HomeMy WebLinkAbout05/14/2012 - Regular Agenda Packet - City CouncilTable of Contents
Agenda 3
Consent No. 2a - Minutes
Coversheet revised 6
April 26 Workshop 7
April 26 Regular 11
Consent No. 2b - Adoption of the Section 3 Implementation Plan
and Administrative Guide
Coversheet revised 22
Section 3 Action Plan 23
Resolution 60
Consent No. 2c - Brazos Valley Wide Area Communications
System FY 13 Draft Operating Budget
Coversheet revised 61
Draft BVWACS FY 13 Operating Budget 62
Consent No. 2d - Intergovernmental Cooperative Purchasing
Agreements with National IPA, National Joint Powers Alliance &
U.S. Communities
Coversheet revised 63
National IPA Cooperative Agreement 64
National Joint Powers Alliance Cooperative Agreement 66
US Communities Cooperative Agreement 68
Consent No. 2e - Renewal of Hot Mix Asphalt Price Agreement
Coversheet revised 84
Renewal Letter 85
Regular No. 1 - Annual Report of the Youth Advisory Council
Coversheet 1 89
Regular No. 2 - Public Hearing on the Seven Seventeen
Development – Public Utility Easement Abandoment
Coversheet revised 1 90
Map 91
Map 2 92
Ordinance 93
Ordinance Exhibit 95
Regular No. 3 - Residential Utility Deposit/Commercial
Delinquent Fee Increase Presentation
Coversheet revised 2 99
Ordinance 100
Criteria 103
Regular No. 4 - Naming Policy for City Facilities and Sub-
facilities
Coversheet revised 1 104
1 - Guidelines for Naming Public Facilities (April 2004)105
2 - Naming of City Facilities & Sub-facilities 107
3 - City Dedication Plaque Policy - REVISED 111
1
4 - Personal Memorials on City Property 115
2
Mayor
Nancy Berry
Mayor Pro Tem
Dave Ruesink
City Manager
David Neeley
Council members
Blanche Brick
Jess Fields
Karl Mooney
Katy-Marie Lyles
Julie M. Schultz
Agenda
College Station City Council
Regular Meeting
Monday, May 14,2012 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted
Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should
be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer
alarm will sound after 2 112 minutes to signal thirty seconds remaining to conclude your remarks. 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. Comments should not personally attack
other speakers, Council or staff.
Consent Agenda
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public
hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration
forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals
who wish to come forward to speak for or against the item. The speaker will state their name and address for
the record and allowed three minutes. A timer will sound at 2 112 minutes to signal thirty seconds remaining for
remarks.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping" items required by law. Items may be removed fi-om the consent agenda by majority vote of the
Council.
a. Presentation, possible action, and discussion of lninutes for:
April 26, 2012 Workshop
April 26, 2012 Reg~~larCouncil Meeting
b. Presentation, possible action, and discussion regarding the adoption of the Section 3 Plan Implementation
Plan and Administrative Guide to comply with 24 CFR, Part 135 of the United States Department of
Housing and Urban Development Section 3
City Council Regular Meeting Page 2
Monday, May 14, 20 1 2
c. Presentation. possible action, and discussion regarding approval of the Brazos Valley Wide Area
Communications System (BVWACS) Operating Budget for FY 13 and authorizing the City's quarterly
payments of approximately $52,976 for an annual total of $2 1 1,904.
d. Presentation, possible action, and discussion regarding participation in Intergovernmental Cooperative
Purchasing Agreements with National Intergovernmental Purchasing Alliance (NIPA), National Joint
Powers Alliance (NJPA) and U.S. Communities Government Purchasing Alliance (U.S. Communities)
and authorize the Executive Director of Business Services to apply for membership online on their
website(s).
e. Presentation, possible action, and discussion regarding the 2nd renewal of bid #I 1-69 to Knife River to
provide a six month agreement for the purchase of Type D Hot Mix Asphalt for the maintenance of streets
in an amount not to exceed $630,000 ($63.00 per ton), and authorizing the City Manager to execute the
renewal agreement on behalf ofthe City Council.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing
shall register with the City Secretary prior to the Mayor's reading of the agenda item. The Mayor will
recognize you to come forward to speak for or against the item. The speaker will state their name and address
for the record and allowed three minutes. A timer will sound at 2 112 minutes to signal thirty seconds remaining
for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register with the
City Secretary prior to the Mayor's announcement to open the public hearing. The Mayor will recognize
individuals who wish to come forward to speak for or against the item. The speaker will state their name and
address for the record and allowed three minutes. A timer alarm will sound at 2 112 minutes to signal thirty
seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public
comments. If Council needs additional information from the general public, some limited comments may be
allowed at the discretion ofthe Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item, the individual may complete the registration form provided
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Presentation, possible action, and discussion regarding the annual report of the Youth Advisory Council.
2. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and
abandoning a 0.1444 acre, 20-foot wide public utility easement recorded in Volume 2 163 Pages 223-225
of the Official Records of Brazos County, Texas, and located along the southwest property line of a
parcel of land situated in the J.E. Scott League, Abstract No. 50, and being an 0.986 acre tract as
described by warranty deed recorded in volume 7609, page 150 of the Off~cial Records of Brazos
County, Texas.
3. Presentation, and discussion regarding a proposed ordinance amending Chapter 11, "Utilities" Section
11-1, "General Provisions", sections B-D and K of the Code of Ordinances of the City of College
Station, Texas, having the effect of raising utility deposit amounts for residential Utility customers and
raising the delinquent fee amount for commercial customers.
City Council Regular Meeting Page 3
Monday, May 14, 201 2
4. Presentation, possible action and discussion regarding a reco~nmendation for revision to the -Naming
Policy for City Facilities and Sub-facilities.
5. Adjourn.
If litigation issues arise to the posted subject matter ofthis Council Meeting an executive session will be held
APPROVED:
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
held on the Monday, May 14, 201 2 at 7:00 PM at the City Hall Council Chambers, 1 101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda.
Posted this 1 1 th day of May, 2012 at 5.00 p.m.
I, the undersigned, do hereby certifj that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said
notice on the bulletin board at City Hall, 1101 Texas Avenue. in College Station, Texas, and the City's website,
www.cstx.~ov. The Agenda and Notice are readily accessible to the general public at all times. Said Notice
and Agenda were posted on May 11, 2012 at 5:00 p.m. and remained so posted continuously for at least 72
hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the following
date and time: by
Dated this day of ,2012 By
Subscribed and sworn to before me on this the day of ,2012.
Notary Public -Brazos County, Texas My commission expires:
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made
48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on
www.cstx.~ov. Council meetings are broadcast live on Cable Access Channel 19.
May 14, 2012
City Council Consent Agenda Item No. 2a
City Council Minutes
To: David Neeley, City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion of minutes for:
· April 26, 2012 Workshop
· April 26, 2012 Regular Council Meeting
Attachments:
· April 26, 2012 Workshop
· April 26, 2012 Regular Council Meeting
6
WKSHP042612 Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
APRIL 26, 2012
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Jess Fields
Karl Mooney
Katy-Marie Lyles
Julie Schultz
Dave Ruesink
City Staff:
David Neeley, City Manager
Kathy Merrill, Deputy City Manager
Frank Simpson, Deputy City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
1. Call to Order and Announce a Quorum is Present
With a quorum present, the Workshop of the College Station City Council was called to order by
Mayor Nancy Berry at 5:00 p.m. on Thursday, April 26, 2012 in the Council Chambers of the
City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
2. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney,
§551.072-Real Estate, and §551.086-Competitive Matters, the College Station City Council
convened into Executive Session at 5:00 p.m. on Thursday, April 26, 2012 in order to continue
discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to
wit:
7
WKSHP042612 Minutes Page 2
· City of Bryan's application with TCEQ for water & sewer permits in Westside/Highway
60 area, near Brushy Water Supply Corporation to decertify City of College Station and
certify City of Bryan
· Chavers et a1 v. Tyrone Morrow et al, No. 10-20792; Chavers v. Randall Hall et al, Case
No. 10 CV-3922
· College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023
· Shirley Maguire and Holly Maguire vs. City of College Station, Cause No. 11-0025 16-
CV-272, in the 272nd District Court of Brazos County, Texas
B. Deliberation on the purchase, exchange, lease or value of real property; to wit:
· Property located generally southwest of the intersection of Dartmouth Street and
Holleman Drive in College Station
C. Deliberation whether to vote or take final action on a competitive matter; to wit:
· Power Supply
The Executive Session adjourned at 5:50 p.m. on Thursday, April 26, 2012.
3. Take action, if any, on Executive Session.
No action was required from Executive Session.
4. Presentation, possible action, and discussion on items listed on the consent agenda.
Item 2j was pulled for additional clarification. Councilmember Fields also requested that 2h be
pulled for a separate vote at the Regular Meeting.
2j: Chuck Gilman, Director of Capital Projects, reported on the status of the landscape
maintenance service contracts. The City has reduced costs from $497,000 in 2009 to $459,000
in 2011. Base cuts were increased from ten to eighteen, and we added 26 park sites. Six
positions were also eliminated.
5. Presentation, possible action and discussion regarding approval to use Hotel Occupancy
Tax funds for Phase I of the Wayfinding Program implemented by the Bryan-College
Station Convention and Visitor's Bureau.
Frank Simpson, Deputy City Manager, reported that the Master Plan by Corbin was initiated in
2005 with final submittals in 2008 but was never implemented. Recent efforts took off from the
2008 Corbin plan but with a few modifications and a phased approach. An RFP for
implementation was issued February 13, 2012. Four proposals were received, and two firms
were interviewed; National Sign Plazas (NSP) was selected. Phase 1 includes eleven
destinations with approximately 150 signs. NSP will oversee the development, installation, and
maintenance of the signs. The actual contract is between the BCSCVB and NSP with an
anticipated September completion before the first football game. The eleven destinations are
Texas A&M University, George Bush Library, Brazos County Expo (Bryan), Veterans Athletic
Park, Central Park, Blinn College (Bryan), Bryan Regional Athletic Park (Bryan), Northgate
8
WKSHP042612 Minutes Page 3
Entertainment District, Historic Downtown Bryan (Bryan), Wolf Pen Creek District, and the
BCSCVB Visitor Center. The proposed Phase 1 budget is $400,000 using the HOT fund
balance, with a proportionate HOT tax funding from each city. The City of College Station’s
share is $256,000. If City Council approves this request for a funding commitment, then a
FY2012 budget amendment will be brought back at a future meeting for City Council approval.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Ruesink, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields
voting against, to approve the request for a funding commitment. The motion carried.
6. Presentation, possible action, and discussion regarding current development activities in
the Northgate area.
Bob Cowell, Executive Director of Development Services, updated the Council on the Northgate
Area development. Northgate is intended to be the City’s most urban area and entertainment
district. Land uses are to be urban, high-density, and mixed-use because the students are located
in such close proximity to campus. There have been numerous public improvements, such as the
promenade, parking lot/garage, and waterlines. There has also been a significant private
investment in development for an estimated new construction value of $240 million. He
provided an overview of five projects: The Plaza, The Stack, TAMU System/American Campus
Communities, 717 University Drive, and 1st Street property. The development is aligned with
the adopted city goals and policies, and capitalizes on previous City investments and helps to
eliminate blighted conditions. Some implications include increased demands on police, fire,
water, wastewater along with increased traffic.
At 7:03 p.m., a motion made by Councilmember Fields and a second by Mayor Berry, the City
Council voted seven (7) for and none (0) opposed, to postpone the remainder of the meeting until
after the Regular Meeting. The motion carried unanimously.
The Workshop reconvened at 10:20 p.m.
7. Presentation, possible action and discussion regarding a recommendation for revision to
the Naming Policy for City Facilities and Sub-facilities.
This item was postponed to the next workshop.
8. Council Calendar
· April 27 Retirement Reception - Assistant Chief Larry Johnson at Central Baptist
Church – Family Life Center - 1991 FM158, 3:00 p.m.
· May 3 P&Z Workshop/Meeting in Council Chambers at 6:00 p.m. (Blanche Brick,
Liaison)
· May 10 2012 Hospitality Celebration "Hometown Heroes" at Christopher's World
Grill, 1 1 :30 a.m.
· May 14 City Council Executive/Workshop/Regu1ar Meeting at 5:00, 6:00 and 7:00
p.m.
9
WKSHP042612 Minutes Page 4
· May 15 Ribbon Cutting Ceremony - Reclaimed Water Program, 3:00 p.m.
Council reviewed the Council calendar.
9. Presentation, possible action, and discussion on future agenda items: a Council Member
may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall
be limited to a proposal to place the subject on an agenda for a subsequent meeting.
No future agenda items were requested.
10. Discussion, review and possible action regarding the following meetings: Animal
Shelter Board, Arts Council of the Brazos Valley, Arts Council Sub-committee, Audit
Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Brazos County Health
Dept., Brazos Valley Council of Governments, Brazos Valley Wide Area Communications
Task Force, BVSWMA, BVWACS, Cemetery Committee, Code Review Committee,
Convention & Visitors Bureau, Design Review Board, Historic Preservation Committee,
Interfaith Dialogue Association, Intergovernmental Committee, Joint Neighborhood
Parking Taskforce, Joint Relief Funding Review Committee, Landmark Commission,
Library Board, Metropolitan Planning Organization, National League of Cities, Outside
Agency Funding Review, Parks and Recreation Board, Planning and Zoning Commission,
Research Valley Partnership. Regional Transportation Committee for Council of
Governments, Signature Event Task Force, Sister City Association, TAMU Student Senate,
Texas Municipal League, Transportation Committee, Zoning Board of Adjustments.
Mayor Berry reported on BVSWMA. They are reviewing their bylaws.
Councilmember Brick reported on the Lick Creek Nature Advisory Committee. They are
working with the consultants. She also reported on the Joint Neighborhood Parking Task Force.
The major issue is safety and will be the determining factor.
11. Adjournment
MOTION: There being no further business, Mayor Berry adjourned the workshop of the
College Station City Council at 10:24 p.m. on Thursday, April 26, 2012.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
10
RM042612 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
APRIL 26, 2012
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
Blanche Brick
Jess Fields
Karl Mooney
Katy-Marie Lyles
Julie Schultz
Dave Ruesink
City Staff:
David Neeley, City Manager
Kathy Merrill, Deputy City Manager
Frank Simpson, Deputy City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
Call to Order and Announce a Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called to
order by Mayor Nancy Berry at 7:04 p.m. on Thursday, April 26, 2012 in the Council Chambers
of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
1. Pledge of Allegiance, Invocation, consider absence request.
Presentation of proclamation proclaiming May as Motorcycle Safety and Awareness
Month.
Mayor Berry presented a proclamation proclaiming May as Motorcycle Safety and Awareness
Month to Jeffrey Francis with the Iron Wolf Motorcycle Club.
Presentation, possible action, and discussion proclaiming Pediatric Stroke Awareness
Month.
11
RM042612 Minutes Page 2
Mayor Berry presented a proclamation proclaiming Pediatric Stroke Awareness Month to Natali
Ocampo, whose younger sister suffers from cerebral palsy as a result of a stroke she suffered
prior to her birth.
Citizen Comments
Michael Gerst, 3923 Hawk Owl Cove, stated that his home is adjacent to Lick Creek and was the
major reason he purchased at this location. Over the years, he has paid close attention to the
flood plain along the creek. He provided pictures of the proposed route when it was flooded and
stated that Lick Creek floods extensively. The path will be troublesome from a maintenance
viewpoint and will cost the City time, money and effort. He is also concerned that the clearing
of 25’ of trees will de-stabilize the ground. No base line data has been established. No one
knows what the proposed path will do with flooding. He is not confident that the path will not
cause more flooding.
Roland Garza, 1809 Springbrook Estates, stated that many in the neighborhood bought here for
the privacy along the greenbelt. The HOA said the greenbelt would never be developed, and
they relied on these rules to buy their homes. It is absurd to pay millions of dollars for a trail
when there is already a trail nearby. More people using the proposed path also mean more
serious security issues. There is too much dissention within the neighborhood and too much
unknown. Homeowners will have the real burden of increased crime and loss of property value.
Ann Gundy, 1720 Starling, said she was assured by her realtor this would remain a greenbelt. In
2010, she shared her concerns with P&Z and the Council. This is not a good plan for the
neighborhood. This is a duplication of services and has safety issues.
Carmen O’Neal, 3917 Hawk Owl Cove, said she is the mother of small children, and her
property is adjacent to the greenbelt. It provided added security. The bylaws say the greenbelt
will remain the property of the HOA. If a trail goes in, it is no longer secure. At this time, there
is very little traffic. Those that do use the greenbelt belong to the HOA. Crime will increase, and
the safety of children will decrease. It is also not a convenient trail for children to ride bikes
through the greenbelt on their way to school.
Stuart Allison, 3932 Oriole, reported he was promised the trail would not proceed beyond the
30% point until a feasibility study was completed. He stated the City has serious obstacles to
overcome if it wants to develop the greenway path. The vote to allowing the HOA to divest
itself of the land was tainted. There was no opportunity to speak to the question and challenge
the process or make motions or make changes. They censored input from the “creek backers”.
To spend $4 million in times of high fiscal constraints is ludicrous and irresponsible. It makes
more sense to use the money to fix existing drainage problems.
William E. Hauck, 3930 Hawk Owl Cove, stated he is thankful his property does not back up to
the greenbelt. His concern is with the devaluation of his property. Local realtors say the homes
will lose 10-20% of their market value. If a trail is built, the City will lose revenue due to the
decreased value. He is also concerned with flooding. A 25’ concrete path will increase flooding.
With a back door access, crime will increase and will further decrease prop value. He asked if
12
RM042612 Minutes Page 3
bonds have not been sold, how will the City finance shortages? There are no additional plans for
patrolling. They will have to wait for a break in or an assault. There has been no hydrology
report. This is ill-conceived, poorly planned, and questionably legal. He asked the Council for a
moratorium.
K. Patrick Mahoney, 1709 Cardinal, said the current HOA board members were elected to give
land to the City. An election was held without any negotiation with the “creek backers”. They
were asked to vote to give up the land without any commitment from the City as to what would
happen to the land. He asserted that this is his backyard.
Kay McCulloch, 3910 Puffin Way, said she, along with her neighbors, fell in love with the
beauty and serenity of the greenbelt, which is owned by all the homeowners of the HOA. The
bylaws said the greenbelt would be kept in its natural state and never be maintained by the City.
City planners who have coveted the land have, along with the HOA board, planned to put in a
trail for select group of hike/bikers. In a flood plain, this trail will be useless for long periods of
time. There are three alternative trails nearby. Homeowners will be afflicted with a parade of
people, some dangerous. She asked the Council to refuse ownership of this property.
