARKING” DUPLICATING REQUIREMENTS FOR PARKING FROM “SECTION I.2.C. OFF-STREET PARKING LANDSCAPING;” AND RELOCATING LANGUAGE PUD MODIFICATION FROM “SECTION 8.H. MODIFICATION OF STANDARDS PROPOSED WITHIN A PUD” TO “SECTION 7.J. PUD, PLANNED UNIT DEVELOPMENT, GENERAL PURPOSE AND DESCRIPTION,” INCLUDING MINOR GRAMMATICAL CORRECTIONS; PROVIDING A PENALTY FOR VIOLATION IN AN AMOUNT NOT TO EXCEED $2000, OR AS OTHERWISE PROVIDED BY LAW; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.

A. It shall be unlawful to fail to comply with Appendix C, “Zoning”, Section 8.N.8., Downtown District Supplemental Requirements, including Adjacent Property, buffer maintenance and installation and  Section 8.N.3. Parking.

B. Penalty- Penalty not to exceed $2,000 each day.

I, MELINDA WELSH, CITY SECRETARY OF THE CITY OF FRIENDSWOOD, TEXAS, DO HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF THE ORIGINAL ORDINANCE NO. 2019-19 ADOPTED BY THE CITY COUNCIL AT THE REGULAR MEETING HELD 06/03/19, AS THE SAME APPEARS IN THE RECORD IN THE OFFICE.

MELINDA WELSH

CITY SECRETARY

FRIENDSWOOD, TEXAS

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ORDINANCE NO. 2019-18

AN ORDINANCE AMENDING APPENDIX C – “ZONING,” “SECTION 7.I.” AND “SECTION 8.N.4.” TO ALLOW CEMENT FIBER BOARD INSTALLED AS LAP SIDING IN THE DOWNTOWN DISTRICT (DD); “SECTION 8.N.4.” TO CHANGE THE FENESTRATION REQUIREMENTS IN THE DOWNTOWN DISTRICT (DD), AND “SECTION 8.N.4.” TO RESTATE THAT SERVICE LATERALS MUST BE INSTALLED UNDERGROUND, PROHIBIT GARAGE BAY DOORS FROM FRONTING FM 518 IN CERTAIN SITUATIONS, LIMIT EXTERIOR BUILDING COLORS TO EARTH TONE COLORS, REQUIRE THAT SCREENING MATERIALS MATCH THE MAIN STRUCTURE AND ADD A REFERENCE TO DUMPSTER SCREENING REQUIREMENTS, INCLUDING MINOR GRAMMATICAL CORRECTIONS; PROVIDING A PENALTY FOR VIOLATION IN AN AMOUNT NOT TO EXCEED $2000, OR AS OTHERWISE PROVIDED BY LAW; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.

A. It shall be unlawful to fail to comply with Appendix C “Zoning”, Section 8.N., Downtown District Supplemental Requirements, including the Architectural standards, screening, sidewalks, and utilities.

B. It shall be unlawful to fail to locate underground all permanent utilities serving the property, at the owner’s expense

C. Penalty- Penalty not to exceed $2,000 each day.

I, MELINDA WELSH, CITY SECRETARY OF THE CITY OF FRIENDSWOOD, TEXAS, DO HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF THE ORIGINAL ORDINANCE NO. 2019-18 ADOPTED BY THE CITY COUNCIL AT THE REGULAR MEETING HELD 06/03/19, AS THE SAME APPEARS IN THE RECORD IN THE OFFICE.

MELINDA WELSH

CITY SECRETARY

FRIENDSWOOD, TEXAS

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NOTICE TO OFFERORS

CITY OF PEARLAND, TEXAS

Sealed Proposals will be accepted until 2:00 p.m., Tuesday, March 17th and read aloud into the public record for the following project:

Construction Manager At Risk For

Fire Station #4 and Shari D. Coleman Animal Shelter & Adoption Center

City of Pearland, Texas

COP PN: FA2001 & FA1803

RFP: 0220-21

Fire Station # 4

The project consists of the pre-construction services and construction of a new state of the art fire station approximately 14,000 square feet intended to house one – 4 person engine crew, one – 2 person ambulance crew, 1 Shift Commander, and 1 Fire Captain -EMS.   The facility will be constructed to operate full staff on a 24/7 basis. The project will be located on an existing twelve-acre site currently owned by the City of Pearland located northeast of the intersection of Cullen Blvd. and Freedom Drive.  The station will include 10 dorm rooms, restrooms with showers, a kitchen dining area, a day room, a watch office, a treatment/PD room, offices, personnel and equipment decontamination areas, and storage areas for bunker gear and medical supplies. The facility will contain four 80-foot-deep drive through apparatus bays and the site will include secure parking for all on duty staff as well as limited number of visitor parking.  The structural envelop will be designed to 140 mph 3 second gust criteria for wind loads, a back-up generator, drive though apparatus bays with fully glazed red bi-fold doors and a bay workshop with ancillary support systems.  The project is currently approaching 10% design development stage under contract with Joiner Architects.

