HomeMy WebLinkAbout01/10/2013 - Regular Agenda Packet - City CouncilTable of Contents
Agenda 3
Consent No. 2a - Minutes
Coversheet revised 7
Workshop 8
Regular 13
Special 18
Consent No. 2b - Automated Ambulance Billing, Accounts
Receivable and Delinquent Account Collection Services
Coversheet revised 24
Consent No. 2c - Holleman Dr. South & Deacon Drive West
License to Encroach
Coversheet revised 25
Resolution 26
Exhibit A 31
Agreement 33
Consent No. 2d - Pay Day Lending Regulation
Coversheet revised 35
Resolution 36
Supporting Information 38
Consent No. 2e - TxDOT Drainage Infrastructure Data
Collection - Project Number SD1303
Coversheet revised 41
Consent No. 2f - Annual Auto & Truck Tire Purchases
Coversheet revised 42
TxMAS Coop Contract Summary 43
Consent No. 2g - Annual Purchase of Auto Parts, Shop
Equipment and Services
Coversheet revised 44
PSA Coop Contract Summary 45
Consent No. 2h - Organic Waste Collection Franchise
Agreement – Viridiun
Coversheet updated 47
Ordinance - Place Holder 48
Regular No. 1 - Public Hearing on the Rock Prairie Municipal
Management District 1 (West)
Coversheet revised 68
Resolution 70
Draft Legislation 72
Preliminary Consent Conditions Consideration 97
Regular No. 2 - Public Hearing on the Rock Prairie Municipal
Management District 2 (East)
Coversheet revised 98
Resolution 100
Draft Legislation 102
1
Preliminary Consent Condition Considerations 104
Regular No. 3 - ABHR Engagement Letter
Coversheet revised 105
Regular No. 4 - Public Hearing and Consideration of Budget
Amendment #1
Coversheet revised 106
Budget Amendment 1 - Detail Listing 107
Budget Amendment 1 - Ordinance 108
Regular No. 5 - Public Hearing on the 3800 State Highway 6
South
Coversheet revised 109
Background 111
Photos and Maps 112
P&Z Minutes 114
Ordinance 116
Regular No. 6 - Airport Zoning Reference Ordinance
Amendment
Coversheet revised 119
Ordinance 120
Regular No. 7 - Twin City Endowment Board of Directors
Appointment
Coversheet revised 127
Regular No. 8 - Nomination to the Brazos Valley Groundwater
Conservation District Board
Coversheet revised 128
Resignation letter 129
Resolution 130
2
CITY OF COLLEGE STATION
Home a/Texas A&M University"Mayor Council members
Nancy Berry Blanche Brick
Mayor Pro Tern Jess Fields
Karl Mooney John Nichols
City Manager Julie M. Schultz
David Neeley James Benham
Agenda
College Station City Council
Regular Meeting
Thursday, January 10,2013 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Presentation:
• Proclamation for the Better Business Bureau Boss of the Year.
• Special recognition of Steve Beachy for his service on the Brazos Valley Groundwater Conservation
District.
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 1/2 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, Councilor staff.
Consent Agenda
At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals
who wish to address the City Council on a consent 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.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the
Council.
a. Presentation, possible action, and discussion of minutes for:
• December 13,2012 Workshop
• December 13,2012 Regular Council Meeting
• December 18,2012 Special Meeting
City Council Regular Meeting Page 2
Thursday, January 10,2013
b. Presentation, possible action and discussion on an Agreement for Services with Emergicon to provide
ambulance billing, accounts receivable and delinquent account collection services in an amount not to
exceed $120,000.
c. Presentation, possible action, and discussion approving a resolution authorizing a License Agreement with
Heath Phillips Investments, LLC, pertaining to the encroachment in to the public utility easement area of a
portion of a structure located in Common Area, The Barracks II Subdivision Phase 100, according to the
plat recorded in Volume 10785, Page 163 of the Official Records of Brazos County, Texas.
d. Presentation, possible action, and discussion regarding the approval of a Resolution of the City of College
Station requesting the Texas Legislature and the Governor of Texas enact laws to regulate the rates and fees
charged by payday lending and auto title loan businesses and to affirm cities authority to pass ordinances
regulating payday lending and auto title loan business practices.
e. Presentation, possible action, and discussion regarding approval of a contract between the City of College
Station and Binkley & Barfield, Inc. in the amount of $59,750.00 for TxDOT Drainage Infrastructure Data
Collection and Mapping project and authorizing the City Manager to execute the contract on behalf of the
City CounciL
f. Presentation, possible action and discussion regarding the approval of annual tire purchases from Pilger's
Tire & Auto Center through the State of Texas (TxMAS) Tire Contract in the amount of$197,000.00.
g. Presentation, possible action, and discussion on approving an annual blanket purchase order for the purchase
of auto parts, shop equipment and services from NAPA Auto Parts (College Station, TX) through the
Purchasing Solutions Alliance (PSA) contract for the amount of $75,000.00.
h. Presentation, possible action, and discussion on the first reading of a franchise agreement with Viridiun; for
the collection of organic waste from commercial business locations.
Regular Agenda
At the discretion of the Mayor, individuals may be allowed to speak on a Regular Agenda Item. 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. Registration forms are available in the
lobby and at the desk of the City Secretary.
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 1/2 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 of the 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.
City Council Regular Meeting Page 3
Thursday, January 10,2013
1. Public Hearing, presentation, possible action and discussion regarding adoption of a Resolution of the
City of College Station supporting Legislation to create the "Rock Prairie Medical District Municipal
Management District Number One", the associated draft legislation and the potential conditions of
consent associated with the District.
2. Public Hearing, presentation, possible action and discussion regarding adoption of a Resolution of the
City of College Station supporting Legislation to create the "Rock Prairie Medical District Municipal
Management District Number Two", the associated draft legislation and the potential conditions of
consent associated with the District.
3. Presentation, possible action, and discussion regarding approval of an engagement letter between the
City of College Station and Allen Boone Humphries Robinson, LLP in the amount of $105,000 to
provide services to the City in connection with the creation of two municipal management districts
related to the Medical District and authorizing the City Manager to execute the engagement letter on
behalf of the City Council.
4. Public Hearing, presentation, possible action, and discussion on an ordinance Budget Amendment #1
amending ordinance number 3443 which will amend the budget for the 2012-2013 Fiscal Year in the
amount of $2,070,602.
5. Public Hearing, presentation, possible action, and discussion regarding an amendment to Chapter 12,
"Unified Development Ordinance", Section 4.2, "Official Zoning Map" of the Code of Ordinances of
the City of College Station, Texas by rezoning 1.24 acres located at 3800 State Highway 6 South from
CI Commercial Industrial to GC General Commercial.
6. Public Hearing, presentation, possible action and discussion regarding an ordinance amending Chapter
12 "Unified Development Ordinance", Article 2 "Development Review Bodies" and Article 5 "District
Purpose Statements and Supplemental Standards", of the Code of Ordinance of the City of College
Station related to referencing the Easterwood Field Airport Zoning Ordinance and eliminating a
duplicate Section in Article 5.
7. Presentation, possible action, and discussion regarding an appointment to the Twin City Endowment
Board of Directors.
8. Presentation, possible action, and discussion regarding an appointment to the Brazos Valley
Groundwater Conservation District Board of Directors, subject to confirmation by the Brazos County
Commissioners Court.
9. Adjourn.
Iflitigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
City Council Regular Meeting Page 4
Thursday~ January 1O~ 2013
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
held on the Thursday, January 10, 2013 at 7:00 PM at the City Hall Council Chambers, 1101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda.
Posted this 4th day of January, 2013 at 5:00 p.m.
~~ City Secret
I, the undersigned, do hereby certify 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.gov.TheAgendaandNoticearereadilyaccessibletothegeneralpublicatalltimes.Said Notice
and Agenda were posted on January 4, 2013 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 ______,2013
Subscribed and sworn to before me on this the __day ______, 2013.
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.gov. Council meetings are broadcast live on Cable Access Channel 19.
January 10, 2013
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:
• December 13, 2012 Workshop
• December 13, 2012 Regular Council Meeting
• December 18, 2012 Special Meeting
Attachments:
• December 13, 2012 Workshop
• December 13, 2012 Regular Council Meeting
• December 18, 2012 Special Meeting
7
WKSHP121312 Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
DECEMBER 13, 2012
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Jess Fields
Karl Mooney
John Nichols
Julie Schultz
James Benham, arrived after roll call
City Staff:
David Neeley, City Manager
Frank Simpson, Deputy City Manager
Kathy Merrill, Deputy City Manager
Carla Robinson, City Attorney
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 4:03 p.m. on Thursday, December 13, 2012 in the Council Chambers of
the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
2.
Employee Recognition, Recognition of Employee of the Year nominees and Reception.
Jay Socol, Public Communication Director presented the Service Award Recipients for 20, 25,
30 & 35 years, along with the Recognition of Employee of the Year nominees.
Kenneth Berry, IT Dept. James Boykin, Water Services
Employee of the Year Nominees:
David Brower, Community Development Keith Cooke, Electric Utility
Travis LaCox, Police Department Lacey Lively, Public Communications
Patrick McIntyre, Electric Utility Ashley Michalsky, Fiscal Services
Andy Murph, Police Department Dylan Potts, Electric Utility
8
WKSHP121312 Minutes Page 2
Troy Rothers, Public Works Keith Tinker, Planning & Dev.
Joe Don Warren, Fire Department
James Boykin, Water Services
Employee of the Year:
Mayor Berry called a brief recess for the reception at 4:28p.m.
3.
Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney,
§551.072-Real Estate; §551.074-Personnel, and §551.087-Economic Development Negotiations,
the College Station City Council convened into Executive Session at 4:43 p.m. on Thursday,
December 13, 2012 in order to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to
wit:
• 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.
• Patricia Kahlden, individ. and as rep. of the Estate of Lillie May Williams Bayless v.
Laura Sue Streigler, City of College Station and James Steven Elkins, No. 11-003172-
CV-272, in the 272ndDistrict Court of Brazos County, TX
• Tom Jagielski v. City of College Station, Cause No. 12-002918-CU-361, In the 361 st
• State v. Carol Arnold, Cause Number 11-02697-CRF-85, In the 85th District Court,
Brazos County, Texas
District
Court of Brazos County, Texas
B. Deliberation on the deliberate the purchase, exchange, lease or value of real property; to wit:
• Property located generally in the area north of University Drive, east of Agronomy Road,
and west of Wellborn Road.
C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
• City Manager
D. Deliberation on economic development negotiations regarding an offer of financial or other
incentives for a business prospect; to wit:
• Discuss economic development incentive negotiations with TAMU
• Discuss approval of economic development incentives to Woodbolt International
9
WKSHP121312 Minutes Page 3
The Executive Session adjourned at 6:10 p.m.
4.
Take action, if any, on Executive Session.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to appoint Frank Simpson as
Interim City Manager, effective January 12, 2013. The motion carried unanimously.
5.
Presentation, possible action, and discussion on items listed on the consent agenda.
No discussion needed.
6.
Presentation, possible action, and discussion regarding approval of a contract between
the City of College Station and BerryDunn in the amount of $95, 195.00 for the purposes of
conducting an analysis of the current software and recommend alternatives and
authorizing the City Manager to execute the contract on behalf of the City Council.
Ben Roper, Information Technology Director, presented a possible replacement of the City’s
main financial and management software that has significant implications regarding scope,
complexity and potential cost of the project. He discussed the reason for initiating this project,
provided background information on the work accomplished to get to this point, and provided
Council with information relevant to the decision to award the Consultant Contract to
BerryDunn. The budget in the amount of $103,550 is included in the FY13 approved budget for
this phase of the project (CO 1204). This phase of the project is being funded with General
Funds that are included in the IT Department budget.
7.
Presentation, possible action and discussion regarding Council's Annual Strategic Plan
Update, specifically to review the potential agenda items for the workshops in late January.
Bob Cowell, Executive Director of Planning & Development Services, presented a review and
update of the Council’s Annual Strategic Plan in preparation for development of the fiscal year
budget, which begins in early summer. A portion of this update included a variety of discussion
items related to the development of the Strategic Plan Update.
Council will review the potential agenda items with staff and set the preliminary agenda for the
workshop. This year’s workshops are scheduled for January 28th and 29th
and will consist of
approximately one and one-half days.
Staff has reviewed the items provided by Council, to date, and submitted the following for
Council consideration:
Items Requested by Council to be on the Agenda
• Current Strategic Plan Review and Update
• Disposition of Conference Center
• Lick Creek Nature Center Design and Programming
10
WKSHP121312 Minutes Page 4
Items Referred by Council as possible Agenda Items (Need to be Prioritized)
A. Review Order/Structure of Council Meetings
B. Affiliate Funding Policy
C. Impact of Recent Budget Reductions on City Services (Code Enforcement, Parks, etc.)
D. Funding of Infrastructure to Undeveloped Areas of City
E. Electric Power Supply
F. Review of Enterprise Resources Planning upgrade
Staff anticipates that the items Requested by Council will take the entirety of one day, leaving
approximately four hours for the remaining agenda items. Staff is requesting that each Council
member rank the items identified as possible agenda items in rank of importance (1- being the
most important). The top three items will be placed on the agenda, with the remaining items
placed upon Future Workshop agendas, if the Council so desires.
MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to approve adding D. Impact
of Recent Budget Reductions on City Services; E. Funding of Infrastructure to Undeveloped
Areas of City; and F. Electric Power Supply to the January 28 th and 29th
Council Retreat. The
motion carried unanimously.
8.
•
Council Calendar
•
Dec. 15 Fire Station 6 Opening Ceremony, the comer of University Dr. & Tarrow
Rd, 11:00 a.m.
•
Dec. 18 Council Special Meeting, CSU Training Facilities, 4:00 p.m.
•
Dec. 19 BVSWMA Board Meeting, Twins Oaks Facility - 2690 SH30, 11 :00 a.m.
•
Dec. 19 RVP Board Meeting at RVP, 3:00 p.m.
•
Dec. 20 P&Z Workshop/Meeting, CSU Training Facilities, 6:00 p.m. (Jess Fields,
Liaison)
•
Dec. 24 & 25 City Offices Closed - HOLIDAY
•
Jan. 7 Bicycle, Pedestrian & Greenways Advisory Board Meeting, Council
Chambers, 3:00 pm
•
Jan. 8 Audit Committee Meeting, City Hall Administrative Conference Room, 4:30
p.m.
Jan. 10 Executive Session/Workshop/Regular Meeting at 5:00, 6:00 & 7:00 p.m.
Council reviewed the Council calendar. The time was changed from 4:00 p.m. to 2:00 p.m. for
the December 18th
Council Special Meeting.
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.
11
WKSHP121312 Minutes Page 5
Councilmember Benham would like to invite the Executive Director of “Gig.U” to make a
presentation on January 24, 2013. Councilmember Benham also asked to discuss a future item
on block length in the UDO.
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, Blinn College Brazos
Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of
Governments, Bryan/College Station Chamber of Commerce, BVSWMA, BVWACS,
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, Parks and
Recreation Board, Planning and Zoning Commission, Research Valley Partnership,
Regional Transportation Committee for Council of Governments, Sister City Association,
TAMU Student Senate, Texas Municipal League, Youth Advisory Council, Zoning Board
of Adjustments.
