NOTICE OF PUBLIC SALE of property to satisfy landlord’s lien. Property will be sold to highest bidder for cash by online auction at www.storagetreasures.com, for Able Self Storage, 17215 Pearland Sites Rd., Pearland, TX 77584 on Feb 14th, 2020 at 12:00 P.M. Property will be sold by the space. $100 cleanup andremoval deposit required. Seller reserves the right to withdraw property from sale. Property includes contents of space/spaces for the following TENANT and can be viewed online atwww.storagetreasures.com; Cook, Danny; household items, generator, table saw, tools, sports items. Gibson, Rick; household items, tools. Rodriquez, Matthew; electronics, speakers.
NOTICE TO BIDDERS
FRIENDSWOOD I.S.D.
CSP #20-001
FHS WINSTON STADIUM LIGHTING
The Friendswood Independent School District will be accepting Competitive Sealed Proposals (Texas Education Code 44.031) to replace the FHS WINSTON STADIUM LIGHTING. Sealed proposals can be submitted to FISD’s Administration Building (ATTN: FISD Purchasing Dept. CSP #20-001; 302 Laurel Drive, Friendswood, Texas 77546) Proposals must be received on or before 2:00 p.m., Monday 2/24/20.
Bid packets are available on the Public Purchase website at: https://www.publicpurchase.com/gems/friendswoodisd,tx/buyer/public/home or FISD’s website at: http://myfisd.com/information-for-vendors. A Pre-Proposal Walk-through is scheduled for 2:00 p.m. on Monday 2/17/20. Please contact Erich Kreiter, ekreiter@fisdk12.net with any questions.
The Friendswood Independent School District reserves the right to postpone, to accept or to reject any and all proposals as it deems to be in its best interest and to waive formalities and reasonable irregularities.
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REQUEST FOR QUALIFICATIONS
CITY OF FRIENDSWOOD, TEXAS
RFQ NO. 2020-01
2020 LIFT STATION MITIGATIONS
Request for Qualifications (RFQ’s) shall be submitted in triplicate and in sealed envelopes clearly marked with RFQ No. 2020-01, and addressed to the City of Friendswood, Attn: Melinda Welsh, City Secretary, and will be received at Friendswood City Hall, City Secretary’s Office, 910 S. Friendswood Dr., Friendswood, TX, 77546 before 2:00 pm, Thursday, February 20, 2020.
The City of Friendswood reserves the right to reject any and all RFQ’s and to waive any informality in RFQ’s received. The City of Friendswood pays for goods and services according to the provisions of Chapter 2251 of the Government Code.
Plans and specifications may be downloaded from the City of Friendswood’s website at http://www.ci.friendswood.tx.us/publications.
Plans, specifications and bid documents are available for review/inspection or to be picked up during regular business hours at City Hall from the City Secretary’s Office. The address is 910 S. Friendswood Drive, Friendswood, TX 77546.
The person to contact for additional information is Bria Whitmire, PE, at (281) 996-3208.
Melinda Welsh, TRMC
City Secretary
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ORDINANCE NO. 2020-05
AN ORDINANCE AMENDING APPENDIX C, “ZONING,” SECTION 3. “PROVISION FOR OFFICIAL ZONING MAP,” TO UPDATE AND ADOPT THE OFFICIAL ZONING MAP OF THE CITY, INCORPORATING APPROVED CHANGES IN DISTRICT BOUNDARIES AND OTHER MATTERS PORTRAYED ON THE OFFICIAL ZONING MAP; PROVIDING A PENALTY FOR VIOLATION IN AN AMOUNT NOT TO EXCEED $2,000, OR AS OTHERWISE PROVIDED BY LAW; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.
A. It shall be unlawful to fail to comply with the Official Zoning Map, superseding all prior zoning maps.
B. Penalty not to exceed $2,000.
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. 2020-05 ADOPTED BY THE CITY COUNCIL AT THE REGULAR MEETING HELD 02/03/2020, AS THE SAME APPEARS IN THE RECORD IN THE OFFICE.
