MEMORANDUM TO: Mayor and City Council FROM: Jack Thompson, City Manager DATE: May 8, 2025 SUBJECT: City Council Meeting Attached is your information packet for the Monday, May 12, 2025, City Council Meeting. If you have any questions about a particular item, please contact me. Co! NOTICE OF REGULAR MEETING La OF THE CITY COUNCIL OF THE CITY OF LA GRANGE, TEXAS Grange In accordance with the provisions of the Texas Open Meetings Act, Chapter 551, Texas Government Code notice is hereby given that a Regular Meeting of the governing body of the City of La Grange, Texas, will be held on the 12th day of May. 2025 at 6:00 P.M. in the City Hall Council Chambers at 155 E. Colorado St., La Grange, Texas. I. CALL TO ORDER/ROLL CALL II. PLEDGE OF ALLEGIANCE "Ipledge allegiance to the flag ofthe United. States ofAmerica and to the Republic for which it stands, one nation, under God, indivisible, with Liberty and. Justice for all. 3 "Honor the Texas flag; Ipledge allegiance to thee, Texas, one state, under God, one and indivisible. 1 III. INVOCATION IV. PRESENTATIONS/PROCLAMATIONS V. PUBLIC HEARINGS SUBJECTS TO BE CONSIDERED FOR DISCUSSION AND/OR ADOPTION, APPROVAL, AMENDMENT, RATIFICATION OR OTHER ACTION AT SUCH MEETING INCLUDE: VI. CONSENT AGENDA (The Consent Agenda includes non-controversial and routine items that the Council may act on with one single vote. The Mayor or a Councilmember may pull any item from the Consent Agenda in order that the Council discuss and act upon it individually as part ofthe Regular agenda.) 1. Discuss and/or Consider approval of April 28, 2025 minutes. Pg.1 VII. REGULAR AGENDA 1. Administer Oath of Office for newly elected Council Members. Pg.5 2. Discuss and/or Consider selection of Mayor Pro-tem. Pg.10 3. Discuss and/or Consider a General Joint Use Agreement for the joint use of municipally owned utility poles with Cable One/Sparklight Pg.11 4. Discuss and/or Consider a General Joint Use Agreement for the joint use of municipally owned utility poles with Fayette Electric Cooperative. Pg.23 5. Discuss and/or Consider a General Joint Use Agreement for the joint use of municipally owned utility poles with Fayette County. Pg.35 6. Discuss and/or Consider Preliminary Subdivide Request from Margaret Rosenberg property located at 1105 E 71 Bypass. Pg.47 7. Discuss and/or Consider amending the fee schedule, Appendix C, to include Residential / Commercial Inspection / Plan Review Fees and Fire Code Inspection / Plan Review Fees. Pg.51 VIII. CITY COUNCIL COMMITTEE/BOARDS/ADVISORY REPORTS 1. Airport Board 2. La Grange Economic Development Corporation 3. Library Board 4. Main Street Board 5. Tax Appraisal Board IX. STAFF UPDATES Review of Current issues and projects Utility Usage Reports Pg. 53 La Grange Police Department Monthly Report - April 2025 Pg.55 La Grange Community Development & Tourism- April 2025 Visitors Bureau Report Pg.56 Library Report Museum/Archives Director's Report for April 2025 Pg.57 Fayette Public Library - Calendar of Events for May Pg.58 Randolph Rec Center/VFW Hall/Baseball, Softball, Soccer Fields Activity Report - April 2025 Pg. 59 Monthly Building Report(s) - April 2025 Pg. 61 IX. CITIZEN PARTICIPATION: (Registration forms are available on table as you enter the City Council Chambers. This form should be completed and delivered to the City Secretary prior to 6:00 p.m. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager.) XI. ITEMS OF COMMUNITY INTEREST Items of community interest include expressions of thanks, congratulations, or condolence; information regarding holiday schedules; honorary recognitions of city officials, employees, or citizens; reminders about upcoming events sponsored by the City or other entity that is scheduled to be attended by a city official or employee; and amnouncements involving imminent threats to the public health and safety. XII. EXECUTIVE SESSION The Council will meet in closed Executive Session as authorized by the listed section(s) of The Open Meetings Act, Section 551, Texas Government Code, to discuss the following matters. The Council may take final action on any ofthe before mentioned matters while convened in open session pursuant to Chapter 551 of the Texas Government Code; it may also take certain action in executive session on competitive electric matters pursuant to Section 551.086. The Council may also meet in closed Executive Session, pursuant to Section 551.071, to receive advice from legal counsel (consultation with attorney) on any items listed in this notice. XIII. ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact, Janet Bayer at 979/968-5805 at least two (2) work days prior to the meeting SO that appropriate arrangements can be made. More information on the above listed matters is available from the City ofLa Grange - Office of the City Manager at 979/968-5805. Posted at 9:30 A.M. on this the gth day of May, 2025. AheX baypr Janet Bayer, City Secrétary CEo 9 La Grange City Council La Grange DEPARTMENT MEMO Staff Meeting Date: May 12, 2025 Contact: Janet Bayer, City Secretary Agenda Item: Consent Agenda #1 E-mail: sinsertan@civel.cm Phone: 979-968-5805 SUBJECT: Discuss and/or Consider approval of April 28, 2025 minutes SUMMARY Consider approval of April 28, 2025 minutes as presented. PRIOR ACTION/INPUT (Council, Boards. Committees) N/A RECOMMENDATION Staff recommends approval of the minutes as presented; council consideration is respectfully requested. FINANCIALI IMPACT None ATTACHMENTS Draft Minutes -1- DRAFT REGULAR COUNCIL MEETING = April 28, 2025 The City Council of the City ofLa Grange met in Regular Session on Monday, April 28, 2025, in the City Hall Council Chambers at 155 E. Colorado Street with the following members present: Mayor Jan Dockery, Mayor Pro tem Kathy Weishuhn, Councilmember Bonnie Busch, Councilmember Katie Gross, Councilmember Bryan Kerr, and Councilmember Violet Zbranek. Councilmember Chris Jernigan, Councilmember Kim Newton, and Councilmember Ken Taylor were absent. Staff present: City Manager Jack Thompson, City Attorney Marie Angela Flores Beck, Finance Director Brett Wolff, City Secretary Janet Bayer, and Chief of Police David Gilbreath. Visitors: Billy Beth Baker, Lisa Musick, Caleb Parks, Heather Barthelme, Susannah Mikulin, Chris Cooper, Karissa, Grady, and Zach Kocian, Slade Jecmenek, Tina Jecmenek, Jazlyn Torres, Sherri, Hector, and Mitchell Cervantez, John Pineda, Callie, Sara, Clint and Kacie Nichols, Melanie and Monica Janacek, Trey Dalton, Teresa von Rosenberg, Audrey Haynie, and many others. Mayor Jan Dockery called the meeting to order. Next were pledges to the US and Texas Councilmember Flags. Bryan Kerr gave the invocation. PRESENTATIONSPROCLAMATIONS Mayor Dockery issued a Proclamation to the La Grange Leopards High School Band in recognition of their invitation to perform at Carnegie Hall in New York on March 10th, 2025. The LGHS Band was one of six band ensembles invited to perform at Carnegie Hall, and they received a Gold Award, the highest honor. The students, faculty, parents, and community should be filled with pride for such an honored invitation and such a prestigious award. PUBLIC HEARINGS None. CONSENT AGENDA The first item under consent agenda was to discuss and/or consider approval of April 14, 2025, minutes. Motion Mayor Pro tem Weishuhn, Second Councilmember Gross to approve April 14, 2025, minutes as presented. Motion carried 5-0. The second item was to discuss and/or consider appointing Deborah Bradley to the Main Street Advisory Board. Motion Mayor Pro tem Weishuhn, Second Councilmember Zbranek to approve the appointment of Deborah Bradley to the Main Street Advisory Council. Motion carried 5-0. The third item was to discuss and/or consider appointing Fernando Gutierrez to the Main Street Advisory Board. Motion Mayor Pro tem Weishuhn, Second Councilmember Gross to approve the appointment of Fernando Gutierrez to the Main Street Advisory Council. Motion carried 5-0. REGULAR AGENDA The first item under the regular agenda was to discuss and/or consider proposed street closures for Movie Nights on the Square in May and June. Motion Councilmember Gross, Second Mayor Pro tem Weishuhn to approve the proposed street closures for Movie Nights on the Square in May and June 2025. Motion carried 5-0. TOURISM COMMITTEE REPORT 2-. DRAFT The second item was to discuss and/or consider allocation of Tourism Funds as recommended by the Tourism Grant Committee. The Tourism Grant Committee reviewed and considered ten (10) requests for funding under the Tourism Grant Program. The following applicants were recommended for funding Fayette County Fair Association $10,000 for marketing expenses, Juneteenth on the Square $2,650 for marketing/promotion of the arts, Texas Czech Heritage and Cultural Center $5,000 for marketing "May Fest", Friends ofKreische Brewery and Monument Hill $6,400 for advertising Bluff Schuetzenfest, Texas Quilt Museum $8,200 for marketing/promotion oft the arts, Bugle Boy Foundation $10,000 for promotion of the arts, Fayette County Sheriff's Posse Rodeo $10,000 for advertising the 2025 rodeo, Faison Preservation Society $2,940 for marketing 2 interpretive programs, Texas Heroes Museum $1,600 for advertising, and Colorado Valley Quilt Guild $4,000 for advertising the 2026 quilt show. A Motion was made by Mayor Pro tem Weishuhn, Second Councilmember Busch to approve funding ten (10) applicants a total of $60,790 under the Tourism Grant Program for the March 31st application deadline. Motion carried 5-0. The third item was to discuss and/or consider the establishment ofthe La Grange Arts & Culture Fund with an initial contribution of $50,000.00 to the Fund from the City's Hotel Motel Tax Fund to be governed by the La Grange Arts Council in conjunction with the Greater Fayette Community Foundation Board ofDirectors. At the March 24, 2025, City Council meeting, the City Council received a proposal to establish the La Grange Arts Council and create the La Grange Arts & Culture Fund in partnership with the Greater Fayette Community Foundation (GFCF). At that time, the City Council deferred action and directed the Tourism Grant Committee to review the agreement and make a recommendation. The Tourism Grant Committee met on April 21, 2025, to consider the request. After discussion, the Committee voted to recommend that the City Council approve the formation of the La Grange Arts Council and allocate $50,000 from the city's Hotel Occupancy Tax (HOT) revenues to initiate the program. Motion Mayor Pro tem Weishuhn, Second Councilmember Gross to approve the establishment oft the La Arts & Culture Fund with an initial contribution of $50,000.00 to the Fund from the City's Hotel Grange Motel Tax Fund to be governed by the La Grange Arts Council in conjunction with the Greater Fayette Community Foundation' S Board ofDirectors. Motion carried 4-1 with Councilmember Zbranek opposing. The fourth item was to discuss and/or consider authorizing the mayor to execute an agreement with Greater Fayette Community Foundation establishing the La Grange Arts & Culture Fund. Motion Mayor Pro tem Weishuhn, Second Councilmember Kerr to authorize the mayor to execute an agreement with Greater Fayette Community Foundation establishing the La Grange Arts & Culture Fund. Motion carried 4-1 with Councilmember Zbranek opposing. The fifthi item was to discuss and/or consider an annual contribution to the La Grange Economic Development Corporation Community Theatre project from Hotel/Motel tax revenue over a five-year period, beginning October 1, 2025. LGEDC has approved an agreement with the Fayette County Community Theatre (FCCT) to support the establishment of a permanent home for the organization in downtown La Grange. As part of the Economic Development Performance Agreement, the LGEDC will purchase the former Prause's! Meat Market building located at 253 W. Travis Street and contribute funding toward building improvements to accommodate a performance venue. FCCT will be responsible for converting the space into a functioning theatre and for hosting regular events and performances. To support the project, LGEDC has requested assistance from the Hotel Occupancy Tax (HOT) fund. The Tourism Grant Committee reviewed the request on April 21, 2025, and voted to reimburse the EDC eligible improvement expenses: $50,000 per year for years 1 through 4 and $37,500 in year 5. Motion -3-- DRAFT Mayor Pro tem Weishuhn, Second Councilmember Kerr to approve an annual contribution to the La Grange Economic Development Corporation Community Theatre project from Hotel/Motel tax revenue over a five-year period, beginning October 1, 2025. Motion carried 4-1 with Councilmember Zbranek opposing. City Council Cmmite-BalwAdrien, Reports None. StaffUpdates Chief ofPolice David Gilbreath stated Document Shred Day held on April 19th was a success with 4,000 pounds of documents being securely shredded. The annual MS150 bike ride held over the weekend, April 26th, went well with nearly 