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REALTY, INC.
VIA TELECOPIER #764-3496
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September 26, 1995
Ms. Veronica Morgan
City of College Station, Development Services
1101 Texas Avenue
College Station, Texas 77840
RE: Woodcreek Subdivision -Amendment to Franchise Agreement
Dear Veronica:
In accordance with our telephone conversation yesterday, enclosed is a "mark-up" of the
proposed Ordinance draft relative to the referenced matter. 1 have indicated on the enclosed mark-
up those changes which should be made to the draft form.
The following comments apply with respect to the requested. revisions:
1. Amberlake Homeowners' Association, Inc. ("Amberlake") should be the named
franchisee. Pursuant to an Assignment of Franchise Rights dated January 1, 1993,
~ ~ ~ a copy of which is enclosed for your reference, all rights and obligations under
~~ ~ ('Q, ~ Ordinance No. 1991 were conveyed to and assumed by Amberlake. A copy of the
Dy' enclosed Assignment of Franchise Rights was delivered to Mr. Neal Coates, at the
City of College Station, on January 20, 1993.
2. The draft Ordinance did not include Exhibit A, the description of the area to be
covered by the Ordinance. I understand from our discussions that this description
will include the entire Woodcreek area, including th 1 ,
Sections 4, 5, 6, and 7. .~-f -d,c~ '(~~ " ~~ ~ •'~ ~• 's~~
3~ The "Signage" definition should be revised to permit street names to be included as
well as subdivision identification.
4. The insurance requirements should be ced, as set forth in Section 17.1. These
reduced limits are consistent ~ ose which were approved by the City and set
forth in Ordinance 1991. ~~~~~-~z~ q~2~~6
c>~I•~ s ~~ ~ 1 ~:~l~~sk.
1111 Briarcrest Drive /Suite 300 /Bryan, Texas 77802 / (409) 776-1111 /Fax (409) 776-6288
Sales Office: 1008 Woodcreek Drive /College Station, Texas 77845 / (409) 696-5688 /Fax (409) 693-3469
Ms. Veronica Morgan
September 26, 1995
Page 2
Please give me a call after you have had a chance to review the enclosed items. I do not
believe that any of the requested changes should be controversial.
Thanks for your help, Veronica.
Sincerely,
Paul S. Darmitzel
PSD/sc
Enclosure
cc: Keith H. Kuttler (w/encl.)
PAUL S. DARMITZEL ~°° ~ ~ ~.
ATTORNEY AT LAW
FACSIMILE 1111 BRIARCREST DRIVE, SUITE 300 TELEPHONE
409-776-1111
409-776-6288 BRYAN, TEXAS 77802
CONFIDENTIALITY NOTICE
The documents accompanying this telecopy transmission contain confidential information which is legally
privileged. The information is intended. only for the use of the recipient named below. If you have received
this telecopy in error, please immediately notify us by telephone to arrange for return of the telecopied
documents to us. You are hereby notified that any disclosure, .copying, distribution, or the taking of any
action in reliance on the contents of this telecopied information is strictly prohibited.
FAX COVER SHEET
PLEASE DELIVER IMMEDIATELY
TO: Veronica Morgan
FAX NO. 764-3496
FROM: Paul S. Darmitzel
DATE (TIME): September 26, 1.995 (10:40am)
NUMBER OF PAGES: 12 (INCLUDING. THIS COVER SHEET)
SUBJECT: Woodcreek Subdivision -Amendment to Franchise
Agreement
MESSAGE: Faxed herewith is letter of even date with enclosures
stated therein.
PLEASE INFORM SUSAN (4Q9/776-1111). IF ANY PAGES
ARE MISSING OR IMPROPERLY RECEIVED.
~ _, 3
Regular Item
Consent Item
Statutory Item
Ends Statements /Strategic Issues:#8,-.Civic Pride
Item:Pub(ic hearing and consideration of the first of 3 readings of an ordinance
amending ordinance #1991 granting a franchise to TAC Realty to own and
operate irrigation. systems, lighting and to erect and maintain subdivision
signage in the Woodcreek Subdivision, within City rights-of-way.
Item Summary:TAC Realty currently has a franchise agreement with the City
of College Station to place irrigation systemswithin the rights-of-way of certain
designated streets within the Woodcreek Subdivision. Last year, TAC Reaity
placed subdivision signs, without the benefit of permits, in islands in Lake
Forest'Court North and South streets. Staff approached the applicant about
the signs to inform them of three concerns:
1. the signs did not meet zoning setback requirements of 10' behind the right-
of-way Tine,
2. there have been no sign permits. issued or requested, and
3. the signs and other associated improvements have become a liability and
maintenance burden on the Gity.
~:
The applicant requested to go to the ZBA to apply for a variance to the sign
regulations, to allow the signs within the public right-of-way.. The ZBA granted
the variance to allow the signs to exceed the zoning setback requirements, but
expressed concern regarding the maintenance issue. The applicant is now
trying. to install irrigation,. lighting .and landscaping in the islands to accompany
the signs. and to provide maintenance for all existing and proposed
improvements. This franchise amendment will allow them to do that.
The amendment also takes a different .approach to permitting these type of
improvements in the. Woodcreek Subdivision." Rather than name specific
streets and locations for these improvements, staff has. attached an exhibit of
the master preliminary plat of Woodcreek to define the locations. The
franchise then requires.that prior to any improvements being placed within any
right-of-way on this plat, that staff approve a utilities and facilities layout plan
denoting locations and construction details. This staff approval. wi11 then allow
future improvements to be made without further readings of a franchise
amendment.
Financial Summary:The franchisee within the ordinance agrees to pay a one-
time fee of $500.00 and an annual fee of $50.00.
Staff Recomrnendation:Staff recommends granting the amendment to the
franchise agreement.
City Attorney Recommendation: This franchise amendment is in
accordance. with state law and city charter requirements.
Council Action Desired:Approve or deny the ordinance amending the
franchise.
Supporting Materials:
1. Draft ordinance