Shari D. Coleman Animal Shelter & Adoption Center

The project consists of the pre-construction services and construction of a new state of the art animal shelter and adoption center approximately 17,193 square feet intended to house 16 staff members, dog runs to house approximately 103 canines, and space for approximately 98 felines. The project will be located on an existing twelve-acre site currently owned by the City of Pearland located northeast of the intersection of Cullen Blvd. and Freedom Drive. Facility also includes quarantine and isolation areas in compliance with State Law, an adoption center with rooms for potential adoption interaction and observation, veterinary service room, medical suite, laundry room, and food storage areas. The project is currently approaching 10% design development stage contract with Quorum Architects, Inc.

A Mandatory Pre-Proposal Meeting will be held at the City of Pearland City Hall, 3519 Liberty Drive, Pearland, Texas 77581 in the Council Chambers at 1:00 p.m. on Thursday, February 27, 2020. This meeting is a mandatory Pre-Proposal Meeting. Attendance at this meeting is a requirement for successful submittal of a proposal for this project.

All proposals should be submitted through the E-Bid system located on the City’s website at: https://pearland.ionwave.net/Login.aspx.  All interested Offerors are advised to register as a “supplier” on the City’s E-Bid System at the above website by clicking on “Supplier Registration” and completing a short registration questionnaire.  Electronic Proposal Documents and Forms are available for download after registration is approved by City Purchasing office.  No plan fees or deposits are required for proposal documents obtained through the City’s E-Bid System. Questions regarding electronic bidding should be directed to City Purchasing Department at [email protected].

Proposal Documents may also available for review at the following plan houses:

Amtek Plan Room  (713) 956-0100

The Associated General Contractors of America, Inc. (713) 334-7100

Associated Builders & Contractors of Greater Houston (713) 523-6222

Dodge Reports (713) 316-9411

Bid Security, in the form of Cashier’s Check, Certified Check, or Bid Bond, payable to the City of Pearland in the amount of 5% of the total Pre-Construction Services price, must accompany each proposal.  See Instructions to Offerors for Bond submittal information and instructions. The City of Pearland reserves the right to reject any or all bids.

Crystal Roan

City Secretary, City of Pearland

First Publication date February 19, 2020

Second Publication date February 26, 2020

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NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL

AND THE PLANNING AND ZONING COMMISSION

OF THE CITY OF PEARLAND, TEXAS

Text Amendments to the Unified Development Code (UDC): 2000-T-32

Notice is hereby given that on March 16, 2020, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas at the request of the City of Pearland, for proposed amendments to the Unified Development Code, Ordinance No. 2000T, to include the following:

1.  Establishing new land uses in the Land Use Matrix, to include “Pawn Shops”, “Payday Loans” and “Cash Advance”, and add definitions to Chapter 5 – Definitions of the UDC.

2. Creating exceptions to the front yard setback and landscape buffer requirements for platted properties that are affected by right-of-way acquisitions or dedications.

3. Clarifying banner signs regulations by removing the banner permit fee from Section 4.2.5.5(c)(3).

4. Requiring minimum sidewalks width of eight feet (8′) for thoroughfares and collectors in lieu of the current six feet (6’); and establishing a minimum ten-foot (10′) width for mixed use trail paths in accordance with the adopted Trails Master Plan.

5. Replacing the minimum utility easement width, which is currently ten-foot (10′) to be as determined by City engineer or the Engineering Design Criteria Manual (Section 3.2.13.2(1)).

6. Removing all references to Director of Engineering, Planning Director and Engineering Standards Technical Manual in all chapters of the UDC and replacing with City Engineer, Director of Community Development, and Engineering Design Criteria Manual, respectively.

7. Changing water/sewer impact fees from under Building Official to Engineering Department (Section 1.1.2.4).

8. Replacing reference “Water” with “Wastewater” in Section 3.2.5.1.

At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject.  For additional information, please contact the Planning Department at 281-652-1765.