Mayor Berry reported on the Brazos Valley Council of Governments.
Councilmember Schultz reported on the RVP Committee.
Councilmember Nichols reported on TML and the information received.
Councilmember Brick reported on the Joint Neighborhood Parking Committee.
11.
Adjournment
MOTION: There being no further business, Mayor Berry adjourned the workshop of the
College Station City Council at 7:05 p.m. on Thursday, December 13, 2012.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
12
RM121312 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
DECEMBER 13, 2012
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
Blanche Brick
Jess Fields
Karl Mooney
John Nichols
Julie Schultz
James Benham
City Staff:
David Neeley, City Manager
Frank Simpson, Deputy City Manager
Kathy Merrill, Deputy City Manager
Carla Robinson, City Attorney
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 7:15 p.m. on Thursday, December 13, 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
.
Citizen Comments
There were no citizen comments.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
• November 19, 2012 Workshop
• November 19, 2012 Regular Council Meeting
• December 4, 2012 Special Meeting
13
RM121312 Minutes Page 2
2b.
Presentation, possible action, and discussion regarding Ordinance 2012-3464,
approving the renumbering and rearrangement of the City Charter, as necessary, and
authorizing the Mayor to certify and submit to the Secretary of State of the State of Texas
an authenticated copy of the amended Home Rule Charter for the City of College Station,
certifying that the Home Rule Charter was approved by the registered voters of the City of
College Station at a special election held on November 6, 2012 and was accepted on their
behalf by the City Council of the City of College Station by Ordinance no. 2012-3460 on
November 19,2012.
2c.
Presentation, possible action, and discussion regarding adoption of the 2013 Annual
Council Calendar.
2d.
Presentation, possible action and discussion regarding Ordinance 2012-3465, amending
Chapter 4 "Business Regulations" Section 20 "Mobile Food Vendors", B "Permit and
Application", 4 "Permit Form", (N), of the Code of Ordinance of the City of College
Station.
2e.
Presentation, possible action, and discussion on renewing the Stop Loss reinsurance for
the City's self funded health plan with Blue Cross and Blue Shield of Texas (BCBS) for the
period of January 1, 2013 through December 31,2013. The estimated annual premiums are
$569,232.
2f.
Presentation, possible action and discussion regarding a new policy for employee life,
accidental death & dismemberment (AD&D), voluntary life and AD&D, and dependent life
insurance with Mutual of Omaha. Projected annual City cost is $93,000.00.
2g.
Presentation, possible action, and discussion regarding approval of a contract between
the City of College Station and BerryDunn in the amount of $95,195.00 for the purposes of
conducting an analysis of the current software and recommend alternatives and
authorizing the City Manager to execute the contract on behalf of the City Council.
2h.
Presentation, possible action, and discussion on a bid award for the purchase of steel,
fiberglass, and concrete electric distribution poles to TransAmerican Power Products, Inc.
$96,725.00; HD Supply Utilities $160,936.40; Stress Crete, Inc $208,231.00; and RS
Technologies, Inc $17,724.66 for a total of $483,617.06.
2i.
Presentation, possible action, and discussion regarding Resolution 12-13-12-2i, declaring
intention to reimburse certain expenditures with proceeds from debt for the Rock Prairie
Road Rehabilitation (Bird Pond Road to W.D. Fitch Parkway) project.
2j.
Presentation, possible action and discussion regarding Resolution 12-13-12-2j,
delegating authority to the City Manager to approve and execute various documents of a
routine nature on behalf of the City to conduct the daily affairs of the City.
2k. Presentation, possible action, and discussion regarding approval of a contract between
the City of College Station and Texas Landscape Creations in the amount of $101,945.98
14
RM121312 Minutes Page 3
for the Barron Road Phase 2 Landscaping project and authorizing the City Manager to
execute the contract on behalf of the City Council.
2l.
Presentation, possible action, and discussion regarding a change order to professional
services contract #09233 with Mitchell & Morgan, LLP in the amount of $41,500.00, and
approval of Resolution 12-13-12-2l, declaring intention to reimburse certain expenditures
with proceeds from debt.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Benham, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda. The motion carried unanimously.
REGULAR AGENDA
1.
Public Hearing, presentation, possible action and discussion of Ordinance 2012-3466,
amending Chapter 10 "Traffic Code", to remove parking along specific streets in the
Buena Vida Subdivision.
At approximately 7:35 p.m., Mayor Berry opened the Public Hearing.
Don Curtis, 3201 Toni Ct., asked Council to consider parking removal on Toni Ct. as well as
what’s been considered in the Buena Vida Subdivision.
Rebekah Weirich, 3201 Toni Ct., asked Council to consider parking removal on Toni Ct. as well
as what’s been considered in the Buena Vida Subdivision. Property owners are concerned with
the backlash of parking removal without including Toni Court.
Mike Ashfield, P&Z Commissioner, spoke as a citizen agreeing to the citizen’s request to extend
the parking removal to Toni Court.
There being no further comments, the Public Hearing was closed at 7:35 p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Mooney, the City Council voted three (3) for and four (4) opposed, with Mayor Berry and
Councilmembers Nichols, Schultz and Brick voting against, to adopt Ordinance 2012-3466,
amending Chapter 10 "Traffic Code", to remove parking along specific streets in the Buena Vida
Subdivision and adding no parking on the north side of the street beginning at the intersection of
Keefer Loop and Toni Ct., at the northwest corner of said intersection, westward on Toni Ct. and
continuing around the complete circular end of Toni Ct. to end at the driveway entrance of 3207
Toni Ct. The motion failed.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Schultz, the City Council voted six (6) for and one (1) opposed, with Councilmember Benham
voting against, to adopt Ordinance 2012-3466, amending Chapter 10 "Traffic Code", to remove
parking along specific streets in the Buena Vida Subdivision. The motion carried.
2. Public Hearing, presentation, possible action and discussion regarding Ordinance 2012-
3467, designating the western portion of the College Station Medical District as
15
RM121312 Minutes Page 4
Reinvestment Zone Number 18, City of College Station, Texas, Enumerating the qualifying
criteria, adopting a preliminary development and financing plan, and establishing a Board
of Directors for such Zone, and other matters relating thereto.
3.
Public Hearing, presentation, possible action and discussion regarding Ordinance 2012-
3468, designating the Eastern portion of the College Station Medical District as
Reinvestment Zone Number 19, City of College Station, Texas, enumerating the qualifying
criteria, adopting a preliminary development and financing plan, and establishing a Board
of Directors for such Zone, and other matters relating thereto.
Items 2 and 3 were presented together with separate Public Hearings and votes.
At approximately 8:50 p.m., Mayor Berry opened the Public Hearing for Item 2.
There being no comments, the Public Hearing was closed at 8:50 p.m.
(2)MOTION: Upon a motion made by Councilmember Nichols and a second by
Councilmember Mooney, the City Council voted six (6) for and one (1) opposed, with
Councilmember Fields voting against, to adopt Ordinance 2012-3467, designating the western
portion of the College Station Medical District as Reinvestment Zone Number 18, City of
College Station, Texas, Enumerating the qualifying criteria, adopting a preliminary development
and financing plan, and establishing a Board of Directors for such Zone, other matters relating
thereto and with exhibits A & B amended to reflect TIRZ #18. The motion carried.
At approximately 9:10 p.m., Mayor Berry opened the Public Hearing for Item 3.
There being no comments, the Public Hearing was closed at 9:10 p.m.
(3)MOTION: Upon a motion made by Councilmember Mooney and a second by
Councilmember Benham, the City Council voted six (6) for and one (1) opposed, with
Councilmember Fields voting against, to adopt Ordinance 2012-3468, designating the Eastern
portion of the College Station Medical District as Reinvestment Zone Number 19, City of
College Station, Texas, enumerating the qualifying criteria, adopting a preliminary development
and financing plan, and establishing a Board of Directors for such Zone, other matters relating
thereto and with exhibits A & B amended to reflect TIRZ #19. The motion carried.
4.
Public Hearing, presentation, possible action and discussion regarding review and
development of a Resolution of the City of College Station supporting Legislation to create
the "Rock Prairie Medical District Municipal Management District Number One" and the
associated draft Legislation.
5.
Public Hearing, presentation, possible action and discussion regarding review and
development of a Resolution of the City of College Station supporting Legislation to create
the "Rock Prairie Medical District Municipal Management District Number Two" and the
associated draft Legislation.
Items 4 and 5 were presented together with separate Public Hearings. Staff and Steve Robinson,
of Allen Boone Humphries Robinson, presented to Council items regarding the Rock Prairie
16
RM121312 Minutes Page 5
Municipal Management District One and Rock Prairie Municipal Management District Two.
Council received a general overview of why MMDs are important and the role they might serve
regarding the College Station Medical District. After the proposed boundaries of each were
presented, staff provided specific detail for each MMD explaining their proposed powers and
duties. Council was asked to provide feedback regarding the draft enabling legislation that would
be used to create the MMDs with their respective powers and duties. Council members provided
staff and Mr. Robinson general direction that would be used to write a local bill that would need
to be sponsored and filed in the State Legislature. Staff also sought feedback regarding the draft
resolution that would be used to support the future filing of the required legislation. A final
resolution will come back to City Council on January 10 for adoption.
At approximately 9:40 p.m., Mayor Berry opened the Public Hearing on Item 4.
James Murr, 3600 Hwy 6 South, reported he is a stakeholder and a resource if needed.
There being no further comments, the Public Hearing was closed at 9:44 p.m.
At approximately 10:50 p.m., Mayor Berry opened the Public Hearing on Item 5.
There being no comments, the Public Hearing was closed at 10:50 p.m.
6.
Adjournment.
MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the
City Council at 11:03 p.m. on Thursday, December 13, 2012.
________________________
Nancy Berry, Mayor
ATTEST:
___________________________
Sherry Mashburn, City Secretary
17
SM121812 Page 1
MINUTES OF THE SPECIAL CITY COUNCILMEETING
CITY OF COLLEGE STATION
DECEMBER 18, 2012
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
Blanche Brick
Jess Fields, absent
Karl Mooney
John Nichols
Julie Schultz
James Benham
City Staff:
David Neeley, City Manager
Kathy Merrill, Deputy City Manager
Frank Simpson, Deputy City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
1.
Call to Order and Announce a Quorum is Present
With a quorum present, the Special Meeting of the College Station City Council was called to
order by Mayor Nancy Berry at 2:14 p.m. on Tuesday, December 18, 2012 in the College Station
Utility Services Training Center, 1603 Graham Road, College Station, Texas 77842.
2. Presentation, possible action, and discussion regarding the City's State Legislative Plan
for the 83rd
Legislature.
Jason Stuebe, Assistant to the City Manager, presented the 2013 State Legislative Plan. The
purpose is to influence legislation at the state level that may impact the city. The plan covers
five primary areas: general administration, economic development, law enforcement, public
utilities and infrastructure, and parks and recreation.
General administration will cover election law (monitor the modification of election laws
including proposals related to Senate Bill 100 and support or oppose as necessary), open
meetings and open records law (support only changes to the open meetings and records
18
SM121812 Page 2
requirements that do not increase the burden on cities to comply), annexation (oppose legislation
that restricts current annexation law), appraisal and revenue caps (oppose legislation that
imposes revenue or appraisal caps, limiting the City’s ability to raise and collect the necessary
revenue to provide services), municipal authority (oppose legislation that diminishes municipal
authority, including the ability to enact and enforce ordinances and restrict zoning authority),
unfunded mandates (oppose legislation with unfunded mandates), vital statistics and records
(oppose legislation that consolidates local registrar functions and erodes local control),
newspaper notices (support legislation that allows municipalities to rely more on posting notices
online), the Texas Windstorm Insurance Amendment (oppose legislation creating a statewide
disaster pool), and payday lending regulation (support legislation stopping usurious lending by
payday and auto title lenders).
The City positions on economic development will be to support: locally initiated legislation for
economic development purposes, legislation that promotes economic development opportunities
through the expansion of state economic development funds, and legislation beneficial to TAMU
and Blinn College. The City will oppose attempts to restrict the use of economic development
tools such as tax abatement and/or TIRZ’s.
On Law Enforcement issues, the City will monitor and likely support many initiatives proposed
by the Texas Police Chiefs Association.
For Public Utilities and Infrastructure issues, as they relate to Water/Wastewater, the City will
monitor and support legislation that protects our ability to provide an adequate water supply,
promote water conservation, and maintain local authority. The City will also support legislation
pertaining to the State Water Plan as long as it does not create any unnecessary burdens for local
governments or water systems.
Intergovernmental partners include TML, The Bryan/College Station Chamber of Commerce,
Blinn College, and the City of Bryan. Staff will provide regular updates as the session
progresses.
MOTION: Upon a motion by Councilmember Mooney, and a second by Councilmember
Schultz, the Council voted six (6) for and none (0) against, to approve the City's State Legislative
Plan for the 83rd
Legislature as presented. The motion carried unanimously.
3.
Presentation, possible action, and discussion regarding options and enhancements for the
Utility Dispatch outage reporting and tracking system.
Tim Crabb, Interim Director of Electric Utilities, reported on the proposed Utility Dispatch
Phone System Upgrade. The current system was installed in 2001. It has been updated, but not
upgraded. It was designed with fourteen phone lines coming in. The customer’s phone number
is used for identification. The system is only turned on for large outages. The current cost is
$5,000/year for OMS support, but the hardware is out of date. A system our size needs at least
forty-eight phone lines. Automatic data information for all outages is not available, and phone
number identification only works on 15%-20% of the customers. The lack of use on a daily
basis has created issues when it is needed.
19
SM121812 Page 3
The first issue is to be able to identify the customers. He reiterated that only 15%-20% can be
identified by phone number. Also, street addresses have too many variables. 80% of customers
can be identified by the system if we go to using the Account Number for identification. The
customer will need to be educated on using Account Number when calling in.
Three options were presented. Option 1 is to update the current system. Cost for the first year is
$19,800 including training. Every year after that is $10,500 for support and maintenance plus
maintain fourteen lines on the CISCO system.
Option 2 is to purchase new equipment and software (new lines, voice recognition, caller ID,
Text to Speech), training for dispatchers, a new direct line to serve 48 vs 14 lines, and the ability
to turn on and turn off as needed. The first year cost is $122,500 including training. Every year
after that is $39,000 for support, phone lines and maintenance.
Option 3 is a Hosted Call Center (the Cloud). It has the same benefits as the new IVR system.
Training for dispatchers is on OMS, but not IVR. Unlimited number of lines will be available.
It would always be on, and all outage data would be collected. A new 800 number would be
required to call in to Dispatch. The first year cost is $29,000 including training. Every year after
that is $14,800 for calls, support, and maintenance.
MOTION: Upon a motion by Councilmember Benham, and a second by Councilmember
Mooney, the Council voted six (6) for and none (0) against, to approve Option 3. The motion
carried unanimously.
4.
Presentation, possible action, and discussion of information about payday and auto title
lending businesses, as well as efforts other cities are undertaking to bring about regulation
of this industry.