Marcy Halterman-Cox, 1807 Springbrook, spoke against the project, stating the HOA does not
speak for her or the other 69 homeowners that voted against this.
Jerod Wilson, 3919 Puffin Way, read a letter from Steve O’Neal, 3917 Hawk Owl Cove. It
stated the City had the opportunity to save money, require no construction, save trees, prevent
man-made flooding, prevent additional City liability for safety, minimize City maintenance, and
keep the HOA from ripping itself apart. Mr. O’Neal has been involved with the Lick Creek trail
project for the past five years, serving on the CIP bond committee and representing the citizens
with property backing up to the greenbelt on the HOA Lick Creek Committee. The creek-
backing members of the committee were saddened by the biased actions of the HOA in the
recent vote. The actions of the board created a rift in the HOA that will take a long time to heal.
He asked why anything should be done to this section of the trail. There are multiple existing
facilities already being used and accomplishing what the trail is supposed to do.
Richard Simon, 3946 Parrot Cove, stated the Board does have the right to convey this. The
Board put together the Lick Creek Committee.
Gary Ives, 3943 Blue Jay Court, President of the Springbrook HOA, stated the HOA is
disappointed that some of the homeowners are unhappy. He noted that 87% of the 196
homeowners were represented at the meeting. The vote carried by a 17% margin. The Board
was careful to follow HOA rules and state law. Following the recent election, the Board asked
the advisory committee to stay in place so that different viewpoints could still be heard. The
HOA represents all homeowners of the neighborhood.
Sara Lyford, 701 W. University, provided written comments, attached.
CONSENT AGENDA
13
RM042612 Minutes Page 4
2a. Presentation, possible action, and discussion of minutes for:
· April 12,2012 Workshop
· April 12,2012 Regular Council Meeting
2b. Presentation, possible action, and discussion regarding approval of Resolution 04-26-
12-2b, declaring intention to reimburse certain expenditures with proceeds from debt for
the Dexter Drive Sidewalk project.
2c. Presentation, possible action, and discussion regarding approval of Resolution 04-26-12-
2c, declaring intention to reimburse certain expenditures with proceeds from debt for the
State Highway 30lCopperfield Signal and Intersection Modifications project.
2d. Presentation, possible action and discussion regarding the approval of Resolution 04-
26-12-2d, accepting from the Texas Division of Emergency Management (TDEM) the 2009
Homeland Security Grant Adjustment Notice (GAN).
2e. Presentation, possible action, and discussion on an Advanced Funding Agreement
(AFA) with the Texas Department of Transportation (TxDOT) to powdercoat new signal
poles at the intersection of University Drive and Copperfield as part of TxDOT's project to
widen University Drive from SH 6 to FM 158. The estimated cost of the City's participation
is not to exceed $4,000.
2f. Presentation, possible action, and discussion on an easement agreement renewal with
the Texas A&M University System for the purpose of operating and maintaining a traffic
signal at Olsen Road and George Bush Drive.
2g. Presentation, possible action, and discussion regarding approval of a real estate
contract between the City of College Station (Buyer) and Britt Rice (Seller) in the amount
of $60,448.00 for the purchase of right-of-way (2.377 acres) and a public utility easement
(1.058 acres) needed for the Rock Prairie Road East Widening Design and Right-of-way
Project.
2h. Presentation, possible action, and discussion regarding Resolution 04-26-12-2h,
approving a real estate contract approving a bid received in response to ITB #12-053 for
the sale of City property at 4214 Cripple Creek, an affordable home.
2i. Presentation, possible action and discussion to authorize expenditure of funds for FY-
12, items exempt from competitive bidding as described in Texas Local Government Code
chapter 252.022, to purchase SCADA equipment from the Reynolds Company, not to
exceed $1 00,000.
2j. Presentation, possible action, and discussion regarding approval of renewals of
landscape maintenance contracts to multiple vendors, and approval of change orders to
add additional sites to the contracts, to Green Teams for $266,629.22, to Rainbow Gardens
for $90,252.00, to Landscape USA for $50,205.00, to Roots for $12,240.00, and to ProGreen
for $81,728.00, in a total amount of $508,434.22.
14
RM042612 Minutes Page 5
2k. Presentation, possible action and discussion regarding the cancellation of award, of
fifteen (15) 50 KVA Padmount Transformers, in the amount of $3 1,650.00 to Texas
Electric Cooperatives, and approval of new award to HD Supply Utilities in the amount of
$3 1,755.00.
21. Presentation, possible action, and discussion regarding a design contract with Jones &
Carter, Inc., in the amount of $204,000, for design of the East Side Sewer Service Project.
2m. Presentation, possible action and discussion on the third and final of three readings of
Ordinance 2012-3402, a non-exclusive franchise agreement with Waste Management
Health Care Solutions, Inc. for the purpose of collecting and disposing treated and
untreated medical waste from various health care related facilities.
2n. Presentation, possible action, and discussion on an inter-local agreement (ILA) with
Brazos County and the City of Bryan for the purpose of application and acceptance of a
U.S. Department of Justice, 2012 Justice Assistance Grant (JAG).
Item 2h was pulled for a separate vote.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda, less item 2h. The motion carried unanimously.
(2h)MOTION: Upon a motion made by Councilmember Lyles and a second by
Councilmember Schultz, the City Council voted six (6) for and one (1) opposed, with
Councilmember Fields voting against, to adopt Resolution 04-26-12-2h, approving a real estate
contract approving a bid received in response to ITB #12-053 for the sale of City property at
4214 Cripple Creek, an affordable home. The motion carried.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion approving Ordinance
2012-3403, vacating and abandoning a 1.18 Acre portion of Old Arrington Road Right-of-
way, extending 1,000 feet, more or less, from the northwest comer of a 5.53 acre tract in the
SW Robertson League, A-202 recorded in Volume 8361, Page 279 to the northwest corner
of a 2.445 acre tract in the SW Robertson League, A- 202 recorded in Volume 9338, Page
178 of the Official Records of Brazos County, Texas.
Councilmember Schultz recused herself due to a conflict of interest (Affidavit attached).
At approximately 7:51 p.m. Mayor Berry opened the Public Hearing.
Jesse Durden, 110 Lincoln Avenue, said he would appreciate the Council’s favorable
consideration.
15
RM042612 Minutes Page 6
Joe Schultz, 2730 Longmire, provided some historical background and said he was available for
questions.
There being no further comments, the Public Hearing was closed at 7:52 p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Brick, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz
having recused herself, to adopt Ordinance 2012-3403, vacating and abandoning a 1.18 Acre
portion of Old Arrington Road Right-of-way, extending 1,000 feet, more or less, from the
northwest comer of a 5.53 acre tract in the SW Robertson League, A-202 recorded in Volume
8361, Page 279 to the northwest corner of a 2.445 acre tract in the SW Robertson League, A-
202 recorded in Volume 9338, Page 178 of the Official Records of Brazos County, Texas. The
motion carried unanimously.
2. Public Hearing, presentation, possible action, and discussion on Ordinance 2012-3404, a
Rezoning from PDD Planned Development District to PDD Planned Development District,
for a rezoning from PDD to PDD for 3.19 acres located at 2849 Barron Road, generally
located at the comer of Barron Road and SH 40, North of the Sonoma Subdivision.
Councilmember Schultz recused herself due to a conflict of interest (Affidavit attached).
At approximately 7:58 p.m. Mayor Berry opened the Public Hearing.
Jesse Durden, 110 Lincoln Avenue, explained the rationale for the waiver request to remove the
greenway path requirement and spoke in favor of the re-zoning.
There being no further comments, the Public Hearing was closed at 8:02 p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Lyles, the City Council voted two (2) for and four (4) opposed, with Mayor Berry and
Councilmembers Brick, Lyles and Ruesink voting against, and with Councilmember Schultz
having recused herself, to adopt Ordinance 2012-3404, a Rezoning from PDD Planned
Development District to PDD Planned Development District, for a rezoning from PDD to PDD
for 3.19 acres located at 2849 Barron Road, generally located at the comer of Barron Road and
SH 40, North of the Sonoma Subdivision, and allowing the waiver for the hike/bike trail. The
motion failed.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Brick, the City Council voted five (5) for and one (1) opposed, with Councilmember Fields
voting against, and with Councilmember Schultz having recused herself, to adopt Ordinance
2012-3404, a Rezoning from PDD Planned Development District to PDD Planned Development
District, for a rezoning from PDD to PDD for 3.19 acres located at 2849 Barron Road, generally
located at the comer of Barron Road and SH 40, North of the Sonoma Subdivision, excluding the
hike/bike trail, as recommended by the P&Z. The motion carried.
16
RM042612 Minutes Page 7
3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2012-
3405, a zoning amendment request from R-6 High-Density Multi-Family Residential to
PDD Planned Development District for 0.73 acre on Lots 9 and 10, Block 3 of the College
Hills Estates Subdivision located at 1024 and 1026 Foster Avenue, generally located at the
intersection of Foster Avenue and Francis Drive.
At approximately 8:26 p.m. Mayor Berry opened the Public Hearing.
Jesse Durden, 110 Lincoln Avenue, reported on the waiver portion of the request. This is a
different type of product in the neighborhood. They are asking for a variance on the parking
requirements, but they are allowing one parking space per bed.
Clint Cooper, 3204 Walnut Creek, stated they have worked hard to develop a design that fits
with the neighborhood.
There being no further comments, the Public Hearing was closed at 8:36 p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2012-
3405, a zoning amendment request from R-6 High-Density Multi-Family Residential to PDD
Planned Development District for 0.73 acre on Lots 9 and 10, Block 3 of the College Hills
Estates Subdivision located at 1024 and 1026 Foster Avenue, generally located at the intersection
of Foster Avenue and Francis Drive. The motion carried unanimously.
4. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2012-
3406, amending Chapter 12, "Unified Development Ordinance," Section 4.2, "Official
Zoning Map," of the Code of Ordinances of the City Of College Station for 5.379 acres
within University Heights Subdivision Phase 5 located at 3182 Holleman Drive South,
generally located north of Las Palomas Subdivision.
Councilmember Schultz recused herself due to a conflict of interest (Affidavit attached).
At approximately 8:39 p.m. Mayor Berry opened the Public Hearing.
Joe Schultz, 2730 Longmire, signed up, but did not speak
There being no further comments, the Public Hearing was closed at 8:40 p.m.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Fields, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz
having recused herself, to adopt Ordinance 2012-3406, amending Chapter 12, "Unified
Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the
City Of College Station for 5.379 acres within University Heights Subdivision Phase 5 located at
3182 Holleman Drive South, generally located north of Las Palomas Subdivision. The motion
carried unanimously.
17
RM042612 Minutes Page 8
5. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2012-
3407, amending Chapter 12, "Unified Development Ordinance," Section 4.2, "Official
Zoning Map," of the Code of Ordinances of the City Of College Station for 108.88 acres
located at 3100 Haupt Road, generally located between Old Wellborn Road and Holleman
Drive South, North of the Buena Vida Subdivision.
At approximately 8:45 p.m. Mayor Berry opened the Public Hearing.
Heath Phillips, 2440 Stone Castle, stated the project came before council a year ago and serious
modifications have been done since then. He presented a flyover animation of the project. They
have taken out the six-tower system and replaced it with a two-tower system. The scale-down
will address traffic issues.
Chuck Ellison, 302 Holleman Drive, spoke on behalf of his client, John Barger, trustee for the
Mabel Barger Trust. If this is passed, what can this land be used for? His client is concerned
with allowing commercial amusements. He urged the Council to remove the commercial
amusement/water recreation uses from the concept plan and list of permitted uses until such time
as everyone understands what activities are planned.
Ken Tripp, 1393 Seamist, said he is a business owner on Cain Road. He has observed flooding
over the road of over six inches four times since this January. There is something wrong with
the drainage in this subdivision. There is also a report of 14,000 yards of illegal fill. He asked
that the City restrict any development until a forensic engineer checks the engineering on this
development.
Jeffrey Leatherwood, 4618 Midsummer, pointed out the railroad track on the property and noted
this makes more noise than the amenity will.
Raylene Lewis, 9300 Lake Forest, said she is a resident whose home backs up to the proposed
development and is excited about the cable wakeboarding facility. She is a realtor and has sold
several units in the development because of the amenity.
Wallace Phillips, 4490 Castlegate, reminded the Council they had received the zoning at the last
Council meeting. They are here tonight to discuss the cable wakeboarding amenity. As for the
allegation of illegal fill, he received a permit for that, and it was not dumped in the flood plain.
There being no further comments, the Public Hearing was closed at 9:47 p.m. (A brief recess was
taken during the Public Hearing to address technical difficulties)
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Fields, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2012-
3407, amending Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning
Map," of the Code of Ordinances of the City Of College Station for 108.88 acres located at 3100
Haupt Road, generally located between Old Wellborn Road and Holleman Drive South, North of
the Buena Vida Subdivision. The motion carried unanimously.
18
RM042612 Minutes Page 9
6. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2012-
3408, amending the Code of Ordinances, Chapter 4 "Business Regulations," related to
Mobile Food Vendors.
At approximately 9:58 p.m. Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 9:58 p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2012-
3408, amending the Code of Ordinances, Chapter 4 "Business Regulations," related to Mobile
Food Vendors. The motion carried unanimously.
7. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2012-
3409, amending Chapter 12, "Unified Development Ordinance", Section 5.6 "Design
Districts", B "Northgate Districts", 13 " Outside Storage And Display Standards", of the
Code of Ordinances of the City of College Station.
· Public Hearing, presentation, possible action, and discussion regarding Ordinance
2012-3410, amending Chapter 4, "Business Regulations" By adding Section 21
"Northgate Outdoor Dining And Entertainment", to the Code of Ordinances of the
City of College Station.
· Public Hearing, presentation, possible action, and discussion regarding Ordinance
2012-3411, amending Chapter 1, "General Provisions" By Amending Section 13
"Alcoholic Beverages", B. "Possession And Consumption Of Alcoholic Beverages In
Northgate Central Business District", of the Code of Ordinances of the City of
College Station.
· Public Hearing, presentation, possible action, and discussion regarding Ordinance
2012-3412, amending Chapter 4, "Business Regulations" By Amending Section 4
"Carnivals, Circuses, Menageries, Sideshows, Concession, And Special Events", of
the Code of Ordinances of the City of College Station.
At approximately 10:05 p.m. Mayor Berry opened the Public Hearing.
Kenneth Wycoff, Jr., 904 Val Verde, President of the Northgate District Association, stated his
appreciation for what has been taking place. They have been working with staff to produce the
ordinance. The NDA board unanimously approved the ordinance. They would like to develop a
global definition for peak times, parking, etc.
There being no further comments, the Public Hearing was closed at 10:08 p.m.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Ruesink, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2012-
3409, amending Chapter 12, "Unified Development Ordinance", Section 5.6 "Design Districts",
B "Northgate Districts", 13 " Outside Storage And Display Standards", of the Code of
Ordinances of the City of College Station.
19
RM042612 Minutes Page 10
· Ordinance 2012-3410, amending Chapter 4, "Business Regulations" By adding Section
21 "Northgate Outdoor Dining And Entertainment", to the Code of Ordinances of the
City of College Station.
· Ordinance 2012-3411, amending Chapter 1, "General Provisions" By Amending Section
13 "Alcoholic Beverages", B. "Possession And Consumption Of Alcoholic Beverages In
Northgate Central Business District", of the Code of Ordinances of the City of College
Station.
· Ordinance 2012-3412, amending Chapter 4, "Business Regulations" By Amending
Section 4 "Carnivals, Circuses, Menageries, Sideshows, Concession, And Special
Events", of the Code of Ordinances of the City of College Station.
The motion carried unanimously.
8. Presentation, possible action and discussion on Ordinance 2012-3413, authorizing the
issuance and sale of up to $38,000,000 in "City of College Station, Texas General
Obligation Improvement and Refunding Bonds, Series 2012"; delegating the authority to
certain City Officials to execute certain documents relating to the sale of the Bonds;
approving and authorizing instruments and other procedures relating to said bonds; and
enacting other provisions relating to the subject.
9. Presentation, possible action and discussion on Ordinance 2012-3414, authorizing the
issuance and sale of up to $17,400,000 in "City of College Station, Texas Certificates of
Obligation, Series 2012"; delegating the authority to certain City Officials to execute
certain documents relating to the sale of the certificates; approving and authorizing
instruments and procedures relating to the certificates; and enacting other provisions
relating to the subject.
These two items were taken together.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2012-
3413, authorizing the issuance and sale of up to $38,000,000 in "City of College Station, Texas
General Obligation Improvement and Refunding Bonds, Series 2012"; delegating the authority to
certain City Officials to execute certain documents relating to the sale of the Bonds; approving
and authorizing instruments and other procedures relating to said bonds; and enacting other
provisions relating to the subject. The motion carried unanimously.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Fields, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2012-
3414, authorizing the issuance and sale of up to $17,400,000 in "City of College Station, Texas
Certificates of Obligation, Series 20 12"; delegating the authority to certain City Officials to
execute certain documents relating to the sale of the certificates; approving and authorizing
instruments and procedures relating to the certificates; and enacting other provisions relating to
the subject. The motion carried unanimously.
10. Adjournment.
20
RM042612 Minutes Page 11
MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the
City Council at 10:19 p.m. on Thursday, April 26, 2012.
________________________
Nancy Berry, Mayor
ATTEST:
___________________________
Sherry Mashburn, City Secretary
21
May 10, 2012
Consent Agenda Item No. 2b
Adoption of the Section 3 Implementation Plan and Administrative Guide
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director of Planning & Development Services
Agenda Caption: Presentation, possible action, and discussion regarding the adoption of
the Section 3 Plan Implementation Plan and Administrative Guide to comply with 24 CFR, Part
135 of the United States Department of Housing and Urban Development Section 3
Relationship to Strategic Goals: Financially Sustainable City, Core Services and
Infrastructure, Neighborhood Integrity, and Diverse Growing Economy
Recommendation(s): Staff recommends that Council adopt the Section 3 Implementation Plan
and Administrative Guide
Summary: Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u)
(Section 3), as amended by the Housing and Community Development Act of 1994, requires
that, to the greatest extent feasible, employment and other economic opportunities generated
by HUD funds be directed to low- and very low-income residents. As an entitlement
community with HUD, the City receives the Community Development Block Grant and HOME
Investment Partnership Program Grant and must comply with Section 3.