6,500 cyclists going through La Grange. Citizen Participation Under Citizen Participation, Teresa von Rosenberg spoke. Items of Community Interest The Fayette County Community Theatre has their play, a comedy, this weekend (May at the 2nd-May 4") Sanford Schmid Amphitheater at the fairgrounds. At 6:32 PM as pursuant to Section (551.074) Personnel Matters, City Manager Performance evaluation, the La Grange City Council went into Closed Executive Session. At 7:41 PM, the City Council went into open Session. At 7:42 PM a Motion was made by Mayor Pro tem Weishuhn, with a Second by Councilmember Gross that the meeting be adjourned. Motion carried 5-0. Janet Bayer, City Secretary These Minutes Approved by City Council on: Jan Dockery, Mayor -4-3- La Grange City Council DEPARTMENT MIEMO Ta Grange Staff Meeting Date: May 12, 2025 Contact: Janet Bayer, City Secretary Agenda Item: Regular Agenda # 1 E-mail: dibssrtinkipolr.com Phone: 979-968-5805 SUBJECT: Administer Oath ofOffice to newly elected City Councilmembers SUMMARY Ihave followed the Texas Secretary of State Election Calendar, and the Period for official canvass - ofMay 6th May 14th. The candidates have each executed and signed the required Form 2201 Statement of Officer, commonly referred to as the "Anti-Bribery Statement, 99 prior to taking the Oath of Office. PRIOR ACTION/NPUT (Council, Boards, Committees) On February 24, 2025, both the Certification ofUnopposed Candidates and the Order of Cancellation were signed by the Mayor and City Secretary with approval by the La Grange City Council to cancel the election scheduled to be held on May 3, 2025, in accordance with Section 2.053(a) of the Texas Election Code. The following candidates were certified as unopposed and declared elected: Jan Dockery Mayor Katie Gross Councilmember Ward 1 Kenneth Taylor Councilmember Ward 2 Bonnie Busch Councilmember Ward 3 Derek Smith Councilmember Ward 4 RECOMMENDATION Approve the administration of the Oath of Office to Jan Dockery, Katie Gross, Kenneth Taylor, Bonnie Busch, and Derek Smith unopposed elected City Councilmembers in the May 3, 2025, General Election. FINANCIAL IMPACT There is no financial impact ATTACHMENTS Form #23-2 Oath of Office Form #2201 Statement of Officer -5- Form 23-2 - Oath of Office (General Information) The attached form is designed to meet minimal constitutional filing requirements pursuant to the relevant provisions. This form and the information provided are not. substitutes for the advice and services of an attorney. Execution and Deliverv Instructions The Oath is considered filed once it has been received by this office. Mail: P.O. Box 12887, Austin, Texas 78711-2887. Overnight mail or hand deliveries: James Earl Rudder Officer Building, 1019 Brazos, Austin, Texas 78701. Fax: (512) 463-5569. If faxed, the original Oath should also be mailed to the appropriate address above. Email: Scanned copies of the executed Oath may be sent to egsler@sossateiu, If emailed, the original Oath should also be mailed to the appropriate address above. NOTE: Do not have the Oath ofOffice administered toj you before executing andfiling the Statement of Officer (Form 2201 - commonly referred to as the Anti-Bribery Statement' ") with the Office ofthe Secretary ofState. Commentary All state or county officers, other than the governor, lieutenant governor, and members of the legislature, who qualify for office, are commissioned by the governor. Tex. Gov't Code, Section 601.005. The Secretary of State performs ministerial duties to administer the commissions issued by the governor, including confirming that officers are qualified prior to being commissioned. Submission of this oath of office to the Office of the Secretary of State confirms an officer's s qualification sO that the commission may be issued. Pursuant to art. XVI, Section 1 of the Texas Constitution, the Oath of Office may not be taken until a Statement of Officer (see Form 2201) has been subscribed to and, as required, filed with the Office ofthe Secretary of State. Additionally, gubernatorial appointees who are appointed during a legislative session may not execute their Oath until after confirmation by the Senate. Tex. Const. art. IV, Section 12. A Statement of Officer form required to be filed with the Office ofthe Secretary of State is filed upon receipt by the Secretary of State. The Oath of Office may be administered by anyone authorized under the provisions of Chapter 602 of the Texas Government Code. Commonly used officials include notaries public and judges. Officers Required to File Oath of Office with the Secretary ofState: Gubernatorial appointees, appellate and district court judges, and district attorneys Directors of districts operating pursuant to chapter 36 or 49 ofthe Texas Water Code file a duplicate original of their Oath ofOffice within 10 days ofits execution. Tex. Water Code Ann. Sections 36.055(d); 49.055(d) Officers Not Required to File Oath ofoffice with the Secretary ofState: Members ofthe Legislature elected to a regular term of office will have their Oath of Office administered in chambers on the opening day of the session and recorded in the appropriate Journal. Members elected to an unexpired term of office should file their Oath of Office with either the Chief Clerk of the House or the Secretary of the Senate, as appropriate. All other persons should file their Oaths locally. Please check with the county clerk, city secretary or board/commission secretary for the proper filing location. Questions about this form should be directed to the Government Filings Section at (512) 463-6334 or egster@sosstaeus, Revised 9/2023 Form 23-2 1 -6- Form #23-2 Rev.S 9/2023 This space reserved for office Submit to: use SECRETARY OF STATE Government Filings Section PO Box 12887 Austin, TX 78711-2887 512-463-6334 OATH OF OFFICE Filing Fee: None IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, 3 do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws ofthe United States and of this State, SO help me God. Signature ofOfficer State of County of Sworn to and subscribed before me this day of 20 (seal) Signature of Notary Public or Other Officer Administering Oath Printed or Typed Name Form 23-2 2 -7- Form 2201 - Statement of Officer (General Information) The attached form is designed to meet minimal constitutional filing requirements pursuant to the relevant provisions. This form and the information provided are not substitutes for the advice and services ofan attorney. Execution and Deliverv Instructions A Statement of Officer required to be filed with the Office of the Secretary of State is considered filed once it has been received by this office. Mail: P.O. Box 12887, Austin, Texas 78711-2887. Overnight mail or hand deliveries: James Earl Rudder Officer Building, 1019 Brazos, Austin, Texas 78701. Fax: (512) 463-5569. Email: Scanned copies of the executed Statement may be sent to register@sos. texas.gov NOTE: The Statement ofOficer form, commonly. referred to as the "Anti-Bribery Statement, " must be executed and filed with the Office ofthe Secretary ofs State before taking the Oath ofOffice (Form 2204). Commentary Article XVI, section I of the Texas Constitution requires all elected or appointed state and local officers to take the official oath of office found in section 1(a) and to subscribe to the anti-bribery statement found in section 1(b) before entering upon the duties of their offices. Elected and appointed state-level officers required to file the anti-bribery statement with the Office oft the Secretary of State include members ofthe Legislature, the Secretary of State, and all other officers whose jurisdiction is coextensive with the boundaries ofthe state or who immediately belong to one ofthe three branches of state government. about Questions whether a particular officer is a state-level officer may be resolved by consulting relevant statutes, constitutional provisions, judicial decisions, and attorney general opinions. For more information, see Op. Tex. Att'y Gen. No. JC- 0575 (2002) (determining the meaning of"state officer" as it is used in Article XVI). Effective September 1, 2017, Senate Bill 1329, which was enacted by the 85th Legislature, Regular Session, amended chapter 602 of the Government Code to require the following. judicial officers and judicial appointees to file their oath and statement of officer with the secretary of state: Officers appointed by the supreme court, the court of criminal appeals, or the State Bar ofTexas; and Associate judges appointed under Subchapter B or C, Chapter 201, Family Code. Local officers must retain the signed anti-bribery statement with the official records oft the office. As a general rule, city and county officials do not) file their oath ofoffice with the Secretary ofState- these officials file at the local level. The Legislature amended the Texas Constitution, Article 16, Section 1, in November 2001 to no longer require local level elected officials tofile with our office. The Office of the Secretary of State does NOT file Statements or Oaths from the following persons: Assistant District Attorneys; City Officials, including City Clerks, City Council Members, Municipal Judges, Justices of the Peace, and Police/Peace Officers; Zoning/Planning Commission Members; County Officials, including County Clerks, County Commissioners, County Judges, County Tax Assessors, and District Clerks; and Officials ofR Regional Entities, such as, Appraisal Review Districts, Emergency Service Districts, and School Districts (ISD's). Questions about this form should be directed. to the Government Filings Section at (512) 463-6334 or! registeifgaslevasgor Revised 05/2020 Form 2201 1 -8- Form #2201 Rev. 05/2020 Submit to: SECRETARY OF STATE Government Filings Section PO Box 12887 Austin, TX 78711-2887 512-463-6334 512-463-5569 - Fax STATEMENT OF OFFICER Filing Fee: None Statement I, do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, sO help me God. Title of Position to Which Elected/Appointed: Execution Under penalties of perjury, I declare that II have read the foregoing statement and that the facts stated therein are true. Date: Signature ofOfficer Form 2201 2 -9- Ce 9 La Grange City Council La Grange DEPARTMENT MEMO Staff Meeting Date: May 12, 2025 Contact: Janet Bayer, City Secretary Agenda Item: Regular Agenda #2 E-mail: dhsertmnfcibpodzcowm Phone: 979-968-5805 SUBJECT: Discuss and/or Consider selection of Mayor Pro tem SUMMARY Following the General Election, the City Council shall elect from among its members ai Mayor Pro tem who shall serve at the pleasure of the City Council. In the absence or inability ofthe Mayor to perform the duties of office, the Mayor Pro tem shall perform the duties of office and in this capacity, shall be vested with all of the powers conferred on the Mayor. PRIOR ACTION/NPUT (Council, Boards, Committees) The current Mayor Pro tem for the City ofLa Grange is Kathy Weishuhn, nominated and elected June 13, 2022. RECOMMENDATION The City Council shall select a Mayor Pro tem from among its members. FINANCIAL IMPACT There is no financial impact ATTACHMENTS None -10- G6o La Grange City Council La Grange DEPARTMENT MEMO Staff Meeting Date: May 12, 2025 Contact: Jack Thompson, City Manager Agenda Item: Regular Agenda # 3 E-mail: hompsonciyols.comm Phone: 979-968-5805 SUBJECT: Discuss and/or Consider a General Joint Use Agreement for the joint use of municipally owned utility poles with Cable One/Sparklight. SUMMARY Staffi is presenting to council for consideration a renewal agreement with Cable One/Sparklight to contact our utility poles. This is the same basic agreement that we have with Colorado Valley Communications, Frontier Communications, and SCT Broadband for fiber contacts. The agreement is for contacts at various locations in town that will support the build out of a fiber network to serve customers in La Grange. PRIOR ACTION/NPUT (Council, Boards, Committees) A copy oft the agreement has been reviewed by City Attorney, Maria Angela Flores Beck. RECOMMENDATION Staff recommends approval of the General Joint Use Agreement with Cable One/Sparklight. FINANCIAL IMPACT ATTACHMENTS General Joint Use Agreement -11- JOINT USE AGREEMENT The following Agreement made the 10th day of October, 2024, intended as a working arrangement between the City ofLa Grange ("Owner") and Sparklight/Cable One ("Licensee"), for the joint use ofmunicipally owned utility poles in and around La Grange, Texas. ARTICLEI ELIGIBLE JOINT USE The City ofLa Grange, who will own the major portion ofthe poles covered by this agreement, recognizes the mutual advantages to be obtained under suitable conditions from the joint use of poles. It is, therefore, the intention that such joint use will be permitted in all cases where the combination of circuits will be such as will not adversely affect the safety of service of either party; provided, however, either party shall be the sole judge of the desirability ofjoint