Alison Prince, Vice President Community Impact, United Way of the Brazos Valley, spoke on
financial stability committee and payday and auto title lending activities. She requested Council
support for a resolution that will be coming before the Council at the January 10 meeting. The
resolution requests the State Legislature and Governor to take action to stop usurious lending by
payday and auto title lending activities that exploit economically vulnerable College Station
citizens. Payday loans are small cash advances, with two-week loan terms. It is unsecured, but a
postdated check is required. With an auto title loan, the car title is used as collateral. It has a one
month loan term. If the borrower defaults, the lender can take the car. These types of loans
create a cycle of debt wherein high fees are paid month after month. From January 2012 – June
2012, there were 14,000 payday loans in Bryan/College Station, and $1.3 million in fees alone
were paid. 101 vehicles were repossessed.
5.
Presentation, possible action, and discussion regarding approval of an engagement letter
between the City of College Station and Allen Boone Humphries Robinson, LLP in the
amount of $105,000 to provide services to the City in connection with the creation of two
municipal management districts related to the Medical District and authorizing the City
Manager to execute the engagement letter on behalf of the City Council.
20
SM121812 Page 4
This item was pulled from the agenda, was not discussed and no action taken.
6.
Presentation, possible action, and discussion regarding an amendment to the Interlocal
Cooperation and Joint Development Agreement for the Joint Research Valley BioCorridor
Development Project.
Frank Simpson, Deputy City Manager, noted this was to clarify the original intent of the
Agreement. City Attorney Carla Robinson reported that the City of Bryan City Council has
already approved this amendment.
MOTION: Upon a motion by Councilmember Schultz, and a second by Councilmember
Nichols, the Council voted six (6) for and none (0) against, to approve the amendment to the
Interlocal Cooperation and Joint Development Agreement for the Joint Research Valley
BioCorridor Development Project. The motion carried unanimously.
7.
Presentation, possible action and discussion regarding Year-end budget savings
distribution to eligible employees.
MOTION: Upon a motion by Councilmember Nichols and a second by Councilmember
Schultz, the Council voted six (6) for and none (0) against, to approve the year-end budget
savings distribution to eligible employees. The motion carried unanimously.
8.
Presentation, possible action, and discussion regarding Resolution 12-18-12-08, creating
a City Council Economic Development Committee; Resolution 12-18-12-08a, creating a
Budget and Finance Committee; Resolution 12-18-12-08b, creating a Compensation and
Benefits Committee; and Resolution 12-18-12-08c, creating a Transportation and Mobility
Committee.
MOTION: Upon a motion by Councilmember Brick, and a second by Councilmember Mooney,
the Council voted six (6) for and none (0) against, to adopt Resolution 12-18-12-08, creating a
City Council Economic Development Committee; Resolution 12-18-12-08a, creating a Budget
and Finance Committee; Resolution 12-18-12-08b, creating a Compensation and Benefits
Committee; and Resolution 12-18-12-08c, creating a Transportation and Mobility Committee.
The motion carried unanimously.
9.
Presentation, possible action, and discussion regarding the appointment of
Councilmembers to boards and commissions.
MOTION: Upon a motion by Councilmember Mooney, and a second by Councilmember
Benham, the Council voted six (6) for and none (0) against, to make the following appointments
to external committees and the newly created internal committees:
• Brazos County Health Department: John Nichols, Blanche Brick
• Intergovernmental Council: Karl Mooney
• Economic Development: Karl Mooney, Julie Schultz
• Budget and Finance: John Nichols, James Benham
21
SM121812 Page 5
• Compensation and Benefits. Blanche Brick, Julie Schultz
• Transportation and Mobility: Blanche Brick, John Nichols
The motion carried unanimously.
10.
Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney,
§551.072-Real Estate; and §551.087-Economic Development Negotiations, the College Station
City Council convened into Executive Session at 3:55 p.m. on Tuesday, December 18, 2012 in
order to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to
wit:
• 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 v. Randall Hall et al, Case No. 10 CV -3922; Thomas Chavers et al. v. Kalinec
Towing Company, Inc. et al, Cause Number 201237978, In the 270 District Court of
Harris County, Texas.
• 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. 11-002516-
CV-272, in the 272nd District Court of Brazos County, Texas
• Patricia Kahlden, individ. and as rep. of the Estate of Lillie May Williams Bayless v.
Laura Sue Streigler, City of College Station and James Steven Elkins, No. 11-003172-CV
-272, in the 272nd
• Claim and potential litigation related to a June 24, 2011 collision with a city vehicle.
District Court of Brazos County, Tx.
• State v. Carol Arnold, Cause Number 11-02697-CRF-85, in the 85th District Court,
Brazos County, Texas
B. Deliberation on the deliberate the purchase, exchange, lease or value of real property; to wit:
• Property located generally in the area north of University Drive, east of Agronomy Road,
and west of Wellborn Road.
C. Deliberation on economic development negotiations regarding an offer of financial or other
incentives for a business prospect; to wit:
• Discuss economic development incentive negotiations with TAMU
• Economic Development prospect in the Biocorridor
The Executive Session adjourned at 4:37 p.m. on Tuesday, December 18, 2012.
11.
Action on Executive Session.
MOTION: Upon a motion by Councilmember Brick, and a second by Councilmember Schultz,
the Council voted six (6) for and none (0) against, to approve the settlement of Maguire vs. City
of College Station in an amount not to exceed $130,000 and to authorize the City Manager to
22
SM121812 Page 6
execute any documents necessary for the settlement on behalf of the City. The motion carried
unanimously.
12.
Adjournment
MOTION: There being no further business, Mayor Berry adjourned the Special Meeting of the
College Station City Council at 4:38 p.m. on Tuesday, December 8, 2012.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
23
January 10, 2013
Consent Agenda Item No. 2b
Automated Ambulance Billing, Accounts Receivable and
Delinquent Account Collection Services
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director of Business Services
Agenda Caption: Presentation, possible action and discussion on an Agreement for
Services with Emergicon to provide ambulance billing, accounts receivable and delinquent
account collection services in an amount not to exceed $120,000.
Relationship to Strategic Goals: Goal 1. Spending taxpayer money efficiently.
Recommendation(s): Staff recommends the approval of the Agreement for Services with
Emergicon.
Summary: Ambulance billing is unique in that it requires specialized knowledge, training,
and software in order to code the transports for billing, and it requires a tremendous
amount of follow-up work with Medicare, Medicaid, and private insurance companies after
bills are sent. Dealing with patient confidential information necessitates specialized training
in federal HIPPA and Privacy Act legislation compliance.
In November 2012, staff solicited proposals for ambulance billing, account receivable and
delinquent account collection ser
vices. A total of 10 responses were received. A review committee made up of staff
personnel from Fire, IT and Accounting was formed and after reviewing all proposals
Emergicon was the toped ranked firm.
This Agreement for Services provides ambulance billing, accounts receivable and collection
services for the City’s EMS operation. Emergicon has been the City’s ambulance billing and
collection provider for the past three years and has collected $3.7 million net of fees for the
City during that time.
Budget & Financial Summary: Funds are available in the General Fund, Fiscal Services,
Accounting Division. The fee that will be charged for all new bills is 5% of the amount
collected and 16% of any delinquent accounts collected.
Reviewed and Approved by Legal: Yes
Attachments:
Contract #13-045 is available in the City Secretary’s Office.
24
January 10, 2013
Consent Agenda Item No. 2c
Holleman Dr. South & Deacon Drive West License to Encroach
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development Services
Agenda Caption: Presentation, possible action, and discussion approving a resolution
authorizing a License Agreement with Heath Phillips Investments, LLC, pertaining to the
encroachment in to the public utility easement area of a portion of a structure located in
Common Area, The Barracks II Subdivision Phase 100, according to the plat recorded in
Volume 10785, Page 163 of the Official Records of Brazos County, Texas.
Relationship to Strategic Initiatives: N/A
Recommendation(s): Staff recommends approval of the resolution granting the
license to encroach at Holleman Drive South and Deacon Drive West.
Summary: A subdivision monument sign at the intersection of Holleman Drive South and
Deacon Drive West extends approximately 4 feet into a 10-foot wide Public Utility Easement
along Deacon Drive West and extends approximately 3 feet into a 10-foot wide Public Utility
Easement along Holleman Drive South. There are no existing utilities in the easements and
consent has been granted by all franchised utilities for the encroachment. Approval of the
resolution will allow the sign to remain in the current location.
Budget & Financial Summary: N/A
Reviewed and Approved by Legal: Yes
Attachments:
1. Attachment 1 - Vicinity Map
2. Attachment 2 - Resolution
Resolution Exhibit "A" (License Agreement)
License Agreement Exhibit “A” (Survey)
3. Attachment 3 - Application for License to Encroach (On file at the City Engineer’s Office)
25
26
27
28
29
30
t\c:\users\tmcnutt\appdata\local\temp\exhibit a.doc 12/31/2012
LICENSE AGREEMENT
THE STATE OF TEXAS * * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS * That the City of College Station (hereinafter referred to as "LICENSOR"), acting through the undersigned official who is so empowered by resolution of the City Council to so act in consideration of the agreement made herein by HEATH PHILLIPS INVESTMENTS, LLC, (hereinafter referred to as "LICENSEE"), owner of Common Area, The Barracks II Subdivision Phase 100, College Station, Texas, according to the plat recorded in Volume 10785, Page 163 of the Official Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of a structure located on Common Area, The Barracks II Subdivision Phase 100, College Station, Texas, to encroach upon the easement, as shown on Exhibit "A" attached hereto and incorporated herein by reference for all purposes, owned and occupied by the City of College Station, Brazos County, Texas, but such improvements shall be at all times under and not in contact with any electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility, including any drainage structures which are servicing the improvements and other property, and subject to the following terms and conditions: Neither the granting of the license, nor any related permit, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other rights in and to the above-described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICENSOR's property. LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of action, and cost, including attorneys' fee, and including any acts or omissions of the LICENSOR, its officers, agents, and employees, which may grow out of or be attributable to the granting by the LICENSOR of said license and any supplemental license which may hereafter be issued in connection herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good a condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or facilities that may be incurred as a result of the proposed construction or actual construction. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements. LICENSOR retains the right, but not the obligation, to enter upon the land to which this license applies and at LICENSEE's expense to remove any structure or improvements or alterations thereon upon the determination by LICENSOR that such removal is necessary for exercising LICENSOR's rights or duties in regard to said easement, or for protecting persons or property, or public interest in regard to said easement. This license, until its expiration or revocation, shall run with the title to the above-described real property, and the terms and conditions hereof shall be binding upon subsequent owners or holders thereof. LICENSEE shall cause any immediate successors in interest to have factual notice of this License Agreement. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license, and shall expire as to any portion of said improvements upon the removal, whether or not all of the proposed improvements are removed. This license is revocable by the LICENSOR upon the occurrence of any of the following conditions or events: A. LICENSEE or its successors or assigns have failed to comply with the terms of the granting of the license; or B. The improvements located thereon or any portion of them interfere with the rights of the LICENSOR or the public in or to LICENSOR's property; or C. The use of the licensed area becomes necessary for a public purpose; or D. Said improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the said improvements; or
31
- 2 -
t\c:\users\tmcnutt\appdata\local\temp\exhibit a.doc
12/31/2012
E. Said improvements or a portion of them have expanded beyond the scope of the license; or F. Maintenance or alteration necessary to alleviate danger to the public has not been made within a reasonable time after the dangerous condition has arisen. This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as indicated by the signature of LICENSEE. The license shall be filed of record in the Official Records of the County Clerk of the Brazos County Courthouse. APPROVED this the ________ day of ______________________, 2013. APPROVED: APPROVED: HEATH PHILLIPS INVESTMENTS, LLC CITY OF COLLEGE STATION, LICENSEE LICENSOR BY:______________________________ BY:________________________________ HEATH PHILLIPS, President NANCY BERRY, Mayor ATTEST: ____________________________________ SHERRY MASHBURN, City Secretary STATE OF TEXAS ) ) COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged before me on the _____ day of ________________, 2013, by ___________________________________, as Mayor of the City of College Station, a Texas Municipal Corporation, on behalf of said Corporation. ____________________________________ Notary Public in and for the State of T E X A S STATE OF TEXAS ) ) COUNTY OF BRAZOS ) CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged before me on the _____ day of _______________________, 2013, by ______________________ as __________________ of ________________________, on behalf of said ____________________. ____________________________________ Notary Public in and for the State of Texas
32
33
34
January 10, 2013
Consent Agenda Item No. 2d
Pay Day Lending Regulation
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development Services
Agenda Caption: Presentation, possible action, and discussion regarding the approval of a
Resolution of the City of College Station requesting the Texas Legislature and the Governor of
Texas enact laws to regulate the rates and fees charged by payday lending and auto title loan
businesses and to affirm cities authority to pass ordinances regulating payday lending and auto title
loan business practices.
Relationship to Strategic Goals: Financially Sustainable City, Neighborhood Integrity, and
Diverse Growing Economy
Recommendation(s): Staff recommends approval.
Summary: A Presentation was given by the United Way of the Brazos Valley at your December 18th
meeting covering information about payday and auto title lending businesses, as well as efforts other
cities are undertaking to bring about regulation of this industry. Staff received direction at that time to
bring a draft resolution for your consideration.
Texas cities, including Austin, Dallas and San Antonio, are seeking support from the Texas
Municipal League (TML) to request the Texas Legislature and the Governor of Texas to provide for
regulation of payday lending and auto title lending practices. Staff works with various Community
Stakeholders through the United Way’s Financial Stability Committee which has drafted a Call to
Action Concerning Payday and Auto Title Lending Activates. This call was created to urge both the
College Station and Bryan City Council’s to adopt a Resolution to request that policy makers take
action to regulate payday and auto title lending in the State. The City of Bryan recently passed a
Resolution in support of this effort.
The Resolution requests that the Texas Legislature and the Governor of Texas enact laws to
regulate the rates and fees charged by payday lending and auto title loan businesses and to affirm
cities authority to pass ordinances regulating payday lending and auto title loan business practices.
Budget & Financial Summary: N/A
Reviewed and Approved by Legal: Yes
Attachments:
1. Resolution
2. UWBV Financial Stability Committee Call to Action Concerning Payday and Auto Title
Lending Activities
35
36
37
38
39
40
January 10, 2013
Consent Agenda No. 2e
TxDOT Drainage Infrastructure Data Collection
Project Number SD1303
To: David Neeley, City Manager
From: Chuck Gilman, P.E., PMP, Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
contract between the City of College Station and Binkley & Barfield, Inc. in the amount of
$59,750.00 for TxDOT Drainage Infrastructure Data Collection and Mapping project and
authorizing the City Manager to execute the contract on behalf of the City Council.
Relationship to Strategic Goals:
1. Core Services and Infrastructure
2. Neighborhood Integrity
Recommendation(s): Staff recommends approval of the contract and authorization for
the City Manager to execute the contract.
Summary: This item is for data collection and GIS mapping of existing drainage
infrastructure in the designated right of way of TxDOT thoroughfares within the College
Station city limits. The City’s Storm Water Management Plan calls for the mapping and
screening of outfalls and other drainage structures within the city limits. Existing city-
owned outfalls and drainage infrastructure has been entered into the City’s GIS system
along with a significant portion of drainage structures and outfalls that have been
constructed by developers over the past 5 years.
