HomeMy WebLinkAbout08/22/2013 - Regular Agenda Packet - City CouncilTable of Contents
Agenda 3
Consent No. 2a - Minutes
Cover Sheet Rev 7
Workshop 8
Regular 13
Joint Meeting 17
Consent No. 2b - Ordering General Election (Solicitando
Elecciones Generales)
Coversheet Rev 19
Ordinance (English)20
Ordinance (Spanish)24
Consent No. 2c - ILA with Brazos County for Election Services
(Acuerdo Interlocal con el Condado de Brazos para los
Servicios de Elecciones)
Coversheet Rev 29
ILA (English)30
ILA (Spanish)33
Consent No. 2d - Railroad Crossing Agreement with Union
Pacific Railroad
Coversheet Rev 36
RR Permit Locations 37
Consent No. 2e - Brazos Valley Wide Area Communications
System (BVWACS) ILA - Renewal
Coversheet Rev 38
BVWACS Resolution 39
BVWACS ILA 41
Consent No. 2f - Brazos Valley Council of Governments ILA -
Renewal
Coversheet Rev 98
BVWACS_BVCOG Resolution 99
BVWACS_BVCOG ILA 101
Consent No. 2g - A Resolution Approving Parks and Recreation
Department User Fees Game Day Car and RV Parking
Coversheet Rev 117
1 - CSTX RV Camping Form WA Tarrow 8-9-
2013_clean 118
2 - CSTX RV Camping Policies WA Tarrow 8-9-
2013_clean 119
3 - Signed Resolution Setting Fees 123
Consent No. 2h - Ratify Emergency Water Line Repairs
Coversheet Rev 124
Proposal 125
Consent No. 2i - Exemption for Wellborn Wheeling ILA
Coversheet Rev 126
Consent No. 2j - Professional Audit Services Renewal
1
Coversheet Rev 127
Signed Renewal #4 128
Consent No. 2k - Bryan/College Station Chamber of Commerce
Funding Agreement
Cover Sheet Rev 129
Consent No. 2L - Auto & Truck Paint & Body Repair Contract
Renewal
Cover Sheet Rev 130
Renewal Agreement 131
Consent No. 2m - Renewal of Annual Price Agreement for Type
D Hot Mix Asphalt Installed
Cover Sheet Rev 134
Renewal Agreement 135
Consent No. 2n - Loading Zone on University Drive at College
Main
Cover Sheet Rev 136
Ordinance 137
Map 141
Regular No. 1 - Public Hearing for FY2013-2014 Proposed
Budget
Cover Sheet REV 142
Regular No. 2 - Public Hearing for The Barracks II Rezoning
Background Information 143
Photos 144
P&Z Minutes 146
Rezoning Map 148
Concept Plan 149
Ordinance 150
2
Mayor Council members
Nancy Berry Blanche Brick
Mayor Pro Tem Jess Fields
Karl Mooney John Nichols
Interim City Manager Julie M. Schultz
Kathy Merrill James Benham
Agenda
College Station City Council
Regular Meeting
Thursday, August 22, 2013 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted
Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should
be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer
alarm will sound after 2 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, Council or 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:
• August 8, 2013 Workshop
• August 8, 2013 Regular Council Meeting
• August 13, 2013 Joint Meeting with CSISD
b. Presentation, possible action, and discussion on an ordinance authorizing a General Election to be held on
November 5, 2013, for the purpose of electing a Mayor and a City Councilmember, Place 2, by the qualified
voters of the City of College Station, establishing early voting locations, polling places for this election and
making provisions for conducting the election. Presentación, posible acción y discusión sobre una
ordenanza autorizando Elecciones Generales para celebrarse el 5 de noviembre de 2013, con el propósito de
elegir a un Alcalde y a un Miembre del Consejo, Puesto número 2, por medio de los votantes calificados de
City Council Regular Meeting Page 2
Thursday, August 22, 2013
la Ciudad de College Station, estableciendo los puestos de votaciones tempranas, los centros de votaciones
para estas elecciones e indicando las estipulaciones para dirigir las elecciones.
c. Presentation, possible action and discussion on an interlocal government agreement with Brazos County for
the conduct and management of the City of College Station General Election that will be held on Tuesday,
November 5, 2013. Presentación, posible acción y discusión de un acuerdo gubernamental interlocal con el
Condado de Brazos para dirigir y administrar las Elecciones Generales de la Ciudad de College Station que
se celebrarán el martes 5 de noviembre de 2013.