occupancy ofits poles. The conditions under which joint use is desirable are likely to change over a period oftime. Therefore, it will be necessary to consider such specific instance of contemplated joint use a separate and distinct case. It is intended that each individual case ofj joint construction will be entered into and covered by separate permit, the detail of which will be hereinafter described. ARTICLE II GENERAL TERMS AND SPECIFICATIONS FOR JOINT USE CONTRACTS Definitions - Wherever used herein. (a) The word "attachment" means crossarms, line wires, guy wires, cables, apparatus, fixtures, or any other appurtenances which are permitted on jointly used poles. (b) The term "jointly used pole" means a pole upon which space is occupied by the attachments ofboth parties. Poles upon which one ofthe parties has placed its attachments for the sole purpose of avoiding injurious contact between its wires or cables and the poles or attachments of the other party, shall not be subject to annual rental payment, however, all other terms oft this Agreement shall apply. (c) The word "owner" means the party owning the pole, or poles. (d) The word "licensee" means the party who has acquired from the owner the right to make attachments to the pole or poles. (e) The word "space" means the linear portion of pole parallel to its axis used for affixing attachments or for clearance. -12- (f) The term "Safety Code" shall mean the National Electrical Safety Code ofthe United States Bureau of Standards, including such regular and proper revisions as may be made from time to time. For the purpose of convenience in applying such provisions ofthe National Electrical Safety Code pertaining specifically tojoint use, specifications set forth in the Edison Electric Institute publication M-12 dated October 1945, and entitled "Joint Pole Practices for Supply and Communications Circuits" will be followed including such regular and proper revision as may be made from time to time. (g) The term "Normal Joint Use Pole" means a pole 35 feet in length and class five. ARTICLE III PROPOSED JOINT USE (a) When the "licensee" desires to occupy space on any poles of the "owner" within the territory above, it shall notify the "owner," 27 and the parties shall then cooperate to determine whether or not joint use oft the poles should be established. Ifit is decided that joint use shall be established and it becomes necessary to replace any pole with ai taller or stronger pole in order to provide space for the attachments of the "licensee," the "licensee" agrees to reimburse the "owner" for the cost ofinstalling the taller or stronger pole on the following basis: 1. The installed cost of the new pole. 2. The cost of removal ofthe old pole. 3. Less the material salvage value oft the old pole. 4. The cost oftransferring all wire and attachments ofthe "owner" from the old pole to the new pole. (b) When additional poles are installed, and it is mutually agreed that such additional poles shall be joint use poles, "Owner" shall bear the cost of such additional poles, unless licensee's" requirements dictate that the additional poles be stronger or taller than the "normal joint use poles, > in which case, "licensee" shall pay the increased cost of purchasing stronger or taller poles. -13- ARTICLE IV NON-CONPORMING JOINT USE In order to obtain the greatest practicable degree of safety, it is the intent of both parties to make any existing joint use construction that may be included under the Agreement conform with the "National Electrical Safety Code" and the requirements of all existing State Regulations, including such regular and proper revisions as may be made from time to time. Such joint use construction that does not now conform to the provisions ofthe "Safety Code" and to the requirements of all State Regulations shall be modified and brought into conformity within a reasonable period of time. Should it be necessary to replace any jointly used pole with a taller or stronger pole in order to provide space for the "licensee's", attachment to bring it into conformity within the "Safety Code", 9 the cost of such reconstruction shall be paid for by "licensee" to "owner" as stipulated in foregoing Article III, entitled "Proposed Joint Use". ARTICLE V CONSTRUCTION AND MAINTENANCE All jointly used poles and attachments covered by this Agreement shall be constructed and maintained in accordance with the provisions oft the "Safety Code" and the requirements of all existing State Regulations. Each party, irrespective of the ownership of the pole, shall place such anchors and guy wires as are necessary to sustain the unbalanced strain ofits own attachments as far as this is practicable. Each party shall SO arrange, maintain and operate its attachments as not to interfere with the construction, maintenance or operation ofthe other party's s attachments, and each party shall, at its own expense, maintain in good repair all of its property attached to jointly used poles or used in connection with the jointly used poles. The "owner" of each pole, at its own expense, shall maintain that pole in good repair and shall replace same at its own cost, when necessary, in which case each party shall, at its own cost, transfer its own attachments to the new pole. "Owner," at its option, shall give notice to "licensee" at least thirty (30) days in advance of any pole replacement that would affect the "licensee's" attachments, or, shall coordinate with "licensee" attachment replacement with "owner's s" contractor for pole replacement. In case "owner" replaces a wood pole and replaces same with a metal pole, it shall be the responsibility of the "licensee" to remove all ofits attachments from the old pole and secure them on the new pole within the thirty (30) days advance notice given to "licensee" of the pole replacement at its sole cost and expense. Failure to remove and re-attach all of "licensee's" attachments at the expiration of the thirty (30) days authorizes "owner"to remove the replaced pole on the expiration of an additional thirty (30) days from the original notice, with written notice to "licensee" ofintent to remove replaced pole. -14- Any recleaning of existing right-of-way and any tree trimming necessary for the establishment of joint use shall be performed by the parties as may be mutually agreed. Each party shall bear fifty (50) percent of the cost of any such right-of-way recleaning and trimming. ARTICLE VI POLE RELOCATIONS Whenever right-of-way considerations or public regulations make relocations of a pole, or poles, necessary, such relocation shall be made by the "owner" at its own expense, except that each party shall transfer its own attachments at its own sole cost and liability. "Owner," at its option shall either, give notice to "licensee"at) least thirty (30) days in advance of any pole relocation that wouldaffect the "licensee's" attachments, or, shall coordinate with "licensee" attachment replacement with "owner's" contractor for pole relocation. ARTICLE VII POLE REPLACEMENTS - OWNER'S REQUIREMENTS If it becomes necessary in the future, or on account of additional requirements ofthe "owner," to substitute for any pole a taller or stronger one, the cost of such reconstruction will be borne by the "owner." The "licensee" shall transfer its own attachments to the new pole at its own sole cost and liability. ARTICLE VIII BILLING FOR WORK PERFORMED All work performed, or to be performed, will be billed on an estimated basis and will be payable in thirty (30) days. ARTICLE IX CROSSING OR OCCUPYING RAILROAD PROPERTY "Licensee" shall be responsible for obtaining all permits or rights of way to cross or occupy railroad property. ARTICLE X ABANDONMENT OF POLES BY OWNER The "owner" shall have the right to abandon any jointly used poles at any time upon giving notice in writing to the "licensee"i in substantially the following form: NOTICE OF ABANDONMENT "Notice is hereby given to licensee on this (day of month. year) that the undersigned intends to abandon poles, as described on attached sketch which sets forth location and the value of each pole. Under the terms of the agreement dated -15- this (day ofr month, year), ifyour attachments shall remain on any of said poles after sixty (60) days from the date of this notice, you will be deemed to have elected to purchase all of said poles on which your attachments remain.' Signed (Owner) ARTICLE XI RELINQUISHMENT OF POLES BY LICENSEE The "licensee" may discontinue the use of any jointly used pole at any time, and upon giving of sixty (60) days written notice ofi its intention to relinquish such use and upon the removal of all ofi its attachments. All rights to use that pole and any duty to pay rent, shall cease after the completion of the calendar year in which the discontinuation occurs. This notice shall be substantially in the following form: NOTICE OF RELINQUISHMENT "Notice is hereby given to "owner" on this (day ofmonth. year) that the use of the poles described on attached sketch is to be discontinued by the undersigned, and all space reserved for its attachments shall be relinquished within sixty (60) days from the date ofthis notice". Signed (Licensee) ARTICLE XII PROCEDURE WHEN CHARACTER OF CIRCUITS IS CHANGED When either party desires to change the character ofits circuits on jointly used poles it shall SO notify the other party, and the parties shall cooperate to determine whether joint use of the poles involved shall be continued. If it is not agreed to continue joint use of the poles involved, then the parties must determine the most practical and economical method of providing separate lines for each party. The party whose circuits are to be moved shall promptly conduct the necessary work, it being understood that the cost of such work shall be borne by the "licensee." 79 ARTICLE XIII RENTAL PAYMENT The "licensee" shall pay the "owner"the sum ofTen Dollars ($10.00) per calendar year or fraction thereof, for the rental of each jointly used pole on which the "licensee"1 has attachments on December 315t oft that year, payment to be due January 31st ofthe following year. At the option ofthe "owner" and on ninety (90) days prior written notice to "licensee", the rental rate per pole may be adjusted provided, however, that said rental rate shall be limited to a maximum ofthe highest rental rate then paid by any cable operator to any city which owns more than 300 poles within a 300-mile radius ofthe City of La Grange, Texas. -16- ARTICLE XIV PAYMENT OF TAXES Each party shall pay all taxes levied against it on the property owned by it. ARTICLE XV LIABILITY FOR DAMAGE Whenever any liability that is incurred by either or both of the parties for injuries to employees or for damages to the property of either party, or for injuries to other persons or damages to their property, arises out of the joint use of poles under this Agreement or due to the proximity oft the wire and fixtures of the parties attached to the joint poles covered by the Agreement, the liability for such damages, as between the parties shall be as follows: 1. Each party shall be liable for all injuries to persons or damages to property caused solely by its negligence or solely by its failure to comply at any time with the specifications provided. Construction temporarily exempted from the application of said specifications under the provisions of Article IV, Non-Conforming Joint Use" shall not be deemed to be any violation of these specifications during the period of the exemption. Each party shall be solely responsible for any injuries to its employees while engaged in removing equipment from poles or in wrecking abandoned poles, and shall indemnify the other party against loss by reason of such injuries. 2. Each party shall be liable for such injuries to its own employees or for damage to its own property as are caused by the concurrent negligence ofboth parties hereto or are due to the causes which cannot be traced to the sole negligence of the other party. 3. Each party shall be liable for one-half(I/2) or all such injuries to persons other than employees of either party and for one-half (1/2) of all such damages to property not belonging to either party as are due to causes which cannot be traced to the sole negligence ofthe other party. 4. Where on account of personal injuries of the character described in the preceding paragraphs of this article, either party shall make any payments to injured employees or to their relatives or representatives on conformity with the provision of the Workmen's Compensation Act or any Act creating a liability in the employer to pay compensation for personal injury to any employee by accident arising out of and in the course of employment, whether based on negligence on the part ofthe -17- employer or not, such payment shall be construed to be damages within the terms ofthe preceding paragraphs oft this article. 