Currently, outfalls and other drainage structures that are within the city limits in TxDOT
right of way along TxDOT thoroughfares are not identified and mapped in the City’s GIS
system. Since the storm water discharge from these facilities impacts the City’s storm
water drainage infrastructure, this project will allow the City to identify the location and
types of drainage infrastructure in TxDOT right of way. This will enable the City to better
understand the upstream storm water infrastructure and allow the City to identify upstream
issues that may be impacting the City’s drainage infrastructure.
Budget & Financial Summary:
Funds in the amount of $67,070 are budgeted and available in the Drainage Utility Fund for
Storm Water Mapping – GIS Services.
Reviewed and Approved by Legal: Yes
Attachments:
1.) Consultant Contract – on file in the City Secretary’s Office
41
January 10, 2013
Consent Agenda Item No. 2f
Annual Auto & Truck Tire Purchases
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director Business Services
Agenda Caption: Presentation, possible action and discussion regarding the approval of
annual tire purchases from Pilger’s Tire & Auto Center through the State of Texas (TxMAS)
Tire Contract in the amount of $197,000.00.
Relationship to Strategic Goals: (Select all that apply)
1. Financially Sustainable City
Recommendation(s): Staff recommends approval to purchase auto and truck tires from
Pilger’s Tire & Auto Center through the Texas Multiple Awards Schedule (TxMAS) Contract
(#TxMAS-7-261020-40). The estimated annual expenditure of $197,000.00 is based on the
average amount spent on auto and truck tires since January 2012 and the anticipated needs
for existing vehicles and new vehicles being added to inventory this fiscal year.
Summary: Pilger’s Tire & Auto Center is the local (College Station, TX) TXMAS contract
dealer for auto and truck tires. TXMAS contracts are developed from contracts that have
been competitively bid and awarded by the federal government or any other governmental
entity of any state. The contracts offer access to multiple vendors providing commodities
and services at the most favored customer prices. Texas Government Code §2155.504,
Use of Schedule by Government Entities, states that a State agency or local government
may purchase goods or services directly from a vendor under a contract listed on a schedule
developed under this subchapter. A purchase authorized by this section satisfies any
requirement of State law relating to competitive bids or proposals. Contingent upon Council
approval, a blanket purchase order will be issued for the term of February 1, 2013 through
January 31, 2014.
Budget & Financial Summary: Funds are available and budgeted in the Fleet
Maintenance fund which is funded by all other departments.
Reviewed and Approved by Legal: N/A
Attachments: Summary of TXMAS Contract #TXMAS-7-261020-40
42
PILGER'S TIRE & AUTO CENTER
Contract TXMAS-7-261020-40
Dealer for:
BRIDGESTONE FIRESTONE N.A. TIRE, LLC
On-Line Catalog/Order Processing
TIRES, PNEUMATIC (NEW), FOR PASSENGER, LIGHT TRUCK, MEDIUM TRUCK, AND
BUS, AND RETREAD SERVICES
Corporate Office:
BRIDGESTONE FIRESTONE N.A.
TIRE, LLC
535 MARRIOTT DRIVE
NASHVILLE TN 37214
USA
Send PO to:
PILGER'S TIRE & AUTO CENTER
400 E. UNIVERSITY DRIVE
COLLEGE STATION TX 77840
USA
Vendor ID: 17418726752
Invoice From:
PILGER'S TIRE & AUTO CENTER
400 E. UNIVERSITY DRIVE
COLLEGE STATION TX 77840
USA
Vendor ID:
Delivery: 30 DAYS ARO
FOB Point: DESTINATION
Terms: NET 30 DAYS
Remit To: PILGER'S TIRE & AUTO
CENTER
400 E. UNIVERSITY DRIVE
COLLEGE
STATION TX 77840
USA
Vendor ID:
Vendor ID: 17418726752
Business
Type:Small
DUNS #:
Effective:
Expires:
1/19/2007
12/20/2016
CONTACT: WILLIE HESS
Phone 979-696-1729
WILLIE@PILGERSTIRE.COM
Page 1 of 1PILGER'S TIRE & AUTO CENTER - TXMAS Contract TXMAS-7-261020-40
11/14/2012http://portal.cpa.state.tx.us/txmas/txmasb.asp?CONTRACT=12420&DEALER=40
43
January 10, 2013
Consent Agenda Item No. 2g
Annual Purchase of Auto Parts, Shop Equipment and Services
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director Business Services
Agenda Caption: Presentation, possible action, and discussion on approving an annual
blanket purchase order for the purchase of auto parts, shop equipment and services from
NAPA Auto Parts (College Station, TX) through the Purchasing Solutions Alliance (PSA)
contract for the amount of $75,000.00.
Relationship to Strategic Goals: (Select all that apply)
1. Financially Sustainable City
Recommendation(s): Staff recommends approval of an annual blanket purchase order to
purchase various auto parts, shop equipment and related services from NAPA Auto Parts
through the Purchasing Solutions Alliance (PSA) contract (#09-102). The estimated annual
expenditure of $75,000.00 is based on the average amount spent on automotive and truck
parts since January 2012 and the anticipated needs for existing vehicles and new vehicles
being added to inventory this fiscal year.
Summary: Summary: NAPA Auto Parts is the local (College Station, TX) PSA contract
dealer for auto parts, shop equipment and services. PSA is a purchasing cooperative for
public agencies. All products and services available for purchase through PSA contracts
have been competitively bid and awarded and satisfy any State law requirements relating to
competitive bids or proposals. Contingent upon Council approval, a blanket purchase order
will be issued for the term of January 15, 2013 through January 14, 2014.
Budget & Financial Summary: Purchases of auto parts are made through an inventory
account as budgeted and available in the Fleet Maintenance Funds. Charges are made to
the various departments for vehicle maintenance based on the average annual cost for each
piece of equipment.
Reviewed and Approved by Legal: N/A
Attachments: Summary of PSA Contract #09-102
44
PSA Contract No. 09-102
Auto Parts, Shop Equipment and Services
Contract Details
Vendor POC:
Genuine Parts Company (d.b.a. NAPA Auto Parts)
Robert L. Parks, Division Sales Manager
Phone: (214) 654-1301
Cell: (210) 317-6534
Email: Robert_L_Parks@genpt.com
Contract: All inclusive selection of automotive parts and accessories, shop and service equipment,
classroom and online training services, and integrated business solutions (on-site supplier owned inventory
management).
Contract Term: 03.19.2010 through 03.18.2012. Three – 1 year Extensions Available.
Orders: PSA Members may place orders via phone, fax, email or through the NAPA online ordering
system. PSA Members are granted access to this site by contacting the NAPA representative listed above.
Pricing: Discount from NAPA’s Nationally Published Electronic Internet Price List. Reference PSA Contract
No. 09-102 to the NAPA store/location your entity orders through; NAPA Major Account No. 342 and NAPA
Pricing Profile should be set at 9075. Click here to download the PSA Contract 09-102 pricing discount
schedule in pdf format.
Delivery: 1. F.O.B. to customer’s destination, full freight allowed. Deliveries within 10 miles of a NAPA
facility are made within 1 hour of the time order is received and during normal business hours for in-stock
parts. For customers who are more than 10 miles from a NAPA facility but less than 30 miles, receive same
day delivery on in-stock parts.
Or
2. F.O.B. to customer’s destination, full freight allowed. Deliveries greater than 30 miles are shipped via
UPS ground or other Common Carrier. Orders less than $300 will be charged actual UPS or Common
Carrier freight cost.
Or
Quick L
Se
Page 1 of 2NAPA Auto Parts - Brazos Valley Council of Governments
1/11/2012http://www.bvcog.org/programs/purchasing-solutions-alliance/cooperative-contracts/napa-...
45
3. Freight costs will be applied to parts/equipment that are not stocked within NAPA local stores and have to
be assigned to one of NAPA’s distribution centers.
Returns: Any NAPA product that is new and in sellable condition can be returned at anytime without any
restocking fees. Items that are used and found to be unsatisfactory to an End User for any reason are
returnable during the manufactures warranty period for a free replacement. All purchases will be tracked;
therefore, no proof of purchase is required from customer to process a return.
Page 2 of 2NAPA Auto Parts - Brazos Valley Council of Governments
1/11/2012http://www.bvcog.org/programs/purchasing-solutions-alliance/cooperative-contracts/napa-...
46
January 10, 2013
Consent Agenda Item No. 2h
Organic Waste Collection
Franchise Agreement – Viridiun
To: David Neeley, City Manager
From: Chuck Gilman, P.E., PMP, Public Works Director
Agenda Caption: Presentation, possible action, and discussion on the first reading
of a franchise agreement with Viridiun; for the collection of organic waste from
commercial business locations.
Relationship to Strategic Goals: Wise stewardship of the natural resources and
features needed to meet current demands without compromising the ability of
future generations to do the same.
Recommendation(s): Staff recommends approval of this franchise agreement.
Summary: The proposed agreement would allow Viridiun to collect organic waste
from commercial business locations within the City of College Station.
Organic waste is defined as waste of a biological origin recovered from the solid
waste stream for the purposes of reuse, reclamation, or compost. Organic waste is
not solid waste, unless it is abandoned or disposed of, rather than reprocessed into
another product. Organic waste includes food waste, brush, manure, leaves,
mulch, and compost.
The company will be responsible for developing onsite collection of organic waste so
as not to interfere with the collection of municipal solid waste (MSW).
Section 104 of the City Charter states that “The City of College Station shall have
the power by ordinance to grant any franchise or right mentioned in the preceding
sections hereof, which ordinance, however, shall not be passed finally until it shall
have been read at three (3) separate regular meetings of the City Council.”
Budget & Financial Summary: N/A
Reviewed and Approved by Legal: Yes
Attachments:
1. Franchise Ordinance
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
January 10, 2013
Regular Agenda Item No. 1
Rock Prairie Municipal Management District 1 (West)
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director of Planning & Development Services
Agenda Caption: Presentation, public hearing, possible action and discussion regarding
adoption of a Resolution of the City of College Station supporting Legislation to create the
“Rock Prairie Medical District Municipal Management District Number One”, the associated
draft legislation and the potential conditions of consent associated with the District
Relationship to Strategic Goals: Core Services and Infrastructure, Financially Sustainable
City, Diverse Growing Economy, and Improving Mobility
Recommendation: Staff recommends Council approve the Resolution as presented and
receive the preliminary list of consent conditions for later discussion (should the Council
forward the draft legislation and should the legislation be approved).
Summary: In October of 2012, the City Council approved an amendment of the City’s
Comprehensive Plan to include the College Station Medical District Master Plan. To realize
the Vision and economic development opportunities realized in the Master Plan, significant
barriers to development and successful plan implementation must be overcome. These
barriers include, but are not limited to lack of basic infrastructure (potable water, fire flow,
sanitary sewer, etc) to serve development in the area and lack of transportation capacity
(vehicular, pedestrian, etc) to meet the mobility needs present in the area and the lack of a
sufficient management structure to ensure the long-term success of the District.
The approved Master Plan identified a series of financial and management tools necessary to
overcome these barriers and to maximize the development potential of the area. A key tool
identified in the Master Plan is the use of Municipal Management Districts (MMD). Staff has
proposed the establishment of two MMD’s in the District. This request addresses MMD 1,
which encompasses the area west of the SH6/Rock Prairie Road Bridge and includes the two
hospitals located within the District. The emphasis of the MMD in this area will be on the
marketing and promotion of the District and limited service enhancements (landscaping,
maintenance of public works, etc) and limited improvement projects (signage, public works
enhancements, etc).
Funding of the activities of the MMD will come from proceeds raised via assessments and
other means as described in the proposed enabling legislation and as voted on by the MMD
Board.
At the December 13th
Council meeting, the Council conducted a public hearing and provided
direction to staff regarding the draft legislation and provided some indication of the types of
conditions they may wish to discuss further at the time they consider conditions on their
consent to join/form the MMD. All required notices to property owners, TCEQ, Brazos
County, and the Governor have been mailed and published so that if approved by Council,
the draft legislation may be filed in January.
68
Action on the Resolution and draft legislation is being requested. No action on the
preliminary list of consent conditions is being requested as they (and other potential
conditions) will be discussed at a later date should the legisl ation be approved.
Budget & Financial Summary: Approximately $105,000 to establish the two proposed
MMD’s (some portion of which may be reimbursable), Future Activities of the MMD are
funded by the members of the MMD with costs dependent upon selected MMD projects
Reviewed and Approved by Legal: Yes
Attachments:
1. MMD 1 Boundary Map and Legal Description
2. Resolution
3. Proposed Draft Enabling Legislation
4. Preliminary Consent Condition Consideration List
69
70
71
413627_3
By: ___________________ ___. B. No. _______
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Rock Prairie Management District No.
1; providing authority to levy an assessment and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local
Laws Code, is amended by adding Chapter 38__ to read as follows:
CHAPTER 38__. ROCK PRAIRIE MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 38__.001. DEFINITIONS. In this chapter:
(1) "Board" means the district’s board of directors.
(2) "City" means the City of College Station, Texas;
(3) "County" means Brazos County, Texas;
(4) "Director" means a board member.
(5) "District" means Rock Prairie Management District
No. 1.
Sec. 38__.002. NATURE OF DISTRICT. The district is a
special district created under Section 59, Article XVI, Texas
Constitution.
72
413627_3
Sec. 38__.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes
of Sections 52 and 52-a, Article III, and Section 59, Article
XVI, Texas Constitution, and other public purposes stated in
this chapter. By creating the district and in authorizing the
city, the county, and other political subdivisions to contract
with the district, the legislature has established a program to
accomplish the public purposes set out in Section 52-a, Article
III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not
be interpreted to relieve the city and the county from providing
the level of services provided as of the effective date of the
Act enacting this chapter to the area in the district. The
district is created to supplement and not to supplant city or
county services provided in the district.
Sec. 38__.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
73
413627_3
will benefit from the improvements and services to be provided
by the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution,
and other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare
of residents, employers, potential employees, employees,
visitors, and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality
of the district territory as a community and business center;
and
(3) promote the health, safety, welfare, and
enjoyment of the public by providing pedestrian ways and by
landscaping and developing certain areas in the district, which
are necessary for the restoration, preservation, and enhancement
of scenic beauty; and
74
413627_3
(4) provide for water, wastewater, drainage, road and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a
street or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 38 .005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2
of the Act enacting this chapter form a closure. A mistake in
the field notes or in copying the field notes in the legislative
process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment; or
(4) legality or operation.
75
413627_3
Sec. 38__.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 38__.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 38__.008. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
[Sections 38__.009 - 38__.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 38__.051. GOVERNING BODY; TERMS. (a) The district
is governed by a board of 11 voting directors who serve
staggered terms of four years, with 5 or 6 directors' terms
expiring June 1 of each odd-numbered year.
76
413627_3
(b) The city by resolution may change the number of voting
directors on the board, but only if the governing body of the
city determines that the change is in the best interest of the
district. The board may not consist of fewer than 7 or more
than 15 voting directors.