Mohamed A. Bireima, AICP

Senior Planner

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NOTICE TO BIDDERS

CITY OF PEARLAND, TEXAS

Sealed proposals will be accepted until 2:00 p.m., Thursday, March 12, 2020 and read aloud into the public record for the following project:

Rice Drier Road

Paving, Drainage & Water Line Improvements

SH 35 to BNSF Railroad ROW

City of Pearland

BID NO.: 0120-17

The Project entails the reconstruction of Rice Drier Road, including: removal of existing asphalt and concrete pavement, placement of 8” jointed, reinforced concrete pavement with 6” concrete curbs, lime stabilized subgrade, 6’ concrete sidewalk, and 2’ brick pavers back of curb; 24” and 30” reinforced concrete pipe and 5’x4’ reinforced concrete box, curb inlets, manholes, and junction boxes; and 1,027 feet of 8” PVC waterline with fire hydrants, fittings, valves, and connections and abandonment of existing water line.

A Non-mandatory Pre-Proposal Conference will be held at Pearland City Hall Annex at 3:00 p.m. on March 5, 2020.

All proposals should be submitted through the E-Bid system located on the City’s website at: https://pearland.ionwave.net.  All interested Offerors are advised to register as a “supplier” on the City’s E-Bid System at the above website by clicking on “Supplier Registration” and completing a short registration questionnaire.  Electronic Proposal Documents, including Plans, Technical Specifications and Proposal Forms are available for download after registration is approved by City Purchasing Office.  No plan fees or deposits are required for proposal documents obtained through the City’s E-bid System. Questions regarding electronic proposals should be directed to City Purchasing Office at [email protected].

Proposal Documents are also available for review from the following plan houses:

Amtek Plan Room  (713) 956-0100

The Associated General Contractors of America, Inc. (713) 334-7100

Associated Builders & Contractors of Greater Houston (713) 523-6222

Dodge Reports (713) 316-9411

Bid Security, in the form of Cashier’s Check, Certified Check, or Bid Bond, payable to the City of Pearland in the amount of 5% of the total base bid price, must accompany each Proposal.  See Instructions to Bidders for Bond submittal information and instructions.

The City of Pearland reserves the right to reject any or all proposals.

Crystal Roan

City Secretary, City of Pearland

First Publication date February 26, 2020

Second Publication date March 4, 2020

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NOTICE OF A JOINT PUBLIC HEARING OF THE CITY COUNCIL

AND THE PLANNING AND ZONING COMMISSION

OF THE CITY OF PEARLAND, TEXAS

ZONE CHANGE APPLICATION NUMBER: ZONE 20-00001

Notice is hereby given that on Monday, March 16, 2020, at 6:30 p.m., the City Council and Planning and Zoning Commission of the City of Pearland, in Brazoria, Harris and Fort Bend Counties, Texas, will conduct a joint public hearing in the Council Chambers of City Hall, located at 3519 Liberty Drive, Pearland, Texas, at the request of Manzoor Memon, applicant, on behalf of Esther Ando, owner, for approval of a zoning change from Single-family Residential-1 (R-1) District to General Commercial (GC) District, on approximately 4.60 acres of land; to wit:

Legal Description: Being a tract containing 2.75 acres of land, more or less, out of the Northeast ? of Lot 17, of the George W. Jenkins Subdivision of the lower ? of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas. Also being a tract containing 2 acres of land, more or less, out of the Northeast ? of Lot 17 of the George W. Jenkins Subdivision of the lower ? of the W.D.C. Hall League, Abstract 70, Brazoria County, Texas.

General Location: 3302 Dixie Farm Road, Pearland, Texas.

At said hearing, all interested parties shall have the right and opportunity to appear and be heard on the subject.  For additional information, please contact the Planning Department at 281-652-1765.