5. All claims for personal injuries or property damages arising that are asserted against or affect both parties shall be dealt with by the parties jointly; provided, however, that in any case in which the preçeding paragraphs impose a joint liability upon both parties and where the claimant desires to settle any such claim upon terms acceptable to one of the parties but not to the other, the party to whom said terms are acceptable may, at its election, pay the other party one-half (1/2) ofthe expense which such settlement would involve, and thereupon the other party shall be bound to protect the party making such a payment from all further liability and expense on account of such claim. 6. In the adjustment between the parties of any claim for personal injuries or property shall include, in addition to the amount paid to the claimant, all proper expenses incurred by the parties, but shall not include attorneys' fees. 7. The terms ofthis section are: not intended to include damages on account of cutting or trimming trees. ARTICLE XVI DEFAULTS Ifthe "licensee" shall default in any ofits obligations under this agreement, and such default shall continue thirty (30) days after notice thereofin writing from the "owner", this agreement and all individual joint use permits made under this agreement shall terminate and "licensee" shall remove its attachments on "owner's" poles. If not SO removed, "owner" shall have the right to remove them at the cost and expense of"licensee", and without any liability and without any duty to account to "licensee" for the property removed. ARTICLE XVII ABROGATION OF EXISTING AGREEMENTS All existing contracts between the parties for the joint use of the poles covered by this agreement are hereby abrogated and annulled. AII existing contacts of either party on the poles of the other as of the date of the execution of this agreement shall immediately be covered by this agreement. ARTICLE XVIII NOTICE If either of the parties receives notice of any accident arising out of the use of the jointly operated facilities, which may result in a claim for damages to either, -18- or both of the parties, the party SO receiving such notice shall immediately notify the other party SO that due investigation may be made. Notice to the City of La Grange, shall be addressed to 155 East Colorado Street, La Grange, Texas 78945, and notice to Sparklight/Cable One ("Licensee"), shall be addressed to 210 E. Earll Dr, Phoenix, AZ 85012-2626. ARTICLE XIX WAIVER OF TERMS AND CONDITIONS The failure of either party to enforce or insist upon compliance with any of the terms or conditions of the agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. ARTICLE XX EXISTING RIGHTS OF OTHER PARTIES If either of the parties has, prior to the execution of this agreement, conferred upon others; not parties to this agreement, whether by contract or otherwise, rights or privileges to use any poles covered by this agreement, nothing herein contained shall be construed as affecting said rights or privileges. Either party shall have the right under such contract or agreement, to continue such existing rights to privileges. For the purpose ofthis agreement, the attachments of any such outside party shall be treated as attachments belonging to the "owner." The right, obligations, and liabilities of the "owner" with respect to such attachments shall be the same as if it were the actual owner. These liability provisions are the same as those provisions set forth in ARTICLE XV of this agreement. Where governmental franchises or regulations require either party to allow the use of its poles for fire alarm, police or other governmental signal systems, such use shall be permitted under the terms of this article. ARTICLEXXI THIRD PARTIES Nothing in this agreement is presumed to give either party exclusive rights to the exclusion of a third party or imply reserved rights on those poles of the other party not covered by specific permits in the form of Exhibit "A" attached. ARTICLE XXII GENERAL The above general terms and specifications are not, in themselves, intended to be a contract between the parties for joint use of any pole or poles, but it is contemplated that they will be incorporated in, and become a part of, the individual -19- joint use permits for the joint use ofs specified poles which will be entered into from time to time. This will be accomplished as follows: Whenever the parties reach an agreement that a certain pole, group ofpoles, or pole line, shall be jointly used, they will, through such representatives as they care to authorize, execute a separate permit in each instance and in the form of Exhibit "A" attached and made a part of this agreement. ARTICLE XXIII TERM OF AGREEMENT This agreement shall be for a period of three (3) years from the date, and thereafter from year to year until terminated by either party by a written notice of termination to the other party not less than six (6) months prior to the end of any yearly period after the initial agreement period. ARTICLE XXIV ASSIGNMENT OF FRANCHISE Licensee may freely assign this agreement and/or the rights granted hereunder. Assignees shall have full rights and privileges herein granted. Signed this day of 2025. CITY OF LA GRANGE, TEXAS Jan Dockery, Mayor ATTEST: Janet Bayer, City Secretary APPROVED AS TO FORM: Maria Angela Flores Beck, City Attorney -20- CLicensee/Company) Its President ATTEST: Its Secretary ACKNOWLEDGMENT State ofTexas County of Fayette This instrument was acknowledged before me on 2025, by in her capacity of Mayor of the City of La Grange, Texas, on behalf of said city. NOTARY PUBLIC, STATE OF TEXAS ACKNOWLEDGMENT State ofTexas County of Fayette This instrument was acknowledged before me on 2025, by President of ('Licensee/Company) on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS -21-) EXHIBIT "A" Cost per Pole $10.00 X Number ofPoles = Annual Rental Date Effective Joint Use of] Poles at see attached map provided by Licensee/Company" JOINT USE PERMIT (In which the General Joint Use Agreement adopted 2025 is incorporated by reference) APPLICATION The undersigned hereby applies for the right to use jointly with the City ofLa Grange, Texas, its poles located at see attached map provided by "Licnsee/Company". as more specifically shown on the attached map, upon all the terms and conditions set forth in the "General Joint Use Agreement" adopted by the parties hereto on 2025. Said poles are described in the table on the reverse side hereof, which table also shows the space which the undersigned desires to have reserved. Date Signed Title PERMIT The undersigned hereby grants to the above-named applicant the right to usej jointly the poles referred to in the above application. Space reserved is as shown in the table on the back ofthis sheet. This grant is made upon all the terms and conditions set forth in the "General Joint Use Agreement" adopted by the parties hereto on 2025 which are hereby made a part hereof as fully as if set forth in full herein. Date Signed Title -22-1 09 9 La Grange City Council La Grange DEPARTMENT MEMO Staff Meeting Date: May 12, 2025 Contact: Jack Thompson, City Manager Agenda Item: Regular Agenda # 4 E-mail: ompsmzrebaliz.con Phome: 979-968-5805 SUBJECT: Discuss and/or Consider a General Joint Use Agreement for the joint use of municipally owned utility poles with Fayette Electric Cooperative (FEC). SUMMARY Staffis presenting to council for consideration a renewal agreement with Fayette Electric Cooperative (FEC) to contact our utility poles. This is the same basic agreement that we have with Colorado Valley Communications, Frontier Communications, and SCT Broadband for fiber contacts. The agreement is for contacts at various locations in town that will support the build out of a fiber network to serve customers in La Grange. PRIOR ACTION/INPUT (Council, Boards, Committees) A copy oft the agreement has been reviewed by City Attorney, Maria Angela Flores Beck. RECOMMENDATION Staff recommends approval of the General Joint Use Agreement with Fayette Electric Cooperative (FEC). FINANCIALI IMPACT ATTACHMENTS General Joint Use Agreement -23- JOINT USE AGREEMENT The following Agreement made the 10th day of November, 2024, intended as a working arrangement between the City of La Grange ("Owner") and Fayette Electric Cooperative ("Licensee"), for the joint use of municipally owned utility poles in and around La Grange, Texas. ARTICLEI ELIGIBLE JOINT USE The City ofLa Grange, who will own the major portion ofthe poles covered by this agreement, recognizes the mutual advantages to be obtained under suitable conditions from the joint use of poles. It is, therefore, the intention that such joint use will be permitted in all cases where the combination of circuits will be such as will not adversely affect the safety of service of either party; provided, however, either party shall be the sole judge of the desirability ofjoint occupancy ofits poles. The conditions under which joint use is desirable are likely to change over a period oftime. Therefore, it will be necessary to consider such specific instance of contemplated joint use a separate and distinct case. It is intended that each individual case of joint construction will be entered into and covered by separate permit, the detail of which will be hereinafter described. ARTICLE II GENERAL TERMS AND SPECIFICATIONS FOR. JOINT USE CONTRACTS Definitions = Wherever used herein. (a) The word "attachment" means crossarms, line wires, guy wires, cables, apparatus, fixtures, or any other appurtenances which are permitted on jointly used poles. (b) The term "jointly used pole" means a pole upon which space is occupied by the attachments ofboth parties. Poles upon which one ofthe parties has placed its attachments for the sole purpose of avoiding injurious contact between its wires or cables and the poles or attachments of the other party, shall not be subject to annual rental payment, however, all other terms ofthis Agreement shall apply. (c) The word "owner" means the party owning the pole, or poles. (d) The word "licensee" means the party who has acquired from the owner the right to make attachments to the pole or poles. (e) The word "space" means the linear portion of pole parallel to its axis used for affixing attachments or for clearance. -24- I) The term "Safety Code" shall mean the National Electrical Safety Code ofthe United States Bureau of Standards, including such regular and proper revisions as may be made from time to time. For the purpose of convenience in applying such provisions of the National Electrical Safety Code pertaining specifically to joint use, specifications set forth in the Edison Electric Institute publication M-12 dated October 1945, and entitled "Joint Pole Practices for Supply and Communications Circuits" will be followed including such regular and proper revision as may be made from time to time. (g) The term "Normal Joint Use Pole" means a pole 35 feet in length and class five. ARTICLE III PROPOSED JOINT USE (a) When the "licensee" desires to occupy space on any poles of the "owner" within the territory above, it shall notify the "owner," and the parties shall then cooperate to determine whether or not joint use of the poles should be established. Ifit is decided that joint use shall be established and it becomes necessary to replace any pole with a taller or stronger pole in order to provide space for the attachments of the "licensee,' 99 the "licensee" agrees to reimburse the "owner" for the cost ofinstalling the taller or stronger pole on the following basis: 1. The installed cost oft the new pole. 2. The cost of removal ofthe old pole. 3. Less the material salvage value ofthe old pole. 4. The cost of transferring all wire and attachments ofthe "owner" from the old pole to the new pole. (b) When additional poles are installed, and it is mutually agreed that such additional poles shall be joint use poles, "Owner" shall bear the cost of such additional poles, unless "licensee's", requirements dictate that the additional poles be stronger or taller than the "normal joint use poles,"ir in which case, "licensee" shall pay the increased cost of purchasing stronger or taller poles. -25- ARTICLE IV NON-CONFORMING JOINT USE In order to obtain the greatest practicable degree of safety, it is the intent of both parties to make any existing joint use construction that may be included under the Agreement conform with the "National Electrical Safety Code" and the requirements of all existing State Regulations, including such regular and proper revisions as may be made from time to time. Such joint use construction that does not now conform to the provisions ofthe "Safety Code" and to the requirements of all State Regulations shall be modified and brought into conformity within a reasonable period of time. Should it be necessary to replace any jointly used pole with a taller or stronger pole in order to provide space for the "licensee' 's" attachment to bring it into conformity within the "Safety Code", the cost of such reconstruction shall be paid for by "licensee" to "owner" as stipulated in foregoing Article III, entitled "Proposed Joint Use". ARTICLE V CONSTRUCTION AND MAINTENANCE Alljointly used poles and attachments covered by this Agreement shall be constructed and maintained in accordance with the provisions of the "Safety Code" and the requirements of all existing State Regulations. Each party, irrespective of the ownership of the pole, shall place such anchors and guy wires as are necessary to sustain the unbalanced strain ofits own attachments as far as this is practicable. Each party shall SO arrange, maintain and operate its attachments as not to interfere with the construction, maintenance or operation ofthe other party's attachments, and each party shall, at its own expense, maintain in good repair all of its property attached to jointly used poles or used in connection with the jointly used poles. The "owner" of each pole, at its own expense, shall maintain that pole in good repair and shall replace same at its own cost, when necessary, in which case each party shall, at its own cost, transfer its own attachments to the new pole. "Owner," at its option, shall give notice to "licensee" at least thirty (30) days in advance of any pole replacement that would affect the "licensee's'atuachmemts, or, shall coordinate with "licensee" attachment replacement with "owner's" contractor for pole replacement. In case "owner" replaces a wood pole and replaces same with a metal pole, it shall be the responsibility ofthe "licensee" to remove all ofi its attachments from the old pole and secure them on the new pole within the thirty (30) days advance notice given to "licensee" of the pole replacement at its sole cost and expense. Failure to remove and re-attach all of "licensee's" attachments at the expiration of the thirty (30) days authorizes "owner"t to remove the replaced pole on the expiration of an additional thirty (30) days from the original notice, with written notice to "licensee" ofintent to remove replaced pole. 2 -26- Any recleaning of existing right-of-way and any tree trimming necessary for the establishment of joint use shall be performed by the parties as may be mutually agreed. Each party shall bear fifty (50) percent of the cost of any such right-of-way recleaning and trimming. ARTICLE VI POLE RELOCATIONS Whenever right-of-way considerations or public regulations make relocations of a pole, or poles, necessary, such relocation shall be made by the "owner" at its own expense, except that each party shall transfer its own attachments at its own sole cost and liability. "Owner, ?> at its option shall either, give notice to "licensee" at least thirty (30) days in advance ofany polerelocation that would affect the "licensee's" attachments, or, shall coordinate with licensee" attachment replacement with "owner's" contractor for pole relocation. ARTICLE VII POLE REPLACEMENTS - OWNER'S REQUIREMENTS If it becomes necessary in the future, or on account of additional requirements of the "owner,' 7 to substitute for any pole a taller or stronger one, the cost of such reconstruction will be borne by the "owner." The "licensee" shall transfer its own attachments to the new pole at its own sole cost and liability. ARTICLE VITI BILLING FOR WORK PERFORMED All work performed, or to be performed, will be billed on an estimated basis and will be payable in thirty (30) days. ARTICLE IX CROSSING OR OCCUPYING RAILROAD PROPERTY "Licensee" shall be responsible for obtaining all permits or rights ofway to cross or occupy railroad property. ARTICLE X ABANDONMENT OF POLES BY OWNER The "owner" shall have the right to abandon any jointly used poles at any time upon giving notice in writing to the "licensee"i in substantially the following form: NOTICE OF ABANDONMENT "Notice is hereby given to licensee on this (day of month. year) that the undersigned intends to abandon poles, as described on attached sketch which sets forth location and the value of each pole. Under the terms of the agreement dated -27- this (day ofmonth. year), ifyour attachments shall remain on any of said poles after sixty (60) days from the date of this notice, you will be deemed to have elected to purchase all of said poles on which your attachments remain.' 3 Signed (Owner) ARTICLE XI RELINQUISHMENT OF POLES BY LICENSEE The "licensee" may discontinue the use ofany jointly used pole at any time, and upon giving of sixty (60) days written notice ofi its intention to relinquish such use and upon the removal of all of its attachments. All rights to use that pole and any duty to pay rent, shall cease after the completion of the calendar year in which the discontinuation occurs. This notice shall be substantially in the following form: NOTICE OF RELINQUISHMENT "Notice is hereby given to "owner" on this (day ofmonth. year) that the use of the poles described on attached sketch is to be discontinued by the undersigned, and all space reserved for its attachments shall be relinquished within sixty (60) days from the date of this notice". Signed (Licensee) ARTICLE XII PROCEDURE WHEN CHARACTER OF CIRCUITS IS CHANGED When either party desires to change the character of its circuits on jointly used poles it shall SO notify the other party, and the parties shall cooperate to determine whether joint use of the poles involved shall be continued. If it is not agreed to continue joint use of the poles involved, then the parties must determine the most practical and economical method of providing separate lines for each party. The party whose circuits are to be moved shall promptly conduct the necessary work, it being understood that the cost of such work shall be borne by the "licensee." ARTICLEXIII RENTAL PAYMENT The "licensee" shall pay the "owner" the sum ofTen Dollars ($10.00) per calendar year or fraction thereof, for the rental of each jointly used pole on which the "licensee" has attachments on December 31st ofthat year, payment to be due January 31st ofthe following year. At the option oft the "owner" and on ninety (90) days prior written notice to "licensee", the rental rate per pole may be adjusted provided, however, that said rental rate shall be limited to a maximum oft the highest rental rate then paid by any cable operator to any city which owns more than 300 poles within a 300-mile radius ofthe City ofLa Grange, Texas. A -28- ARTICLE XIV PAYMENT OF TAXES Each party shall pay all taxes levied against it on the property owned by it. ARTICLE XV LIABILITY FOR DAMAGE Whenever any liability that is incurred by either or both of the parties for injuries to employees or for damages to the property of either party, or for injuries to other persons or damages to their property, arises out of the joint use of poles under this Agreement or due to the proximity ofthe wire and fixtures of the parties attached to the joint poles covered by the Agreement, the liability for such damages, as between the parties shall be as follows: 1. Each party shall be liable for all injuries to persons or damages to property caused solely by its negligence or solely by its failure to comply at any time with the specifications provided. Construction temporarily exempted from the application of said specifications under the provisions of Article IV, "Non-Conforming Joint Use" shall not be deemed to be any violation of these specifications during the period of the exemption. Each party shall be solely responsible for any injuries to its employees while engaged in removing equipment from poles or in wrecking abandoned poles, and shall indemnify the other party against loss by reason of such injuries. 2. Each party shall be liable for such injuries to its own employees or for damage to its own property as are caused by the concurrent negligence oft both parties hereto or are due to the causes which cannot be traced to the sole negligence of the other party. 3. Each party shall be liable for one-half(1/2) or all such injuries to persons other than employees of either party and for one-half (1/2) of all such damages to property not belonging to either party as are due to causes which cannot be traced to the sole negligence ofthe other party. 4. Where on account of personal injuries of the character described in the preceding paragraphs of this article, either party shall make any payments to injured employees or to their: relatives or representatives on conformity with the provision of the Workmen's Compensation Act or any Act creating a liability in the employer to pay compensation for personal injury to any employee by accident arising out of and in the course of employment, whether based on negligence on the part ofthe -29- employer or not, such payment shall be construed to be damages within the terms of the preceding paragraphs ofthis article. 5. All claims for personal injuries or property damages arising that are asserted against or affect both parties shall be dealt with by the parties jointly; provided, however, that in any case in which the preceding paragraphs impose a joint liability upon both parties and where the claimant desires to settle any such claim upon terms acceptable to one of the parties but not to the other, the party to whom said terms are acceptable may, at its election, pay the other party one-half (1/2) ofthe expense which such settlement would involve, and thereupon the other party shall be bound to protect the party making such a payment from all further liability and expense on account of such claim. 6. In the adjustment between the parties of any claim for personal injuries or property shall include, in addition to the amount paid to the claimant, all proper expenses incurred by the parties, but shall not include attorneys' fees. 7. The terms ofthis section are not intended to include damages on account of cutting or trimming trees. ARTICLE XVI DEFAULTS Ifthe "licensee" shall default in any ofits obligations under this agreement, and such default shall continue thirty (30) days after notice thereof in writing from the "owner", this agreement and all individual joint use permits made under this agreement shall terminate and "licensee" shall removeits attachments on "owner's" poles. If not SO removed, "owner" shall have the right to remove them at the cost and expense of"licensee", and without any liability and without any duty to account to "licensee" for the property removed. ARTICLE XVII ABROGATION OF EXISTING AGREEMENTS All existing contracts between the parties for the joint use of the poles covered by this agreement are hereby abrogated and annulled. All existing contacts of either party on the poles of the other as of the date of the execution of this agreement shall immediately be covered by this agreement. ARTICLE XVIII NOTICE Ife either of the parties receives notice of any accident arising out of the use ofthe jointly operated facilities, which may result in a claim for damages to either, -30- or both of the parties, the party SO receiving such notice shall immediately notify the other party SO that due investigation may be made. Notice to the City ofLa Grange, shall be addressed to 155 East Colorado Street, La Grange, Texas 78945, and notice to Fayette Electric Cooperative ("Licensee"), shall be addressed to 2111 North Von Minden Road, La Grange, TX 78945 ARTICLE XIX WAIVER OF TERMS AND CONDITIONS The failure of either party to enforce or insist upon compliance with any of the terms or conditions of the agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. ARTICLE XX EXISTING RIGHTS OF OTHER PARTIES If either of the parties has, prior to the execution of this agreement, conferred upon others; not parties to this agreement, whether by contract or otherwise, rights or privileges to use any poles covered by this agreement, nothing herein contained shall be construed as affecting said rights or privileges. Either party shall have the right under such contract or agreement, to continue such existing rights to privileges. For the purpose oft this agreement, the attachments of any such outside party shall be treated as attachments belonging to the "owner. 