Sec. 38__.052. APPOINTMENT OF VOTING DIRECTORS. The mayor
and members of the governing body of the city shall appoint
voting directors. A person is appointed if a majority of the
members of the governing body, including the mayor, of the city
vote to appoint that person.
Sec. 38__.053. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No. Name of Director
1
2
3
4
5
6
7
8
9
10
11
77
413627_3
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 5 expire June 1, 2013, and the
terms of directors appointed for positions 6 through 11 expire
June 1, 2015.
(c) Section 38__.052 does not apply to the appointment of
directors under this section.
Sec. 38__.054. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 38__.055. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation
in a vote because of a conflict of interest; or
(3) a nonvoting director.
[Sections 38__.056 - 38__.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 38__.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 38__.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
78
413627_3
relocate, operate, maintain, or finance an improvement project
or service using any money available to the district, or
contract with a governmental or private entity to provide,
design, construct, acquire, improve, relocate, operate,
maintain, or finance an improvement project or service
authorized under this chapter or Chapter 375, Local Government
Code.
Sec. 38__.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise
the powers given to a development corporation under Chapter 505,
Local Government Code, including the power to own, operate,
acquire, construct, lease, improve, or maintain a project under
that chapter.
Sec. 38__.104. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation
to assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
79
413627_3
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall consist of some or all of the directors. Upon
approval by the City, the board may appoint other people to the
board of directors of the nonprofit corporation if in the best
interest of the district. The board of directors of the
nonprofit corporation shall serve in the same manner as the
board of directors of a local government corporation created
under Subchapter D, Chapter 431, Transportation Code, except
that a board member is not required to reside in the district.
Sec. 38__.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 38__.106. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified
party, including the county or the city, to provide law
enforcement services in the district for a fee.
Sec. 38__.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
80
413627_3
Sec. 38__.108. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 38__.109. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a
public purpose even if leased or operated by a private entity
for a term of years.
81
413627_3
(c) The district’s parking facilities are parts of and
necessary components of a street and are considered to be a
street or road improvement. The development and operation of
the district’s parking facilities may be considered an economic
development program.
Sec. 38__.110. ANNEXATION OF LAND. The district may annex
land as provided by Subchapter J, Chapter 49, Water Code.
Sec. 38__.111. APPROVAL BY THE CITY. (a) Except as
provided by Subsection (c), the district must obtain the
approval of the city for:
(1) the issuance of bonds;
(2) the plans and specifications of an improvement
project financed by bonds; and
(3) the plans and specifications of an improvement
project related to the use of land owned by the city, an
easement granted by the city or a right-of-way of a street, road
or highway.
(b) The approval contained under subsection (a)(1) must be
a resolution or ordinance of the governing body of the city.
The approval obtained under Subsection (a)(2) or (3) may be by
an administrative process that does not involve the city’s
governing body.
(c) If the district obtains the approval of the city’s
governing body of a capital improvements budget for a period not
82
413627_3
to exceed ten years, the district may finance the capital
improvements and issue bonds specified in the budget without
further approval from the city.
Sec. 38__.112. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
[Sections 38__.114 - 38__.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 38__.113. ASSESSMENT ABATEMENTS. The district may
designate reinvestment zones and may grant abatements of
district assessments on property within such zones.
Sec. 38__.152. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 38__.153. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or
maintain any improvement or service authorized under this
chapter or Chapter 375, Local Government Code, using any money
available to the district.
Sec. 38__.154. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not
finance a service or improvement project with assessments under
this chapter unless a written petition requesting that service
or improvement has been filed with the board.
83
413627_3
(b) A petition filed under Subsection (a) must be signed
by the owners of a majority of the assessed value of real
property in the district subject to assessment according to the
most recent certified tax appraisal roll for the county.
Sec. 38__.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for
any purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment
roll by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable
attorney's fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other
than a lien or claim for county, school district, or municipal
ad valorem taxes; and
(3) are the personal liability of and a charge
against the owners of the property even if the owners are not
named in the assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment
is paid. The board may enforce the lien in the same manner that
84
413627_3
the board may enforce an ad valorem tax lien against real
property.
(d) The board may make a correction to or deletion from
the assessment roll that does not increase the amount of
assessment of any parcel of land without providing notice and
holding a hearing in the manner required for additional
assessments.
Sec. 38-156. EXEMPTIONS. Organizations exempt from
federal income tax under Section 501(c)(3), Internal Revenue
Code of 1986, are not exempt from the payment assessments, and
Section 375.162, Local Government Code, does not apply to such
organizations.
Sec. 38-157. NO AD VALOREM TAXES. This district may
not impose ad valorem taxes.
[Sections 38__.158- 38__.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 38__.201. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money
on terms as determined by the board.
(b) The district may issue, without an election, bonds,
notes, or other obligations payable wholly or partly from
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of
money, to pay for any authorized district purpose.
85
413627_3
SECTION 2. Rock Prairie Management District No. 1
initially includes all territory contained in the following
area:
Sec. 38__.202. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the city is not required to pay a bond, note,
or other obligation of the district.
All that certain tract or parcel of land lying and being
situated in the Crawford Burnett league (abstract no. 7), Robert
Stevenson league (abstract no. 54) and Thomas Caruthers league
(abstract no. 9) in College Station, Brazos County, Texas,
generally being an area centered around the intersection of Rock
Prairie Road and State Highway no. 6, and the boundary being
more particularly described as follows:
Beginning at the intersection of the south right-of-way
line of Rock Prairie Road East (60 feet south of surveyed
centerline) and the east boundary of Block 7 of the Scott &
White Healthcare Subdivision (vol. 10179, pg. 50), being the
northeast corner of Lot 1, Block 7 of said subdivision, and from
where the City of College Station GPS control monument no. 9
bears S 82° 02’ 35” E – 7016.5 feet.
Thence along the east boundary lines of said Scott & White
subdivision as follows:
86
413627_3
S 2° 42’ 34” E – 1023.83 feet, S 50° 49’ 32” W –
930.60 feet, S 47° 37’ 11” E – 128.13 feet and S 41° 15’ 39” W –
1224.44 feet to the northeast right-of-way line of State Highway
no. 6;
Thence along the said highway northeast right-of-way lines
as follows:
S 34° 27’ 26” E – 55.00 feet, S 27° 43’ 31” E – 192.30
feet, S 36° 45’ 17” E – 383.87 feet and S 42° 27’ 25” E – 105.18
feet to a southeast line of that M.D. Wheeler, Ltd. 10.01 acre
Tract One (vol. 3007, pg. 341);
Thence along the southeast lines of said M.D. Wheeler Tract
One and the southwest lines of 71.52 acre Tract Two as follows:
N 41° 43’ 32” E – 194.25 feet, N 21° 27’ 46” E –
145.09 feet, S 46° 46’ 09” E – 304.24 feet and S 47° 42’ 33” E –
177.08 feet to the west corner of that IHD Properties, LLC 2.77
acre Tract One (vol. 10144, pg. 203);
Thence along the north, east and south lines of said IHD
Properties tract as follows:
N 72° 19’ 02” E – 202.14 feet, S 47° 42’ 56” E –
638.83 feet and S 42° 17’ 04” W – 175.00 feet to the northeast
common corner of the Harley Subdivision (vol. 3961, pg. 236) and
Cooper’s Subdivision (vol. 4708, pg. 230) in a southwest line of
said Wheeler Tract Two;
87
413627_3
Thence S 47° 42’ 16” E – 1053.70 feet along the northeast
line of said Cooper’s Subdivision and continuing along the
northeast line of the Barker Subdivision (vol. 5101, pg. 182) to
its east corner;
Thence S 38° 51’ 07” W – 279.95 feet along the southeast
line of said Barker Subdivision to its south corner in the
northeast line of State Highway no. 6, also being a west corner
of the City of College Station 46.60 acre tract (vol. 3310, pg.
321);
Thence crossing said highway and along its southwest right-
of-way lines as follows:
S 58° 32’ 52” W – 371.50 feet, N 49° 25’ 00” W –
238.23 feet, N 43° 42’ 22” W – 201.00 feet, N 49° 25’ 00” W –
1400.00 feet, N 46° 52’ 14” W – 413.20 feet, N 38° 34’ 52” W –
507.10 feet, N 32° 13’ 53” W – 534.28 feet, N 27° 56’ 32” W –
200.56 feet, N 32° 13’ 53” W – 400.00 feet, N 35° 05’ 29” W –
200.28 feet and N 82° 25’ 23” W – 78.10 feet to the westerly
north corner of Lot 1, Block 1 of Graham Corner Plaza (vol.
5878, pg. 129) in the southeast line of Graham Road;
Thence N 40° 30’ 48” W – 71.60 feet across Graham Road to
the east corner of the remainder of the Jack E. Winslow, Jr. 3.0
acre tract (vol. 2291, pg 140 and vol. 2835, pg. 180) in the
northwest line of Graham Road (vol. 2086, pg. 58);
88
413627_3
Thence N 32° 13’ 25” W – 311.17 feet, along the southwest
right-of-way line of State Highway no. 6, to the north corner of
the said Winslow 3.0 acre tract;
Thence N 43° 01’ 34” W – 187.16 feet, continuing along the
southwest highway right-of-way to its intersection with the
southeast right-of-way line of Birmingham Drive, at the north
corner of Lot 1, Block 2 of Belmont Place (vol. 816, pg. 681);
Thence S 56° 19’ 13” W – 882.77 feet, along the said
southeast line of Birmingham Drive, along the northwest line of
said Belmont Place (vol. 816, pg. 681), Belmont Place Section
Three (vol. 9485, pg. 231) and across Longmire Drive to the
westerly north corner of Lot 3, Block Four of Belmont Place
Section Three (vol. 8104, pg. 183);
Thence along the east, south and west lines of said Lot 3,
Block Four as follows:
S 76° 46’ 03” E – 34.73 feet, S 33° 37’ 31” E – 63.93
feet to the beginning of a tangent curve to the right with a
radius of 605.00 feet, along said curve through a central angle
of 13° 05’ 29” to the point of tangency, S 20° 32’ 02” E – 77.73
feet to the east corner of Lot 3, S 56° 19’ 13” W – 192.21 feet
and N 33° 40’ 47” W – 302.00 feet to the west corner of Lot 3 in
the southeast line of Birmingham Drive;
Thence along the southeast right-of-way lines of Birmingham
Drive (vol. 1024, pg. 826) as follows:
89
413627_3
S 56° 19’ 13” W – 578.30 feet to the beginning of a
tangent curve to the left with a radius of 379.78, along said
curve through a central angle of 8° 39’ 09” to the point of
tangency and S 47° 40’ 04” W – 248.52 feet to the northeast line
of the City of College Station 35.00 acre tract (vol. 692, pg.
506);
Thence along the northeast lines of the said City 35.00
acre tract as follows:
S 48° 01’ 03” E – 522.82 feet and S 46° 38’ 56” E –
421.66 feet to the northwest right-of-way of Graham Road (vol.
1955, pg. 245);
Thence along the said northwest right-of-way lines of
Graham Road as follows:
S 41° 33’ 01” W – 18.30 feet, S 42° 04’ 18” W – 521.46
feet and S 41° 03’ 13” W – 319.08 feet to the southwest line of
said 35.00 acre tract;
Thence N 47° 40’ 02” W – 1753.06 feet along the said
southwest line of the 35.00 acre tract to the west corner of
same in the common line of the F.M. and Olive Arnold 50 acre
tract (vol. 200, pg. 445) and the Texas Hotel Management
Corporation 17.215 acre tract (vol. 3665, pg. 248);
Thence along the said common Arnold and Texas Hotel lines
and continuing along the northwest lines of Arnold Road (vol.
5027, pg. 162) as follows:
90
413627_3
S 43° 02’ 52” W – 190.23 feet, S 42° 48’ 34” E – 37.00
feet, S 43° 06’ 26” W – 10.80 feet, N 42° 48’ 34” W – 37.00
feet, S 43° 06’ 26” W – 34.60 feet, S 65° 14’ 25” W – 160.32
feet, N 47° 33’ 07” W – 32.38 feet, S 63° 10’ 11” W – 180.26
feet, to the beginning of a tangent curve to the left with a
radius of 405.00 feet, along said curve through a central angle
of 17° 37’ 25” to the end of said curve, and S 55° 19’ 37” W –
5.32 feet to the east corner of the City of College Station 9.93
acre tract (vol. 448, pg. 230);
Thence along the south, west and north boundary of Brian
Bachmann Athletic Park (formerly Southwood Athletic Park) and
continuing along Rock Prairie Road as follows:
S 41° 59’ 07” W – 1027.13 feet along the northwest
line of Arnold Road and southeast lines of the said City 9.93
acre tract and the City 15.89 acre tract (vol. 448, pg. 232), N
43° 45’ 01” W – 1185.92 feet, along the southwest line of said
15.89 acre tract to the southeast right-of-way line of Rock
Prairie Road (80’ R.O.W. - vol. 779, pg. 571), N 51° 57’ 01” E –
1177.50 feet along said southeast line of Rock Prairie Road to
the beginning of a tangent curve to the right with a radius of
1006.62 feet in the southeast boundary of Southwood Terrace
Phase 3-C (vol. 523, pg. 431), along said curve through a
central angle of 8° 11’ 51” to the point of tangency, N 60° 08’
52” E – 1486.99 feet along the southeast boundary of Southwood
91
413627_3
Terrace Phase 3-B (vol. 579, pg. 380) and Phase 3-A (vol. 519,
pg. 378) to the beginning of a tangent curve to the right with a
radius of 960.00 feet, along said curve through a central angle
of 18° 38’ 31” to the point of tangency, N 78° 47’ 23” E – 14.90
feet and N 11° 12’ 37” W – 79.72 feet across Rock Prairie Road
to the southwest corner of the Remington Subdivision (vol. 1239,
pg. 219);
Thence along the west boundary lines of said Remington
Subdivision, the northwest boundary of Tract B, Ponderosa Place
Section Two (vol. 2680, pg. 321) and Longmire Place (vol. 3377,
pg. 155) and along the southwest boundary of Ponderosa Place
(vol. 490, pg. 169) as follows:
N 26° 55’ 04” W – 252.32 feet, N 17° 18’ 19” E –
259.07 feet, N 42° 34’ 17” E – 624.79 feet and N 40° 39’ 13” W –
796.43 feet to the west corner of Lot 4, Block 21 of Ponderosa
Place, in the southeast line of Ponderosa Road;
Thence N 49° 20’ 47” E – 1150.00 feet, along the southeast
right-of-way line of Ponderosa Road, to the north corner of Lot
1, Block 19 of Ponderosa Place, in the southwest right-of-way of
State Highway no. 6;
Thence along the said highway southwest right-of-way lines
as follows:
S 40° 39’ 13” E – 480.00 feet, S 32° 12’ 28” E –
185.04 feet, S 41° 13’ 02” E – 80.23 feet and S 17° 22’ 13” E –
92
413627_3
34.06 feet to the southeast line of Lot 1, Block 20 of Ponderosa
Place;
Thence N 78° 53’ 01” E – 493.32 feet, across State Highway
no. 6 to the west corner of Lot 2-B, Block One of Cornerstone
Commercial Section One (vol. 3922, pg. 282) in the southeast
right-of-way line of Woodcreek Drive;
Thence along the southeast right-of-way of Woodcreek Drive
as follows:
Along the arc of a curve to the right with a radius of
890.00 feet, through a central angle of 9° 52’ 07”, the chord of
which bears N 52° 46’ 54” E – 153.10 feet, N 57° 42’ 58” E –
318.00 feet to the beginning of a tangent curve to the left with
a radius of 835.00 feet, along said curve through a central
angle of 8° 00’ 00” to the north corner of Lot 1 (vol. 3283, pg.