MELINDA WELSH
CITY SECRETARY
FRIENDSWOOD, TEXAS
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ORDINANCE NO. 2015-04
AN ORDINANCE AMENDING APPENDIX C – “ZONING,” SECTION 20, “DEFINITIONS”, PARAGRAPH P. “HOME OCCUPATION” TO REVISE AND UPDATE THE DEFINITION OF SUCH TERM; 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 for any person to fail to comply with Zoning Ordinance definition and requirements relating to a Home Occupation, including, but not limited to restrictions of employees, vehicle parking, special construction, advertising on the premises, material storage or change in residential character.
B. Penalty not to exceed $2,000.
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. 2015-04 ADOPTED BY THE CITY COUNCIL AT THE REGULAR MEETING HELD 02/02/2015, AS THE SAME APPEARS IN THE RECORD IN THE OFFICE.
MELINDA WELSH
CITY SECRETARY
FRIENDSWOOD, TEXAS
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ORDINANCE NO. 2000-37
AN ORDINANCE AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY AMENDING ARTICLE IV, EXCAVATIONS, DIVISION 3, AS ADOPTED BY ORDINANCE NO. 99-31, PASSED AND APPROVED ON OCTOBER 18, 1999, BY DELETING THE DIVISION IN ITS ENTIRETY; AND AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY ADDING A NEW DIVISION 3 OF ARTICLE 4, MANAGEMENT OF RIGHTS-OF-WAY, CONSISTING OF SECTIONS 66-126 THROUGH 66-150, PROVIDING RULES AND REGULATIONS GOVERNING THE USE AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY WITHIN THE CITY; PROVIDING STANDARDS FOR CONSTRUCTION AND MAINTENANCE OF FACILITIES WITHIN SAID PUBLIC RIGHTS-OF-WAY; PROVIDING FOR THE ISSUANCE OF PERMITS; PROVIDING FOR THE FILING AND MAINTENANCE OF BONDS AND INSURANCE; PROVIDING A CRIMINAL PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; PROVIDING A CIVIL PENALTY IN AN AMOUNT NOT TO EXCEED $1,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OR ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.
A. It shall be unlawful for any person to cause or permit the placement, construction, operation or maintenance of any Facility within Public Right-of-Way, unless authorization has been granted by the City.
B. Criminal Penalty not to exceed $2,000, Civil Penalty up to $1,000 each violation and/or revocation of permit.
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. 2000-37 ADOPTED BY THE CITY COUNCIL AT THE REGULAR MEETING HELD 09/25/2000, AS THE SAME APPEARS IN THE RECORD IN THE OFFICE.
MELINDA WELSH
CITY SECRETARY
FRIENDSWOOD, TEXAS
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ORDINANCE NO. 2003-08
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY ADDING A NEW SUBPARAGRAPH (8) TO SECTION 34-29 THEREOF, BY ADDING A SENTENCE AND NEW SUBPARAGRAPHS (1) THROUGH (8) TO SECTION 34-39 THEREOF, BY ADDING A NEW PARAGRAPH (6) AND A NEW PARAGRAPH (7) TO SUBSECTION (a) OF SECTION 34-40 THEREOF, BY STRIKING THE TERM “ELEVATED TO OR ABOVE THE BASE FLOOD” FROM THE FIRST SENTENCES OF SUBPARAGRAPHS (1) AND (2) OF SECTION 34-58 THEREOF AND SUBSTITUTING THEREFOR THE TERM “ELEVATED TO 24 INCHES ABOVE THE BASE FLOOD” BY DELETING THE TERM “OF TEMPERATURE CONTROLLED AREAS” CONTAINED IN THE FIRST SENTENCES OF SUBSECTIONS (a), (b), AND (c) OF SECTION 34-60 THEREOF, BY DELETING THE LAST SENTENCE OF SUBSECTION (a) OF SECTION 34-60 THEREOF, AND BY ADDING TO SUBPARAGRAPH (1) OF SECTION 34-62 THEREOF, IMMEDIATELY PRIOR TO THE TERM “HYDROLOGIC AND HYDRAULIC ANALYSES,” THE TERM “NO-RISE CERTIFICATE USING;” PROVIDING THAT A PURPOSE OF THE CITY’S FLOOD DAMAGE PREVENTION REGULATIONS IS TO PRESERVE FLOODPLAIN STORAGE THROUGH MITIGATION; PROVIDING DESCRIPTION AND ENUMERATION OF THE TYPE OF ACTIVITY WHICH REQUIRES ISSUANCE OF A DEVELOPMENT PERMIT; PROVIDING FOR THE DEVELOPMENT OF MITIGATION PLANS; PROVIDING THAT NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS SHALL HAVE THE LOWEST FLOOR ELEVATED TO NOT LESS THAN TWENTY FOUR INCHES (24″) ABOVE THE BASE FLOOD LEVEL; PROVIDING FOR THE PREPARATION OF “NO-RISE CERTIFICATES EVIDENCING IMPACTS ON FLOODWAYS; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH.