d. Presentation, possible action and discussion regarding approval of four Railroad Crossing Agreements with
Union Pacific Railroad for the installation of electric conduits at three locations under the railroad tracks at
Wellborn and Patricia, Louise, Maple and an overhead crossing at Wellborn and F&B Road for a one-time
licensee and administration fee of $70,300 for all agreements and locations.
e. Presentation, possible action, and discussion regarding approval of a resolution adopting the first
restatement of the interlocal agreement with the City of Bryan, City of Brenham, Brazos County,
Washington County, and Texas A&M University to provide for the construction, acquisition,
implementation, operation, and maintenance of the Brazos Valley Wide Area Communications System
(BVWACS).
f. Presentation, possible action, and discussion regarding approval of the resolution of the interlocal agreement
with the City of Bryan, City of Brenham, Brazos County, Washington County, Texas A&M University, and
Brazos Valley Council of Governments; designating the Brazos Valley Council of Governments as the
Managing Entity for the Brazos Valley Wide Area Communications System (BVWACS).
g. Presentation, possible action, and discussion regarding approval of a resolution for Parks and Recreation
Department User Fees for single car and self contained RV camping at W.A. Tarrow Park parking lot.
h. Presentation, possible action, and discussion regarding ratification of construction contract 13-369 with
Elliott Construction to repair the 24-inch water line at Dartmouth and FM-2818 in the amount of $140,704.
i. Presentation, possible action, and discussion regarding approval for City Manager to expend up to $75,000
in FY-13 under the Wellborn SUD Wheeling ILA.
j. Presentation, possible action, and discussion regarding the renewal of contract 09-268 between the City of
College Station and Ingram, Wallis & Co., P.C. in the amount of $95,000.00 for the purposes of
Professional Auditing Services for the fiscal year ending on September 30, 2013.
k. Presentation, possible action and discussion on approving the Hotel Tax Fund funding agreement between
the City of College Station and the Bryan/College Station Chamber of Commerce for FY13 totaling
$25,000, and approving the budget for the Bryan/College Station Chamber of Commerce related to the
Hotel Tax funding.
l. Presentation, possible action and discussion regarding the renewal of service contract 11-307 with Cal’s
Body Shop for annual automobile and truck paint and body repairs in an amount not to exceed $60,000.00.
m. Presentation, possible action and discussion regarding the renewal of Contract 12-254 with Brazos Paving
Inc. for the Purchase and Installation of Type D Hot Mix Asphalt in the amount of $944,200.00.
August 22, 2013
City Council Consent Agenda Item No. 2a
City Council Minutes
To: Kathy Merrill, Interim City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion of minutes for:
• August 8, 2013 Workshop
• August 8, 2013 Regular Council Meeting
• August 13, 2013 Joint Meeting with CSISD
Attachments:
• August 8, 2013 Workshop
• August 8, 2013 Regular Council Meeting
• August 13, 2013 Joint Meeting with CSISD
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WKSHP080813Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
AUGUST 8, 2013
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor , absent
Council:
Blanche Brick, absent
Jess Fields
Karl Mooney
John Nichols
Julie Schultz
James Benham, absent
City Staff:
Kathy Merrill, Interim City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
1.
Call to Order and Announce a Quorum is Present
With a quorum present, the Workshop of the College Station City Council was called to order by
Mayor Pro Tem Mooney at 4:31 p.m. on Thursday, August 8, 2013 in the Council Chambers of
the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
2.
Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney,
§551.072-Real Estate, and §551.074-Personnel, the College Station City Council convened into
Executive Session at 4:31 p.m. on Thursday, august 8, 2013 in order to continue discussing
matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to
wit:
• College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023.
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WKSHP080813Minutes Page 2
• 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
• Cause No. 12-002918-CV-361; Tom Jagielski v. City of College Station; In the 361 st Judicial
District Court, Brazos County, Texas
• Robyn Taylor, individually and as next friend of Faith Taylor, a minor child v. Lincoln
Recreation Center, Cause No. 13-001244-CV-361, in the 361st District Court, Brazos
County, Texas
B. Consultation with Attorney to seek advice; to wit:
• Legal advice regarding acquisition of property located generally on the east side of State
Highway 6 in the vicinity of Barron Road in College Station.
C. Deliberation on the purchase, exchange, lease or value of real property; to wit:
• Property located generally on the east side of State Highway 6 in the vicinity of Barron
Road in College Station.
• Property located generally near the northeast intersection of University Drive and Lodge
Street in College Station.