201);
Thence along the northeast lines of Lot 1 and Lot 2-A of
said Cornerstone Commercial Section One as follows:
S 40° 17’ 03” E – 155.81 feet to the east common
corner of Lot 1 and Lot 2-A and the beginning of a tangent curve
to the right with a radius of 600.00 feet, along said arc
through a central angle of 16° 01’ 29” to the point of tangency,
and S 24° 15’ 34” E – 280.69 feet to the most easterly corner of
said Lot 2-A;
93
413627_3
Thence along the south boundary lines of Woodcreek Section
4 (vol. 1315, pg. 217), Section Six South (vol. 2109, pg. 199)
and Section Seven (vol. 2580, pg. 113), defining the north
boundary lines of the remainder of the Edward Jr. and Beatrice
Uvaceck tract (vol. 274, pg. 383 and vol. 321, pg. 664), as
follows:
N 24° 13’ 07” E – 555.17 feet, N 79° 45’ 53” E –
313.69 feet, S 48° 05’ 30” E – 216.00 feet, S 44° 28’ 03” E –
75.26 feet, S 28° 11’ 32” E – 108.12 feet, S 34° 34’ 23” E –
162.74 feet, S 39° 46’ 00” E – 149.62 feet, S 44° 34’ 42” E –
282.83 feet, N 24° 16’ 33” E – 134.65 feet and N 68° 52’ 20” E
– 230.83 feet to the northwest corner of the Riviera Addition
(vol. 6607, pg. 97);
Thence S 15° 28’ 15” E – 269.56 feet, along the west line
of said Riviera Addition, to the north right-of-way line of Rock
Prairie Road East (59.0 feet north of surveyed centerline);
Thence S 86° 27’ 34” E – 961.09 feet, along said north
right-of-way line, to its intersection with an extension of the
east boundary of Block 7 of the Scott & White Healthcare
Subdivision;
Thence S 2° 42’ 34” E – 120.04 feet, across Rock Prairie
Road, to the Point of Beginning and containing 437.07 acres of
land more or less.
94
413627_3
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be
furnished under Section 59, Article XVI, Texas Constitution, and
Chapter 313, Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has
filed its recommendations relating to this Act with the
governor, lieutenant governor, and speaker of the house of
representatives within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with
respect to the notice, introduction, and passage of this Act
have been fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
95
413627_3
house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, this Act takes effect September 1, 2013.
96
Preliminary Consent Condition Consideration List
The following are items that Council has identified that may warrant consideration as conditions of
granting consent for placement of properties into the Municipal Management District and to its
subsequent operation. This list is not exhaustive or binding, but is intended to maintain a record of the
preliminary items raised by Council.
• Fees and service taxes to be approved by City Council; in addition to all bond issuances already
requiring Council approval
• Council approval on MMD salaries
• Council approval of annual MMD budget
• All MMD meetings posted at City Hall, on the City’s website, and Board meetings occurring in
City Hall
• All Board meetings recorded (audio and video) and posted on the City’s website; similar to other
City meetings
97
January 10, 2013
Regular Agenda Item No. 2
Rock Prairie Municipal Management District 2 (East)
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director of Planning & Development Services
Agenda Caption: Presentation, public hearing, possible action and discussion regarding
adoption of a Resolution of the City of College Station supporting Legislation to create the
“Rock Prairie Medical District Municipal Management District Number Two”, the associated
draft legislation and the potential conditions of consent associated with the District
Relationship to Strategic Goals: Core Services and Infrastructure, Financially Sustainable
City, Diverse Growing Economy, and Improving Mobility
Recommendation: Staff recommends Council approve the Resolution as presented and
receive the preliminary list of consent conditions for later discussion (should the Council
forward the draft legislation and should the legislation be approved).
Summary: In October of 2012, the City Council approved an amendment of the City’s
Comprehensive Plan to include the College Station Medical District Master Plan. To realize
the Vision and economic development opportunities realized in the Master Plan, significant
barriers to development and successful plan implementation must be overcome. These
barriers include, but are not limited to lack of basic infrastructure (potable water, fire flow,
sanitary sewer, etc) to serve development in the area and lack of transportation capacity
(vehicular, pedestrian, etc) to meet the mobility needs present in the area and the lack of a
sufficient management structure to ensure the long-term success of the District.
The approved Master Plan identified a series of financial and management tools necessary to
overcome these barriers and to maximize the development potential of the area. A key tool
identified in the Master Plan is the use of Municipal Management Districts (MMD). Staff has
proposed the establishment of two MMD’s in the District. This request addresses MMD 2,
which encompasses the area east of the SH6/Rock Prairie Road Bridge and includes most of
the undeveloped properties located within the District. The emphasis of the MMD in this
area will be on complimenting the TIRZ in funding for select improvement projects as well
as the marketing and promotion of the District and limited service enhancements
(landscaping, maintenance of public works, etc) and limited improvement projects (signage,
public works enhancements, etc).
Funding of the activities of the MMD will come from proceeds raised via ad valorem taxes,
assessments and other means as described in the proposed enabling legislation and as
voted on by the residents of the MMD and the MMD Board.
At the December 13th
Council meeting, the Council conducted a public hearing and provided
direction to staff regarding the draft legislation and provided some indication of the types of
conditions they may wish to discuss further at the time they consider conditions on their
consent to join/form the MMD. All required notices to property owners, TCEQ, Brazos
County, and the Governor have been mailed and published so that if approved by Council,
the draft legislation may be filed in January.
98
Action on the Resolution and draft legislation is being requested. No action on the
preliminary list of consent conditions is being requested as they (and other potential
conditions) will be discussed at a later date should the legislation be approved.
Budget & Financial Summary: Approximately $105,000 to establish the two proposed
MMD’s (some portion of which may be reimbursable), Future Activities of the MMD are
funded by the members of the MMD with costs dependent upon selected MMD projects
Reviewed and Approved by Legal: Yes
Attachments:
1. MMD 2 Boundary Map and Legal Description
2. Resolution
3. Proposed Draft Enabling Legislation
4. Preliminary Consent Condition Consideration List
99
100
101
413628
By: ___________________ ___. B. No. _______
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Rock Prairie Management District No.
2; providing authority to levy an assessment, impose a tax, and
issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local
Laws Code, is amended by adding Chapter 38__ to read as follows:
CHAPTER 38__. ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 38__.001. DEFINITIONS. In this chapter:
(1) "Board" means the district’s board of directors.
(2) "City" means the City of College Station, Texas;
(3) "County" means Brazos County, Texas;
(4) "Director" means a board member.
(5) "District" means Rock Prairie Management District
No. 2.
315595
Sec. 38__.002. NATURE OF DISTRICT. The district is a
special district created under Section 59, Article XVI, Texas
Constitution.
Sec. 38__.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes
of Sections 52 and 52-a, Article III, and Section 59, Article
XVI, Texas Constitution, and other public purposes stated in
this chapter. By creating the district and in authorizing the
city, the county, and other political subdivisions to contract
with the district, the legislature has established a program to
accomplish the public purposes set out in Section 52-a, Article
III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not
be interpreted to relieve the city and the county from providing
the level of services provided as of the effective date of the
Act enacting this chapter to the area in the district. The
district is created to supplement and not to supplant city or
county services provided in the district.
315595
Sec. 38__.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided
by the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution,
and other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare
of residents, employers, potential employees, employees,
visitors, and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality
of the district territory as a community and business center;
and
(3) promote the health, safety, welfare, and
enjoyment of the public by providing pedestrian ways and by
315595
landscaping and developing certain areas in the district, which
are necessary for the restoration, preservation, and enhancement
of scenic beauty; and
(4) provide for water, wastewater, drainage, road and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a
street or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 38 .005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2
of the Act enacting this chapter form a closure. A mistake in
the field notes or in copying the field notes in the legislative
process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
315595
(3) right to impose or collect an assessment or tax;
or
(4) legality or operation.
Sec. 38__.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 38__.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 38__.008. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
[Sections 38__.009 - 38__.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
315595
Sec. 38__.051. GOVERNING BODY; TERMS. (a) The district
is governed by a board of 5 voting directors who serve staggered
terms of four years, with 2 or 3 directors' terms expiring June
1 of each odd-numbered year.
(b) The Board by resolution may change the number of
voting directors on the board, but only if the Board determines
that the change is in the best interest of the District and such
change is approved by the city. The board may not consist of
fewer than 5 or more than 15 voting directors.
Sec. 38__.052. APPOINTMENT OF VOTING DIRECTORS. The mayor
and members of the governing body of the city shall appoint
voting directors from persons recommended by the board. A
person is appointed if a majority of the members of the
governing body, including the mayor, of the city vote to appoint
that person.
Sec. 38__.053. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No. Name of Director
1
2
3
4
5
315595
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2013, and the
terms of directors appointed for positions 4 and 5 expire June
1, 2015.
(c) Section 38__.052 does not apply to the appointment of
directors under this section.
Sec. 38__.054. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 38__.055. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation
in a vote because of a conflict of interest; or
(3) a nonvoting director.
[Sections 38__.056 - 38__.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 38__.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 38__.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
315595
relocate, operate, maintain, or finance an improvement project
or service using any money available to the district, or
contract with a governmental or private entity to provide,
design, construct, acquire, improve, relocate, operate,
maintain, or finance an improvement project or service
authorized under this chapter or Chapter 375, Local Government
Code.
Sec. 38__.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise
the powers given to a development corporation under Chapter 505,
Local Government Code, including the power to own, operate,
acquire, construct, lease, improve, or maintain a project under
that chapter.
Sec. 38__.104. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation
to assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
315595
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall consist of some or all of the directors. Upon
approval by the City, the board may appoint other people to the
board of directors of the nonprofit corporation if in the best
interest of the district. The board of directors of the
nonprofit corporation shall serve in the same manner as the
board of directors of a local government corporation created
under Subchapter D, Chapter 431, Transportation Code, except
that a board member is not required to reside in the district.
Sec. 38__.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 38__.106. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified
party, including the county or the city, to provide law
enforcement services in the district for a fee.
Sec. 38__.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
315595
Sec. 38__.108. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 38__.109. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a
public purpose even if leased or operated by a private entity
for a term of years.
315595
(c) The district’s parking facilities are parts of and
necessary components of a street and are considered to be a
street or road improvement. The development and operation of
the district’s parking facilities may be considered an economic
development program.
Sec. 38__.110. ANNEXATION OF LAND. The district may annex
land as provided by Subchapter J, Chapter 49, Water Code.
Sec. 38__.111. APPROVAL BY THE CITY. (a) Except as
provided by Subsection (c), the district must obtain the
approval of the city for:
(1) the issuance of bonds;
(2) the plans and specifications of an improvement
project financed by bonds; and
(3) the plans and specifications of an improvement
project related to the use of land owned by the city, an
easement granted by the city or a right-of-way of a street, road
or highway.
(b) The approval contained under subsection (a)(1) must be
a resolution or ordinance of the governing body of the city.
The approval obtained under Subsection (a)(2) or (3) may be by
an administrative process that does not involve the city’s
governing body.
(c) If the district obtains the approval of the city’s
governing body of a capital improvements budget for a period not
315595
to exceed ten years, the district may finance the capital
improvements and issue bonds specified in the budget without
further approval from the city.
Sec. 38__.112. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
[Sections 38__.113 - 38__.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 38__.151. TAX AND ASSESSMENT ABATEMENTS. The
district may designate reinvestment zones and may grant
abatements of district taxes or assessments on property within
such zones.
Sec. 38__.152. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 38__.153. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or
maintain any improvement or service authorized under this
chapter or Chapter 375, Local Government Code, using any money
available to the district.
Sec. 38__.154. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not
finance a service or improvement project with assessments under
315595
this chapter unless a written petition requesting that service
or improvement has been filed with the board.
(b) A petition filed under Subsection (a) must be signed
by the owners of a majority of the assessed value of real
property in the district subject to assessment according to the
most recent certified tax appraisal roll for the county.
Sec. 38__.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for
any purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment
roll by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable
attorney's fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other
than a lien or claim for county, school district, or municipal
ad valorem taxes; and
(3) are the personal liability of and a charge
against the owners of the property even if the owners are not
named in the assessment proceedings.
315595
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment
is paid. The board may enforce the lien in the same manner that
the board may enforce an ad valorem tax lien against real
property.
(d) The board may make a correction to or deletion from
the assessment roll that does not increase the amount of
assessment of any parcel of land without providing notice and
holding a hearing in the manner required for additional
assessments.
Sec. 38-156. EXEMPTIONS. Organizations exempt from
federal income tax under Section 501(c)(3), Internal Revenue
Code of 1986, are not exempt from the payment assessments, and
Section 375.162, Local Government Code, does not apply to such
organizations.
[Sections 38__.157 - 38__.200 reserved for expansion]
SUBCHAPTER E. TAXES AND BONDS
Sec. 38__.201. ELECTIONS REGARDING TAXES AND BONDS. (a)
The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 38__.203.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
315595
obtain voter approval before the district may impose an ad
valorem tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may
be submitted as a single proposition or as several propositions
to be voted on at the election.
Sec. 38__.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 38__.201, the district
may impose an operation and maintenance tax on taxable property
in the district in accordance with Section 49.107, Water Code,
for any district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may
not exceed the rate approved at the election.
Sec. 38__.203. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other
than an operation and maintenance tax and use the revenue
derived from the tax to make payments under a contract after the
315595
provisions of the contract have been approved by a majority of
the district voters voting at an election held for that purpose.
(b) A contract approved by the district voters may contain
a provision stating that the contract may be modified or amended
by the board without further voter approval.
Sec. 38__.204. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money
on terms as determined by the board.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of
money, to pay for any authorized district purpose.
Sec. 38__.205. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct annual ad valorem tax, without limit as to rate or
amount, for each year that all or part of the bonds are
outstanding as required and in the manner provided by Sections
54.601 and 54.602, Water Code.
Sec. 38__.206. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the city is not required to pay a bond, note,
or other obligation of the district.
315595
SECTION 2. Rock Prairie Management District No. 2
initially includes all territory contained in the following
area:
All that certain tract or parcel of land lying and being
situated in the Thomas Caruthers league (abstract no. 9) and
Robert Stevenson league (abstract no. 54) in College Station,
Brazos County, Texas, generally being the area between State
Highway no. 6 and Rock Prairie Road East, from Medical Avenue to
William D. Fitch Parkway, save and except all of Lot 1, Rock
Prairie Baptist Church (vol. 7312, pg. 207) lying south of the
south right-of-way of Rock Prairie Road East, and the boundary
being more particularly described as follows:
Beginning at the intersection of the south right-of-way
line of Rock Prairie Road East (60 feet south of surveyed
centerline) and the east boundary of Block 7 of the Scott &
White Healthcare Subdivision (vol. 10179, pg. 50), being the
northeast corner of Lot 1, Block 7 of said subdivision, and from
where City of College Station GPS control monument no. 9 bears S
82° 02’ 35” E – 7016.5 feet.