A. It shall be unlawful to fail to get a development permit for all development-related activity in the floodplain.
B. Penalty not to exceed $2,000.
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. 2003-08 ADOPTED BY THE CITY COUNCIL AT THE REGULAR MEETING HELD 07/07/2003, AS THE SAME APPEARS IN THE RECORD IN THE OFFICE.
MELINDA WELSH
CITY SECRETARY
FRIENDSWOOD, TEXAS
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ORDINANCE NO. 2020-03
AN ORDINANCE AMENDING APPENDIX B, “SUBDIVISION ORDINANCE,” “SECTION III.K.3 – SIDEWALKS” TO ADD EXCEPTIONS TO SIDEWALK REQUIREMENTS FOR EXISTING RESIDENTIAL SUBDIVISIONS; 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 the requirements relating to the installation of sidewalks.
B. Penalty not to exceed $2,000.
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. 2020-03 ADOPTED BY THE CITY COUNCIL AT THE REGULAR MEETING HELD 02/03/2020, AS THE SAME APPEARS IN THE RECORD IN THE OFFICE.
MELINDA WELSH
CITY SECRETARY
FRIENDSWOOD, TEXAS
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ORDINANCE NO. 2000-01
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, SETTING FORTH REGULATIONS FOR SUBDIVISION DEVELOPMENT, OUTLINING PROCEDURES FOR SUBMISSION OF PLATS; CONTAINING REQUIREMENTS AND MINIMUM DESIGN STANDARDS; DESCRIBING REQUIRED IMPROVEMENTS; PROVIDING FOR THE DEDICATION OF PARKLAND AND RELATED MATTERS; PROVIDING FOR THE CHARGES OF FEES BY THE CITY FOR CERTAIN PROCEDURAL STEPS; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2000.00 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND REPEALING ORDINANCE NO. 85-19, AS AMENDED, ORDINANCE NO. 99-15, AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH.
A. It shall be unlawful to fail to comply with preliminary and final plat approval requirements and procedures for submission of plats.
B. It shall be unlawful to fail to comply with the general requirements and design criteria, parkland dedication requirements, sidewalk installation fund requirements and subdivision ordinance requirements of the City.
C. Penalty not to exceed $2,000.
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. 2000-01 ADOPTED BY THE CITY COUNCIL AT THE REGULAR MEETING HELD 01/17/2000, AS THE SAME APPEARS IN THE RECORD IN THE OFFICE.
MELINDA WELSH
CITY SECRETARY
FRIENDSWOOD, TEXAS
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ORDINANCE NO. 2005-01
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS BY ADDING A NEW ARTICLE V TO CHAPTER 78, UTILITIES, THEREOF ESTABLISHING DEFINITIONS, REQUIREMENTS FOR ILLICIT DISCHARGES AND CONNECTIONS TO THE CITY’S STORM WATER DRAINAGE SYSTEM, REGULATIONS REGARDING EROSION AND SEDIMENT CONTROL DURING LAND-DISTURBING ACTIVITIES, AND PROVISIONS FOR MANAGING AND REGULATING POST-CONSTRUCTION STORM WATER RUNOFF; PROVIDING FOR ENFORCEMENT OF VIOLATIONS OF ANY OF THE FOREGOING; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000.00 FOR EACH VIOLATION HEREOF; AND PROVIDING FOR SEVERABILITY.
A. It shall be unlawful for any person to discharge or cause to be discharged into the municipal storm water system or watercourses any materials containing any pollutants that cause or contribute to a violation of water quality standards other than storm water.
B. It shall be unlawful to construct, use, maintain or continue the existence of illicit connections to the City’s storm drain system.