The City is committed to ensuring that employment, training, and other economic opportunities
are made available through programs carried out with funds from the federal government
through the implementation of the Section 3 program. Contracts awarded for construction
utilizing federal resources will require contractors to provide equal employment opportunity to
all employees and applicants for employment without regard to race, color, religion, sex,
national origin, disability, veteran’s or familial status, or economic status and to take affirmative
action to ensure that both job applicants and existing employees are given fair and equal
treatment.
The City of College Station implements this Section 3 policy through the awarding of contracts
to contractors in an effort to create employment and business opportunities for the lower
income residents and business concerns of the Bryan College Station MSA. The Section 3
Implementation Plan and Administrative Guide will provide the policies and procedures to
ensure compliance.
Attachments:
1 – Section 3 Implementation Plan and Administrative Guide
2 - Resolution
22
1
SECTION 3 IMPLEMENTATION PLAN AND ADMINISTRATIVE GUIDE
FOR THE CITY OF COLLEGE STATION
I. Executive Summary
II. Contracting Policy and Procedures
III. Section 3 Certification
1. Section 3 Residents
2. Section 3 Business Concern
IV. Contractor Requirements
V. Assisting Contractors
VI. Assistance provided by Workforce Solutions Brazos Valley
VII. Section 3 Opportunities Plan
VIII. Compliance and Monitoring
IX. Grievance Procedures
1. Internal Section 3 Complaint Procedure
2. External Section 3 Complaint Procedure
X. Definitions
XI. Attachments
1) Section 3 Resident Certification Form
2) Certification for Business Concern Seeking Section 3
3) Section 3 Clause
4) Section 3 Bid Requirements Packet
23
2
I. EXECUTIVE SUMMARY
The objective of community development programming for the City of College Station (City) is
to benefit low- and moderate-income residents by: encouraging the expansion and accessibility
of human services; expanding and improving public facilities and infrastructure where needed;
expanding economic opportunities in the community; supporting City programs and non-profit
and for-profit partners to provide an adequate supply of decent, safe, and affordable housing.
The City is committed to ensuring that employment, training, and other economic opportunities
are made available through programs carried out with funds from the federal government
through the implementation of the Section 3 program. Contracts awarded for construction
utilizing federal resources will require contractors to provide equal employment opportunity to
all employees and applicants for employment without regard to race, color, religion, sex,
national origin, disability, veteran’s or familial status, or economic status and to take affirmative
action to ensure that both job applicants and existing employees are given fair and equal
treatment.
The City of College Station implements this Section 3 policy through the awarding of contracts
to contractors in an effort to create employment and business opportunities for the lower
income residents and business concerns of the College Station-Bryan MSA.
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3), as
amended by the Housing and Community Development Act of 1994, requires that, to the
greatest extent feasible, employment and other economic opportunities generated by HUD
funds be directed to low- and very low-income residents. 24 CFR Part 135 establishes the
standards and procedure to be followed in order to ensure that the requirements of Section 3
are met. It is included in this Implementation Plan and Administrative Guide as Appendix A.
The terms used in this Implementation Plan are defined in 24 CFT Part 135.
Section 3 requirements apply to all recipients of HUD Community Planning and Development
funding exceeding $200,000.
Section 3 covered projects are those in which a combined (or aggregate) amount of covered
funding exceeding $200,000, is invested into activities involving housing construction,
demolition, rehabilitation, or other public construction – i.e. roads, sewers, community center,
etc.
Contractors or subcontractors that receive contracts in excess of $100,000 for Section 3
covered projects/activities are required to comply with Section 3 regulations in the same
manner as direct recipients. Section 3 covered contracts do not include contracts for purchase
of supplies and materials unless the contract includes the installation of the materials.
24
3
In order to be considered by HUD to be in compliance with the provisions of 24 CFR Section
134, the City of College Station will take five concurrent courses of action. These actions are as
follows:
· The City will formalize recruiting and hiring policies and practices that allow, to the
greatest extent feasible, at least 30% of the aggregate number of new hires each year in
the City’s affected departments will be eligible low-income area residents.
· The City will establish a goal that all contractors and subcontractors hire qualifying
Section 3 residents for, to the greatest extent feasible, at least 30% of the new positions
created as a result of contracts with the City.
· The City will establish a goal that at least 10% of the total dollar amount of contracts for
construction, repair, and rehabilitation is awarded to qualifying Section 3 business
concerns. Also, that at least 3% of the total dollar amount of all other City contracts are
awarded to qualifying Section 3 business concerns.
· The City, in conjunction with Workforce Solutions Brazos Valley, will implement
programs to ensure that there is a ready pool of Section 3 residents available to apply
for positions offered by the City, its contractors, or subcontractors.
· The City will be engaged in on-going monitoring of project Section 3 implementation
and compliance.
II. SECTION 3 CONTRACTING POLICY AND PROCEDURE
The City will incorporate Section 3 into its existing procurement policy and adopt Section 3
contracting policy and procedures to be included in all procurements generated with federal
funding sources.
The City, along with its contractors and subcontractors, will, to the greatest extent feasible,
meet the following minimum numerical goals as set forth in 24 CFR Part 135.30:
· 30% of new full-time hires should be qualified Section 3 Residents;
· 10% of the total dollar amount of all Section 3 covered contracts for building trades shall
be awarded to Section 3 Business Concerns
· 30% of the total dollar amount of all other Section 3 covered contracts shall be awarded
to Section 3 Business Concerns
In accordance with 24 CFR § 135.30, if these minimum goals are not met, sufficient
documentation must be kept to provide reasoning and justification for non-compliance. This
documentation should include evidence of all Section 3 outreach.
25
4
A. The City, where applicable, will require the contractor to send to each labor
organization or representative of workers with which they have a collective bargaining
agreement or other contract or understanding, if any, a notice advising the said labor
organization or workers’ representative of this commitment under this Section 3 clause
and shall have posted copies of the notice in conspicuous places available to employees
and applicants for employment or training.
B. The City will require the contractor to include this Section 3 clause in every subcontract
for work in connection with the project. The contractor will be required to take
appropriate action upon a finding that the subcontractor is in violation of regulations at
24 CFR Part 135 as issued by the Secretary of Housing and Urban Development. The
contractor will not subcontract with any subcontractor where it has notice or knowledge
that the latter has been found in violation of the regulations and will not execute any
subcontract unless the subcontractor has first provided it with a preliminary statement
of ability to comply with the requirements of these regulations.
C. Compliance with the provision of Section 3 as codified in 24 CFR Part 135, all applicable
rules and order of the Department issued there under prior to the execution of the
contract, shall be a condition of the federal financial assistance provided to the project,
binding upon the applicant or recipient for such assistance, its successors, and assigns.
Failure to fulfill these requirements shall subject the applicant or recipient, its
contractors and subcontractors, its successors, and assigns to those sanctions specified
in the grant or loan agreement or contract through which federal assistance is provided,
and/or to such sanctions as are specified by the Department in 24 CFR Part 135.
D. Contractors and subcontractors will be required to comply with all procedures identified
in the Section 3 Bid Requirements found as Attachment 2, including:
a. Contractor Section 3 Compliance Certification – to be submitted with bid
b. Section 3 Opportunities Plan – to be completed and submitted following award of
Bid and prior to contract approval.
III. SECTION 3 CERTIFICATIONS
A. Section 3 Residents:
For purposes of the City, a Section 3 Resident is:
· A public housing resident
· A resident who currently receives HUD housing assistance
· An individual who lives within the College Station –Bryan area and whose income
falls within the guidelines for low- or very low-income.
26
5
The City of College Station will certify Section 3 program participants who reside in the
College Station-Bryan area and who are seeking preference in training and employment by
completing the Section 3 Resident Certification Form (Attachment – Exhibit 1 found on page
21).
B. Section 3 Business Concern
A Section 3 Business Concern is a business concern, as defined in this section –
· That is fifty-one percent (51%) or more owned by Section 3 residents; or
whose permanent, full time employees include persons, at least thirty percent
(30%) of whom are currently Section 3 residents, or within three years of the date
of first employment with the business concern were Section 3 residents; or
· That provides evidence of a commitment to subcontract in excess of twenty-five
percent (25%) of the dollar award for all subcontracts to be awarded to business
concerns that meet the qualifications set forth in items (1) and (2) above.
Any business concern who submits a proposal for a federally funded contract must
complete a Contractor Section 3 Compliance Certification From. Failure to complete
this certification with the submission of a bid is grounds for rejection of the bid.
The business must be able to provide adequate documentation as evidence of eligibility
for preference under the Section 3 Program. The City is responsible for maintaining a
current and accurate list of Section 3 Business Concerns within its MSA and will make
available listings of such concerns to any developer, contractor, or subcontractor
interested in work pertaining to City funded (HUD sourced) projects.
C. Contracting with Section 3 Business Concerns
The City will use the following methods to notify and contract with Section 3 business
concerns;
1) Advertise contracting opportunities via newspaper, mailings, posting notices that
provide general information about the work to be contracted and where to obtain
bidding information.
2) Provide in a timely manner written notice of contracting opportunities to all known
Section 3 business concerns.
3) Coordinate pre-bid meetings at which Section 3 would be discussed.
4) Conduct workshops on the City’s contracting procedure to include bonding,
insurance, Section 3 and other pertinent requirements.
5) Establish relationships with area associations as necessary to identify residents and
business concerns to educate and mentor them on Section 3 opportunities.
27
6
IV. Contractor Requirements in Employing Section 3 Participants.
Under the City’s Section 3 plan, contractors and subcontractors are required to:
A. Identify the project area.
B. Submit a list of core employees and specific information about the current workforce
and hiring projections at the time of project bid.
C. Provide a specific plan for employment opportunities to Section 3 participants who
reside in public housing as well as residents who meet the income guidelines for
Section 3 preference. (refer to Section 3 Income Limits)
D. Provide a specific plan for engaging Section 3 business concerns.
E. Name the business concerns to be utilized and if it is a Section 3 business concern.
F. Commitment to include as part of all bids the Section 3 Plan (once approved by the City)
which identifies activities to comply with the Section 3 Program and the City’s Section 3
Clause in all sub-contracts.
G. Commitment to conduct aggressive outreach and notification to potential Section 3
residents and businesses of hiring opportunities using site signage, flyers, etc.
H. Commitment to provide identified area employment agencies with information about
jobs available from the established job pool of Section 3 area residents.
I. Document the performance of Section 3 participants and provide the information to the
City of College Station.
J. Notify the City of any problems experienced due to the employment of Section 3
residents.
K. Contractor will provide a status report identifying its progress in meeting the Section 3
numerical goals on a monthly or pay application basis, whichever is first. For every goal
not met the contractor will identify efforts made to reach the goal that failed.
L. Contractor will provide the following reports to the City to facilitate monitoring
Section 3 hiring and contracting activity.
1. Report on interview and evaluation of each resident referred by the City that is not
hired.
2. Certified list of new hires for each contractor and subcontractor. The list should
include name, address, trade, date hired, and indication of how contact was made
and whether it is a Section 3 contact.
3. List and copy of all subcontracts and whether or not the business is a certified
Section 3 business concern, with adequate documentation of certification.
M. The contractor shall maintain at a physical location documentation of Section 3
outreach and recruitment activities available for monitoring.
N. The City will regularly conduct contractor compliance monitoring of all Section 3
covered contracts.
28
7
V. Assisting Contractors to Achieve Section 3
The City will assist contractors in achieving Section 3 hiring and contracting goals by:
A. Providing the contractor with a list of interested and qualified Section 3 residents for
construction projects.
B. Providing the contractor with a list of Section 3 business concerns interested and
qualified for construction projects.
C. Reviewing new hire and utilization plan to ensure the requirements are understood.
D. Offering documents that bidder/contractor can use.
E. Providing preference for awarding contracts that include a utilization plan for full
participation in the provisions of Section 3.
VI. Assistance provided by Workforce Solutions Brazos Valley
A. Workforce Solutions Brazos Valley (WSBV) will make Section 3 Resident Certification
forms available and instruct job seekers in understanding how to complete forms, what
documentation is required, and provide resources for residents to make copies as
needed. Additionally, WSBV will refer residents seeking certification to the City.
B. Contractors and subcontractors on active Section 3 projects can contact WSBV to post
job opportunities on WorkinTexas (WIT). Through the WIT, WSBV will indicate on job
postings if the employer is seeking Section 3 applicants.
C. WSBV provides all universal job seekers basic employment counseling as needed. Job
seekers who indicate a need for basic information concerning available community
resources (subsidized child care, adult education, transportation, etc.) are referred. Job
seekers who indicate a need for additional job skills training are referred to various
training programs which may or may not be subsidized depending on funds availability
or eligibility.
D. WSBV only refers job seekers to job posting that meet the employer’s minimum job
skills requirements. Registered WIT job seekers will be notified when they match a job
opening.
E. WSBV can assist employers who are having a hiring event based on their individual
needs.
VII. Section 3 Opportunities Plan
All contractors awarded construction contracts funded with federal funding sources are
required to complete a Section 3 Opportunities Plan (Attachment 3). The developer, contractor
29
8
or subcontractor Section 3 Opportunities Plan must include specific information regarding the
following:
A. Employment: Thirty percent (30%) of the aggregate number of new hires during a one
year period of the project. (Example: A construction contractor hires 10 new workers.
Three of the new workers should be Section 3 eligible persons.)
B. Contracting: (a) At least 10 percent (10%) of the total dollar amount of all Section 3
covered contracts for building trades work arising in connection with housing
rehabilitation, construction, and other public construction with federal funds; and (b) At
least three percent (3%) of the total dollar amount of all other covered Section 3
contracts to eligible Section 3 business concerns.
The City will review Section 3 Opportunities Plans and provide determinations within 7 to 10
work days.
VIII. Compliance and Monitoring
Assuring compliance with Section 3 Policies involves affirmative measures on the part of all
entities involved. These include contractors, subcontractors and the City. Contractors submit
self-certification forms to receive Section 3 status, however all record documentation should be
made available upon request for monitoring/compliance reviews on behalf of the City, HUD and
other agencies as requested. Contractors must also document all implementation efforts as
part of the submitted Section 3 Utilization Plan. Contractors agree to submit all reports in a
timely matter. A finding of non-compliance with Section 3 policies and/or the submitted
Section 3 Utilization Plan will result in corrective actions. If corrective actions cannot rectify
non-compliance, the City will terminate the contract and/or ban the contractor from future
project awards.
IX. Grievance Procedures
The City recognizes that the success of ensuring that Section 3 residents and Section 3 business
concerns have the opportunity to apply for jobs and to bid for contracts generated by covered
HUD financial assistance depends upon the cooperation and assistance of the housing
authority, the contractors and subcontractors.
All recipients shall cooperate fully and promptly with the HUD in Section 3 compliance reviews,
in investigations of allegations of noncompliance made and with the distribution and collection
of data and information. The City shall refrain from entering into a contract with any contractor
after notification to the recipient by HUD that the contractor has been found in violation of the
regulations. The provisions of 24 CFR part 24 apply to the employment, engagement of services,
30
9
awarding of contracts or funding of any contractors or subcontractors during any period of
debarment, suspension or otherwise ineligible status.
Who may file a complaint? The following individuals and business concerns may, personally or
through an authorized representative, file with the HUD a complaint alleging noncompliance
with Section 3:
· Any Section 3 resident on behalf of himself or herself, or as a representative of persons
similarly situated, seeking employment, training or other economic opportunities, or by
a representative who is not a Section 3 resident but who represents one or more
Section 3 residents;
· Any Section 3 business concerns on behalf of it or as a representative of other Section 3
business concerns similarly situated, seeking contract opportunities generated from the
expenditure of Section 3 assistance from a recipient or contractor, or by an individual
representative of Section 3 business concerns.
A. Internal Section 3 Complaint Procedure
In an effort to resolve complaints generated due to non-compliance through an internal
process the City encourages submittal of such complaints as follows:
1. Complaints should be filed at the City of College Station Community
Development office.
2. Complaints of non-compliance should be filed in writing and must contain the
name of the complainant and a brief description of the alleged violation of 24
CFR 135.
3. Complaints must be filed within 30 calendar days after complainant becomes
aware of the alleged violation.
4. The City will conduct a informal investigation if complaint is found to be valid.
The City will review findings for accuracy and completeness and a finding will be
made available no later than 30 days after the filing of the complaint.
B. External Section 3 Complaint Procedure.
If complainants wish to have their concerns considered outside of the City, a complaint
may be filed with:
· Assistant Secretary for Equal Opportunity & Fair Housing
Department of Housing and Urban Development
451 Seventh St., S.W. - Room 5100
Washington, D.C. 20410-2000
31
10
· Fair Housing and Equal Opportunity Division
Department of Housing and Urban Development
801 Cherry Street
P.O. Box 2905
Fort Worth, TX 76113-2905
The external complaint must be filed not later than 180 days after the complainant
becomes aware of the alleged violation.
X. Definitions
Applicant- Any entity which makes an application for Section 3 covered assistance, and includes
but is not limited to, any state, unit of local government, public housing agency or other public
body, public or private nonprofit organization, private agency or institution, mortgagor,
developer, limited dividend sponsor, corporation, resident council, or cooperative association.
Assistant- the Assistant Secretary for Fair Housing and Equal Opportunity
Business Concern- a business entity formed in accordance to State law, and which is licensed
under State, county or municipal law to engage in the type of business activity for which it was
formed
Contractor- any entity which contracts to perform work generated by the expenditure of
Section 3 covered assistance, or work with a Section 3 covered project
Employment Opportunities Generated by Section 3 Covered Assistance- all employment
opportunities generated by the expenditure of Section 3 covered public assistance (i.e.,
operating assistance, developing assistance and modernization assistance, (as described in
Section 135.3 (a) (1)). With respect to Section 3 covered housing and community development
assistance, this term means all employment opportunities arising in connection with Section 3
covered projects (as described in Section 135.3 (a) (2)), including management and
administrative jobs. Management and administrative jobs include architectural, engineering or
related professional services required to prepare plans, drawings, specifications, or work write-
ups; and jobs directly related to administrative support to these activities, e.g., construction
manager, relocation specialist, payroll clerk, etc.
Housing Authority (HA) - Public Housing Agency
Housing Development- low income housing owned, developed to operated by a public housing
agencies in accordance with HUD’s public housing program regulations codified in
24 CFR Chapter IX.
32
11
HUD Youthbuild Programs- programs that receive assistance under subtitle D of Title IV of the
National Affordable Housing Act, as amended by the housing and Community Development Act
of 1992 (42 U.S.C. 12899), and provide disadvantaged youth with opportunities for
employment, education, leadership development, and training in the construction or
rehabilitation of housing for homeless individuals and member of low- and very low-income
families.
JTPA - The Job Training Partnership Act (29 U.S.C. 1578 (a)).