Thence N 2 ° 42’ 34” W – 120.04 feet along an extension of
the said east boundary line of Block 7, to a point in the north
right-of-way line of Rock Prairie Road East;
315595
Thence along the north right-of-way lines of Rock Prairie
Road East (59.0 feet north of the surveyed centerline) as
follows:
S 86° 27’ 34” E – 1771.13 feet, S 85° 02’ 05” E –
1228.54 feet and S 84° 23’ 02” E – 10.29 feet to a right-of-way
offset point in the common line of the Dale and Reba Conrad
26.25 acre tract (vol. 460, pg. 505) and the Flying Ace Ranch,
Ltd. 26.245 acre tract (vol. 3767, pg. 237);
Thence S 24° 22’ 52” W – 1.58 feet along said common tract
line to another offset point in the north right-of-way line of
Rock Prairie Road East;
Thence along the north right-of-way lines of Rock Prairie
Road East (57.5 feet north of the surveyed centerline) as
follows:
S 84° 23’ 02” E – 606.93 feet, S 82° 02’ 02” E –
1453.40 feet, S 77° 01’ 02” E – 1052.59 feet, S 76° 28’ 02” E –
2876.58 feet, S 69° 53’ 32” E - 2812.30 feet to the beginning of
a tangent curve to the right with a radius of 1057.50 feet,
along said curve through a central angle of 11° 43’ 34” to a
point in the old northeast prescriptive right-of-way fenceline,
and S 69° 17’ 50” E – 269.35 feet along said fenceline to the
southeast line of the Hartzell Elkins 35.37 acre tract (vol.
1920, pg. 323) and northwest line of William D. Fitch Parkway;
Thence across Rock Prairie Road East as follows:
315595
S 42° 32’ 30” W – 32.00 feet to the south corner of
said Elkins tract, called to be in the centerline of the road, S
19° 52’ 04” W – 36.01 feet to the east corner of the College
Station Independent School District 44.535 acre tract (vol.
8413, pg. 291) at the old right-of-way fence corner post, and S
41° 51’ 48” W – 170.08 feet along the southeast line of said
C.S.I.S.D. tract and northwest line of Fitch Parkway to its
intersection with the south right-of-way chamfer of Rock Prairie
Road East;
Thence along the south right-of-way lines of Rock Prairie
Road East (57.5 feet south of the surveyed centerline) as
follows:
N 5° 38’ 11” W – 67.56 feet, N 53° 08’ 10” W – 112.88
feet to the beginning of a tangent curve to the left with a
radius of 942.50 feet, along said curve through a central angle
of 16° 45’ 22” to the point of tangency, and N 69° 53’ 32” W –
551.37 feet to the common line of said C.S.I.S.D. tract and the
Brazos Valley Solid Waste Management Agency, Inc. 76.00 acre
Tract II (vol. 9857, pg. 186);
Thence S 41° 51’ 48” W – 1842.68 feet along said common
tract line to its southwest end in a northeast line of the
B.V.S.W.M.A. 179.99 acre Tract I;
315595
Thence S 48° 05’ 47” E – 941.57 feet, along the common line
of said Tract I and the C.S.I.S.D. tract to their common corner
in the northwest right-of-way of William D. Fitch Parkway;
Thence S 41° 51’ 48” W – 1425.30 feet, along said northwest
right-of-way line, to the south corner of the said B.V.S.W.M.A.
Tract I;
Thence S 41° 51’ 48” W – 1066.80 feet, continuing along
said northwest right-of-way line of William D. Fitch Parkway, to
the east common corner of the City of College Station 140.29
acre Tract One (vol. 3900, pg. 188) and Spring Meadows Phase I
(vol. 5106, pg. 284);
Thence along the southern boundaries of multiple City of
College Station tracts (vol. 3900, pgs. 188 & 223, vol. 5056,
pg. 43) as follows:
N 73° 00’ 00” W – 496.40 feet, S 51° 00’ 00” W –
175.05 feet, N 76° 00’ 00” W – 200.00 feet, S 41° 51’ 44” W –
51.88 feet, N 70° 46’ 00” W – 157.10 feet, S 41° 51’ 44” W –
262.67 feet, N 82° 55’ 43” W – 700.87 feet, S 41° 52’ 26” W –
650.00, N 48° 08’ 02” W – 412.47 feet, S 66° 47’ 54” W – 827.57
feet, N 47° 45’ 25” W – 129.90 feet, S 28° 59’ 29” W – 2.01
feet, S 41° 48’ 43” W – 336.13 feet, S 48° 45’ 08” E – 440.00
feet and S 53° 00’00” W – 1304.90 feet to the northeast right-
of-way line of State Highway no. 6;
315595
Thence along the northeast right-of-way lines of said
highway as follows:
N 49° 25’ 00” W – 438.00 feet, N 55° 07’ 38” W –
201.00 feet, N 49° 25’ 00” W – 751.78 feet to the west corner of
the City of College Station 36.9 acre tract (vol. 4329, pg.
134), and N 49° 25’ 00” W – 1025.93 feet to the south corner of
Barron Park Subdivision (vol. 939, pg. 209);
Thence along the southeast, northeast and northwest lines
of Lots 1 and 2 of said Barron Park Subdivision as follows:
S 41° 09’ 46” E – 1353.16 feet, N 49° 12’ 46” W –
88.68 feet to the south corner of the City of College Station
100.64 acre tract (vol. 6927, pg. 226), N 54° 07’ 24” W – 291.11
feet, N 64° 27’ 21” W – 117.03 feet, N 54° 53’ 54” W – 24.95
feet, N 53° 19’ 32” W – 113.87 feet, N 49° 26’ 59” W – 190.11
feet and S 41° 09’ 38” W – 1286.04 feet to the common corner of
said Lot 2 and Lot 3 in the northeast right-of-way line of State
Highway no. 6;
Thence along the said northeast right-of-way lines of said
highway as follows:
N 47° 46’ 18” W – 537.86 feet to the southwest common
corner of Lot 3 of said Barron Park Subdivision and that City of
College Station 46.60 acre tract (vol. 3310, pg. 321), N 47° 46’
48” W – 65.34 feet, N 55° 07’ 37” W – 201.00 feet, N 49° 25’ 00”
W – 600.00 feet and N 44° 08’ 33” W – 147.79 feet to the
315595
southwest common corner of said 46.60 acre tract and the Barker
Subdivision (vol. 5101, pg. 182);
Thence N 38° 51’ 07” E – 279.95 feet along the southeast
line of said Barker Subdivision to its east corner;
Thence N 47° 42’ 16” W – 1053.70 feet along the northeast
line of said Barker Subdivision and continuing along the
northeast line of Cooper’s Subdivision (vol. 4708, pg. 230) to
its north corner, also being the east corner of the Harley
Subdivision (vol. 3961, pg. 236) and the south corner of that
IHD Properties, LLC 2.77 acre Tract One (vol. 10144, pg. 203);
Thence along the south, east and north lines of said IHD
Properties tract as follows:
N 42° 17’ 04” E – 175.00 feet, N 47° 42’ 56” W –
638.83 feet and S 72° 19’ 02” W – 202.14 feet to the northeast
line of said Harley Subdivision and a southwest line of that
M.D. Wheeler, Ltd. 71.52 acre Tract Two (vol. 3007, pg. 341);
Thence along the southwest lines of said Wheeler Tract Two
and continuing along the southeast lines of the Wheeler 10.01
acre Tract One as follows:
N 47° 42’ 33” W – 177.08 feet, N 46° 46’ 09” W –
304.24 feet, S 21° 27’ 46” W – 145.09 feet and S 41° 43’ 32” W –
194.25 feet, returning to the northeast right-of-way line of
State Highway no. 6;
315595
Thence along the said highway northeast right-of-way lines
as follows:
N 42° 27’ 25” W – 105.18 feet, N 36° 45’ 17” W –
383.87 feet, N 27° 43’ 31” W – 192.30 feet and N 34° 27’ 26” W –
55.00 feet to the southeast line of Block 4 of the said Scott &
White Healthcare Subdivision;
Thence along the east boundary lines of said Scott & White
subdivision as follows:
N 41° 15’ 39” E – 1224.44 feet, N 47° 37’ 11” W –
128.13 feet, N 50° 49’ 32” E – 930.60 feet and N 2° 42’ 34” W –
1023.83 feet to the Point of Beginning and containing 1308.51
acres of land more or less.
SAVE and EXCEPT the following tract:
Beginning at the intersection of the south right-of-way
line of Rock Prairie Road East (57.5 feet south of the surveyed
centerline) and the west line of Lot 1 of Rock Prairie Baptist
Church (vol. 7312, pg. 207), from where City of College Station
GPS control monument no. 9 bears S 78° 01’ 24” E – 3240.0 feet.
Thence S 82° 02’ 02” E – 414.05 feet along said south
right-of-way line, parallel and 7.50 feet south of the north
line of said Lot 1, to its intersection with the east line of
said Lot 1;
Thence S 20° 22’ 54” E – 600.82 feet along the east line of
Lot 1 to its southeast corner;
315595
Thence N 82° 02’ 02” W – 699.33 feet along the south line
of Lot 1 to its southwest corner;
Thence N 7° 57’ 58” E – 528.77 feet along the west line of
Lot 1 to the Point of Beginning and containing 6.76 acres of
land more or less.
Leaving a net acreage for this described tract of 1301.76
acres more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be
furnished under Section 59, Article XVI, Texas Constitution, and
Chapter 313, Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has
filed its recommendations relating to this Act with the
governor, lieutenant governor, and speaker of the house of
representatives within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
315595
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with
respect to the notice, introduction, and passage of this Act
have been fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, this Act takes effect September 1, 2013.
Preliminary Consent Condition Consideration List
The following are items that Council has identified that may warrant consideration as conditions of
granting consent for placement of properties into the Municipal Management District and to its
subsequent operation. This list is not exhaustive or binding, but is intended to maintain a record of the
preliminary items raised by Council.
• Fees and service taxes to be approved by City Council; in addition to all bond issuances already
requiring Council approval
• Council approval on MMD salaries
• Council approval of annual MMD budget
• All MMD meetings posted at City Hall, on the City’s website, and Board meetings occurring in
City Hall
• All Board meetings recorded (audio and video) and posted on the City’s website; similar to other
City meetings
104
January 10, 2013
Regular Agenda Item No. 3
ABHR Engagement Letter
To: David Neeley, City Manager
From: Carla Robinson, City Attorney
Agenda Caption: Presentation, possible action, and discussion regarding approval of an
engagement letter between the City of College Station and Allen Boone Humphries
Robinson, LLP in the amount of $105,000 to provide services to the City in connection with
the creation of two municipal management districts related to the Medical District and
authorizing the City Manager to execute the engagement letter on behalf of the City
Council.
Relationship to Strategic Goals:
1. Financially Sustainable City
2. Core Services and Infrastructure
3. Diverse Growing Economy
Recommendation(s): Staff recommends approval of the engagement letter and
authorization for the City Manager to execute the contract.
Summary: Should the City Council decide to proceed with the creation of Municipal
Management District No. 1 (MMD1) and Municipal Management District No. 2 (MMD2),
several steps will be required to establish the Districts. These steps include drafting the
legislation creating the districts; coordinating testimony at legislative hearings; working with
legislators, their staff, the Texas Legislative Council, House and Senate Committees and the
Governor to pass and sign the legislation; preparing and filing or publishing all required
notices to the public, the County, the Governor, and the Texas Commission on
Environmental Quality (TCEQ); and attending meetings of property owners and interested
parties regarding the Districts’ creation. Allen Boone Humphries Robinson LLP, a law firm
located in Houston, Texas, has a practice devoted solely to public law and finance and has
extensive experience obtaining special legislation creating a number of municipal
management districts state wide. The scope of engagement with the City includes the
services outlined above. The flat fee for the provision of these services for the creation of
MMD1 and MMD2 is a total of $105,000. The engagement letter also provides that the City
may, if it desires, request additional services at its option for an hourly rate. Should the
City Council decide not to proceed with the special legislation the City will be responsible for
paying a pro rata portion of the fee for the work already performed.
Budget & Financial Summary: It is anticipated that all or a portion of these costs may be
reimbursed by the MMDs when development agreements are negotiated and executed.
Until then, these expenses are proposed to be paid out of the Economic Development Fund.
The budget appropriation for this expenditure will be included on the first budget
amendment.
Reviewed and Approved by Legal: Yes
Attachments: Available at the meeting.
105
January 10, 2013
Regular Agenda Item No. 4
Public Hearing and Consideration of Budget Amendment #1
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director, Business Services
Agenda Caption: Public Hearing, presentation, possible action, and discussion on
an ordinance Budget Amendment #1 amending ordinance number 3443 which will
amend the budget for the 2012-2013 Fiscal Year in the amount of $2,070,602.
Recommendation(s): Staff recommends the City Council hold the public hearing
on Budget Amendment #1 and approve the budget amendment ordinance.
Summary: The proposed budget amendment is to increase the appropriations for
the items listed below by $2,070,602. The charter of the City of College Station
provides for the City Council to amend the annual budget in the event there are
revenues available to cover increased expenditures and after holding a public hearing
on such budget amendment. A number of items have been identified that need to be
considered in a budget amendment. Attached is a list of the items in the proposed
budget amendment.
Budget & Financial Summary: The City has resources or can reasonably expect
resources to cover each of the appropriations in this budget amendment. The
attached list has the complete description of the items included in the proposed
budget amendment.
Attachments:
1. Budget Amendment #1 Detail List,
2. Ordinance
106
FY13 Budget Amendment #1 Detail Listing
1
The proposed budget amendment is to increase the appropriations for the items listed below by $2,070,602.
1. Brazos Valley Bowl presented by Blinn College - $25,000 (Budget Amendment)
This item will appropriate budget in the Hotel Tax Fund for expenses directly related to the 2012
National Junior College Athletic Association (NJCAA) Football Bowl Game held in Bryan/College Station
on December 1, 2012. The authorization of the expenditure of these funds for this purpose was
approved by Council on December 8, 2011, and Council subsequently approved a funding agreement
with the Brazos Valley Bowl Association on November 19, 2012. The event was held December 1, 2012,
and funds for this item were expended from the Hotel Tax Fund balance.
2. Assistance to Firefighters Grant - $7,816 (Budget Amendment)
The Fire Department has been awarded the Assistance to Firefighters Grant Program– Fire Prevention
and Safety Grant in the amount of $7,816 with a matching requirement of $1,954. These grants are
awarded to governmental organizations that are recognized for their experience and expertise with
respect to fire prevention or firefighter safety programs and activities. These funds will be used for the
purchase of equipment and supplies for the Fire Department. This item will appropriate the budget in
the Fire Department budget for the expenditures. The grant funds received will offset the expenditures.