C. It shall be unlawful to conduct any land-disturbing activity without a permit from the City Manager or his designee.
D. It shall be unlawful to violate any provisions of the Storm water drainage system regulations.
E. Penalty not to exceed $2,000.
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. 2005-01 ADOPTED BY THE CITY COUNCIL AT THE REGULAR MEETING HELD 01/17/05, AS THE SAME APPEARS IN THE RECORD IN THE OFFICE.
MELINDA WELSH
CITY SECRETARY
FRIENDSWOOD, TEXAS
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ORDINANCE NO. 2020-04
AN ORDINANCE AMENDING APPENDIX C “ZONING ORDINANCE,” “SECTIONS 7. SCHEDULE OF DISTRICT REGULATIONS,” “SECTION 7.5. COMMUNITY OVERLAY DISTRICT,” AND “SECTION 8. N. DOWNTOWN DISTRICT SUPPLEMENTAL REQUIREMENTS” TO CHANGE BUILDING MATERIAL REQUIREMENTS PER HOUSE BILL 2439; 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 Section 7., Schedule of district regulations relating to buildings in CSC, NC, LNC, OPD, DD and BP Districts and Commercial Overlay Districts for Commercial and Residential Developments and preferred fenestration minimum.
B. Penalty not to exceed $2,000.
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. 2020-04 ADOPTED BY THE CITY COUNCIL AT THE REGULAR MEETING HELD 02/03/2020, AS THE SAME APPEARS IN THE RECORD IN THE OFFICE.
MELINDA WELSH
CITY SECRETARY
FRIENDSWOOD, TEXAS
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ORDINANCE NO. 2019-28
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 70, “STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES” BY AMENDING SECTION 70-196 “LINE LOCATION AND IDENTIFICATION”; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE.
A. It shall be unlawful for a person to fail to comply with the line location and identification requirements for all utilities and other facilities in the public right-of-way prior to any excavation.
B. It shall be unlawful for person to place permanent utility locate markers on paved surfaces within the public right-of-way, to fail to use temporary color-coded surface markers, color coded vertical markers or to fail to remove all surface marks and vertical markers during the cleanup process.
C. Criminal Penalty not to exceed $2,000, Civil Penalty up to $1,000 each violation and/or revocation of permit.
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. 2019-28 ADOPTED BY THE CITY COUNCIL AT THE REGULAR MEETING HELD 08/05/2019, AS THE SAME APPEARS IN THE RECORD IN THE OFFICE.
MELINDA WELSH
CITY SECRETARY
FRIENDSWOOD, TEXAS
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ORDINANCE NO. T2020-08
AN ORDINANCE GRANTING TO CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, INSTALL, EXTEND, REMOVE, REPLACE, ABANDON, OPERATE AND MAINTAIN ITS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF FRIENDSWOOD, TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE AND DISTRIBUTION OF NATURAL GAS; PROVIDING FOR A TERM OF 30 YEARS; CONTAINING OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City Council of the City of Friendswood, Texas, finds it is in the best interest of the City of Friendswood (the ”City”) to enter into a new franchise agreement with CenterPoint Energy Resources Corp., dba CenterPoint Energy Texas Gas Operations (“Company”) Company to furnish and supply natural gas to the general public in the City of Friendswood;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS:
Section 1. Grant of Authority. Subject to the terms, conditions and provisions of this ordinance, the right, privilege and franchise is hereby granted to CenterPoint Energy Resources Corp., dba CenterPoint Energy Texas Gas Operations, hereinafter called “Company”, to construct, install, extend, remove, replace, abandon, operate and maintain its facilities within the Public Rights-of-Way of the City of Friendswood, Texas, for the transportation, delivery, sale and distribution of natural gas within the corporate limits of the City of Friendswood, as the same are now and as the same may from time to time be extended. The right, privilege and franchise granted hereunder is granted subject to the existing City of Friendswood Charter and Ordinances.
Section 2. Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. “City” shall mean the City of Friendswood, Texas, a home-rule municipal corporation.
B. “Company” shall mean CenterPoint Energy Resources Corp., dba CenterPoint Energy Texas Gas Operations, a Delaware Corporation, and shall not mean any of its affiliates and subsidiaries who shall have no right, privilege or franchise granted hereunder.