Mohamed A. Bireima, AICP

Senior Planner

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(Title:  An ordinance granting a franchise for electricity transmission and delivery services to Texas-New Mexico Power Company)

ORDINANCE NO. T2016-36

AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, GRANTING AN ELECTRICAL FRANCHISE TO TEXAS-NEW MEXICO POWER COMPANY PURSUANT TO TITLE 28, ART. 1175, V.A.T.S. AND SECTION 181.043, TEXAS UTILITIES CODE; STATING A PURPOSE; PROVIDING FOR A TERM OF THIRTY YEARS; PROVIDING FOR THE LOCATION OF FACILITIES; PROVIDING FOR REPAIR OF EXCAVATIONS AND OBSTRUCTIONS; PROVIDING FOR INDEMNITY TO THE CITY OF FRIENDSWOOD; PROVIDING FOR STREET RENTAL; REPEALING THE FORMER FRANCHISE, WHICH IS ORDINANCE NUMBER 85-22 OF THE CITY OF FRIENDSWOOD AS AMENDED BY BOTH ORDINANCE NUMBER 95-10 AND ORDINANCE NUMBER 96-8; AND PROVIDING FOR FORMAL ADOPTION.

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSOOD, TEXAS:

Section 1. Parties.   The City of Friendswood, Texas, herein called the City, a municipal corporation created under Article XI, Sec. 5, Texas Constitution, hereby grants the nonexclusive right, privilege, and franchise herein stated to Texas-New Mexico Power Company, a corporation, its successors and assigns, herein called Grantee or Company.

Section 2. Nature of Grant.  The City, acting pursuant to Title 28, Art. 1175, V.A.T.S. and Section 181.043, Texas Utilities Code, hereby grants to Grantee a nonexclusive right, privilege, and franchise to erect, maintain, operate, and remove electric lines and pertinent facilities over, under, across, upon, and along the streets, alleys, and other public property in the City.

Section 3. Purpose.  The prior franchise granted by Ordinance 85-22 (as amended by Ordinances 95-10 and 96-8) having expired, this franchise is granted for the purpose of providing electric service within the City and adjacent areas and transporting electric energy to, from, and beyond the City.

Section 4. Term.  Upon the filing with the City by the Company of the acceptance required hereunder, this franchise shall be in full force and effect for a term and period of thirty (30) years.

Section 5. Location of Facilities.  All poles erected by Grantee pursuant to the authority herein granted shall be of sound material and reasonably straight, and shall not be set in any gutter, drain, or drainage ditch. Grantee’ s poles and other facilities shall be placed and erected in such a manner as not to interfere with traffic, and the location, relocation, construction, and manner of erection of such poles and facilities shall at all times be subject to the police power of the City.  Grantee, whenever ordered to do so by the governing body of the City, shall at its own expense, relocate, alter or remove its facilities placed or maintained by Grantee under this franchise when the relocation, altering or removal thereof may be reasonably necessary in the reconstruction or construction of any public work or project or public improvement undertaken or directed by the City.  The City acknowledges that any modifications to the Grantee’s facilities may affect the safety and reliability of electric transmission and delivery within the City and the City hereby agrees to consult with Grantee on any such rearrangement, relocation, alteration or removal before ordering Grantee to do so.  Notwithstanding the foregoing, Grantee shall not be responsible for relocation costs:

a. where by City application, specific monies can be and are obtained from federal and state sources for relocation costs, provided that no City matching funds would be required, the scope of the City project would not be diminished, and the City would not be required to spend additional monies;

b. if the specific excavation, construction or relocation is done to accommodate the actions or plans of private individuals or entities, then such private individuals or entities shall be responsible for the relocation costs, provided that in no event shall the City be liable for such relocation costs; or

c. State or Federal law requires the City to pay for such relocation.

Section 6. Excavations and Obstructions.  Any and all excavations and obstructions in and upon the streets, alleys and other public places in the City caused by Grantee’s operations under this Ordinance shall be repaired and removed by Grantee as quickly as is reasonably possible, under the circumstances.

Section 7. Quality of Service.  The service furnished hereunder to City and its inhabitants shall be, considering all circumstances, consistent with the Tariff issued to TNMP by the Public Utility Commission of Texas as well as applicable state and federal regulations.  Grantee will maintain its facilities in reasonable operating condition in accordance with the foregoing Tariff and applicable state and federal regulations during the continuance of this Franchise.

Section 8. Indemnity.  Grantee shall fully indemnify and save harmless the City from any and all damage, loss, action or loss, action or cause of action arising in whole or in part from Grantee’s exercise of any of its rights, privileges, franchises and obligations hereunder, except to the extent arising out of the City’s sole negligence or willful misconduct.  In the event of joint and concurrent negligence or fault of both Grantee and the City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity available to the City under Texas law and without waiving any of the defenses of the parties under Texas law.  It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this section shall be solely for the benefit of the parties hereto and shall not create or grant any rights, contractual or otherwise, to any person or entity.