Low-income person- families (including single person) whose income does not exceed 80 per
centum of the median income for the area, as determined by the Secretary, with adjustments
for smaller and larger median for the area on the basis of the Secretary’s findings that such
variations are necessary because of prevailing levels of construction costs or unusually high or
low income families.
Metropolitan Area- a metropolitan statistical area (MSA), as established by the Office of
Management and Budget.
New Hires- full time employees for permanent, temporary or seasonal employment
opportunities.
Recipient- any entity which receives Section 3 covered assistance, directly from HUD or another
recipient and includes but is not limited to any State unit of local government, PHA, or other
public body, public or private non-profit organization, private agency or institution, mortgager,
developer, dividend sponsor, builder, property manager, community housing development
organization, resident management corporation, resident council, or cooperative association.
Recipient also include any successor assignee or transferee of any such entity, but does not
include any ultimate beneficiary under the HUD program to which Section 3 applies and does
not include contractors.
Section 3- Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C.
1701u).
Section 3 Business Concern- a business concern,
1) That is 51 percent (51%) or more owned by a Section 3 resident: or
2) Whose permanent, full-time employees include persons, at least 30 percent (30%) of
whom are currently Section 3 residents, or within 3 years of the date of first
employment with the business concern were Section 3 residents, or
3) That provides evidence of a commitment to subcontract in excess of 25 percent (25%) of
the dollar award of all subcontractors to be awarded to business concerns that meet the
qualifications set forth in paragraphs 1 or 2 above.
33
12
Section 3 Covered Assistance-
1) Public housing development assistance provided pursuant of Section 5 of the 1937 Act;
2) Public Housing operating assistance provided pursuant to Section 9 of the 1937 Act;
3) Public housing modernization assistance provide pursuant to section 14 of the 1937 Act;
4) Assistance provided under any HUD housing or community development program that
is expended for work arising in connection with housing rehabilitation, construction, or
other public construction project (which includes other building or improvements,
regardless of ownership).
Section 3 Clause- the contract provision set forth in 135.38.
Section 3 Covered Contracts- a contractor subcontract (including a professional service
contract) awarded by a recipient or contracted for work generated by the expenditure of
Section 3 covered assistance, or for work arising in connection with a Section 3 covered project.
Section 3 covered contracts do not include contracts awarded under HUD’s procurement
program, which are governed by the Federal Acquisition Regulation (FAR). Section 3 covered
contracts also do not include contracts for the purchase of supplies and materials. However,
whenever a contract for materials includes installation of the materials, the contract constitutes
a Section 3 contract.
Section 3 Covered Project- the construction, reconstruction, conversion or rehabilitation of
housing (including reduction and abatement of lead-based paint hazards), other public
construction which includes buildings or improvements (regardless of ownership) assisted with
housing or community development assistance.
Section 3 Resident- a public housing resident or an individual who resides in the metropolitan
area or a nonmetropolitan county in which the Section 3 covered assistance is expended and
who is considered to be a low- to very low-income person.
Subcontractor- any entity (other than a person who is an employee of the contractor) which
has a contract with a contractor to undertake a portion of the contractor’s obligation for the
performance of work generated by the expenditure of Section 3 covered assistance, or arising
in connection with a Section 3 covered project.
Very low-income person- families (including single persons) whose income do not exceed 50
per centum (50%) of the median family income for the area, as determined by the Secretary
with adjustments for smaller and larger families, except that the Secretary may establish
income ceilings higher or lower than 50 per centum (50%) of the median for the area on the
basis of the Secretary’s findings that such variations are necessary because of unusually high or
low family incomes.
34
13
Attachment 1:
CITY OF COLLEGE STATION
SECTION 3 RESIDENT CERTIFICATION FORM
Eligibility for Preference
A Section 3 resident seeking the preference in training and employment provided by this part
shall certify, or submit evidence to the recipient contractor or subcontractor, if requested, that
the person is a Section 3 resident, as defined in Section 135.5. (An example of evidence of
eligibility for the preference is evidence of receipt of public assistance, or evidence of
participation in a public assistance program.)
Exhibit 2
Certification for Resident Seeking Section 3 Preference in Training and Employment
I, ________________________, am a legal resident of the College Station-Bryan are and meet the income eligibility
guidelines for a low- or very low-income person as published below.
My permanent address is _______________________________ City_________________________Zip ________________
Employment Skills ____________________________________________________________________________________
I have attached the following documentation as evidence of my status:
__ Copy of lease __ Copy of receipt of public assistance or public housing assistance
__ Other evidence (i.e. household income)
2012 Median Income Limits
Please circle the number of family members in the family and indicate that the household income is equal to or less than
80% of the area median income listed for the household size. Calculation of Family Income should include: gross wages
and salaries, social security income, pensions, child support, Temporary Assistance for Needy Families (TANF)/food stamps,
and any other source of income. This chart is based on annual income.
# of
Persons in Family 80% of the Area Median Income
__________________________________________________________________________________________
1 $32,600
2 $37,250
3 $41,900
4 $46,550
5 $50,300
6 $54,000
7 $57,750
8 $61,450
To comply with requirement of funding sources, the resident is required to give us information on income and family size
in order to qualify as a Section 3 Resident. You must provide a self-certification that the information you provide is true to
the best of your knowledge. Additionally, if asked, you will need to verify income and understand that you may be asked
to do this. All information is kept confidential for records keeping and reporting requirements. No information will be
released without the written consent of the individual.
“I certify that all information provided on this application is true to the best of my knowledge. I also understand that, if
asked, I will provide verification of income.”
_______________________________ _____________________________ ___________________________
Printed Name Signature Date
35
14
Attachment 2:
CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3
Business Name: Business Type:
Mailing Address: Contact Name:
Telephone Number: Email:
I claim status as a Section 3 Business as the type indicated below:
This is a self certification process however the documentation listed by each type should be stored as
evidence of status and available for review.
_____ Type 1: Section 3 resident-owned enterprise (51% or more of owners are Section 3 residents:
____ Copy of resident lease ____ Copy of receipt of public assistance
____ Copy of evidence of participation ____ Other evidence
in a public assistance program
_____ Type 2: At least 30 percent (30%) of employees (permanent, full-time) are currently Section 3
residents or were Section 3 eligible residents within 3 years to date of first employment with the
business:
____ List of all current full-time employees ___ List of employees claiming Section 3 status
____ PHA/IHA Residential lease less ___ Other Evidence of Section 3 status less than
than 3 years from day of employment 3 years from date of employment
_____ Type 3: Business subcontracts 25 percent (25%) of the dollar awarded to qualified Section 3
businesses:
____ List of subcontracted Section 3 business(es) and subcontract amount
Additional documentation:
____ Copy of Articles of Incorporation ____ Certificate of Good Standing
____ Assumed Business Name Certificate ____ Partnership Agreement
____ List of owners/stockholders and % ____ Corporation Annual Report
ownership of each ____ Latest Board minutes appointing officers
____ Organization chart with names and ____ Additional documentation
titles and a brief Function Statement
You must provide a self-certification that the information you provide is true to the best of your
knowledge. Additionally, if asked, you will need to verify certification and understand that you may be
asked to do this. All information is kept confidential for records keeping and reporting requirements.
No information will be released without the written consent of the individual.
“I certify that all information provided on this application is true to the best of my knowledge. I also
understand that, if asked, I will provide Verification of Certification.”
___________________________ _________________________ ___________________
Authorized Printed Name Signature Date
36
15
Attachment 3:
Section 3 Clause
All Section 3 covered contracts must include the following clause:
A. The work to be performed under this contract is subject to the requirements of Section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the
greatest extent feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this
contract certify that they are under no contractual or other impediment that would prevent
them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the contractor's
commitments under this Section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set forth
the minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding
that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will
not subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and
(2) with persons other than those to whom the regulations of 24 CFR part 135 require
employment opportunities to be directed, were not filled to circumvent the contractor's
obligations under 24 CFR part 135.
37
16
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD assisted
contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires
that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to
comply with Section 3 to the maximum extent feasible, but not in derogation of compliance
with section 7(b).
The existing Procurement Policy also contains goals for awarding contracts to Small
Disadvantaged Business.
38
17
Attachment 4:
SECTION 3 BID REQUIREMENTS PACKET
CITY OF COLLEGE STATION
INTRODUCTION
The purpose of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u)
(Section 3), as amended by the Housing and Community Development Act of 1994, requires
that, to the greatest extent feasible, employment and other economic opportunities generated
by HUD funds be directed to low- and very low-income residents. 24 CFR Part 135 establishes
the standards and procedure to be followed in order to ensure that the requirements of
Section 3 are met.
Section 3 requirements apply to all recipients of HUD Community Planning and Development
funding exceeding $200,000.
Section 3 covered projects are those in which a combined (or aggregate) amount of covered
funding exceeding $200,000, is invested into activities involving housing construction,
demolition, rehabilitation, or other public construction – i.e. roads, sewers, community center,
etc.
Contractors or subcontractors that receive contracts in excess of $100,000 for Section 3
covered projects/activities are required to comply with Section 3 regulations in the same
manner as direct recipients. Section 3 covered contracts do not include contracts for purchase
of supplies and materials unless the contract includes the installation of the materials.
A business concern seeking to qualify for a Section 3 contracting preference shall certify or
submit evidence that the business concern qualifies as a Section 3 Business concern. (Refer to
What is a Section 3 Business Concern?). The Section 3 Business must also be able to
demonstrate its ability to complete the contract. The ability to perform successfully under the
terms and conditions of the proposed contract is required of all contractors and subcontractors
subject to the procurement standards of 24 CFR 85.36, 24 CFR 85.36b(8).
Contractors who do not qualify as Section 3 Business concerns, but who enter into contracts
with the City of College Station must agree to comply with certain general conditions (refer to
Section 3 Clause). All contractors and subcontractors, including Section 3 Businesses, must
comply with these general conditions. Included in these conditions is the requirement the
The objective of community development programming for the City of College Station is to benefit
low- and moderate-income residents by: encouraging the expansion and accessibility of human
services; expanding and improving public facilities and infrastructure where needed; expanding
economic opportunities in the community; supporting City programs and non-profit and for-profit
partners to provide an adequate supply of decent, safe, and affordable housing.
39
18
Contractor complete a Section 3 Opportunities Plan and that each contractor and subcontractor
submit with each pay request a report of Section 3 compliance (refer to Section 3 Compliance
Report). Failure to comply with these general conditions may lead to sanctions which can
include termination of the contract for default and suspension or debarment from future HUD-
assisted contracts (refer to Sanctions for Contractors Noncompliance).
Please direct any questions you may have regarding this information to:
Debbie Eller, Community Development Manager
Planning & Development Services Department
City of College Station
979-764-3771 or deller@cstx.gov
WHO IS A SECTION 3 RESIDENT?
For purposes of the City of College Station (CoCS), a Section 3 Resident is:
· A public housing resident.
· A resident who currently maintains a voucher for housing assistance.
· An individual who lives within the CS-B MSA and whose income falls within the
guidelines for low- or very low-income.
NOTE: A resident seeking to qualify as a Section 3 Resident shall certify and submit evidence
that the resident meets one of the guidelines stated above. (Refer to Section 3 Resident
Certification Form - Exhibit 1)
WHAT IS A SECTION 3 BUSINESS CONCERN?
A Section 3 Business Concern is a business concern, as defined in this section –
· That is fifty-one percent (51%) or more owned by Section 3 residents, or
· Whose permanent, full time employees include persons, at least 30% of whom are
currently Section 3 residents, or within three years of the date of first employment
with the business concern were Section 3 residents; or
· That provides evidence of a commitment to subcontract in excess of twenty-five
percent (25%) of the dollar award for all subcontracts to be awarded to business
concerns that meet the qualifications set forth in items (1) and (2) above.
NOTE: A business concern seeking to qualify for Section 3 shall certify and submit evidence that
the business meets one of the guidelines stated above. (Refer to Certification for Business
Concerns Seeking Section 3 Preferences in Contracting and Demonstration of Capability Form-
Exhibit 2). To assist in the determination to certify as a Section 3 Business Concern, please refer
to the Section 3 Certification Worksheet - Exhibit 3.
40
19
WHAT IF MY BUSINESS DOES NOT QUALIFY AS A SECTION 3 BUSINESS?
The City of College Station will, to the greatest extent feasible, offer contracting opportunities
to Section 3 Business concerns. However, in the event of no Section 3 Business bids on a
contract, or bids but is not able to demonstrate to the City of College Station’s satisfaction that
it has the ability to perform successfully under the terms and conditions of the proposed
contract, then that contract will be awarded to a non-Section 3 business concern that can meet
the terms and conditions, including Section 3, of the proposed contract through the
competitive bidding process.
WHO RECEIVES ECONOMIC OPPORTUNTIES UNDER SECTION 3?
For training and employment:
· Persons in public and assisted housing;
· Persons residing in the area where the HUD financial assistance is expended; and
· Participants in HUD Youth-build programs.
For contracting:
· Businesses which fit the definition of a Section 3 business in 24 CFR 135.5.
· For Developers, contractors, and subcontractors seeking contracting preferences as a
Section 3 business concern, the CoCS will certify these businesses as Section 3 business
concerns.
ORDER OF PROVIDING PREFERENCE EMPLOYMENT OF SECTION 3 RESIDENT
Recipients, contractors and subcontractors shall direct their efforts to provide, to the greatest
extent feasible, training and employment opportunities generated from the expenditure of
Section 3 covered assistance to Section 3 residents in the following order of priority:
· Category 1- Section 3 Resident - Residents of the neighborhood or surrounding area in
which the contract will be expended.
· Category 2- Section 3 Resident - Residents of other areas within the College Station-
Bryan area.
· Category 3- Section 3 Resident - Participants in HUD Youthbuild program being carried
out.
· Category 4- Section 3 Resident - All other residents (including Section 8 recipients) of the
College Station-Bryan MSA who meet the income guidelines for Section 3 preference
(refer to Section 3 Income Limits).
41
20
In all cases, applicants must meet the minimum qualifications for the position. In no instance
shall it be construed that preference is given to Section 3 residents who do not meet these
minimum qualifications.
HOW TO COMPLY WITH SECTION 3
Contractors and subcontractors are required to fulfill Section 3 requirements. To the greatest
extent feasible, attempt to either:
· Employ or train Section 3 residents.
· Award ten percent (10%) of the total dollar amount of the contract for building trades
work and three percent (3%) of other contracts to certified Section 3 business concerns.
All contractors responding to this bid must submit a completed Contractor Section 3
Certification Form – Exhibit 5.
SECTION 3 OPPORTUNITIES PLAN
A Section 3 Opportunities Plan (SOP) from the contractor and subcontractors must be
submitted to the COCS Community Development Division and approved immediately following
the notice of award of the contract and prior to the start of construction. The SOP can be
amended at any time after approval if necessary to ensure compliance. Contractors and
subcontractors must maintain documentation of activities and outreach attempts. A sample
SOP can be found as Exhibit 4.
Contractors and subcontractors must submit monthly reports regarding their Section 3
activities. The forms required for reporting are found in the SOP. A final, cumulative Section 3
report is required to be submitted within 5 days of project completion. All reports will be
submitted to the CoCS Section 3 Compliance staff.
SECTION 3 CLAUSE
AS PER 24 CFR 135.38, All Section 3 covered contracts and subcontracts must include a
Section 3 Clause. This clause can be found as Exhibit 6.
NOTICE OF COMMITMENT
A Notice of Commitment to comply with Section 3 must be posted on the worksite when you
start your Section 3 Plan. The required notice can be found as Exhibit 7.
MONITORING AND ENFORCEMENT AUTHORITY AND RESPONSIBILITY
CoCS will monitor all Section 3 contractors and subcontractors. Monitoring will include review
of SOP, selected contracts, payrolls and other supportive documentation. Additionally, CoCS
42
21
may conduct on-site interviews of workers, contractors and subcontractors.
The function of compliance of Section 3 will be carried out by the Section 3 Coordinator, as
specified in the Contractor Section 3 Compliance Certification form submitted with the bid.
CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITIES
Each contractor and subcontractor is required to comply with the requirements of Section 3 for
new employment, training, or contracting opportunities resulting from the expenditure of
covered funding. This responsibility includes:
Implementing procedures to notify Section 3 resident and business concerns about training,
employment, and contracting opportunities generated by Section 3 covered assistance;
· Notifying potential contractors and subcontractors working on Section 3 covered
projects of their responsibilities;
· Incorporating the Section 3 Clause into all covered solicitations and contracts (see 24
CFR Part 135.38);
· Facilitation of the training and employment of Section 3 residents and the award of
contracts to Section 3 business concerns;
· Assisting and actively cooperating with the City to ensure compliance by:
O Completing a Section 3 Opportunities Plan;
O Submitting regular reports including information on new hires, trainees, and
award of contracts and subcontracts:
O Refraining from entering into contracts with contractors/subcontractors that are
in violation of Section 3 regulations;
O Documenting actions taken to comply with Section 3; and
O If notified of non-compliance, correcting non-compliance within allowable time
period.
SECTION 3 SPECIAL CONDITIONS
The City of College Station has initiated efforts to enhance resident hiring in the Bryan College
Station Metropolitan Statistical Area (MSA). These initiatives are designed to set the
requirements for resident hiring and developing and/or strengthening administrative
procedures for facilitating contractor’s hiring of College Station residents, other low income
and/or very low income residents residing in the City of College Station.
PROCUREMENT DOCUMENTS
Each bidder/proposer must submit the Contractor Section 3 Compliance Certification with their
bid. If a bidder/proposer fails to submit a Contractor Section 3 Compliance Certification such
43
22
bid/proposal will be declared as “non-responsive”.
For invitations for Bids (“IFB”) where awards are made to the lowest, responsive and
responsible bidder, the bidder’s commitment to satisfy College Station resident hiring
requirements will be a factor used in determining whether the bidder is “responsive”.
For RFQ’s, RFP’s and IFB’s, contractors shall be required to detail the cost of the bid or proposal
by separately categorizing contract cost labor (person hours and dollar amounts).
ENFORCEMENT
The CoCS will monitor contractor compliance over the life of the contract as follows:
· Review compliance monthly and cumulatively
· Monitor contractor response to deficiencies in compliance
The contractor shall provide a status report identifying its progress in meeting the Section 3
goals, as established, on a monthly basis throughout the contract period. The monthly status
report shall be submitted no later than 15 days after the end of each calendar month of the
contract (i.e. April 15 for March). For any goal not met, the report shall identify any other
economic opportunities which the contractor has provided or intends to provide to CoCS
residents. This report will provide the CoCS with all information required to monitor
compliance with its Section 3 plan including, but not limited to, new hires, core employees,
certified payroll, workforce utilization and other relevant data to be specified.