C. “’Facilities” shall mean pipes, pipelines, natural gas mains, laterals, feeders, regulators, meters, fixtures, connections and attachments and other instrumentalities and appurtenances, used in or incident to providing transportation, distribution, supply and sales of natural gas for heating, lighting, power and any other purposes for which natural gas may now or hereafter be used.
D. “Public Rights-of-Way” shall mean the areas in, under, upon, over, across, and along any and all of the present and future Streets or streams now or hereafter owned or controlled by City.
E. “Street” shall mean the surface and the space above and below any public street, road, highway, alley, bridge, sidewalk, or other public place or way.
Section 3. Term of Franchise. 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, unless terminated in accordance with the terms hereof.
Section 4. Construction and Maintenance of Natural Gas Distribution System. All Facilities installed by Company shall be of sound material and good quality, and shall be laid so that they will not interfere with the artificial drainage of the City or its underground fixtures, or with navigation in or the natural drainage of any stream. All Facilities shall be installed in accordance with Section 23 and applicable federal and state regulations and, in the absence of such regulations, in accordance with accepted industry practice. Within the Public Rights-of Way, the location and route of the Facilities by the Company shall be subject to the reasonable and proper regulation, direction and control of the City or the City official to whom such duties have been delegated. Such regulation shall include, but not be limited to, the right to require in writing to the extent provided in Section 14 the relocation of Company’s Facilities at Company’s cost within the Public Rights-of-Way whenever such relocation shall be reasonably necessary to accommodate public works improvement projects within the Public Rights-of-Way that are being made by or for the benefit of the City, provided such benefit is evidenced by an executed agreement by the City and the entity responsible for the project. Upon request of the City, the Company shall make available at no cost to the City during working hours, maps showing the location of Company’s Facilities within the corporate limits of the City.
Section 5. Streets to be Restored to Good Condition. The Company and its contractors shall give the City reasonable notice of the dates, location and nature of all work to be performed on its Facilities within the Public Rights-of-Way. Following completion of work in the Public Rights-of-Way, Company shall repair the affected Public Rights-of-Way as soon as possible, but in all cases, Company shall comply with all City ordinances governing time periods and standards relating to excavating in the Public Rights-of-Way. No street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work.
Section 6. Permits. Company and its contractors shall obtain a permit in accordance with Friendswood City Code Section 26-292, Permits, as it currently exists or as hereinafter amended. Company expressly agrees that the City may rely on the information Company provides regarding its own Facilities in its permit application and Company shall hold the City harmless and indemnify the City in accordance with Section 13 of this Agreement. All work shall be preceded by an 811 call and be subject to the Texas One-Call Statute (Texas Utilities Code, Chapter 251, and any successor statutes). Company shall give the City telephone notice of the initiation of emergency repairs involving breaks in the paved surface of the Public Rights-of Way, including sidewalks and curbs, as soon as practicable under the circumstances and shall submit a permit promptly following completion of the work. Company and contractors performing work for the Company shall not be required to obtain any permits for relocations of Facilities requested by the City, provided that the relocated Facilities are placed in the location designated by the City and relocation is otherwise in accordance with the City’s request to relocate. This Franchise shall constitute a permit to park vehicles in the Streets and other Public Rights-of-Way when necessary for the installation, replacement, abandonment, operation or maintenance of Company’s Facilities; provided that such parking does not impair or impede traffic and Company pays for all damages to the Public Rights-of-Way. Company and contractors performing work for Company shall not be required to pay any fee in addition to the franchise fee in order to obtain a permit to perform work on Company’s Facilities, or park within the Streets and other Public Rights-of-Way.
Section 7. Quality of Service. The service furnished hereunder to the City and its inhabitants shall be in accordance with the quality of service rules of the Railroad Commission of Texas, state and federal regulations. Company shall furnish the grade of service to its customers as provided by its rate schedules and shall maintain its system in reasonable operating condition during the continuance of this Franchise. An exception to this requirement is automatically in effect, but only for so long as is necessary, when caused by a shortage in materials, supplies and equipment beyond the control of the Company as a result of fires, strikes, riots, storms, floods and other casualties, governmental regulations, limitations and restrictions as to the use and availability of materials, supplies and equipment and as to the use of the services, and unforeseeable and unusual demands for service. In any of such events, the Company shall do all things reasonably within its power to restore normal service as quickly as practicable.