Section 9. Street Rents.  Until completion of the Grantee’s next general rate proceeding at the Public Utility Commission of Texas, the Grantee shall report and pay each calendar quarter during the term of the franchise ordinance a street rent equal to all kilowatt hours (kWh) delivered within the City limits regardless of customer class.  The charge per delivered kWh shall be determined by (i) dividing the total electric franchise fee revenue for calendar year 1998 by the total number of kWh delivered to all customers within the City limits in 1998 and (ii) multiplying the charge per kilowatt hour determined for 1998 by the number of kilowatt hours delivered within the City during each calendar quarter.  Grantee calculates that charge to be $0.0018743 per KWh.

Company and City have agreed that franchise fee payments should be increased to a level equivalent to a 4% franchise fee as calculated prior to deregulation.  More specifically, Company and City agree that the fee shall be calculated using a revised billing factor of $0.0037486 per KWh which is two (2) times the current factor of $0.0018743 per KWh. In TNMP’s next general rate case, TNMP will seek approval of rates that will provide for recovery of franchise fee payments based on the revised factor.  Payment for the increase in franchise fees initiated under this agreement shall not be due until after the conclusion of the Company’s next general rate case; and, then, shall be due and payable only if the Public Utility Commission of Texas provides a method for the Company to recover those fees for service provided after the effective date for implementing modified rates.

Company and City further agree that in the event the Public Utility Commission does not approve recovery of the revised factor (i.e., $0.0037486 per KWh) equivalent to a 4% franchise fee at the conclusion of the Company’s next general rate case, the Company shall continue to pay to City a franchise fee based on the calculated current factor of $0.0018743 per kWh as determined by the formula set forth above.

The charge herein made shall be in lieu of, to the extent permitted by law, any other charges or fees of any kind by the City based on, connected with, or incident to the exercise of the non-exclusive rights, privilege, and franchise herein granted.

The parties agree to meet to discuss adjustments to franchise fee either upon the request of one of the parties or on a periodic basis as the parties may agree.  The franchise fee shall be adjusted provided that parties agree to reasonable increase in the fee.  Grantee obtains all necessary and final approvals for the recovery of any proposed increase of the franchise fee and the increased fee or its recovery is not otherwise prohibited or disallowed by a regulatory body or court having jurisdiction.

Section 10. Reservation of Powers.  In granting this Franchise, the City does not surrender or to any extent lose, waive, impair or lessen the lawful powers, claims and rights, now or hereafter vested in the City under the Constitution and statutes of the State of Texas or other applicable law, to regulate public utilities within the City and to regulate the use of the Streets by the Grantee.

Section 11. Prior Franchise Repealed.  This franchise ordinance, upon acceptance by the Grantee, shall replace and supercede that certain Electric Franchise Ordinance No. 85-22, heretofore granted by the City to the Grantee, adopted on the 23rd day of September, 1985, and any and all amendments thereto found in Ordinance Nos. 95-10 and 96-8.

Section 12. Acceptance by Company.  The Company shall, within thirty (30) days from the date this Ordinance is passed and approved, file with the City a written statement signed in its name and behalf, in the following form:

“To the City of Friendswood, Texas:

“The Company for itself, its successors and assigns, hereby accepts the above and foregoing Ordinance and agrees to be bound by all of its terms and provisions.

Texas-New Mexico Power Company

By:__________________________

“Dated the ____ day of ______, 2016

Section 13. Severability Clause.  Should any article, section, part, paragraph, sentence, phrase, clause, or word of this ordinance, for any reason be held illegal, inoperative, or invalid, or if any exception to or limitation upon any general provision herein contained be held to be unconstitutional or invalid or ineffective, the remainder shall, nevertheless, stand effective and valid as if it had been enacted and ordained without the portion held to be illegal, inoperative, unconstitutional, invalid, or ineffective.

Section 14. Adoption.  Passed and adopted with all necessary procedural formalities by the City Council of the City of Friendswood, Texas at a regular meeting held at the regular place, at which meeting a quorum was present throughout.  This Ordinance shall take effect and be in force from and after its passage and approval, and upon acceptance by the Company, the term of this franchise shall begin and continue in accordance with Section 4 hereof.

PASSED AND APPROVED on first reading the 12th day of September, 2016.

PASSED AND APPROVED on second and final reading the 3rd day of October, 2016.

Kevin M. Holland, Mayor

Attest: Melinda Welsh, TRMC

City Secretary

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