SECTION 3 COMPLAINTS
Section 3 residents, businesses or their representatives may file a complaint, in writing, with
the local HUD field office. Complaints must be received no later than 180 days from the date of
action or omission. If more information is needed, HUD staff shall request it from the person
making the complaint. If requested information is not provided within 60 days, the complaint
may be closed.
A determination is made regarding the legitimacy of the complaint within 10 days. If the
complaint is determined to be legitimate, the recipient/grantee has 60 days to resolve the
issue. If the complaint is not resolved after 60 days, the complaint may be referred to the office
of the Assistant Secretary for Fair Housing and Equal Opportunity.
Written complaints should contain the following information:
· Name and address of complainant
· Name and address of subject of complaint
· Description of acts or omissions in alleged violation of Section 3 requirements
· Statement of corrective action sought
44
23
Exhibit 1
CITY OF COLLEGE STATION
SECTION 3 RESIDENT CERTIFICATION FORM
Eligibility for Preference
A Section 3 resident seeking the preference in training and employment provided by this part
shall certify, or submit evidence to the recipient contractor or subcontractor, if requested, that
the person is a Section 3 resident, as defined in Section 135.5. (An example of evidence of
eligibility for the preference is evidence of receipt of public assistance, or evidence of
participation in a public assistance program.)
Exhibit 2
Certification for Resident Seeking Section 3 Preference in Training and Employment
I, ________________________, am a legal resident of the College Station–Bryan area and meet the income eligibility guidelines for a low-
or very low-income person as published below.
My permanent address is __________________________________ City________________________________ Zip __________________
Employment Skills ________________________________________________________________________________________________
I have attached the following documentation as evidence of my status:
__ Copy of lease __ Copy of receipt of public assistance or public housing asssistance
__ Other evidence (i.e. household income)
2012 Median Income Limits
Please circle the number of family members in the family and indicate that the household income is equal to or less than 80% of the area
median income listed for the household size. Calculation of Family Income should include: gross wages and salaries, social security
income, pensions, child support, Temporary Assistance for Needy Families (TANF)/food stamps, and any other source of income. This
chart is based on annual income.
# of
Persons in Family 80% of the Area Median Income
________________________________________________________________________________________________________________
1 $32,600
2 $37,250
3 $41,900
4 $46,550
5 $50,300
6 $54,000
7 $57,750
8 $61,450
To comply with requirement of funding sources, the resident is required to give us information on income and family size in order to qualify
as a Section 3 Resident. You must provide a self-certification that the information you provide is true to the best of your knowledge.
Additionally, if asked, you will need to verify income and understand that you may be asked to do this. All information is kept confidential
for records keeping and reporting requirements. No information will be released without the written consent of the individual.
“I certify that all information provided on this application is true to the best of my knowledge. I also understand that, if asked, I will provide
verification of income.”
_______________________________ _____________________________ ___________________________
Printed Name Signature Date
45
24
Exhibit 2
CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3
Business Name: Business Type:
Mailing Address: Contact Name:
Telephone Number: Email:
I claim status as a Section 3 Business as the type indicated below:
This is a self certification process however the documentation listed by each type should be stored as
evidence of status and available for review.
_____ Type 1: Section 3 resident-owned enterprise (51% or more of owners are Section 3 residents):
____ Copy of resident lease ____ Copy of receipt of public assistance
____ Copy of evidence of participation ____ Other evidence
in a public assistance program
_____ Type 2: At least 30 percent (30%) of employees (permanent, full-time) are currently Section 3
residents or were Section 3 eligible residents within 3 years to date of first employment with the
business:
__ List of all current full-time employees __ List of employees claiming Section 3 status
__ PHA/IHA Residential lease less __ Other evidence of Section 3 status less than
than 3 years from day of employment 3 years from date of employment
_____ Type 3: Business subcontracts 25 percent of the dollar awarded to qualified Section 3 businesses:
___ List of subcontracted Section 3 business(es) and subcontract amount
Additional documentation:
____ Copy of Articles of Incorporation ____ Certificate of Good Standing
____ Assumed Business Name Certificate ____ Partnership Agreement
____ List of owners/stockholders and % ____ Corporation Annual Report
ownership of each ____ Latest Board minutes appointing officers
____ Organization chart with names and ____ Additional documentation
titles and a brief Function Statement
You must provide a self-certification that the information you provide is true to the best of your
knowledge. Additionally, if asked, you will need to verify certification and understand that you may be
asked to do this. All information is kept confidential for records keeping and reporting requirements.
No information will be released without the written consent of the individual.
“I certify that all information provided on this application is true to the best of my knowledge. I also
understand that, if asked, I will provide verification of Certification.”
___________________________ _________________________ ___________________
Authorized Printed Name Signature Date
46
25
Exhibit 3
SECTION 3 BUSINESS CERTIFICATION WORKSHEET
Does Your Firm Meet The Definition of a Section 3 Business?
If you answer yes to any of the questions below, your firm is
considered a Section 3 Business!
1. Is 51% of Your Business Owned By Section 3 Residents*?
a. Total Number of Business Owners:
b. Number of Business Owners That Meet the Definition of a
Section 3 Resident:
Percentage:
2. Does 30% of Your Current Full-Time Staff Meet the Definition of a
Section 3 Resident?
a. Total Number of Full-Time Employees:
b. Number of Full-Time Employees That Currently Meet the
Definition of a Section 3 Resident:
c. Number of Full-Time Employees That May Have Met the
Definition of a Section 3 Resident Within The Last 3 years:
Percentage:
3. Does Your Business have Evidence of Firm Commitment(s)** to
Provide 25% of the Total Dollar Amount of Subcontracts to
Section 3 Businesses?
a. Total Dollar Amount of Subcontracts To Be Awarded With HUD
Funds:
b. Total Dollar Amount of HUD-Funded Subcontracts To Be
Awarded To Section 3 Businesses:
Percentage:
Based on the responses above, your business qualifies for Section 3
certification
YES/NO
*Section 3 Residents are: 1) Public Housing residents or recipients of Housing Choice (Section 8)
Vouchers or 2) Low- or Very Low-Income Persons that reside within the metropolitan area or non-
metropolitan county of the project site.
**Acceptable evidence of firm commitment would include a binding letter to specific existing
Section 3 firms conditioned upon the award of contract.
47
26
Exhibit 4
INSTRUCTIONS FOR COMPLETEING THE SECTION 3 OPPORTUNITES PLAN
(CONSTRUCTION & PROFESSINAL CONTRACTS)
The purpose of Section 3 is to ensure that jobs and economic opportunities generated by HUD
financial assistance for housing and community development programs shall be directed
towards low and very low income persons, particularly those who are recipients of government
assistance for housing and business concerns which provide economic opportunities to low and
very low income person.
The Section 3 Opportunities Plan is to be completed for construction and professional
contracts. There are four ways in which Section 3 can be fulfilled. They are listed in order of
preference:
· Contracting company is owned by 51% or more certified Section 3 Residents.
· Subcontract or joint venture with a resident owned business. The business must be 51%
or more owned by low- and very low-income individuals, or subcontractor/joint venture
with a business that employs full-time 30% or more low- and very low-income
individuals within the City of College Station MSA, or
· Direct hiring and employment of at least 30% of low- or very low-income neighborhood
residents, or
· Incur the cost of providing skilled training for residents in an amount commensurate
with the sliding scale set forth. Such training shall be determined after consultation with
the Section 3 Coordinator of the City of College Station.
If a prime contractor is unable to satisfy College Station resident hiring requirements per the
above, the requirements may be satisfied through any subcontractors that may be involved in
the project.
Part 1: Opportunities Plan
Option 1: Indicate that contracting company is owned by 51% or more certified Section 3
Residents.
Option 2: Indicate if the (sub) contractor has identified a resident owned business or a business
which employs 30% or more Section 3 Residents. This paragraph is to be completed by
indicating the number of resident owned businesses that will be used on the project shown at
the end of the paragraph.
48
27
Option 3: Indicate if the (sub)contractor plans to hire Section 3 Residents to work for its
company, paragraph 2 must be completed with the contract/spec number and the percentage
of compliance in hiring the residents. For example, if your contract amount is $100,000, the
Section 3 dollar amount that must be expended is 10% of your labor dollars or $10,000. If the
whole amount is to be expended on the resident's salary, then 100% is to be inserted on the
percent line. If a percentage amount less than 100% will be expended on the resident’s salary,
that amount must be inserted on the line and the remaining percentage must be expended
through subcontracting/joint venturing with a resident owned business or a business that
employs 30% or more residents, in which case, the corresponding paragraph must be
completed.
Part 2: Subcontracting Survey
This part of the Opportunities Plan will include information on anticipated subcontracts
indicating how the Section 3 goals will be met.
1) Indicate the Project Name
2) Indicate the Contract Number
3) Indicate the Total Contract Amount
4) Indicate all types of subcontracts to be awarded (anticipated)
5) Indicate the total number of subcontracts to be awarded (anticipated)
6) Indicate the total dollar amount of subcontracts to be awarded (anticipated)
7) Indicate the total number of subcontracts to be awarded to Section 3 Business Concerns
(anticipated)
8) Indicate the total dollar amount of subcontracts to be awarded to Section 3 Business
Concerns (anticipated)
Part 3: Labor Survey
This part of the Opportunities Plan will include current employees and information on
anticipated new hires indicating how the Section 3 goals will be met.
1) Indicate the Project Name
2) Indicate the Contract Number
3) Indicate all job titles that will be needed to complete this project
4) Include the total number of positions needed to complete this project
5a) Indicate the number of positions that are currently filled (at time of bid/proposal
submission)
5b) Indicate the number of positions that are currently filled with certified Section 3
Residents
6a) Indicate the number of positions that will need to be filled to complete this project
6b) Indicate the number of positions that will be filled with certified Section 3 Residents
49
28
Part 4: Efforts to Comply with Section 3 Hiring and Contracting Goals Narrative
Please describe in a narrative the efforts you plan to make or have already made in order to
comply with Section 3 Hiring and Contracting goals. A bulleted list of voluntary efforts that will
be undertaken should be included.
Section 3 Compliance Activity Reporting - Part 5, Part 6 and Part 7 include reports that must be
submitted on a monthly basis. A final cumulative report must be submitted within 5 days of
project completion.
Part 5: Subcontracting Report (Monthly and Cumulative Final)
This report is to be completed after the subcontracts have been awarded. This list is to be
included with the monthly Section 3 report and a final cumulative report that must be
submitted within 5 days of project completion.
1) Indicate the Project Name
2) Indicate the Contract Number
3) Indicate the Total Contract Amount
4) Indicate the Reporting Period
5) Indicate all types of subcontracts to be awarded (actual)
6) Indicate the total number of subcontracts to be awarded (actual)
7) Indicate the total dollar amount of subcontracts to be awarded (actual)
8) Indicate the total number of subcontracts to be awarded to Section 3 Business Concerns
(actual)
9) Indicate the total dollar amount of subcontracts to be awarded to Section 3 Business
Concerns (actual)
Part 6: Resident List – Hiring Report (Monthly and Cumulative Final)
This report is to be completed after the contract has been awarded; interviews have taken
place and residents have been hired. This list is to be included with the monthly Section 3
report and a final cumulative report that must be submitted within 5 days of project
completion.
1) Indicate the project name
2) Indicate the contract number
3) Indicate the reporting period
4) Indicate the job title
5) Indicate the Section 3 new hire’s name
50
29
6) Indicate the new hire’s address including street, city and zip code.
7) Include the employee’s identification number (this can be the last 4 numbers of social
security or an assigned number)
8) Indicate what business hired this employee
Part 7: Actual Efforts Completed to Comply with Section 3 Hiring and Contracting Goals
Narrative
Please describe in a narrative the ACTUAL efforts you completed in order to comply with
Section 3 Hiring and Contracting goals. A bulleted list of all efforts should be included.
Part 8: Acknowledgment
The final Section 3 Opportunities Plan must be signed and include the title of the person
executing the plan.
The Section 3 Opportunities Plan must be completed immediately upon notice of award and
submitted to the Section 3 Coordinator prior to final execution of the contract. The Section 3
Compliance staff with the City of College Station can provide assistance in completing this plan.
Section 3 Best Practices & Techniques for Section 3 Compliance:
1) Advertisement of opportunities in general circulation media, Section 3 targeted median
and minority and women focused media; HUD Youthbuild programs, to provide
disadvantaged youth opportunities for employment, education, leadership development
and training.
2) Directing written solicitations to Section 3 Residents and Section 3 Business Concerns
for specific contracting opportunities when possible.
3) Identifying portions of work where Section 3 Residents or Section 3 Business Concerns
are likely to be successful.
4) Providing specific reasons for non-utilization of unsuccessful Section 3 Residents or
Section 3 Business Concerns.
5) Establishing programs to assist Section 3 Residents or Section 3 Business Concerns to
meet insurance, bonding, and other contracting requirements.
6) Employing joint venture agreements whenever feasible.
7) Erection of signage at project sites soliciting Section 3 Residents and Section 3 Business
Concerns.
8) Maintain records (including copies of correspondence, memoranda) that document the
process and steps followed to encourage utilization of Section 3 job training,
51
30
employments, contracting and economic opportunities by Section 3 Residents and
Section 3 Business concerns.
9) Inclusion of Section 3 Plans of the Recipient and its Contractors and Subcontractors in
bid documents or other contract solicitations.
10) Contact resident councils and community organization in the housing development or
developments where Section 3 residents reside to request assistance in notifying
residents of the employment and training positions to be filled.
11) Entering contracts on a negotiated rather than a bid basis whenever possible.
12) Maintain assistance to the Chamber of Commerce Small Business Development to assist
Section 3 businesses with the development of a business profile and other
administrative activities.
13) When feasible, holding job information meetings and workshops to assist Section 3
residents in completing applications.
14) Arranging to conduct interviews in the housing development or developments or the
neighborhood service area of a project.
15) Appoint or recruit an executive official of a company or agency as Equal Opportunity
Officer to coordinate the implementation of the Section 3 plan.
52
31
SECTION 3 OPPORTUNTIES PLAN
Project Name: Business Name:
Contract Amount: Developer:
Principal Contact Name: Principal Contact Telephone:
Subcontractor: Yes Certified Section 3 Business Concern:
Yes
PLAN GOALS:
I intend to comply with the requirements of SECTION 3 OF THE HOUSING AND URBAN
DEVELOPMENT ACT OF 1968:
PART 1: OPPORTUNITIES PLAN
____ Option 1:
The Contracting company is owned by 51% or more certified Section 3 Residents.
____ Option 2:
The Contractor has committed to employ or train College Station low and very low-income area
residents in order to comply with its Section 3 requirements. ______ (30% or more) of its new
hires during the term of the contract will be Section 3 residents. The Contractor affirms that
the jobs identified shall be for meaningful employment that may or may not be related to the
scope of services covered under the contract.
____ Option 3:
The Contractor has identified certified Section 3 business(es) to comply with its Section 3
requirements under the contract. The contractor agrees to contract $___________ of the
$_________(total contract award) to Section 3 Business Concerns. Twenty-five (25%) percent
may be awarded for building trades work and three percent (3%) of all other Section 3 covered
contracts.
53
32
PART 2: SUBCONTRACTING WITH SECTION 3 BUSINESS CONCERNS:
SUBCONTRACTING SURVEY
(1) PROJECT NAME (2) CONTRACT NUMBER
(3) CONTRACT AMOUNT:
(4) Types of Contract (5) Total # of
Contracts
(6) Total
Estimated
Dollar
Amount
(7) Estimated #
of Contracts
to Section 3
Business
Concerns
(8) Estimated
Dollar
Amounts to
Section 3
Business
Concerns
PART 3: LABOR SURVEY
LABOR SURVEY
(1) PROJECT NAME (2) CONTRACT NUMBER
(3)
JOB TITLE
(4)
TOTAL # OF
EMPLOYEES
NEEDED FOR
THIS PROJECT
NUMBER OF POSITIONS
(5) CURRENTLY FILLED (6)HIRING GOAL
(a)
TOTAL
(b)
# of SECTION 3
RESIDENTS
(a)
TO BE HIRED
(b)
# of SECTION 3
RESIDENTS
PART 4: EFFORTS TO COMPLY WITH SECTION 3 HIRING AND CONTRACTING GOALS
NARRATIVE
Please describe in a narrative the efforts you plan to make or have already made in order to
comply with Section 3 Hiring and Contracting goals. A bulleted list of voluntary efforts that will
be undertaken should be included.
54
33
PART 5: SUBCONTRACTING REPORT (MONTHLY AND CUMULATIVE FINAL REPORT)
SUBCONTRACTING REPORT
(1) PROJECT NAME (2) CONTRACT NUMBER
(3) CONTRACT AMOUNT: (4) REPORTING PERIOD
(5) Types of
Subcontracts
(6) Total # of
Subcontracts
(7) Total Dollar
Amount
(8) Total #. of
Contracts to
Section 3
Business
Concerns
(9) Total Dollar
Amounts to
Section 3
Business
Concerns
PART 6: RESIDENT LIST – HIRING REPORT (MONTHLY AND CUMULATIVE FINAL REPORT)
RESIDENT LIST – HIRING REPORT
(1) PROJECT NAME (2) CONTRACT NUMBER
(3) REPORTING PERIOD:
(4) JOB TITLE (5) SECTION 3
RESIDENT NAME (6) ADDRESS
(7)
EMPLOYEE
ID NUMBER
(8)
CONTRACTOR/
SUBCONTRACTOR
PART 7: ACTUAL EFFORTS COMPLETED TO COMPLY WITH SECTION 3 HIRING AND
CONTRACTING GOALS NARRATIVE
Please describe in a narrative the ACTUAL efforts you completed in order to comply with
Section 3 Hiring and Contracting goals. A bulleted list of all efforts should be included.
55
34
PART 8: AUTHORIZATION OF SECTION 3 OPPORTUNITIES PLAN
The Contractor hereby agrees to comply with all the provisions of Section 3 as set forth in
24 CFR 135.1. The Contractor commits to conduct aggressive outreach and notification to
potential Section 3 Residents and Section 3 Business Concerns of hiring opportunities and
contracting opportunities.
Contractor agrees to include the “Section 3 Clause” in all its contracts in connection with work
to be performed in Section 3 covered contracts. The Contractor agrees to require all
subcontractors to submit a Section 3 Opportunities Plan including goals and the specific steps
planned to accomplish those goals and required monthly reports and final reports.
The failure of the contractor to comply with the above-approved plan shall be a material breach
of the contract.