Section 8. Payment to the City. In consideration of the rights and privileges herein granted, the administration of the Franchise by the City, the temporary interference with the use of Public Rights-of-Way and cost and obligations undertaken by the City in relation thereto and in lieu of any license, charge, fee, Street or alley rental or other character of charge for use and occupancy of the Streets, alleys, and public places of the City, and in lieu of any inspection fee, the Company agrees to pay to the City franchise fees in the amount and manner described herein.
Company agrees to pay to the City quarterly during the continuance of this Franchise a sum of money equal to four (4%) of the Company’s gross receipts for the preceding calendar quarter received by the Company from the sale of gas within the corporate limits of the City plus seven cents (7¢) per Mcf for natural gas transported by Company for its Transport Customers during such quarter. “Transport Customer” means any person or entity for whom Company transports gas through the distribution system of Company within the corporate limits of City for consumption within the corporate limits of City. The franchise fees hereunder shall be calculated for the calendar quarters ending March 31, June 30, September 30, and December 31 and shall be payable on or before the fifteenth day of May, August, November, and February following the quarter for which payment is made, beginning with the first such date following the Effective Date of this Franchise and each August 15th, November 15th, February 15th, and May 15th thereafter; provided, however, the first such payment shall be prorated as necessary to reflect only those gross receipts received and transportation volumes delivered by Company after the Effective Date of this Franchise. In no event shall the Company be required to remit to the City franchise fee amounts that for any reason whatsoever are not fully recoverable from its customers. Upon receipt of the above amount of money, the City shall deliver to the Company a receipt for such amount. If any payment due date required herein falls on a weekend or bank holiday, payment shall be made on or before the close of business of the first working day after the payment due date.
Section 9. Annexations by City. This Franchise shall extend to and include any and all territory that is annexed by the City during the term of this Franchise. Within sixty (60) days from the receipt of notice from the City of any such annexation, the Company shall assure that any and all customers within such annexed territory are included and shown on its accounting system as being within the corporate limits of the City of Friendswood. After such sixty (60) day period, the payment provisions specified in Section 8 of this Franchise shall apply to gross receipts and transport fees received by the Company from customers located within such annexed territory. Company shall true-up its map of City boundaries to the City’s map on an annual basis.
Section 10. Non-Exclusive Franchise. Nothing contained in this Franchise shall ever be construed as conferring upon the Company any exclusive or privileges of any nature whatsoever.
Section 11. Compliance and Remedies.
A. In the event the Company by act or omission violates any material term, condition or provision of this Franchise, the City shall notify the Company in writing of such violation. Should the Company fail or refuse to correct any such violation within thirty (30) days from the date of City’s notice, the City shall, upon written notification to the Company, have the right to terminate this agreement. Any such termination and cancellation shall be by ordinance adopted by City Council; provided, however, before any such ordinance is adopted, the Company must be given at least sixty (60) days’ advance written notice. Such notice shall set forth the causes and reasons for the proposed termination and cancellation, shall advise the Company that it will be provided an opportunity to be heard by City Council regarding such proposed action before any such action is taken and shall set forth the time, date and place of the hearing.
B. Other than its failure, refusal or inability to pay its debts and obligations, including, specifically, the payments to the City required by this Franchise, the Company shall not be declared in default or be subject to any sanction under any provision of this Franchise in those cases in which performance of such provision is prevented by reasons beyond its control.
C. The rights and remedies of City and Company set forth herein shall be in addition to, and not in limitation of, any other rights and remedies provided at law or in equity; and City’s exercise of any particular remedy shall not constitute a waiver of its rights to exercise any other remedy.
Section 12. Reserve of Powers. The City by the granting of this Franchise 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 and under the Charter and Ordinances of the City of Friendswood or other applicable law, to regulate public utilities within the City, to regulate rates of public utilities within the City, and to regulate the use of the Public Rights-of-Way by the Company; and the Company, by its acceptance of this Franchise, agrees that all lawful powers and rights, whether regulatory or otherwise, as are or as may be from time to time vested in or reserved to the City, shall be in full force and effect and subject to the exercise thereof by the City at any time and from time to time.