3. Economic Development Funding for new districts – $105,000 (Budget Amendment)
This item will appropriate budget in the Economic Development fund for the legal expenses associated
with the creation of two Municipal Management Districts (MMD) related to the Medical District. It is
anticipated that all or a portion of these costs may be reimbursed by the MMDs when development
agreements are negotiated and executed. Until then, these expenses are proposed to be paid out of the
Economic Development Fund.
4. Replacement of Vehicle #4187 – $44,000 (Budget Amendment)
This item will appropriate budget in the Equipment Replacement Fund for the replacement of a wrecked
Police Department vehicle that was not originally scheduled for replacement in FY13.
5. One-time Budget Distribution - $577,516 (Budget Amendment)
On December 18, 2012, the City Council approved a proposal to share a portion of budgetary savings
from the FY2012 budget with employees through a one-time budget savings distribution. At that time it
was indicated that a budget amendment would be necessary to provide the budget appropriation for
this item. Resources have been identified and are available in the various applicable operating funds for
this expenditure.
6. Encumbrance Roll - $1,311,270 (Budget Amendment)
Several expenditures were not completed in FY2012 due to timing issues. These purchases were
budgeted and encumbered in FY2012, but were not received until FY2013. The General Fund purchases
include $100,169 for the Brazos Transit grant, Fire Station 6 equipment, as well as funds for various
professional service and maintenance commitments. Other funds include: $22,692 for the Economic
Development Master Plan; $66,500 for Hotel Tax Fund commitments; $34,116 for the security cameras
project in the Northgate Parking Fund; $933,525 for Electric Fund switch station and entergy tie-in;
$139,000 for an ambulance purchase in the Equipment Replacement Fund; and $15,268 in engineering
services in the Drainage Utility Fund. The encumbrance roll increases the budget appropriation in each
on the appropriate funds.
107
108
January 10, 2013
Regular Agenda Item No. 5
3800 State Highway 6 South
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, discussion, and possible action regarding an
amendment to Chapter 12, “Unified Development Ordinance”, Section 4.2, “Official Zoning
Map” of the Code of Ordinances of the City of College Station, Texas by rezoning 1.24 acres
located at 3800 State Highway 6 South from CI Commercial Industrial to GC General
Commercial.
Relationship to Strategic Goals: Diverse Growing Economy
Recommendation(s): The Planning and Zoning Commission considered this item at their
December 6, 2012 meeting and voted 6-0 to recommend approval of the rezoning request.
Staff also recommended approval of the request.
Summary: The Unified Development Ordinance provides the following review criteria for
zoning map amendments:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The subject property is designated as
General Commercial on the Comprehensive Plan Future Land Use and Character Map.
The proposed rezoning is consistent with this designation in addition to the land use
designations surrounding the subject tract which include General Commercial and
Business Park.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The proposed rezoning will enable the
development of commercial uses, such as Personal Service Shops, closest to State
Highway 6 and will be consistent with the zoning and land uses of properties to the
north and south. The back portion of the property will maintain the existing CI
Commercial Industrial zoning, which is consistent with the property and land use to the
west.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The
proposed land uses permitted through the rezoning are well suited for this site, given its
proximity to State Highway 6 and also to the adjacent commercial and light industrial
uses.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The
current CI Commercial Industrial zoning district is better suited at the back of the
property, due to the presence of State Highway 6 and its associated high level of activity
at the front portion of the property.
109
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
The existing zoning of CI Commercial Industrial makes the property less marketable
than it would be as GC General Commercial. The subject property is also located
between an existing commercial site and a vacant property zoned for commercial uses.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: There are existing 6- and
12-inch water mains serving this property. There is also an existing 8-inch sanitary
sewer line which currently provides service to the site. Drainage is mainly to the north
within the Bee Creek Drainage Basin. Access to the site is available via State Highway 6
or Pinon Drive. Existing infrastructure appears to be adequate for the proposed use.
Budget & Financial Summary: N/A
Reviewed and Approved by Legal: Yes
Attachments:
1. Background Information
2. Aerial & Small Area Map (SAM)
3. Draft Planning & Zoning Commission Minutes – December 6, 2012
4. Ordinance
110
BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: December 6, 2012
Advertised Council Hearing Dates: January 10, 2013
The following neighborhood organizations that are registered with the City of College
Station’s Neighborhood Services have received a courtesy letter of notification of this public
hearing:
None
Property owner notices mailed: Seven.
Contacts in support: None at the time of this report.
Contacts in opposition: None at the time of this report.
Inquiry contacts: None at the time of this report.
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North (Across
Pinon Drive) General Commercial GC General
Commercial Hotel
South General Commercial GC General
Commercial Offices
East (Across State
Highway 6) Suburban Commercial GC General
Commercial Place of Worship
West Business Park CI Commercial
Industrial Vacant
DEVELOPMENT HISTORY
Annexation: February 1971 and October 1980
Zoning: A-O Agricultural-Open upon annexation
C-1 General Commercial in March 1974
C-2 Commercial Industrial in May 1987
Final Plat: Ponderosa Place, 1979
Replat in April 2008
Site development: The property contains three buildings currently being used for
warehouses and retail sales
111
112
113
December 6, 2012 P&Z Regular Meeting Minutes Page 1 of 2
PLANNING & ZONING COMMISSION
DRAFT MINUTES
Regular Meeting
December 6, 2012, 7:00 p.m.
City Hall Council Chambers
College Station, Texas
COMMISSIONERS PRESENT: Mike Ashfield, Jodi Warner, Jim Ross, Bo Miles, Vergel
Gay, Brad Corrier
COMMISSIONERS ABSENT: Jerome Rektorik
CITY COUNCIL MEMBERS PRESENT: Jess Fields
CITY STAFF PRESENT: Bob Cowell, Lance Simms, Jennifer Prochazka, Jason Schubert,
Morgan Hester, Erika Bridges, Joe Guerra, Adam Falco, Jordan Wood, and Brittany Caldwell
1.
Chairman Ashfield called the meeting to order at 7:00 p.m.
Call Meeting to Order
6. Public hearing, presentation, discussion, and possible action regarding a zoning
amendment request from CI Commercial Industrial to GC General Commercial for
approximately 1.2 acres on Lot 1R, Block 20 of the Ponderosa Place Subdivision located
at 3800 State Highway 6 South. Case # 12-00500236 (T. Rogers) (Note: Final action
on this item is scheduled for the Thursday, January 10, 2013 City Council Meeting –
subject to change.)
Regular Agenda
Staff Planner Rogers presented the rezoning and recommended approval.
There was general discussion amongst the Commission and Staff regarding the rezoning.
Commissioner Miles asked why only the front portion of the building was being rezoned.
Jason Seal, Clarke and Wyndham, stated that the reason the applicant is requesting to
rezone the front portion of the property is because of the configuration of the building;
the back of the building is configured for industrial uses and the front of the building is
configured for retail uses.
Chairman Ashfield opened the public hearing.
No one spoke during the public hearing.
Chairman Ashfield closed the public hearing.
114
December 6, 2012 P&Z Regular Meeting Minutes Page 2 of 2
Commissioner Warner motioned to approve the rezoning. Commissioner Gay
seconded the motion, motion passed (6-0).
8. Adjourn.
The meeting was adjourned at 7:10 p.m.
115
116
117
118
January 10, 2013
Regular Agenda Item No. 6
Airport Zoning Reference Ordinance Amendment
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action and discussion regarding an
ordinance amending Chapter 12 “Unified Development Ordinance”, Article 2 “Development
Review Bodies” and Article 5 “District Purpose Statements and Supplemental Standards”, of
the Code of Ordinance of the City of College Station related to referencing the Easterwood
Field Airport Zoning Ordinance and eliminating a duplicate Section in Article 5.
Relationship to Strategic Goals: Sustainable City
Recommendation: The Planning & Zoning Commission recommended approval (4-0) of
the proposed ordinance at their December 20, 2012 meeting. Staff also recommends
approval.
Summary: In 1983, a revised Easterwood Field Airport Zoning Ordinance was adopted by
the Easterwood Field Joint Airport Zoning Board to protect the air space surrounding
Easterwood Airport from growth and development in the general vicinity. The main purpose
is to limit the height of objects from projecting into its air space and limiting the operations
and functionality of the airport. Height limitations are based on the location of the property
in relation to the airport and its runways. Height is measured by combining the ground
elevation (above mean sea level) with the height of the proposed structure. Therefore, no
specific maximum building height is described as it is coupled with ground elevation. Over
the years, the ordinance has had limited application due to a lack of development around
the airport. This amendment proposes to provide references regarding airport zoning in the
Unified Development Ordinance (UDO) to increase awareness of its requirements as
development opportunities have increased with the BioCorridor and Northgate Districts.
Supplementary notes are being added to reference possible height limitations in each of the
UDO dimensional standards tables (Section 12-5.2 “Residential Dimensional Standards”,
Section 12-5.4 “Non-Residential Dimensional Standards”, Section 12-5.6 “Retired
Dimensional Standards”, and Section 12-5.9 “Design District Dimensional Standards”). In
addition, the Zoning Board of Adjustment (ZBA) is identified as the body authorized to
decide airport zoning variances and the Administrator to administer and enforce the
regulations. Also, Section 12-5.3 “Non-Residential Zoning Districts” is deleted and replaced
as was intended with the ordinance that adopted the new non-residential zoning districts
(Ordinance 2012-3450) and the remaining sections of Article 5 are renumbered accordingly.
Budget & Financial Summary: N/A
Reviewed and Approved by Legal: Yes
Attachments:
1. Ordinance
119
120
121
122
123
124
125
126
January 10, 2013
Regular Agenda Item No. 7
Twin City Endowment Board Appointment
To: David Neeley, City Manager
From: City Secretary’s Office
Agenda Caption: Presentation, possible action, and discussion regarding an appointment
to the Twin City Endowment Board of Directors.
Staff Recommendation: Staff recommends that Council appoint an individual with a
background in investment banking, law, or business.
Summary: The Twin City Endowment is a 501 c (6) entity with the purpose of providing
economic development incentives to prospective development, though recent activity has
been limited to providing an annual contribution to the Research Valley Partnership to help
offset their administrative and overhead costs.
While the organization is wholly independent from each of the Cities of College Station and
Bryan, Brazos County, Texas A&M University and the BCS Chamber of Commerce, each of
those bodies appoints one member each to the Board of Directors. Each Board Member is
appointed for a three year term and may not serve more than two consecutive terms per
the Corporation’s bi-laws. The appointee must be a resident of the city which appoints
them and may not be an elected officer or employee of College Station or Bryan, the
county, or the Chamber of Commerce. The Board currently meets quarterly in large part to
manage the Corporation’s assets.
The current College Station appointee is Mr. Wayne Rife, who recently informed the city that
he had moved outside of the city limits creating the current vacancy.
Budget & Financial Summary: None
Attachments: None
127
January 10, 2013
Regular Agenda Item No. 8
Nomination to the Brazos Valley Groundwater
Conservation District Board
To: David Neeley, City Manager
From: David Coleman, Director Water Services Department
Agenda Caption: Presentation, possible action, and discussion regarding an appointment
to the Brazos Valley Groundwater Conservation District Board of Directors, subject to
confirmation by the Brazos County Commissioners Court.
Relationship to Strategic Goals: Core Services and Infrastructure & Sustainable City
Recommendation: Staff recommends approval of the Resolution.
Summary: Mr. Steve Beachy is presently serving as the College Station representative on
the Board of Directors of the Brazos Valley Groundwater Conservation District. As shown in
the attached letter, Mr. Beachy has tendered his resignation, effective January 31, 2013.
The new member must be nominated by the City to fill Mr. Beachy’s term, which expires on
December 31, 2014. As required by House Bill 1784, section 2.11(3), the City’s nominee
must be confirmed by the Brazos County Commissioners Court.
Staff recommends that Mr. Bill Harris be nominated – he is the former Director of the Texas
Water Resources Institute at Texas A&M, and is a recognized expert in the field of water
resources. He is well versed in the importance of groundwater issues to the City, has
proven over many years to use sound judgment and to always be fair minded, and will be
dedicated to represent the best interests of College Station and our water needs. Mr. Harris
has indicated his willingness to accept this nomination, if City Council so decides.
For these reasons, Staff recommends approval of the Resolution that will nominate Mr.
Harris to the groundwater District Board.
Budget & Financial Summary: Not applicable.
Reviewed and Approved by Legal: Yes
Attachments:
Resignation letter
Resolution
128
December l3r20l2
Judge Duane Peters
Brazos County
200 South Texas Avenue
Suite 332
Bryan, TX 77803
Dear Judge Peters, ,,
,,
I am submitting my resignation as a member of the Brazos Yalley Groundwater Conservation
District Board effective January 31r 2013. I appreciate your con{idence in me to serve on this
important Board. However, my family must come lirst at this point and I must step aside
from these duties.
The District has made significant progress over the past few years. It has a strong and
competent staff; good administrative plans, policies and proceduresl and excellent financial
standing. There remain many important tasks to accomplish in the future. Strong leadership
and the continued support' of the Commissioners Court are essential for their timely
completion to the benelit of the citizens of the District
It has been an honor to have served in this capacity representing the citizens of Brazos
County. Thank you for your time, service and support through the years.
College Station, Texas 77840
(979) 693-5147
copy:MayorNancy Berry
Stephen C. Beachy
1101 Neal Pickett
129
RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPOINTING MR. BILL HARRIS AS THE CITY’S REPRESENTATIVE TO THE BRAZOS VALLEY GROUNDWATER CONSERVATION DISTRICT BOARD OF DIRECTORS.
WHEREAS, The City Council of the City of College Station strives through its Vision
Statements to provide high quality, customer focused basic city services at a reasonable
cost, including effective water services; and
WHEREAS, The City Council of the City of College Station adopted, as part of the
Comprehensive Plan, Utility Goal #1 that states "College Station should continue to
provide the quantity and quality of utilities needed to assure public health, safety, and
accommodation of growth"; and
WHEREAS, House Bill 1784, section 2.11(d) establishes one seat on the Brazos Valley
Groundwater Conservation District Board to be a representative of the City of College
Station, which must be appointed by the City Council and approved by the Brazos
County Commissioners Court; and
WHEREAS, Mr. Steve Beachy, the City’s current representative on the Brazos Valley
Groundwater Conservation District Board, is resigning and a new representative must be
appointed; and
WHEREAS, The City Council is confident that Mr. Harris will fairly and accurately represent the interests of College Station and all municipalities and water users within the Brazos Valley District, and the City Council pledges that Mr. Harris will give adequate time and resources to fulfill every obligation and duty of Board membership; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby agrees that membership on the Brazos Valley Groundwater Conservation District Board is essential in meeting the City’s Utility Goals. PART 2: That the City Council hereby accepts Mr. Steve Beachy’s resignation, effective January 11, 2013, and hereby appoints Mr. Bill Harris as the City’s representative to fill the voting member position representing the City of College Station with the Brazos Valley Groundwater Conservation District Board of Directors, effective January 12, 2013. PART 3: That this Resolution shall take effect immediately. PART 4: That the City Council hereby requests the Brazos County Commissioners Court approve this appointment.
130
ADOPTED this ____ day of January, A.D. 2013.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
City Attorney
131