Authorized Signature: _____________________________ Date: _____________________
Title: __________________________________________________
56
35
EXHIBIT 5
CONTRACTOR SECTION 3 COMPLIANCE CERTIFICATION -Must be submitted with bid
NAME OF PRIME CONTRACTOR:
_______________________________________________________________
CONTRACTOR QUALIFIES AS A SECTION 3 BUSINESS CONCERN: YES/NO (circle one)
PROJECT:
______________________________________________________________________________
BID NUMBER:
_____________________________________________________________________________
CONTRACTOR’S SECTION 3 COORDINATOR:
NAME:
______________________________________________________________________________
TITLE:
______________________________________________________________________________
CONTACT INFORMATION:
______________________________________________________________________________
NOTICE: THIS DOCUMENT IS REQUIRED FOR ALL CONSTRUCTION OR LABOR RELATED PROJECTS.
The Contractor hereby agrees to comply with all the provisions of Section 3 as set forth in
24 CFR 135.38.3 requirements.
The contractor hereby agrees to submit its Section 3 Opportunities Plan upon notice of award
of the contract and prior to final execution of the contract.
The Contractor and subcontractor(s) shall provide status reports identifying its progress in
meeting the Section 3 goals established in this Section 3 Opportunities and Utilization Plan on a
per draw basis throughout the contract period.
Failure to comply with these general conditions may lead to sanctions which can include
termination of the contract for default and suspension or debarment from future HUD-assisted
contracts.
Acknowledged by: (President or Authorized Officer)
________________________________ Date: ___________________________
57
36
EXHIBIT 7
SECTION 3 NOTICE OF COMMITMENT
TO: Residents of College Station and surrounding areas
The following project named __________________________________________ located at
_______________________________________ is a Section 3 covered project pursuant to
Section (C) of 24 CFR 135.38, of Section 3 of the Housing and Urban Development Act of 1968,
which received funding from the City of College Station.
This project may require the hiring of qualified low-income residents (Section 3 Residents) or
contracting with low-income businesses (Section 3 Business Concerns).
The following economic opportunities are available:
Positions Training Contracting
Please contact __________________________regarding these opportunities at the following
number ______________________.
The anticipated date the work shall begin is _______________.
If you apply for a job as a Section 3 Resident you may be required to submit information
verifying your income and family size. Section 3 Residents wishing to receive hiring preferences
on Section 3 covered projects should refer to the order of priority listed below. Businesses
wishing to receive preferences as a Section 3 Business Concern must be certified with the City
of College Station prior to being awarded preferences as a Section 3 Business Concern.
If you have any questions, please contact the City of College Station (CoCS) at 979-764-3778.
Employment Preferences Order of Priority
Category
1:
Residents of or in the area of the CoCS funded project who meet the low and very-
low income limits.
Category
2:
Public Housing residents in the College Station-Bryan MSA.
Category
3:
HUD Youthbuild program participants – for projects carried out in the project
boundary area.
Category
4:
Residents of Section 8 and all other residents meeting the income guidelines for
Section 3 preference.
58
37
Contracting Preferences Order of Priority
Category
1:
Business concerns that are 51 percent or more owned by residents of the
development or whose; permanent workforce includes 30% of these persons as
employees for a business located in the immediate area where the construction
work is performed.
Category
2:
HUD Youthbuild programs being carried out in the CoCS in which Section 3 covered
assistance is expended
Category
3:
Business concerns that are 51 percent or more owned by a Section 3 resident(s), or
whose permanent, full-time workforce includes no less than 30 percent
Section 3 residents; or that subcontract in excess of 25% of the total amount of
subcontracts to Section 3 business concerns.
59
60
May 14, 2012
Consent Agenda Item No. 2c
Brazos Valley Wide Area Communications System FY 13 Draft Operating Budget
To: David Neeley, City Manager
From: Ben Roper, IT Director
Agenda Caption: Presentation, possible action, and discussion regarding approval of the
Brazos Valley Wide Area Communications System (BVWACS) Operating Budget for FY 13
and authorizing the City’s quarterly payments of approximately $52,976 for an annual total
of $211,904.
Key Strategic Initiative: Core Services and Infrastructure
Recommendation(s): Staff recommends approval.
Summary: On June 26, 2008, Council approved the ILA establishing the BVWACS and the
ILA appointing the Brazos Valley Council of Governments (BVCOG) to act as the Managing
Entity for the BVWACS. In accordance with the BVWACS ILA a Draft Operating Budget for FY
13 was reviewed by the Governing Board on April 18, 2012. In accordance with the ILA,
budget approval requires a super majority (5 of the 6 members). Since only 4 voting
members were present, the Governing Board deferred budget approval to the July meeting,
and directed sending the proposed budget to each BVWACS Party for their action and
budget planning.
Each of the BVWACS Parties (Bryan, College Station, Brenham, Washington County, Brazos
County, Texas A&M University) has 30 days to review the draft budget. If any BVWACS
Party does not agree with the draft BVWACS Budget as presented, it must provide the
Governing Board with a detailed explanation of its issues with the draft Budget within 30
days after receipt.
A final vote on the draft budget is set for the next Governing Board meeting on July 18,
2012.
Budget & Financial Summary: If approved by Council funding for the entire BVWACS FY
12 Operating Budget will be included in the Information Technology FY 12 Operating Budget
Attachments:
1. Draft BVWACS FY 13 Budget
61
EXPENSES PROPOSED FY2013 BVWACS FY2012 BVWACS FY2011 BVWACS FY2010
Personnel
System Manager 91,052 91,052 88,400 88,400
BVCOG Staff 19,351 18,787 18,240 17,000
Benefits 33,941 32,952 31,992 31,620
Total Personnel 144,344 142,791 138,632 137,020
Direct Expenses
Travel 8,000 8,000 8,000 8,000
T-1 lines 109,164 105,816 106,002 76,800
Maintenance (Motorola)258,445 260,018 83,477 85,000
Maintenance (HCRRS)77,765 82,000
Supplies
Telephone Expense 1,400 1,398 1,344 1,200
Equipment
Contingency 13,000 13,000
Consultants
Postage, Printing, Training
Other Direct 15,000 13,000 1,500
Total Direct Expenses 469,774 470,232 211,823 185,500
Other Direct Expenses
Copier Expense 160 156 150
Postage Expense 192 188 134
Insurance 6,000 5,245 5,043
Training and Meeting Expense 2,500 2,500 2,500 4,500
Total Other Direct Expenses 8,852 8,089 7,827 4,500
Internal Service Funds
Accounting Svc ISF 4,608 4,431 4,261 10,887
System Adm ISF 10,149 9,759 9,384 6,171
Copy Fax Service ISF 513 493 474 2,335
Human Resource Management ISF 8,535 8,207 7,891 5,133
Office Space ISF 6,552 6,300 6,058 5,133
Recept Internet Loc Ph ISF 2,307 2,218 2,133 2,825
Core Supplies ISF 1,731 1,664 1,600 1,003
Supply Procurement ISF 807 776 746 1,733
Audit Expense 1,250
Total Internal Service Funds 36,452 33,848 32,547 33,279
Total Expenses before Indirect 659,422 654,960 390,829 360,299
Indirect Expenses
Indirect Cost Expense 17,804 10,162 9,771 4,953
Total Indirect Expenses 17,804 10,162 9,771 4,953
Total EXPENSES 677,226 665,122 400,600 365,252
COST ALLOCATION*
Brazos County (384)13.38%90,613 76,489 46,069 37,219
Brenham (278)9.69%65,623 65,847 39,659 17,970
Bryan (584)20.35%137,816 144,598 87,090 81,013
College Station (898)31.29%211,904 196,876 118,578 130,541
Texas A & M (279)9.72%65,826 75,558 45,508 48,067
Washington County (447)15.57%105,444 105,754 63,695 50,441
(Total = 2,870)
(Brenham & Washington Co, each)85,534 85,801 51,677 34,206
*NOTE: Updated participation rates for FY2013
Date Prepared: 4/12/2012
BRAZOS VALLEY WIDE AREA COMMUNICATIONS SYSTEM
PROPOSED FY2013 OPERATING BUDGET
62
May 14, 2012
Consent Agenda Item No. 2d
Intergovernmental Cooperative Purchasing Agreements
National IPA, National Joint Powers Alliance & U.S. Communities
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director Business Services
Agenda Caption: Presentation, possible action, and discussion regarding participation in
Intergovernmental Cooperative Purchasing Agreements with National Intergovernmental
Purchasing Alliance (NIPA), National Joint Powers Alliance (NJPA) and U.S. Communities
Government Purchasing Alliance (U.S. Communities) and authorize the Executive Director of
Business Services to apply for membership online on their website(s).
Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently
Recommendation(s): Staff recommends approval of the Intergovernmental Participation
Agreements with NIPA, NJPA and US Communities and authorization for the Executive
Director of Business Services to apply for membership online on their website(s).
Summary: These agreements would allow us to utilize contracts that have already been
competitively bid and awarded by other public agencies. Buying from these existing
contracts such as office supplies, furniture, computer equipment, chemicals and various
other contracts allows the City to obtain the bargaining power of a large group and reduces
the need for City staff to do individual solicitations of its own, therefore reducing advertising
costs and other internal overhead costs. The City is not obligated to use any of these
contracts, and will only do so when in our best interests. Other agencies participating
include the State of Texas, City of Fort Worth, City of Houston, City of Huntsville, and
numerous other cities, counties and school districts in Texas and other states. The use of
these contracts complies with Chapter 791.025 of the State of Texas Government Code.
Budget & Financial Summary: No expenses will be incurred to approve the
Intergovernmental Agreements. Future savings may be realized through economies of scale
in administrative, advertising and other purchasing costs.
Attachments:
Intergovernmental Cooperative Purchasing Agreements:
National Intergovernmental Purchasing Alliance (NIPA)
National Joint Powers Alliance (NJPA)
U.S. Communities Governmental Purchasing Alliance
63
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Agreement is made between certain government agencies that execute a Principal
Procurement Agency Certificate (“Principal Procurement Agencies”) to be appended and made a
part hereof and other public agencies (“Participating Public Agencies”) that register electronically
with National Intergovernmental Purchasing Alliance Company (“National IPA”) or otherwise
execute a Participating Public Agency Certificate to be appended and made a part hereof.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Principal Procurement
Agencies, a number of Suppliers have entered into Master Agreements to provide a variety of
goods, products and services based on national volumes (herein “Products”);
WHEREAS, Master Agreements are made available by Principal Procurement Agencies
through National IPA and provide that Participating Public Agencies may purchase Products on the
same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable
local purchasing ordinances and the laws of the State of purchase;
NOW, THEREFORE, in consideration of the mutual promises contained in this agreement,
and of the mutual benefits to result, the parties agree as follows:
1. That each party will facilitate the cooperative procurement of Products.
2. That the procurement of Products subject to this agreement shall be conducted in
accordance with and subject to the relevant statutes, ordinances, rules and regulations
that govern each party’s procurement practices.
3. That the cooperative use of solicitations obtained by a party to this agreement shall
be in accordance with the terms and conditions of the solicitation, except as
modification of those terms and conditions is otherwise allowed or required by
applicable law.
4. That the Principal Procurement Agencies will make available, upon reasonable
request and subject to convenience, information which may assist in improving the
procurement of products by the Participating Public Agencies.
5. That a procuring party will make timely payments to the Supplier for Products
received in accordance with the terms and conditions of the procurement. Payment
for Products and inspections and acceptance of Products ordered by the procuring
party shall be the exclusive obligation of such procuring party. Disputes between
procuring party and Supplier are to be resolved in accord with the law and venue
rules of the State of purchase.
6. The procuring party shall not use this agreement as a method for obtaining additional
concessions or reduced prices for similar products or services.
64
National Intergovernmental Purchasing Alliance Company
1600 Westgate Circle, Suite 275, Brentwood, TN 37027
Toll-Free (866) 408-3077 | info@nationalipa.org
7. The procuring party shall be responsible for the ordering of Products under this
agreement. A non-procuring party shall not be liable in any fashion for any violation
by a procuring party, and the procuring party shall hold non-procuring party
harmless from any liability that may arise from action or inaction of the procuring
party.
8. This agreement shall remain in effect until termination by a party giving 30 days
written notice to the other party. The provisions of paragraphs 5, 6 and 7 hereof
shall survive any such termination.
9. This agreement shall take effect after execution of the Principal Procurement Agency
Certificate or Participating Public Agency Registration, as applicable.
Authorized Signature, Participating Public Agency NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE COMPANY
___________________________________________ ___________________________________
Signature Signature
___________________________________________ ___________________________________
Name Name
___________________________________________ ___________________________________
Title Title
___________________________________________ ___________________________________
Agency Name Date
___________________________________________
Date
65
MEMBERSHIP AGREEMENT
PARTICIPATING MEMBER
12/28/2011
This Agreement, made and entered into this ______ day of ________, 20____,
by and between National Joint Powers Alliance®, hereinafter referred to as "NJPA" and
_______________________________________hereinafter referred to as the "Applicant".
Witnesseth:
That for a good and valuable consideration of the premises, mutual terms, covenants, provisions, and conditions
hereafter set forth, it is agreed by and between the parties as follows:
Whereas, the NJPA is created by Minnesota Statute §123A.21 (with membership further defined in M.S.
§471.59)to serve cities, counties, towns, public or private schools, political subdivisions of Minnesota or
another state, another state, any agency of the State of Minnesota or the United States including
instrumentalities of a governmental unit and all non-profits; and
Whereas, NJPA's purpose as defined in M.S. §123A.21 is to assist in meeting specific needs of clients which
could be better provided by NJPA than by the members themselves; and
Whereas, the NJPA Board of Directors has established the ability for an "Applicant" desiring to participate
in NJPA contracts and procurement programs to become a Participating Member; and
Whereas, the NJPA Board of Directors has determined that Participating Members will have no financial
or organizational liability to NJPA or to its organizational activities;
Now Therefore, it is hereby stipulated and agreed that the "Applicant" Agency desires to be a Participating
Member of NJPA with contract purchasing benefits, in accordance with terms and conditions of the applicable
contract(s), and that NJPA hereby grants said Membership to said "Applicant."
Term:
This continuing agreement shall remain in force or until either party elects to dissolve the Agreement by written
notice.
THEREFORE, IN WITNESS THEREOF,
the parties hereto have executed this Agreement the day and year written above.
National Joint Powers Alliance®
202 12th Street NE
Member Name: Staples, MN 56479
By _________________________________________ ______________________________________
AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE
Its __________________________________________ ______________________________________
TITLE TITLE
__________________________________________________________ _____________________________________________________
DATE DATE
66
MEMBERSHIP AGREEMENT
PARTICIPATING MEMBER
12/28/2011
PATICIPATING MEMBER INFORMATION
Applicant Name: _______________________________________
Address: _______________________________________
Federal ID Number: _______________________________________
Contact Person: _______________________________________
Title: _______________________________________
E-mail: _______________________________________
Phone: _______________________________________
Website: _______________________________________
APPLICANT ORGANIZATION TYPE:
K-12
Government or Municipality
Higher Education
Non-Profit
Other (please specify):
I WAS REFERRED BY: (please specify)
Advertisement _________________________________________
Current NJPA Member _________________________________________
Vendor Representative _________________________________________
Trade Show _________________________________________
NJPA Website _________________________________________
Other _________________________________________
Completed applications may be returned to:
National Joint Powers Alliance ®
202 12TH Street NE
Staples, MN 56479
Duff Erholtz
Phone 218-894-5490
Fax 218-894-3045
E-mail duff.erholtz@njpacoop.org
Please indicate an address to which your
Membership materials may be delivered.
Thank you.
67
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement (“Agreement”) is made between certain government
agencies that execute a Lead Public Agency Certificate (collectively, “Lead Public Agencies”) to be appended and made a
part hereof and other government agencies (“Participating Public Agencies”) that agree to the terms and conditions hereof
through the U.S. Communities registration process and made a part hereof.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Lead Public Agencies, in compliance with their own
policies, procedures, rules and regulations, a number of suppliers (each, a “Contract Supplier”) have entered into Master
Agreements with Lead Public Agencies to provide a variety of goods, products and services based on national and
international volumes (herein “Products and Services”);
WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S. Communities and provide that
Participating Public Agencies may purchase Products and Services on the same terms, conditions and pricing as the Lead
Public Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase;
WHEREAS, the parties desire to comply with the requirements and formalities of the Intergovernmental Cooperation Act as
may be applicable to the laws of the State of purchase;
WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;
WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the procurement of necessary
Products and Services;
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result,
the parties agree as follows:
1. That each party will facilitate the cooperative procurement of Products and Services.
2. That the procurement of Products and Services subject to this Agreement shall be conducted in accordance with and subject
to the relevant statutes, ordinances, rules and regulations that govern each party’s procurement practices.
3. That the cooperative use of solicitations obtained by a party to this Agreement shall be in accordance with the terms and
conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by
applicable law.
4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience, information which
may assist in improving the effectiveness, efficiency and economy of Participating Public Agencies’ procurement of
Products and Services
5. That the Participating Public Agency will make timely payments to the Contract Supplier for Products and Services receive d
in accordance with the terms and conditions of the procurement. Payment, inspections and acceptance of Products and
Services ordered by the Participating Public Agency shall be the exclusive obligation of such Participating Public Agency.
Disputes between the Participating Public Agency and Contract Supplier are to be resolved in accord with the law and
venue rules of the State of purchase.
6. The Participating Public Agency shall not use this Agreement as a method for obtaining additional concessions or reduced
prices for similar products or services.
7. The Participating Public Agency shall be responsible for the ordering of Products and Services under this Agreement. A
Lead Public Agency shall not be liable in any fashion for any violation by a Participating Public Agency, and the
Participating Public Agency shall hold the Lead Public Agency harmless from any liability that may arise from action or
inaction of the Participating Public Agency.
8. The exercise of any rights or remedies by the Participating Public Agency shall be the e xclusive obligation of such
Participating Public Agency.
9. This Agreement shall remain in effect until termination by a party giving thirty (30) days prior written notice to U.S.
Communities at 2033 N. Main Street, Suite 700, Walnut Creek, CA 94596.
10. This Agreement shall become effective after execution of the Lead Public Agency Certificate or
Participating Public Agency registration, as applicable.