99 The right, obligations, and liabilities of the "owner" with respect to such attachments shall be the same as if it were the actual owner. These liability provisions are the same as those provisions set forth in ARTICLE XV of this agreement. Where governmental franchises or regulations require either party to allow the use of its poles for fire alarm, police or other governmental signal systems, such use shall be permitted under the terms of this article. ARTICLE XXI THIRD PARTIES Nothing in this agreement is presumed to give either party exclusive rights to the exclusion of a third party or imply reserved rights on those poles oft the other party not covered by specific permits in the form of Exhibit "A" attached. ARTICLE XXII GENERAL The above general terms and specifications are not, in themselves, intended to be a contract between the parties for joint use of any pole or poles, but it is contemplated that they will be incorporated in, and become a part of, the individual -31- joint use permits for the joint use of specified poles which will be entered into from time to time. This will be accomplished as follows: Whenever the parties reach an agreement that a certain pole, group of poles, or pole line, shall be jointly used, they will, through such representatives as they care to authorize, execute a separate permit in each instance and in the form of Exhibit "A" attached and made a part ofthis agreement. ARTICLE XXIII TERM OF AGREEMENT This agreement shall be for a period of three (3) years from the date, and thereafter from year to year until terminated by either party by a written notice of termination to the other party not less than six (6) months prior to the end of any yearly period after the initial agreement period. ARTICLE XXIV ASSIGNMENT OF FRANCHISE Licensee may freely assign this agreement and/or the rights granted hereunder. Assignees shall have full rights and privileges herein granted. Signed this day of 2025. CITY OF LA GRANGE, TEXAS Jan Dockery, Mayor ATTEST: Janet Bayer, City Secretary APPROVED AS TO FORM: Maria Angela Flores Beck, City Attorney -32- (Licensee/Company) Its General Manager/CEO ATTEST: Assistant General Manager/COO ACKNOWLEDGMENT State ofTexas County ofFayette This instrument was acknowledged before me on 2025, by in her capacity of Mayor of the City ofLa Grange, Texas, on behalf of said city. NOTARY PUBLIC, STATE OF TEXAS ACKNOWLEDGMENT State ofTexas County ofFayette This instrument was acknowledged before me on 2025, by General Manager/CEO of (Licensee/Company) on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS 10 -33- EXHIBIT "A" Cost per Pole $10.00 X Number ofPoles = Annual Rental Date Effective Joint Use of Poles at see attached map provided by "Licensee/Company" JOINT USE PERMIT (In which the General Joint Use Agreement adopted 2025 is incorporated by reference) APPLICATION The undersigned hereby applies for the right to use jointly with the City ofLa Grange, Texas, its poles located at see attached map provided by "Licensee/Company") as more specifically shown on the attached map, upon all the terms and conditions set forth in the "General Joint Use Agreement" adopted by the parties hereto on 2025. Said poles are described in the table on the reverse side hereof, which table also shows the space which the undersigned desires to have reserved. Date Signed Title PERMIT The undersigned hereby grants to the above-named applicant the right to usejointly the poles referred to in the above application. Space reserved is as shown in the table on the back ofthis sheet. This grant is made upon all the terms and conditions set forth in the "General Joint Use Agreement" adopted by the parties hereto on 2025 which are hereby made a part hereof as fully as if set forth in full herein. Date Signed Title -34- Ggo La Grange City Council DEPARTMENT La Grange MEMO Staff Meeting Date: May 12, 2025 Contact: Jack Thompson, City Manager Agenda Item: Regular Agenda # 5 E-mail: lmmpsonreftvols.com Phone: 979-968-5805 SUBJECT: Discuss and/or Consider a General Joint Use Agreement for the joint use of municipally owned utility poles with Fayette County. SUMMARY Staffis presenting to council for consideration a renewal agreement with Fayette County to contact our utility poles. This is the same basic agreement that we have with Colorado Valley Communications, Frontier Communications, and SCT Broadband for fiber contacts. The agreement is for contacts at various locations in town that will support the build out of a fiber network to serve customers in La Grange. PRIOR ACTION/INPUT (Council, Boards, Committees) A copy of the agreement has been reviewed by City Attorney, Maria Angela Flores Beck. RECOMMENDATION Staff recommends approval of the General Joint Use Agreement with Fayette County. FINANCIAL IMPACT ATTACHMENTS General Joint Use Agreement -35- JOINT USE AGREEMENT The following Agreement made the 10th day of January, 2025, intended as a working arrangement between the City of La Grange ("Owner") and Fayette County ("Licensee"), for the joint use ofmunicipally owned utility poles in and around La Grange, Texas. ARTICLE I ELIGIBLE JOINT USE The City ofLa Grange, who will own the major portion ofthe poles covered by this agreement, recognizes the mutual advantages to be obtained under suitable conditions from the joint use of poles. It is, therefore, the intention that such joint use will be permitted in all cases where the combination of circuits will be such as will not adversely affect the safety of service of either party; provided, however, either party shall be the sole judge of the desirability ofjoint occupancy of its poles. The conditions under which joint use is desirable are likely to change over a period of time. Therefore, it will be necessary to consider such specific instance of contemplated joint use a separate and distinct case. It is intended that each individual case of joint construction will be entered into and covered by separate permit, the detail of which will be hereinafter described. ARTICLE II GENERAL TERMS AND SPECIFICATIONS FOR JOINT USE CONTRACTS Definitions - Wherever used herein. (a) The word "attachment" means crossarms, line wires, guy wires, cables, apparatus, fixtures, or any other appurtenances which are permitted on jointly used poles. (b) The term "jointly used pole" means a pole upon which space is occupied by the attachments ofboth parties. Poles upon which one ofthe parties has placed its attachments for the sole purpose of avoiding injurious contact between its wires or cables and the poles or attachments of the other party, shall not be subject to annual rental payment, however, all other terms of this Agreement shall apply. (c) The word "owner" means the party owning the pole, or poles. (d) The word "licensee" means the party who has acquired from the owner the right to make attachments to the pole or poles. (e) The word "space" means the linear portion of pole parallel to its axis used for affixing attachments or for clearance. -36- (f) The term "Safety Code" shall mean the National Electrical Safety Code ofthe United States Bureau of Standards, including such regular and proper revisions as may be made from time to time. For the purpose of convenience in applying such provisions of the National Electrical Safety Code pertaining specifically to joint use, specifications set forth in the Edison Electric Institute publication M-12 dated October 1945, and entitled "Joint Pole Practices for Supply and Communications Circuits" will be followed including such regular and proper revision as may be made from time to time. (g) The term "Normal Joint Use Pole" means a pole 35 feet in length and class five. ARTICLE III PROPOSED JOINT USE (a) When the "licensee" desires to occupy space on any poles of the "owner" within the territory above, it shall notify the "owner, 27 and the parties shall then cooperate to determine whether or not joint use of the poles should be established. Ifitis decided that joint use shall be established and it becomes necessary to replace any pole with a taller or stronger pole in order to provide space for the attachments of the "licensee,' 99 the "licensee" agrees to reimburse the "owner" for the cost ofinstalling the taller or stronger pole on the following basis: 1. The installed cost ofthe new pole. 2. The cost of removal of the old pole. 3. Less the material salvage value oft the old pole. 4. The cost oftransferring all wire and attachments of the "owner" from the old pole to the new pole. (b) When additional poles are installed, and it is mutually agreed that such additional poles shall be joint use poles, "Owner" shall bear the cost of such additional poles, unless "licensee's" requirements dictate that the additional poles be stronger or taller than the "normal joint use poles," 'in which case, "licensee" shall pay the increased cost of purchasing stronger or taller poles. -37- ARTICLE IV NON-CONFORMING JOINT USE In order to obtain the greatest practicable degree of safety, it is the intent of both parties to make any existing, joint use construction that may be included under the Agreement conform with the "National Electrical Safety Code" and the requirements of all existing State Regulations, including such regular and proper revisions as may be made from time to time. Such joint use construction that does not now conform to the provisions of the "Safety Code" and to the requirements of all State Regulations shall be modified and brought into conformity within a reasonable period of time. Should it be necessary to replace any jointly used pole with a taller or stronger pole in order to provide space for the "licensee's", attachment to bring it into conformity within the "Safety Code", the cost of such reconstruction shall be paid for by licensee" to "owner" as stipulated in foregoing Article III, entitled "Proposed Joint Use". ARTICLE V CONSTRUCTION AND MAINTENANCE All jointly used poles and attachments covered by this Agreement shall be constructed and maintained in accordance with the provisions oft the "Safety Code" and the requirements of all existing State Regulations. Each party, irrespective of the ownership of the pole, shall place such anchors and guy wires as are necessary to sustain the unbalanced strain ofits own attachments as far as this is practicable. Each party shall SO arrange, maintain and operate its attachments as not to interfere with the construction, maintenance or operation ofthe other party's attachments, and each party shall, at its own expense, maintain in good repair all of its property attached to jointly used poles or used in connection with the jointly used poles. The "owner" of each pole, at its own expense, shall maintain that pole in good repair and shall replace same at its own cost, when necessary, in which case each party shall, at its own cost, transfer its own attachments to the new pole. "Owner," at its option, shall give notice to "licensee" at least thirty (30) days in advance of any pole replacement that would affect the "license''atachmems, or, shall coordinate with "licensee" attachment replacement with "owner's" contractor for pole replacement. In case "owner" replaces a wood pole and replaces same with a metal pole, it shall be the responsibility of the "licensee" to remove all ofits attachments from the old pole and secure them on the new pole within the thirty (30) days advance notice given to "licensee" of the pole replacement at its sole cost and expense. Failure to remove and re-attach all of"licensee's" attachments at the expiration of the thirty (30) days authorizes "owner"to remove the replaced pole on the expiration of an additional thirty (30) days from the original notice, with written notice to "licensee" ofi intent to remove replaced pole. -38- Any recleaning of existing right-of-way and any tree trimming necessary for the establishment of joint use shall be performed by the parties as may be mutually agreed. Each party shall bear fifty (50) percent of the cost of any such right-of-way recleaning and trimming. ARTICLE VI POLE RELOCATIONS Whenever right-of-way considerations or public regulations make relocations of a pole, or poles, necessary, such relocation shall be made by the "owner" at its own expense, except that each party shall transfer its own attachments at its own sole cost and liability. "Owner, 27 at its option shall either, give notice to "licensee"a at least thirty (30) days in advance ofany pole relocation that would affect the licensee's" attachments, or, shall coordinate with "licensee" attachment replacement with "owner's" contractor for pole relocation. ARTICLE VII POLE REPLACEMENTS - OWNER'S REQUIREMENTS If it becomes necessary in the future, or on account of additional requirements of the "owner, 99 to substitute for any pole a taller or stronger one, the cost of such reconstruction will be borne by the "owner.' 99 The "licensee" shall transfer its own attachments to the new pole at its own sole cost and liability. ARTICLE VIII BILLING FOR WORK PERFORMED All work performed, or to be performed, will be billed on an estimated basis and will be payable in thirty (30) days. ARTICLE IX CROSSING OR OCCUPYING RAILROAD PROPERTY "Licensee" shall be responsible for obtaining all permits or rights of way to cross or occupy railroad property. ARTICLE X ABANDONMENT OF POLES BY OWNER The "owner" shall have the right to abandon any jointly used poles at any time upon giving notice in writing to the "licensee" in substantially the following form: NOTICE OF ABANDONMENT "Notice is hereby given to licensee on this (day of month. year) that the undersigned intends to abandon poles, as described on attached sketch which sets forth location and the value of each pole. Under the terms of the agreement dated 4 -39- this (day ofr month, year), ifyour attachments shall remain on any ofs said poles after sixty (60) days from the date of this notice, you will be deemed to have elected to purchase all of said poles on which your attachments remain.' 