Section 13. INDEMNITY. THE COMPANY, ITS SUCCESSORS AND ASSIGNS, SHALL PROTECT AND HOLD THE CITY AND ITS OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS “THE CITY”) HARMLESS AGAINST ANY AND ALL CLAIMS OR DEMANDS FOR DAMAGES TO ANY PERSON OR PROPERTY BY REASON OF THE CONSTRUCTION AND MAINTENANCE OF THE COMPANY’S NATURAL GAS DISTRIBUTION SYSTEM, OR IN ANY WAY GROWING OUT OF THE RIGHTS GRANTED BY THIS FRANCHISE, EITHER DIRECTLY OR INDIRECTLY, OR BY REASON OF ANY ACT, NEGLIGENCE OR NONFEASANCE OF THE COMPANY OR THE CONTRACTORS, AGENTS OR EMPLOYEES OF THE COMPANY OR ITS SUCCESSORS AND ASSIGNS, AND SHALL REFUND TO THE CITY ALL SUMS WHICH THE CITY MAY BE ADJUDGED TO PAY ON ANY SUCH CLAIM, OR WHICH MAY ARISE OR GROW OUT OF THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREBY GRANTED OR BY THE ABUSE THEREOF, AND THE COMPANY OR ITS SUCCESSORS AND ASSIGNS SHALL INDEMNIFY, DEFEND, AND HOLD THE CITY HARMLESS FROM AND ON ACCOUNT OF ALL DAMAGES, COSTS, EXPENSES, ACTIONS, AND CAUSES OF ACTION THAT MAY ACCRUE TO OR BE BROUGHT BY, A PERSON, PERSONS, COMPANY OR COMPANIES AT ANY TIME HEREAFTER BY REASON OF THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREBY GRANTED, OR OF THE ABUSE THEREOF.
Section 14. Relocation of Facilities. The Company shall, upon written request of the City, relocate its Facilities within Public Rights-of-Way at Company’s own expense, exclusive of Facilities installed for service directly to City, to accommodate public works or improvement projects that are being made by or for the benefit of the City, provided such benefit is evidenced by an executed agreement by the City and the entity responsible for the project. Public works or improvement projects may include, but are not limited to, street widening, changes of grade, water, sewer, or drainage upgrades, construction or reconstruction projects and relocation of traffic lanes. City shall bear the costs of all relocations of Facilities requested by the City for reasons other than the aforementioned public works improvement projects.
Section 15. Governmental Function. All of the regulations and activities required by this Franchise are hereby declared to be governmental and for the health, safety and welfare of the general public.
Section 16. Records and Reports.
(a). Books of Account. The Company shall keep complete and accurate books of accounts and records of its business and operations under and in connection with this Franchise. All such books of accounts and records shall be kept at the Company’s principal office in Houston, Texas.
(b). Access by City. The City may conduct an audit or other inquiry or may pursue a cause of action in relation to the payment of the franchise fee only if such audit, inquiry, or pursuit of a cause of action concerns a payment made less than three (3) years before the commencement of such audit, inquiry, or pursuit of a cause of action. Each party shall bear its own costs of any such audit or inquiry. Upon receipt of a written request from the City, all books and records related to Company’s operations under this Franchise shall be made available for inspection and copying no later than thirty (30) days from receipt of such request.
(c). Interest on Underpayments and Overpayments.
1. Amounts due to City for late payments shall include interest, compounded daily equal to the return on equity plus three percent (3%) granted to the Company in its most recent proceeding fixing rates applicable to customers within the corporate limits of the City.
2. If the City identifies, as a result of a franchise fee compliance review, amounts owed by the Company from prior periods or prior underpayments, then the Company shall pay simple interest on such amounts equal to the return on equity granted to the Company in its most recent proceeding fixing rates applicable to customers within the corporate limits of the City. Said interest shall be payable on such sums from the date the initial payment was due until it is paid and shall not be billed to customers.
3. Amounts due Company for past overpayments shall include simple interest equal to the return on equity granted to the Company in its most recent proceeding fixing rates applicable to customers within the corporate limits of the City; provided, however, if there is a change in the approved return on equity during the time period subject to the City’s audit or inquiry, then for each time period during which there was an overpayment, the approved return on equity in effect during such time period shall be used in calculating interest under this subparagraph (c). Interest payable on such sums shall be credited to customers.