68
69
70
71
72
EXAMPLE OF LEAD PUBLIC AGENCY CER'
I hereby acknowledge,on behalf afthe public agel1cy identified (the "~Public Agency")that I have
read and agree to the general terms and conditions set forth in the encldsed Ma.~ter Intergovernmental
Cooperative Purchasing Agreement (MICP A)regulating the use of the Mas
~
r Agreements and purchase of
Products that from time to time are made available by Lead Public Agency .Participating Public Agencies
nationwide through U.S.Communities.Copies of Master Agreements and oy amendments thereto made
available by Lead Public Agency will be provided to Suppliers and u.s.C~nnmunitieg to facilitate use by
Participating Public Agencies.
I understand that the purchase of one or more Products under the provisionslofthe MICPA is at the sole
and complete discretion of the Participating Public Agency.
,ead GovemInent Agency
Q.y:
Joe Sandoval,Divisioq Manager
Purchasing &Contra~Services
County of Los Angele~
/-2-{)(c
Date
VOt,I.O
73
LEAD PUBLIC AGENCY CERTIFICATE
i hereby acknowledge,on behalf ofUSD 259,Wichita Public Schools,KS (the "Lead Public Agency")that
I have read and agree to the general terms and conditions set forth in the enclosed Master
Intergovernmental Cooperative Purchasing Agreement (MICPA)regulating the use of the Master
Agreements and purchase of Products that nom time to tiffie are made available by Lead Public Agency to
Participating Public Agencies nationwide through U.S.Communities.Copies of Master Agreements and
any amendments thereto made available by Lead Public Agency will be provided to Vendors and U.s.
Communities to facilitate use by Participating Public Agencies.
I understand that the purchase of one or more Products under the provisions of the MICP A is at the sole
and complete discretion ofthe Participating Public Agency.
Request for Proposal
ROOFING SUPPLIES AND RELATED SERVICES
No.06-40021
Unified School District 259 -
Wichita (KS)Public Schools
BOE Approval 06/12/2006
Authorized Signature.
Darren Muci,Division Director
Name and Title of Signer
June 14,2006
Date
74
LEAD PUBLIC AGENCY CERTIFICATE
I hereby acknowledge,on behalf of the City of Los Angeles (the "Lead Public Agency")that I have read
and agree to the general terms and conditions set forth in the enclosed Master Intergovernmental
Cooperative Purchasing Agreement (MICPA)regulating the use of the Master Agreements and purchase of
Products that from time to time are made available by Lead Public Agency to Participating Public Agencies
nationwide through U.S.Communities.Copies of Master Agreements and any amendments thereto made
available by Lead Public Agency will be provided to Suppliers and U.S.Communities to facilitate use by
Participating Public Agencies.
I understand that the purchase of one or more Products under the provisions of the MICP A is at the sole
and complete discretion of the PaJiicipating Public Agency.
.xo'~-*ll ~w;wi1_
Authorized Signature,Lead Govern~ent Agency
J?'&-01
Date
75
76
77
78
79
80
81
82
83
May 14, 2012
Consent Agenda Item No. 2e
Renewal of Hot Mix Asphalt Price Agreement
To: David Neeley, City Manager
From: Chuck Gilman, PE, PMP, Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding the 2nd
renewal of bid #11-69 to Knife River to provide a six month agreement for the
purchase of Type D Hot Mix Asphalt for the maintenance of streets in an amount not
to exceed $630,000 ($63.00 per ton), and authorizing the City Manager to execute
the renewal agreement on behalf of the City Council.
Relationship to Strategic Goals: Financially Sustainable City Providing Response
to Core Services and Infrastructure – Spending taxpayer money efficiently.
Recommendation(s): Staff recommends approval of the bid award to Knife River,
and authorization for the City Manager to execute the renewal agreement.
Summary: Knife River submitted the only bid for a price agreement to provide
Type D Hot Mix Asphalt for the maintenance of streets in the City. The bid was for
the purchase of hot mix asphalt to be picked up at the production plant. Due to the
rising petroleum prices the bid was requested as both an annual agreement and an
alternate six month agreement. Knife River offered a bid for an annual agreement in
the amount of $62.00 per ton. They also offered an alternate bid for a six month
agreement in the amount of $60.00 per ton. Staff recommended that the six month
agreement be accepted for the amount of $60.00 per ton. The current contract
expires on June 7, 2012.
In November 2011 the 1st six month renewal was agreed to at $60.00 per ton.
Knife River has agreed to a 2nd six month renewal with a 5% increase. As The City
allows up to an 8% increase, staff recommends the renewal and increase to $63.00
per ton. This is the last renewal and this Agreement will go out for bid at the end of
this 6 month period.
The contract supports maintenance operations in the Street Maintenance Division.
HMAC-Type D is the primary material used in the repair of asphalt pavement streets.
It is used in both the asphalt base failure repair operations and by the crew of the
pothole repair truck. The material needs to be purchased within a 40 mile radius of
the City to maintain the optimum temperature of the mix and the proper chemical
makeup.
Budget & Financial Summary: Funding is available in the operating budget of
the Street Maintenance Division.
Attachments:
1. Renewal letter
84
85
86
87
88
May 14, 2012
Regular Agenda Item No. 1
Annual Report of the
Youth Advisory Council
To: David Neeley, City Manager
From: Jason Stuebe, Assistant to the City Manager
Agenda Caption: Presentation, possible action, and discussion regarding the annual
report of the Youth Advisory Council.
Recommendation(s): Staff recommends that the Council receive the report.
Summary: Emily Ryan, current chairperson of the Youth Advisory Council (YAC) will
be presenting YAC’s annual report of their activities to the City Council.
The City Council created YAC in the fall of 2007. Consisting of CSISD high school
students, the purpose of YAC is to not only help educate community youth about city
government, departments, programs and activities, but also allow for local youth to
make a positive impact on the community, present concerns with their peers, and
assist the City Council in making informed decisions concerning the youth by acting
as the voice of teenagers throughout the community.
Members of the Youth Advisory Council attend nearly all Council meetings and meet
regularly on the first Tuesday of every month at the College Station Conference
Center. The YAC receives staff support from Mike Mullen, the Teen Court
Coordinator; and the Assistant to the City Manager.
Budget & Financial Summary: N/A
Attachments: N/A
89
May 14, 2012
Regular Agenda Item No. 2
Seven Seventeen Development – Public Utility Easement Abandonment
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development Services
Agenda Caption: Public Hearing, presentation, possible action, and discussion approving
an ordinance vacating and abandoning a 0.1444 acre, 20-foot wide public utility easement
recorded in Volume 2163 Pages 223-225 of the Official Records of Brazos County, Texas,
and located along the southwest property line of a parcel of land situated in the J.E. Scott
League, Abstract No. 50, and being an 0.986 acre tract as described by warranty deed
recorded in volume 7609, page 150 of the Official Records of Brazos County, Texas.
Relationship to Strategic Initiatives: N/A
Recommendation(s): Staff recommends approval of the ordinance.
Summary: This easement abandonment accommodates future development of the
subject tract. A storm sewer main exists in the public utility easement as described above
and will be removed and relocate. The City has received a cash surety to assure the
completion of the storm sewer removal and re-location, as well as a temporary blanket
easement to cover the storm sewer removal and re-location.
Budget & Financial Summary: N/A
Attachments:
1. Attachment 1 - Vicinity Map
2. Attachment 2 - Location Map
3. Attachment 3 - Ordinance
4. Attachment 4 - Ordinance Exhibit "A"
5. Attachment 5 - Application for Abandonment (On file with the City Secretary)
90
91
92
C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Ordinance.doc
ORDINANCE NO. _________________
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.1444 ACRE, 20-FOOT WIDE PUBLIC
UTILITY EASEMENT RECORDED IN VOLUME 2163, PAGES 223-225 OF THE
OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND LOCATED ALONG
THE SOUTHWEST PROPERTY LINE OF A PARCEL OF LAND SITUATED IN THE
J.E. SCOTT LEAGUE, ABSTRACT NO. 50, AND BEING A 0.986 ACRE TRACT AS
DESCRIBED BY WARRANTY DEED RECORDED IN VOLUME 7609, PAGE 150
OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a 0.1444 acre, 20-foot wide public utility easement
recorded in Volume 2163 Pages 223-225 of the Official Records of Brazos County,
Texas, and located along the southwest property line of a parcel of land situated in the
J.E. Scott League, Abstract No. 50, and being an 0.986 acre tract as described by
warranty deed recorded in volume 7609, page 150 of the Official Records of Brazos
County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter
referred to as the “Easement”); and
WHEREAS, the 20-foot Easement described above contains a public storm sewer main
that will be removed and relocated and the City has received a cash surety to assume the
removal and relocation of said storm sewer main and a temporary blanket easement to
allow City to access to same; and
WHEREAS, in order for the Easement to be vacated and abandoned by the City Council
of the City of College Station, Texas, the City Council must make certain affirmative
findings; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That after opening and closing a public hearing, the City Council finds the
following pertaining to the vacating and abandoning of the Easement
described in Exhibit "A" attached hereto and made a part of this ordinance
for all purposes.
1. Abandonment of the Easement will not result in property that does
not have access to public roadways or utilities.
2. There is no public need or use for the Easement.
3. There is no anticipated future public need or use for the Easement.
93
C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Ordinance.doc
ORDINANCE NO. __________________ Page 2
4. Abandonment of the Easement will not impact access for all public
utilities to serve current and future customers.
PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated
by the City.
PART 3: That the 0.1444 acre, 20-foot public utility easement as described above
and in Exhibit “A” attached hereto, be abandoned only upon completion of
the following condition:
1. That the Applicant shall, upon completion of the removal and
relocation of the storm sewer main, convey by separate instrument
or plat to the City a public utility easement or right-of-way at the
location of said storm sewer main, in a form acceptable to the City.
PASSED, ADOPTED and APPROVED this _______ day of _________________, 2012.
APPROVED:
____________________________________
Mayor
ATTEST:
______________________________
City Secretary
APPROVED:
______________________________
City Attorney
94
95
96
97
98
May 14, 2012
Regular Agenda Item No. 3
Residential Utility Deposit/Commercial Delinquent Fee Increase Presentation
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director, Business Services
Agenda Caption: Presentation, and discussion regarding a proposed ordinance amending
Chapter 11, "Utilities" Section 11-1, "General Provisions”, sections B-D and K of the Code of
Ordinances of the City of College Station, Texas, having the effect of raising utility deposit
amounts for residential Utility customers and raising the delinquent fee amount for
commercial customers.
Relationship to Strategic Goals: Financially sustainable city providing response to core
services and infrastructure.
Recommendation: Staff recommends Council receive the report and provide direction. If
Council provides direction to move forward, the ordinance will be placed on the May 24
consent agenda.
Summary: The attached ordinance implements an increase to the utility deposit amounts
charged for residential customers and clarifies when deposits will be collected. Increasing
the utility deposit amounts will help offset the dollar amount of write offs each year. The
write off amounts have been increasing in recent years.
Currently all residential customers are billed the same deposit amount of $105.00 for
electric service and $30.00 for water service after they demonstrate a slow payment
history.
The proposed ordinance will require customers, at the time of connection, to make a deposit
equal to one and one half times the estimated average monthly utility bill amount unless
exemption criteria is met. Exemption criteria for homeowners will be maintaining a credit
history of no more than 2 late payments in a 12 month period. Renters will be exempt if
they enroll in Auto Pay which is a service provided that automatically pays the utility bill
monthly electronically. The average deposit for a residential account receiving all services
would be $350.00.
The delinquent service fee for commercial customers is proposed to be increased to $150
when services are disconnected for nonpayment and a reconnect has been requested. This
amount is in line with the cost to provide this service. Currently these customers are
charged $25.00 which is not covering the cost of this reconnect service.
Budget & Financial Summary: Utility write offs will be reduced.
Attachments:
1. Proposed Ordinance
2. Deposit Criteria
99
ORDINANCE NO. ____________
AN ORDINANCE AMENDING CHAPTER 11, “UTILITIES” BY AMENDING
SECTION 11-1 “GENERAL PROVISIONS”, SECTIONS B – D AND K OF THE CODE
OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AS SET OUT
BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the Code of Ordinances of the City of College Station, Texas CHAPTER
11, “UTILITIES” BY AMENDING SECTION 11-1 “GENERAL
PROVISIONS”, SECTIONS B – D AND K, be amended as set out in Exhibit
“A”, attached hereto and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be punishable by a fine of not less than Twenty-Five Dollars ($25.00) nor
more than Five Hundred Dollars ($500.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this ____ day of _______, 2012.
APPROVED:
________________________________
Mayor
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
100
Utilities Ordinance Amendment Page 2
EXHIBIT “A”
That the Code of Ordinances of the City of College Station, Texas CHAPTER 11,
“UTILITIES” SECTION 11-1 “GENERAL PROVISIONS”, SECTIONS B – D AND K be
amended and are to read as follows:
B. Deposits and Administrative Charges for utility service.
(1) Administrative Charges. Any person desiring utility service from the City of College
Station, Texas, shall be required to pay an administrative charge covering the cost of
labor for the connection of utility service.
(2) Deposits. Deposits will be required from all customers, unless they are exempt from
such deposit.
C. Residential Service.
(1) Deposits required. Residential customers shall make a deposit in the amount of one
and one half (1 ½) times the estimated average monthly bill for their service location
for the preceding year.
(2) Deposit Exemptions
(a) The owner of the location is exempt from a deposit, unless the account is paid late
more than two (2) times in a twelve (12) month period or the account is disconnected
for nonpayment.
(b) Any customer that enrolls in Auto Pay, unless there is a returned payment .
(3) Deposit Returned. Residential customers who have twenty four (24) consecutive months
of service with not more than two (2) late payments may request that the deposit be returned to
them by the City. The deposit will be applied to their utility account. A subsequent failure to
maintain a good payment history shall be deemed as just cause to require a subsequent cash
deposit.
D. Commercial and Industrial Customers.
(1) Deposits Required. Any commercial or industrial customer shall make a deposit with the
City in an amount sufficient to cover the average utility bill for a two-month period. An average
of the locations last twelve (12) monthly bills, or an estimate of the annual bill amounts shall be
used in computing the minimum deposit. Such deposit may be made in the form of cash, the
pledging and assignment of a certificate of deposit, a valid non-documentary bank letter of
credit, or placement of a surety bond with an insurance company licensed to do business in
Texas, with the best bond rating as accepted by the City.
(2) Deposit Exemptions. Commercial and industrial customers who provide an acceptable
101
Utilities Ordinance Amendment Page 3
letter of credit from a previous utility company showing at least twenty four (24) months of
service with no late payments, no returned checks and no disconnects for nonpayment in the
most recent twelve (12) month period will be exempt from deposit. Failure to maintain a good
payment record shall be deemed as just cause to require a deposit as outlined in paragraph (1) of
this subsection.
(3) Deposit Returned. Commercial and industrial customers who have twenty four (24)
consecutive months of service and have no late payments in the last twelve (12) months may
request that their deposit be released by the City. A subsequent failure to maintain a good
payment record shall be deemed as just cause to require a deposit as outlined in paragraph (1) of
this subsection.
K. Disconnection and Reconnections.
(1) When Utility Connections may be Severed.
(a) All utility connections may be severed for any customer who fails to pay all or
any part of his total bill by the due date.
(b) Any person found to be in violation of any section of the chapter shall be served a
written notice stating the nature of the violation. The City is authorized to immediately
disconnect the offending person's service upon such notice and to not reconnect the
service as long as the violation continues.
(2) Restoration of Services.
(a) When connections for services have been severed, or are considered to be
severed, the same shall be restored only when all amounts past due to the City have
been paid in full.
1. A twenty-five dollar ($25.00) delinquent fee will be charged on each
residential account.
2. A one hundred fifty dollar ($150.00) delinquent fee will be charged on
each commercial account.
(b) All connections, reconnections and disconnections shall be made only by an
authorized representative of the City.
102
New Deposit Criteria
RESIDENTIAL
Homeowners will be exempt from putting down an initial deposit. After two late payments in
twelve months, the deposit will be billed in one installment. Exemption from deposit will be for
those who enroll in auto pay. After the first auto pay return/non-payment, the deposit will be
billed in one installment.
Renters will be billed deposit on the first month’s bill in one installment. The only exemption
from deposit will be for those who enroll in auto pay. After the first auto pay return/non-
payment, the deposit will be billed in one installment.
Deposit amount for all residential accounts is 1 ½ times the estimated average monthly bill.
Deposit amounts will be evaluated periodically to ensure adequate deposits are collected. If
additional deposits are required they will be billed.
Should an account be disconnected for nonpay, the deposit amount will be evaluated to ensure
adequate deposit is on account. If not, additional deposit amounts will be collected.
Deposit Refunds – Requires twenty four months of service with no more than two late
payments.
COMMERCIAL
Commercial accounts will continue to pay a deposit of two times the annual estimated bill
amount. Exemption will be letter of credit from utility company showing twenty four months of
service with no late payments, returned checks, or disconnects for non-pay in most recent
twelve months.
Deposit Refunds – same as letter of credit criteria.
103
May 14, 2012
Regular Agenda Item No. 4
Naming Policy for City Facilities and Sub-facilities
To: David Neeley, City Manager
From: David Schmitz, Director, Parks and Recreation Department
Relationship to Strategic Goal: Providing Core Services and Infrastructure
Agenda Caption: Presentation, possible action and discussion regarding a
recommendation for revision to the Naming Policy for City Facilities and Sub-facilities.
Recommendation(s): Staff recommends approval of the revisions to the Naming Policy
for City Facilities and Sub-facilities.
Summary: The revisions to the existing guidelines more accurately detail the criteria and
procedures for “naming” city facilities. Several cities were studied and the proposed
revisions are an integration of the current City of College Station guidelines and those cities.
The revised guidelines most close follow the guidelines from the City of Sugarland.
The revised guidelines include definitions of facilities and sub-facilities, naming criteria and
guidelines, restrictions on the naming of facilities, procedures for the naming process,
guidelines for the renaming process, and addresses plaques, markers and memorials.
Budget & Financial Summary: N/A
Attachments:
1. College Station Guidelines for the Naming of Public Facilities (April 8, 2004).
2. Naming Policy for City Facilities and Sub-facilities
3. Guidelines for City Dedication Plaque Policy
4. Policy and Procedures for Personal Memorials on City Property
104
Revised Guidelines for the Naming of Public Facilities
Approved by City Council on April 8, 2004
Page 1
City of College Station, Texas
GUIDELINES FOR THE NAMING OF PUBLIC FACILITIES
Approved April 8, 2004 - Agenda Item 10.10
Purpose
The purpose of these guidelines is to establish a systematic and consistent approach for the official
naming of public facilities in the City of College Station, including parks, facilities, recreational areas,
streets, and municipal buildings.
Objectives
· Ensure that parks, facilities, recreational areas, and municipal buildings are easily identified and
located.