9 Signed (Owner) ARTICLE XI RELINQUISHMENT OF POLES BY LICENSEE The "licensee" may discontinue the use of any. jointly used pole at any time, and upon giving of sixty (60) days written notice ofits intention to relinquish such use and upon the removal of all of its attachments. All rights to use that pole and any duty to pay rent, shall cease after the completion of the calendar year in which the discontinuation occurs. This notice shall be substantially in the following form: NOTICE OF RELINQUISHMENT "Notice is hereby given to "owner" on this (day ofmonth. year) that the use of the poles described on attached sketch is to be discontinued by the undersigned, and all space reserved fori its attachments shall be relinquished within sixty (60) days from the date ofthis notice". Signed (Licensee) ARTICLE XII PROCEDURE WHEN CHARACTER OF CIRCUITS IS CHANGED When either party desires to change the character of its circuits on jointly used poles it shall SO notify the other party, and the parties shall cooperate to determine whether joint use of the poles involved shall be continued. If it is not agreed to continue joint use of the poles involved, then the parties must determine the most practical and economical method of providing separate lines for each party. The party whose circuits are to be moved shall promptly conduct the necessary work, it being understood that the cost of such work shall be borne by the "licensee." ARTICLE XIII RENTAL PAYMENT The "licensee" shall pay the "owner" the sum of Ten Dollars ($10.00), per calendar year or fraction thereof, for the rental of each jointly used pole on which the "licensee" has attachments on December 31st of that year, payment to be due January 31st of the following year. At the option of the "owner" and on ninety (90) days prior written notice to "licensee", the rental rate per pole may be adjusted provided, however, that said rental rate shall be limited to a maximum of the highest rental rate then paid by any cable operator to any city which owns more than 300 poles within a 300-mile radius of the City ofLa Grange, Texas. -40- ARTICLE XIV PAYMENT OF TAXES Each party shall pay all taxes levied against it on the property owned by it. ARTICLE XV LIABILITY FOR DAMAGE Whenever any liability that is incurred by either or both of the parties for injuries to employees or for damages to the property of either party, or for injuries to other persons or damages to their property, arises out of the joint use of poles under this Agreement or due to the proximity ofthe wire and fixtures oft the parties attached to the joint poles covered by the Agreement, the liability for such damages, as between the parties shall be as follows: 1. Each party shall be liable for all injuries to persons or damages to property caused solely by its negligence or solely by its failure to comply at any time with the specifications provided. Construction temporarily exempted from the application of said specifications under the provisions of Article IV, "Non-Conforming Joint Use" shall not be deemed to be any violation of these specifications during the period of the exemption. Each party shall be solely responsible for any injuries to its employees while engaged in removing equipment from poles or in wrecking abandoned poles, and shall indemnify the other party against loss by reason of such injuries. 2. Each party shall be liable for such injuries to its own employees or for damage to its own property as are caused by the concurrent negligence ofboth parties hereto or are due to the causes which cannot be traced to the sole negligence of the other party. 3. Each party shall be liable for one-half(I/2) or all such injuries to persons other than employees of either party and for one-half (1/2) of all such damages to property not belonging to either party as are due to causes which cannot be traced to the sole negligence oft the other party. 4. Where on account of personal injuries of the character described in the preceding paragraphs of this article, either party shall make any payments to injured employees or to their relatives or representatives on conformity with the provision of the Workmen's Compensation Act or any Act creating a liability in the employer to pay compensation for personal injury to any employee by accident arising out of and in the course of employment, whether based on negligence on the part of the -41- employer or not, such payment shall be construed to be damages within the terms of the preceding paragraphs of this article. 5. All claims for personal injuries or property damages arising that are asserted against or affect both parties shall be dealt with by the parties jointly; provided, however, that in any case in which the preceding paragraphs impose a joint liability upon both parties and where the claimant desires to settle any such claim upon terms acceptable to one of the parties but not to the other, the party to whom said terms are acceptable may, at its election, pay the other party one-half (1/2) ofthe expense which such settlement would involve, and thereupon the other party shall be bound to protect the party making such a payment from all further liability and expense on account of such claim. 6. In the adjustment between the parties of any claim for personal injuries or property shall include, in addition to the amount paid to the claimant, all proper expenses incurred by the parties, but shall not include attorneys' fees. 7. The terms ofthis section are. not intended to include damages on account of cutting or trimming trees. ARTICLE XVI DEFAULTS Ifthe "licensee" shall default in any ofits obligations under this agreement, and such default shall continue thirty (30) days after notice thereofin writing from the "owner", this agreement and all individual joint use permits made under this agreement shall terminate and "licensee" shall remove its attachments on "owner' s" poles. If not SO removed, "owner" shall have the right to remove them at the cost and expense of"licensee": and without any liability and without any duty to account to "licensee" for the property removed. ARTICLE XVII ABROGATION OF EXISTING AGREEMENTS All existing contracts between the parties for the joint use of the poles covered by this agreement are hereby abrogated and annulled. All existing contacts of either party on the poles of the other as of the date of the execution of this agreement shall immediately be covered by this agreement. ARTICLE XVIII NOTICE Ifeither ofthe parties receives notice of any accident arising out of the use ofthe jointly operated facilities, which may result in a claim for damages to either, 7 -42- or both of the parties, the party SO receiving such notice shall immediately notify the other party SO that due investigation may be made. Notice to the City ofLa Grange, shall be addressed to 155 East Colorado Street, La Grange, Texas 78945, and notice to Fayette County ("Licensee"): shall be addressed to 119 W. Colorado Street, La Grange, TX 78945. ARTICLE XIX WAIVER OF TERMS AND CONDITIONS The failure of either party to enforce or insist upon compliance with any of the terms or conditions of the agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. ARTICLE XX EXISTING RIGHTS OF OTHER PARTIES If either of the parties has, prior to the execution of this agreement, conferred upon others; not parties to this agreement, whether by contract or otherwise, rights or privileges to use any poles covered by this agreement, nothing herein contained shall be construed as affecting said rights or privileges. Either party shall have the right under such contract or agreement, to continue such existing rights to privileges. For the purpose of this agreement, the attachments of any such outside party shall be treated as attachments belonging to the "owner." The right, obligations, and liabilities of the "owner" with respect to such attachments shall be the same as if it were the actual owner. These liability provisions are the same as those provisions set forth in ARTICLE XV of this agreement. Where governmental franchises or regulations require either party to allow the use of its poles for fire alarm, police or other governmental signal systems, such use shall be permitted under the terms oft this article. ARTICLE XXI THIRD PARTIES Nothing in this agreement is presumed to give either party exclusive rights to the exclusion of a third party or imply reserved rights on those poles ofthe other party not covered by specific permits in the form of Exhibit "A" attached. ARTICLE XXII GENERAL The above general terms and specifications are not, in themselves, intended to be a contract between the parties for joint use of any pole or poles, but it is contemplated that they will be incorporated in, and become a part of, the individual -43- joint use permits for the joint use of specified poles which will be entered into from time to time. This will be accomplished as follows: Whenever the parties reach an agreement that a certain pole, group ofpoles, or pole line, shall be jointly used, they will, through such representatives as they care to authorize, execute a separate permit in each instance and in the form of Exhibit "A" attached and made a part oft this agreement. ARTICLE XXIII TERM OF AGREEMENT This agreement shall be for a period of three (3) years from the date, and thereafter from year to year until terminated by either party by a written notice of termination to the other party not less than six (6) months prior to the end of any yearly period after the initial agreement period. ARTICLE XXIV ASSIGNMENT OF FRANCHISE Licensee may freely assign this agreement and/or the rights granted hereunder. Assignees shall have full rights and privileges herein granted. Signed this day of 2025. CITY OF LA GRANGE, TEXAS Jan Dockery, Mayor ATTEST: Janet Bayer, City Secretary APPROVED AS TO FORM: Maria Angela Flores Beck, City Attorney 44 Fayette County (Liensee/Company) By: Its County Judge ATTEST: Its Secretary ACKNOWLEDGMENT State ofTexas County ofFayette This instrument was acknowledged before me on 2025, by in her capacity of Mayor of the City of La Grange, Texas, on behalf of said city. NOTARY PUBLIC, STATE OF TEXAS ACKNOWLEDGMENT State ofTexas County ofFayette This instrument was acknowledged before me on 2025, by County Judge of ("Lieensee/Company", on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS -45-) EXHIBIT"A" Cost per Pole $10.00 XI Number of Poles = Annual Rental Date Effective Joint Use ofPoles at see attached map provided by "Licensee/Company" JOINT USE PERMIT (In which the General Joint Use Agreement adopted 2025 is incorporated by reference) APPLICATION The undersigned hereby applies for the right to use jointly with the City ofLa Grange, Texas, its poles located at see attached map provided by "Licensee/Company" as more specifically shown on the attached map, upon all the terms and conditions set forth in the "General Joint Use Agreement" adopted by the parties hereto on 2025. Said poles are described in the table on the reverse side hereof, which table also shows the space which the undersigned desires to have reserved. Date Signed Title PERMIT The undersigned hereby grants to the above-named applicant the right to use. jointly the poles referred to in the above application. Space reserved is as shown in the table on the back ofthis sheet. This grant is made upon all the terms and conditions set forth in the "General Joint Use Agreement" adopted by the parties hereto on 2025 which are hereby made a part hereof as fully as if set forth in full herein. Date Signed Title -46- GEG % La Grange City Council La Grange DEPARTMENT MEMO Staff Mary Goerig, Assistant City Meeting Date: May 12, 2025 Contact: Secretary Agenda Item: Regular Agenda # 6 E-mail: mgoerig@eilyotlg.com Phone: 979-968-5805 SUBJECT: Discuss and/or Consider Preliminary Subdivide Request from Margaret Rosenberg property located at 1105 E 71 Bypass. SUMMARY The City has received a replat request from property owner Margaret Rosenberg to subdivide a 30.132-acre tract located at 1105 E 71 Bypass into three separate tracts: Tract 1: 1.291 acres, to be purchased by Jimmy Dwigans and incorporated into his existing 9.7-acre parcel. Tract 2: 3.991 acres, to be purchased by Buster Hill and incorporated into his adjacent 0.3-acre lot. Tract 3: The remaining acreage, which will continue to be held by the property owner. Although the property lies outside the city limits, it is located within the City ofLa Grange's Extraterritorial Jurisdiction (ETJ), giving the City authority over the subdivision process. PRIOR ACTION/NPUT (Council. Boards. Committees) None RECOMMENDATION Staff recommends approval of the Preliminary Subdivide Request. Please note: Prior to Final Plat approval, the applicant will be required