Section 17. Easement. In consideration for the compensation set forth in Section 8, City agrees that if City sells, conveys, or surrenders possession of any portion of the Public Right-of-Way that is being used by Company pursuant to this Franchise, City, to the maximum extent of its right to do so, shall first grant Company an easement for such use and the sale, conveyance, or surrender of possession of the Public Right-of-Way shall be subject to the right and continued use of Company.
Section 18. Acceptance. The Company shall, within thirty (30) days following the final passage and approval of this Franchise, file with the City Secretary of the City of Friendswood, a written statement signed in its name and behalf in the following form:
“To the Honorable Mayor: and City Council of the City of Friendswood:
CenterPoint Energy Resources Corp., dba CenterPoint Energy Texas Gas Operations, its successors and assigns hereby accepts the attached Franchise Ordinance and agrees to be bound by all of its terms and provisions.”
CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS
/s/ Tal R. Centers Jr., Division Vice President,
Regional Operations
Dated this day of 2020.
Section 19. Severability. If any provision, section, subsection, sentence, clause or phrase of this Franchise is for any reason held to be unconstitutional, void, or invalid or for any reason unenforceable, the validity of the remaining portions of this Franchise shall not be affected thereby, it being the intent the City of Friendswood in adopting this Franchise that no portion hereof or provision hereof shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation and, to this end, all provisions of this ordinance are declared to be severable.
Section 20. Notices. Every notice, order, petition, document, or other direction or communication to be served upon the City or the Company shall be deemed sufficiently given if sent by registered or certified mail, return receipt requested. Every such communication to the Company shall be sent to:
CenterPoint Energy Resources Corp.
Vice President Regulatory Relations
P. O. Box 4567
Houston, TX 77210-4567
With a copy to:
General Counsel, Gas Division
P. O. Box 2628
Houston, TX 77252-2628
Every such communication to the City or the City Council shall be sent to the:
City of Friendswood,
Attn: City Manager
910 South Friendswood Drive
Friendswood, TX 77546
With a Copy to: City of Friendswood
Attn: City Attorney
910 South Friendswood Drive
Friendswood, TX 77546
Section 21. Publication, Passage and Effective Date. Pursuant to the Home Rule Charter of the City of Friendswood, Texas, Sec. 9.03, this Ordinance shall be read at two (2) regular meetings of the City Council. Within seven (7) days following the first reading of this Ordinance, the full text of this Ordinance shall be published one (1) time in the official newspaper of the City, and the expense of such publication shall be borne by the prospective Company. This Ordinance shall take effect and be in force from and after the first day of the month following thirty days after receipt of Company’s acceptance filed pursuant to Section 18 (“Effective Date”).
Section 22. Repeal of Previous Ordinances. On and after the Effective Date, this Franchise replaces all Previous Franchise agreements with the Company, which Previous Franchise Agreement shall be hereby repealed as of the Effective Date of this Franchise.
Section 23. Compliance with Charter and Ordinances. This Franchise, the rights granted hereby and the operations and activities performed by Company pursuant hereto shall be subject to applicable provisions of the Charter of the City of Friendswood, Texas. The Franchise and rights granted hereby and the operations and activities performed by Company pursuant hereto shall be subject to all valid ordinances and regulations of the City insofar as such ordinances and regulation (a) do not shorten the term hereof or terminate, abrogate, or materially and adversely affect the Franchise and right granted to Company hereby, (b) do not conflict with or are not inconsistent with the terms and provisions contained in this ordinance, with or are not inconsistent with the terms and provisions contained in this Ordinance, (c) prevent or interfere with Company’s Federal and State regulatory obligations or (d) do not unreasonably regulate the Company’s operations and activities in the City Right-of-Way. If Company believes a future Ordinance unreasonably regulates its operations and activities in the City Right-of-Way, City and Company shall meet and reach a mutually agreeable solution prior to its application to the Company. All such conflicting or inconsistent ordinances are hereby repealed to the extent of such conflict or inconsistency.
Section 24. 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 a quorum was present throughout.
PASSED AND APPROVED on the first reading the 3rd day of February, 2020.
PASSED AND APPROVED on the second reading the day of , 2020.
Mike Foreman
Mayor
ATTEST:
Melinda Welsh, TRMC
City Secretary
Ord No. 2020-08
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