· Ensure that given names to parks, facilities, recreational areas, and municipal buildings are
consistent with the values and character of the area or neighborhood served.
· Encourage public participation in the naming, renaming, and dedication of parks, facilities,
recreational areas, and municipal buildings.
· Encourage the dedication of lands, facilities, or donations by individuals and/or groups.
· Advance the reputation of the City as well as increase the understanding and public support for its
programs.
Criteria
The practice of the City of College Station is to name parks, recreation areas, facilities, and municipal
buildings through an adopted process utilizing the above objectives, emphasizing community values
and character, local and national history, geography, the environment, civics, and service to the City
of College Station. Therefore, the following criteria shall be used in determining the appropriateness
of the naming designation:
· Neighborhood, geographic, or common usage identification;
· A historical figure, place, event, or other instance of historical or cultural significance;
· National and state historical leaders or heroes, both past and present;
· An individual, living or deceased [a] who has made a significant land and/or monetary contribution
to the park, recreation area, facility, or municipal building, or [b] who has had the contribution
made “In Memoriam” and when the name has been stipulated as a condition of the donation;
· An individual, living or deceased, who has contributed outstanding civic service to the City;
· Predominant plant materials; or
· Streams, rivers, lakes, and creeks.
Facilities or specialized areas may have a name different from that of the larger park, recreation area,
facility, or municipal building.
When feasible, the process to name parks, recreation areas, facilities, and municipal buildings should
begin within twelve (12) months after the City has acquired title to the land and/or formally accepted
the dedication.
105
Revised Guidelines for the Naming of Public Facilities
Approved by City Council on April 8, 2004
Page 2
Names that are similar to existing parks, recreation areas, facilities, and municipal buildings should
not be considered in order to minimize confusion.
Renaming
The City reserves the right to change the name of a park, recreation area, facility or municipal building
to maintain consistency with these guidelines. However, renaming carries with it a much greater
burden of process compared to initial naming. Tradition and continuity of name and community
identification are important community values. Each request to rename must meet the criteria of this
policy, but meeting all criteria does not ensure renaming.
Procedures
Upon approval of these guidelines by Council, procedures consistent with the guidelines will be
developed. It is anticipated that naming/renaming requests will be submitted to the City Manager.
The Manager will then forward the request through an appropriate board, committee, or organization
or directly to the City Council for approval. (For example, if the naming or renaming request is for a
parks facility, the City Manager will submit the request to the Parks and Recreation Advisory Board
who will review and make a recommendation. The City Manager will review that recommendation and
then submit it to Council for approval.)
The City Council may, upon its own initiative, name or rename a City facility without following these
guidelines. An individual council member may submit a naming suggestion to the City Manager, who
will then apply the guidelines and procedures.
106
Naming of City Facilities and Sub-facilities revised March 27, 2012
CITY OF COLLEGE STATION
NAMING OF CITY FACILITIES AND SUB-FACILITIES
PURPOSE
To establish uniform procedures and criteria for the naming of City-owned facilities and sub-facilities
located in the City of College Station.
DEFINITIONS
Facility: Major City-owned buildings, parks and trails built for permanent use.
Sub-Facility: Minor City-owned structures within a Major Facility, including but not limited to:
swimming pools, pavilions, tennis courts, large water features, trail sections or meeting rooms.
POLICY
The City Council shall have the authority to name City-owned facilities and sub-facilities according to
the procedures and criteria established below.
General Naming Criteria and Guidelines.
In order to be considered a qualifying name, the proposed name for a facility or sub-facility must
satisfy one of the following criteria:
A. Be descriptive of a geographic location or a significant natural feature in or near the facility,
or an adjoining subdivision, street, or school.
B. Commemorate historical events, groups or individuals that remain of continued importance
to the City, region, State, and/or Nation.
C. Commemorate individuals who are deceased and have a history of exceptional community
service or contributions to the facility’s best interests and purposes, such as:
a. Involvement in a leadership role in civic organizations that are devoted to community
improvement;
b. Assistance to the underprivileged, as well as people with physical or intellectual
disabilities;
c. Active promotion of effective programs for youth or senior citizens within the
community;
d. Active promotion of and organizing community events and activities that have enriched
the quality of life within the community;
e. Active promotion of and directed efforts to improve the aesthetic appearance and
environmental quality of the community; or
107
Naming of City Facilities and Sub-facilities revised March 27, 2012
f. Leading efforts to collect, promote and retain the historical heritage of the community.
D. Commemorate individuals who made significant contributions to the City’s acquisition or
development of the facility.
a. If a facility is named to commemorate or honor an individual or group, the relative
importance of the facility to be named after the individual or group should match the
respective stature, characteristics and contributions. The following circumstances may
be considered in naming of a facility after a donor, benefactor or group:
i. Land for the majority of the facility was deeded to the City;
ii. Contribution of a minimum of 50% of the capital construction costs associated
with developing the facility; or
iii. Provision of an endowment for at least 50% of a facility’s estimated useful life for
the continued maintenance and/or programming of the facility.
b. The City Council may alter these guidelines if deemed necessary.
c. The City reserves the right to utilize criminal background checks as part of the vetting
process in order to ascertain an honoree’s good character.
E. Recognize organizations involved in a public-private partnership with the City that have
made significant financial or capital contributions to the acquisition or development of the
facility. This includes any Naming Rights Agreement approved by City Council.
F. Have historical, cultural, or social significance for future generations.
G. Research indicates that the area around the facility, or the facility itself, has been commonly
named in an unofficial capacity by residents.
Restrictions on the Naming of Public Facilities and Sub-Facilities.
A. No duplication of other facility’s or sub-facility’s names To minimize confusion, facilities will
not be subdivided beyond the level of sub-facilities for the purpose of naming unless there
are readily identifiable physical divisions such as roads or waterways.
B. Facility names that might be considered discriminatory or derogatory will not be
considered.
C. Facility names will not advocate for or promote a current political figure, political affiliation,
ideology or religion.
108
Naming of City Facilities and Sub-facilities revised March 27, 2012
PROCEDURE
Guidelines for Naming Process
Naming of Major Facilities
A. A permanent name for the facility should be finalized no later than the 50% completion
mark in the construction or acquisition process.
a. Prior to the permanent naming of a facility, the location shall be referred to by its
address or location designation until the facility is given an official name.
B. The City will utilize a Council Facilities Task Force to facilitate the naming of facilities.
C. The Council Facilities Task Force will proceed with the naming of a facility according to the
following:
a. The facility naming process is initiated with the approval of the design, construction or
acquisition of a facility.
b. The City Council may choose from a variety of sources for name recommendations (i.e.
Council member, staff or donor recommendations, historical review of the site,
recommendations from the Parks and Recreation Advisory Board, recommendations
from previous owners, etc.). Names may be suggested by citizens and/or community
groups by submission to the Mayor, City Council or City Manager.
c. Names may be submitted by the departmental owner of the facility, executive
management, the Mayor or members of the City Council.
d. All names for City facilities will be approved by a majority City Council vote regardless of
the source of the name’s recommendation.
Naming of Sub-Facilities
A. All requests for the naming or renaming of a sub-facility shall be made in writing to the
Director of Parks and Recreation for parks sub-facilities or to the City Manager for all other
sub-facilities. Written requests should at a minimum contain the following:
a. The proposed name;
b. Reasons for the proposed name;
c. Written documentation indicating community support for the proposed name (if
applicable);
d. If proposing to name a facility within a park, include a description/map showing the
location of the facility; and
e. If proposing to name a facility after an individual, group, donor or benefactor, include
documentation of that person or group’s significance and good reputation in the City’s,
State’s, or Nation’s history. Please refer to the commemorative naming conditions for
an individual found in this policy.
B. Upon receipt, the Director of Parks and Recreation or the City Manager will:
109
Naming of City Facilities and Sub-facilities revised March 27, 2012
a. Review the proposed request for its adherence to the policies of the City of College
Station and
b. Ensure that supporting information has been authenticated, particularly when an
individual’s name is proposed as the facility’s or sub-facility’s name.
C. When deemed appropriate, the City Manager will recommend the Facilities Task Force
review sub-facility renaming suggestions.
D. The Facilities Task Force will review the sub-facility naming request at a Facilities Task Force
meeting and make a recommendation to the City Council. In all cases, the City Council will
have the final authority in accepting or rejecting the naming proposal by majority.
Guidelines for Re-Naming Process.
A. The renaming of facilities or sub-facilities is discouraged. It is recommended that efforts to
change a name be subject to a critical examination so as not to diminish the original
justification for the name or discount the value of the prior contributors.
a. Parks or other facilities named by deed restriction shall not be considered for renaming.
b. Parks and facilities named after individuals shall not be renamed unless it is determined
that the individual’s personal character is or was such that the continued use of the
name for a facility would not be in the best interest of the City or community.
Exceptions may be considered in cases of changes in use of facilities or for facility
demolitions.
B. If it is decided by the City Manager that it is in the best interest of the City to rename a
major or sub-facility, it may be renamed in accordance with the criteria and guidelines
outlined in the procedures of this policy.
Plaques, Markers and Memorials.
A. Plaques, markers and memorials may be incorporated into a facility or sub-facility during
the design phase of the project. Plaques, markers, and memorials that are incorporated
into the design of a facility will be subject to the same oversight and controls as applicable
to the rest of the project.
B. Plaques, markers, and memorials added to a facility or sub-facility after its completion and
opening will be designed and installed according to the City’s Dedication Plaque Policy.
110
CITY OF COLLEGE STATION
CITY DEDICATION PLAQUE POLICY
PURPOSE
The purpose of this policy is to establish uniform instructions and procedures for developing
the design and content of dedication plaques for City facilities and sub-facilities.
DEFINITIONS
Current: In office or in the City services at the time of construction completion/
dedication.
Dedication Plaque: A plaque recognizing the official City dedication of City facilities
Former: In office or in City service at the time the design contract was approved
by City Council.
Major Facility: Major City-owned buildings and parks built for permanent use.
Sub-Facility: Minor City-owned structures within a major facility, such as a swimming
pool, pavilion, tennis court, large water feature, or meeting room.
Department Head: Staff member responsible for the organizational area of the facility.
POLICY
Design and installation of dedication plaques in all major facilities or sub-facilities should follow
the guidelines and procedures as outlined in the policy below.
PROCEDURE
Section 1. Dedication of Major Facilities.
A. Inscription
1. When buildings are dedicated or remodeled through the use of public funds, the
traditional practice is to have a plaque installed dedicating the facility. When use of
plaques is desired, the inscription on such shall be limited to the following, when
applicable:
a. Facility or sub-facility name,
b. The inscription “City of College Station” (if not included in the facility name),
c. Date of dedication (i.e. Dedicated Day Month Year),
d. The official City of College Station seal or logo,
e. Names of the current City Council
i. By name and title, the current Mayor, followed by the current City
Council members by name and position in numerical order (see Exhibit A)
111
f. Names of the former City Council
i. By name and title, the former Mayor(s), followed by all former City
Council members, by name and listed by office, in numerical order, (see
Exhibit A)
g. City Staff
i. By name and title, the current and, if applicable, former City Manager;
ii. By name and title, the current and, if applicable, former Assistant City
Manager(s) responsible for the organizational area of the facility;
iii. By name and title, the current and, if applicable, former Department
Head(s), and applicable staff responsible for the organizational area of
the facility; and
iv. By name and title, the current and, if applicable, former staff project
manager(s) responsible for managing the design and construction of the
facility.
h. Project Team
i. By company name and title, the appropriate construction partners, such
as Architect and General Contractor; and
ii. If applicable, a funding acknowledgement of any substantial
contributions toward the project.
2. If the plaque is for the dedication of major remodeling or expansion of a facility and
at the time of remodeling or expansion other plaques exist and are exhibited, the
previously installed plaques will be retained and appropriately displayed in the
remodeled facility.
B. Format
1. Building dedication plaques should be sized to complement the surroundings, at a
minimum be 21” x 15” in size, and be made out of cast bronze with a leatherette
dark bronze background and satin bronzed finish on all raised surfaces (such as
lettering, borders, seal or logo), or other appropriate material, as determined with
the appropriate executive team member approval.
2. The formatting of the inscriptions should follow the example in Exhibit A (attached).
C. Placement & Location
1. Building dedication plaques are to be affixed to the building at or near the main
entrance.
2. Park dedication plaques are to be located at or near the main pedestrian entrance to
the park, or placed in a prominent location within the park which is highly visible to
the public as determined by the Parks and Recreation Department Head.
112
D. Design & Approval Process
1. The Project Manager responsible for the construction or rehabilitation of the facility
is responsible for creating the dedication plaque, Exhibit A, proposing where it will
be located, and routing it for approval.
2. Prior to purchase of and installation of the dedication plaque, its design and location
must be approved and initiated by the appropriate executive team member or
his/her designee, Exhibit C.
3. Request for plaque approval, along with attached design graphics, must be approved
by the Department Head, City Secretary, and the appropriate Executive Team
Member or his/her designee within ten (10) business days from the date of
submittal. The approval process will allow the Department Head to verify and
suggest appropriate staff, the City Secretary to verify correct former and current City
Council Members, and allow oversight by the Executive Team Member responsible
for the organizational area of the facility.
Section 2. Dedication of Sub-Facilities
A. Occasionally, requests are made to have plaques installed on sub-facilities (e.g. when a
donation is made or a sub-facility is named in memory of an individual). Small
dedication plaques for occasions must be approved by the appropriate Department
Head and installed according to the following guidelines:
1. When a sub-facility is named in memory or honor of an individual or group, the sub-
facility Department Head has the discretion to allow a commemorative plaque no
larger than 10” x 12” in size, including the name, date (day, month and year), a brief
statement(s) in memory or honor of the individual or group, and the City of College
Station Logo to be affixed in the appropriate place. The full cost of the plaque, as
well as its continued maintenance, will be the responsibility of the City.
2. The Department Head also has the discretion to allow additional plaques for
identification purposes, if needed. The additional plaques shall be no larger than
6” x 10” in size, include the name of the area named in honor of the individual or
group, and be affixed in the appropriate places the plaques are identifying. The full
cost of the plaques, as well as their continued maintenance, will be the responsibility
of the City.
113
SIGNATURES
INITIATING DEPARTMENT:
___________________________________ DATE: ______________
DEPARTMENT HEAD: ___________________________________ DATE: ______________
ASSISTANT
CITY MANAGER: ___________________________________ DATE: ______________
CITY MANAGER: ___________________________________ DATE: ______________
Policy Effective Date:
114
City of College Station
Policy and Procedure
Personal Memorials on City Property
Policy Number: _______
PURPOSE
To establish uniform guidelines for installation of personal memorials on City property.
SCOPE
The policies and procedure described below shall apply to College Station individual residents or groups who wish to
have memorials installed on City property memorializing or honoring individuals. The policy is not intended to cover in
scope large-scale donations made in memory of someone, such as fountains, reflection pools, land, etc.
AUTHORITY
These policies and procedures are established, directed, and authorized by the City Manager’s office.
PROCEDURES
A. All requests for memorials must be submitted with a Personal Memorial Request Form to the designated City
department. Each submitted request must identify the proposed location by name and describe the memorial
desired. The request form is attached.
B. Requestor can choose one of the two available options for memorials:
1. Park Bench- the City will choose the appropriate style and type of the bench that will best withstand
weather conditions and vandalism and will conform to the benches already installed on City property and
elsewhere. Typically a 6 foot Victor Stanley Steel CR-196 bench will be used. If the requestor so chooses, a
plaque approximately 2” by 4” in size may be installed near the bench, provided the text on the plaque
conforms to the approved memorial wording below. Benches will be installed adjacent to sidewalks or trails
or near parking lots; or
2. Tree- the City will choose an appropriate 30-65 gallon tree which will best conform to weather conditions
and surrounding landscaping. If the requestor so chooses, a bronze plaque approximately 4” by 8” in size
may be encased in a concrete base and installed at the base of the tree, provided the text on the plaque
conforms to the approved memorial wording below. Trees will be planted adjacent to sidewalks or trails or
near parking lots and will only be installed where adequate irrigation is available.
C. Requestor may select one of the following memorial plaque wording options:
1. “In Memory of” (name) (date of birth and death or date of memorial dedication).
2. “In Loving Memory of” (name) (date of birth and death or date of memorial dedication).
3. “In Honor of” (name) (date of birth and death or date of memorial dedication).
4. In the dog park only: “In Honor of/In Memory of” (dog’s name) Friend/Member of (name of individual,
organization, or family). Multiple dogs may be included if the names of all dogs fit on one line without
altering the standard font size.
115
D. The City of College Station will be responsible for the site selection and installation of the tree, bench and/or
plaque, as applicable. Specific dates of planting and installation of the tree, bench, and /or plaque cannot be
guaranteed. Requests are processed in the order they are received. Trees are typically planted between
November 1 and March 1, to ensure proper establishment. Benches may be installed at any time during the
year, conditions permitting.
E. The requestor will be responsible for the cost and installation of the tree, bench and/or plaque at his/her sole
expense. The City of College Station will inform the requestor of the total cost of the proposed memorial, and
the requestor will be responsible for paying the City designated contractor or vendor directly prior to any
installation work by the City.
F. The City will maintain the memorial, and will not be responsible for the repair or replacement of a memorial if it
becomes damaged or defaced. Although the City will strive to make every reasonable attempt to place a tree
where irrigation is available, the City is not responsible for the replacement of trees if they die. In addition, if the
memorial becomes a safety hazard or no longer meets City standards, it may be removed without replacement.
ENFORCEMENT
The designated City department shall be responsible for enforcing this policy.
116
Personal Memorial Request Form
City of College Station Property
Requestor:
Name ______________________________________________________
Address ____________________________________________________
City ___________________________State ________ Zip ____________
Phone ________________ Email _______________________________
For Whom: Please Print Clearly ________________________________
Wording on Plaque:
_____ “In Memory of” (Name) (Date of birth and death or date of memorial dedication)
_____ “In Loving Memory of” (Name) (Date of birth and death or date of memorial dedication)
_____ “In Honor of” (Name) (Date of birth and death or date of memorial dedication)
_____ In the dog park only: “In Honor of/In Memory of” (dog’s name) Friend/Member of (name of individual,
organization, or family). Multiple dogs may be included if the names of all dogs fit on one line without altering the
standard font size.
Type of Memorial
________ Memorial Tree
___________ Memorial Bench
__________________________________Office Use Only______________________________________
Purchase Date: __________
Fee Paid $__________ Method of Payment: cash check credit/debt
Location Requested: ____________________________________________
Placement Requested: ________________________________________
APPROVAL
City Manager or designee: ______________________________________________________
Date: ____________
Revised: __________
117