to: Address all outstanding technical comments provided by Freese and Nichols, the City's consulting engineer. Prepare and submit a formal subdivision plat in compliance with all State and City platting requirements, suitable for recording. FINANCIAL IMPACT None ATTACHMENTS Letter Request Subdivide map Eagle View of properties -47- March 28, 2025 La Grange City Council, I, Margaret Rosenberg, Ownes, am requesting the subdivision of some of my properly located at 1105 E. 71 Bypass, La Grange, TX - Legal description ABS. A071 MOORE J! H1/2 LG,30.14. ACRES,HSE, STGS. Jimmy Dwigans will purchase Tract 1 at 1.291 acres and Buster Hill will purchase Tract 2 at 3.991 acres. Please let me know if you need any additional information. Thanky you, 77 angout Margaret Rosenberg -48- PAGE 3 aF a * a "RAE SAR P np G3C u37 - ia SS s ra E 13 49IAMIE SEAE na uan & & € n 6 % ad Ens C : A ta rat Ctaas akat ls S vanane viatrihs E y ae Srer e es peta s u AS - aa anarha a LANET Cga aat nee a 3E Atcss s - daala da E E : Vas Caks - a e E und SRRSTAKRseN - la : : Sas aBat 7- 5S : : G - - - a at et abrehz adas 5 2 E a leu 4 E ROSENBERG REMAINDER F TRICT 3 24.853 AGRES E : a 3 3 - Era a - - D ay - FROROSSO PLAT SBOVING THE SURVEY AND ME DIVISION or A 50.152 ACRE TRACT TRACT 2 SITUATED IN THZ JOHN MCORE 1/2 leure 3.591 AS. E4GUE, A-71. B FAYETFE COUNTY, & TEAS AND DZING A POZTION oF THAT SAME TRACT DESCRIEED AS 33 ACRZS Peas IN A DSED FROAE NITA ROSENBERS TO Tu - RALPH ROSENBERG DATED DECEABEE 02 s a0, 1975 AND RECORDED IN VOLUNE 487. PAGE 312 OF THE DEED RPCORDS se SBAT OF FAVEITE COUNTY (DEzD). BEING FURFEER DESCRISED As A P0RTON OF TELAT SANE TRACT DESCRIBED AS 65.0 ACRES ZN A DEED 70 EDGAR - BOSENBERG RECORDED IN VOLUSE S43, t A PAGE 89 OF TAE DEED RECORDS OF FAYETTE COUNTY (DESC.) e * & - E le FRELMMS THS ET : E AEcc pcaur 5E - 2T C3 3 CR E s A E FLAL SLN 220AOSED a DMIGANS à a FACT SIATE C XS .231 acuy a PAITE 3 Ae, E A er Set Tus. - a - - tha a B - 4ac SPES 5 s : E he 5 C a - E Siand CutSS F er da - Cate - E6 e y Undia tASeT w 331 4 2 K s3 Sa NS socas t 1 A - P maay s3 -o UL Ei 65 : a - - - 4 S lea : e @ @ @ 6 E L RE @ @ @ a 33 @ 5 - ## EEEh mW e Kcez SARAH JG. STRELF 6, : inerass 43 taPs STABDAD LAKD EURVNY ELImV-ase CESIS-SE IES -49- 2025 Eagleview FAVETTE COUNTY9-1-1 ADORESSANG 33057 3305a ROSENBERG RALPH OWIGANS JIMMY KEST & MARGARET LaS SANDY 58683 PESICK STEPHEN EST & KATHY 38400 38402 38401 38396 HANNES LA& HILLJESSIE PESICK STEPHEN LOPEZJ JUSTIN AGNES EST II & JENIFER EST & KATHY &JESSICA SARALSO SV North Sarah Jo Street Tlast map : for infornatsonal purposes d my not have DEen peeparsd iord e bay Mianle for legal, engneer ng or La Grange, TX 78945 sureging purpuses Features depicted : :hs map do: nut tepeserit an onthe- goud survay ant ribresant anly the 0 25 50 Feet approumata relanive loca tios ofp proserty tounlanes, These prodects have haen podiced by Fayete County for the Fayette County -50-, ppose of Reapraplar reierence. Ho waranty s made by Fapatte Caunty fpardra pect. accuacy DE pleteness. FAVETTEK COUNTY: MAPPING (9701965-6169 Ce City Council DEPARTMENT MEMO La Grange Meeting Date: May 12, 2025 Staff Contact: Mary Goerig, Assistant City Item: Secretary Agenda Regular Agenda #7 E-mail: mgoeng@eiyotg.com Phome: 979-968-5805 SUBJECT: Discuss and/or Consider amending the fee schedule, Appendix C, to include Residential / Commercial Inspection / Plan Review Fees and Fire Code Inspection / Plan Review Fees. SUMMARY The City ofl La Grange has recently contracted with Arch Technical Services, LLC, doing business as ATS Engineers, Inspectors & Surveyors (ATS), to provide residential and commercial building inspection and plan review services. This includes fire code plan reviews and inspections as needed. The City is passing through the cost of these services with no markup on the fees. Residential Building Code Plan Review $80.00 flat fee each Remodels and/or projects equal to or less than 1,000 SF, Plan Review $65.00 New Submittals 5 day turn around; Revision re-submittals 3 day turn around Third Party Inspections / Re-inspections (Residential) - $65.00 each Commercial Building Code Plan Review Commercial plan review fees will be determined based on permitting information or building valuation as per International Code Council's most recent valuation chart. Commercial and Multi Family Construction plan review: $1.00 to $50,000 - $100.00 $50,001 to $100,000 - $100.00 for the first $50,000 plus $3.50 for each additional $1,000 $100,001 to $500,000 - $275.00 for the first $100,000 plus $2.25 for each additional $1,000 $500,001 to $1,000,000 - $1,175.00 for the first $500,000 plus $1.50 for each additional $1,000 $1,000,001 and UP - $1,925.00 plus $0.95 for each additional $1,000 New Submittals 15 business day turn around; Revision re-submittals 10 business day turn around Third Party Inspections / Re-inspections (Commercial) - $75.00 each -51- Commercial and Multifamily Fire Code Plan Review $200.00/hour. One hour minimum required. An estimated cost can be requested for each project prior to review completion. Revision reviews are $175.00/hour with one hour minimum. The typical turnaround time is 10 business days for initial and subsequent reviews. Typical Review types and average time: Building (2-3 hours), Site (1-2 hours), Sprinkler (2 hours), Alarm (2 hours), Commercial Kitchen Hood Suppression System, and Storage Tanks. Inspections $390.00 each for the 1st hour. Time in excess of 1 hour is $200.00/hour. Reinspection" 0 are at the same rates. Typical Inspections include: Sprinkler Hydro/Visual (4-5 hours), Sprinkler (2 hours), Alarm (2 hours), Firewall (2 hours), Final Fire (3-4 hours). Other inspections include Certificate of Occupancy (1 hour), Annual Fire Safety (1 hour), and Site underground mains (1 hour). Single Family Residential Fire Code Plan Review $175.00/hour. One hour minimum. Revision reviews are $175/hour with one hour minimum. Residential Inspections $350.00 each. Reinspection's are at the same rate. Fire Code Consultation Services $175.00/hour. PRIOR ACTION/NPUT (Council, Boards, Committees) None RECOMMENDATION Staffrecommends approval ofthe fee schedule. FINANCIAL IMPACT Most of the costs are passed through to the applicant. ATTACHMENTS None RS-111808- -52- Pg. 2 of2 La Grange Police Department Monthly Report APRIL 2025 CALLS FOR SERVICE April YTD VIOLATIONS April YTD April WARNINGS YTD WARNINGS CITATIONS CITATIONS Alarms 37 108 Alcohol Related 1 8 0 0 Assaults 2 8 Parking 0 0 0 0 AGENCY ASSIST 3 30 Drug Related Violations 0 2 0 U BURGLARY 2 4 Drivers License 12 30 1 1 CRIMINAL MISCHIEF 1 6 CELLPHONES 0 1 0 0 CITIZENS ASSIST 7 28 No Insurance 8 25 0 0 CPS/APS 5 17 License Plate Violations 0 0 0 0 CIVIL MATTERS 9 35 Minor Related 0 2 0 0 DISTURBANCES 8 21 Motor Vehicle 0 0 0 1 VEHICLE BURGLARY 0 1 Ordinance Violations 0 4 0 1 FRAUD 3 4 Red Light/Stop Sign 4 11 7 2 ESCORTS 12 53 Right of Way Violations 3 8 0 9 Harassment 2 5 Signal Intent/Turning 0 0 0 0 INQUEST 1 4 School Zone Violations 15 32 3 10 JUVENILE COMPLAINTS 6 16 Seat Belt Violations 1 1 0 0 LMHA 3 16 Lane Violations 2 9 0 1 SUSPICIOUS PERSON 7 20 Speeding 18 65 7 31 SUSPICIOUS VEHICLE 2 24 EQUIPMENT 4 6 4 37 THEFT C AND ABOVE 3 19 EXPIRED REG 27 78 10 25 WELFARE CONCERNS 14 40 Total 95 282 32 118 ABANDONED VEHICLES 7 24 ACCIDENTS April YTD Reckless Driving 2 11 Minor 5 18 DOC/LOUD NOISE 5 8 Major 11 42 Total 141 502 Total 16 60 ANIMAL CONTROL April YTD ANIMAL CONTROL 38 151 FUNERAL ESCORTS 4 17 BUSINESS CHECKS 52 205 PUBLIC RELATIONS 4 15 TRESPASSING 3 16 Calls for Service 299 1108 FAMILY VIOLENCE 6 20 Total 406 1532 ARRESTS April DRIVING WHILE INTOXICATED 2 STOLEN VEHICLE 1 WARRANTSS SERVED 6 POSSESSION OF MARIJUANA 1 Possession of Controlled Substance J Total 10 CRIMINAL INVESTIGATIONS DIVISION April YTD ACTIVE CASES 6 21 6 21 -55- TA GRANGE Casssar DEEVENTS & TKsSE April 2025 Visitors Bureau Report Tourism 680 Guests visited the Visitor's Bureau 33 Mail brochure requests from TourTexas.com 7,104 Visitor' Bureau Email list 450 pieces ofVisitor's Center literature distributed to businesses/kiosks in La Grange. 600 pieces of Visitor's Center literature distributed to other VB's and TX Dot centers. Gift Shop Net Sales - $623.48 Tourism Grant Program Applications reviewed - 10 total Revisions to the Tourism Grant Program Historic Casino Hall 4/2- = Blood Drive 4/5 - Fayetteville ISD Prom 4/10 - Luncheon 4/14-17 = EMS Training 4/23 - LGISD Academic Banquet 4/26 - RTC ISD Prom Main Street Program Quarter 1 Reporting submitted on April 24th Deborah Bradley and Fernando Gutierrez appointed to the Main Street Advisory Board Movie Nights on the Square - set for May 30th and June 6th with movies as voted on by the public: May 30th - Cars June 6th - Moana 2 Attended the Main Street Now Conference from April 6th to April 10th Economic Development Special EDC Board Meeting: April 1st, 2025 Regular EDC Board Meeting: April 15th, 2025 Spring 2025 University Oklahoma Economic Development Institute: April-May 2025 -56- LIBRARY - MUSEUMIARCHIVES DIRECTOR'S REPORT April 2025 Fayette Public Library Statistics Adult Library Circulation 1,608 E-book Library Circulation 453 Juvenile Library Circulation 575 Reference Questions Answered 1,012 Total Library Circulation 2,183 New library card Reg. 15 Library Report/Activities There were four Storytimes in April and 116 people attended Yoga and sound bath were offered twice and 15 people attended 12 adults attended Crafternoon on April IQth 12 People attended Family Movie Night 75 people participated in the monthly scavenger hunt The Annual Book Sale took place April 26th - 27th Archives & Museum Report/Activities 43 people visited the Museum and Archives in April The Gift Shop collected $567.00 in book sales and donations 25 people attended Alan Hoffman's program on Lafayette's Farewell on April 17th The Luck & Loessin Collection Trust donated funds to purchase two book trucks. Additionally, on April Sth, the Trust donated a small Waldine Tauch bronze sculpture of a Native American in full headdress. Future Activities - See Attached Calendar for All Events Weekly Storytime every Wednesday at 10:15am Adult Computer Class on May 3rd from 10:00 = 12:00pm LMA Advisory Board Meeting on May 6th at 5:15pm Adult Crafternoon will take place on May gth from 4:00-6:00pm Family Movie Night will show Lilo & Stitch on May 15th at 4:30pm Yoga and Sound Bath will take place on May 27th Items donated to the Archives/Museum 4/1/2025 Louis F. Nitschke's bunny C 1930, religious certificates by Susan Kohleffel 4/4/2025 Nitschke, Ripple & Elsik family photographs, documents, etc. by Susan Kohleffel 4/5/2025 Waldine Tauch bronze by Luck & Loessin Collection Trust clo Jon Todd Koenig 4/9/2025 Tell Family Graves research by Carolyn Heinsohn 4/15/2025 Texas history books by Greg Walker 4/16/2025 Confirmation photo by Gesine Koether 4/22/2025 Schueddemagen, Bauer, Francke, Romberg photographs, research materials, books by Jeanette McCollum 4/22/2025 1997 Leopard Spots by Jennifer Boening 4/23/2025 Goliad Remembered 1836-1940 came unsolicited in mail 4/23/2025 Mulberry box made from tree in Old La Grange Jewish Cemetery by Michard Birchard -57- ( E - a 6 / 2 a -58- RANDOLPH RECREATION CENTER - VFW HALL - BALL FIELDS MONTH: APRIL 2025 Recreation Center Date Building/locations & Groups 1249..51812234239 Apr - Tumbling/Gymnastics 4:30-7:30pm 7,14,21,28 Apr Chess Lessons - Bldg C- 5-6:30pm 1,8,15,22,29 Apr Bridge Day Bldg A - G/R - 12:30-4:30pm 1,8,15,22 Apr Square Dancers WGym- 6-9pm 2-Apr LGLL - Bldg D. - 6-8:30pm 9,16,23 Apr Priv Rental - WGym - 5:45-7:30pm 3-Apr Cards Nite - Bldg A-Q/R 6-9pm 3-Apr Senior Citizen Mtg/Luncheon 9am-2pm WGym 5-Apr EASTER EGG Hunt - WR Park 9-11am 10,14 Apr PEO-18+ - Bldg B - 8am-Noon 10,24 Apr Sr Games Day - Bldg D -9-11:30am 12-Apr Kappa - Bldg A-G/A 9-Noon 12-Apr Private Rental - Bldg B - 8-Noon 15-Apr CVQG - Board Mtg - Bldg A-G/A 1-3pm 15-Apr Juneteenth Mtg - Bldg B - 6:30-8pm 16-Apr Pickleball - WGym 9-11am 17-Apr Bluebonnet Lions - Bldg A-G/A 5-7pm 21-Apr Open Court - WGym 1-4pm 22-Apr CVQG - Mtg & Workshop - Bldg A-G/A 8am-4pm Exercise Room Open Daily 29-Apr Parks/Trails Tour - F/N - 9am-5:30pm 30-Apr Social Com. Mtg - Bldg A-G/A - 1:30-2:30pm Ball Fields Su/T/W 5-7pm & 6-8:30 - Select Teams- Fairgrds Flds 1 & 2 W - other 5:30-9pm - Baseball - Select - White Rock M/T/Th/Fr LGLL Spring Ball Games - All Flds Soccer Field Tues/Thurs 6-10pm Adult Soccer VFW Hall 5-Apr Private Rental - 8am-11:30pm 9-Apr American Legion - Audit/10am 15-Apr VFW Post Mtg 22-Apr VFW Post Mtg 24-25-26-27 Apr MS150 Rental Pool CLOSED -59- SplashPad Closed Playground OPEN for Play! -60- - 3 3 1 0 0 o 1 0 B 0 0 a 3 0 o 0 5 5 1 0 0 3 - o 0 - E 2 -61- Monthly Permit Report 4/1/2025 - 4/30/2025 City of La Grange Projects # of Permits Permit Fees Building Permits 13 $3,193.50 Electrical Permits 8 $522.00 Gas Permits 3 $179.00 Mechanical Permits 4 $354.50 Plumbing Permits 8 $741.50 TOTALS 36 $4,990.50 -62-