D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
• City Manager
The Executive Session adjourned at 5:43 p.m.
3.
Take action, if any, on Executive Session.
No action was required from Executive Session.
4.
Presentation, possible action, and discussion on items listed on the consent agenda.
Items 2c, 2d, 2f, and 2g were pulled for discussion.
2c: Chuck Gilman, Director of Capital Projects, explained the change order was broken into two
pieces for an environmental study and to take recommendations from the study to create a 30%
set of plans.
2d: Chuck Gilman, Director of Capital Projects, clarified the bid and why it came in higher than
the estimate. Jeff Kersten, Executive Director of Fiscal Services, reported on the City’s
investments in past capital improvements for Veterans Park.
2f: Chuck Gilman, Director of Capital Projects, confirmed this item is only due to special
circumstances. This study is for a traffic management plan.
2g: Dave Coleman, Director of Water Services, explained this will enable the City to have
future expansion in this area with very little infrastructure costs.
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WKSHP080813Minutes Page 3
2m: Councilmember Fields thanked Debbie Eller for her assistance.
5.
Presentation, possible action, and discussion on the FY 2013-2014 Proposed Budget.
Jeff Kersten, Executive Director of Fiscal Services, presented an overview of the proposed
FY2013-2014 Budget. The total proposed net budget is $255,408,261 with $215,769,002 for
operations and maintenance, and $39,639,259 for capital projects. This is an increase over last
year’s budget of just under 1%. Several key budget points were noted: the City is moving
forward after several years of reductions and realignment of the organization; the City has
experienced continued economic recovery resulting in strong new property values and sales tax
revenue increases; and the City has seen continued growth in major areas, such as higher
education, the Medical District, the Bio Corridor, healthcare, the Northgate/University Drive
Corridor, and housing. There are also new opportunities for additional growth with agreements
for preferred facilities access at TAMU facilities. We are planning for new power supply
opportunities. Providing competitive and sustainable pay and benefits is another key component
of the budget. All this, while at the same time, the City is maintaining priority service levels,
enhancing certain priority service levels, and continuing to invest in capital infrastructure for a
growing community in both new and existing infrastructure.
The Council is faced with several significant policy decisions, including the selection of a new
City Manager, the creation of two new Municipal Management Districts in the Medical District,
and consideration of planning for a 2015 General Obligation Bond Election for Infrastructure
Projects.
A continued economic recovery is evidenced by a 4.82% increase in property values, with
certified values at a little over $6.2 billion. Staff is recommending the effective tax rate of
42.5958 cents per $100 valuation. This is lower than the current tax rate of 43.0687 cents. This
will provide funding for debt service (19.3053 cents) and operations and maintenance (23.2905
cents). Sales tax continues to be strong, and the FY13 sales tax is projected to be higher than
forecast. The growth rate for FY14 is 2.6%, indicating a stronger economy.
Council was reminded of the organizational restructuring and streamlining that has occurred in
the recent past. Over the last four years, the budget has been reduced by $7.6 million and 53.75
positions were eliminated in FY11-13. Resources were shifted, and Public Safety was increased
by 45 positions from FY09-13.
This proposed budget includes competitive and sustainable pay and benefits to attract and retain
a well qualified workforce. The budget proposes a 3% pay increase and to continue with the
Police Step Plan, and Fire and Electric Plans. Health insurance and TMRS retirement will be
maintained. Priority service levels will be maintained, and in some instances, increased. The
City will continue to invest in its capital infrastructure.
The base budget will fund our current service levels. It maintains the current service levels, but
not all needs are addressed. Service level increases can be found in additional Public Safety
resources and in Streets and Transportation. Staff is recommending the adoption of the effective
tax rate (42.5958 cents) and a commercial sanitation rate increase. No electric, water,
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wastewater, or drainage rate increases are proposed. Additional projects may be funded if
additional resources are realized, such as through the sale of property.
Workshops to discuss the budget in detail are scheduled for August 19 and 20. If needed, an
additional workshop may be held on August 21. A Public Hearing is scheduled for August 22,
with the budget and tax rate scheduled to be adopted on September 12.
No action was required.
6.
Presentation, possible action, and discussion regarding the results of a Wastewater
Master Plan Update for the Northgate area.
Dave Coleman, Director of Water Services, stated they had launched an update on the
Wastewater Master Plan. Excess capacity exists for currently planned developments and
assumes Campus Pointe will be served by TAMU. At the present growth rate, improvements
must start in FY16. The Hensel Park Lift Station, which serves all of Northgate, will need to be
expanded for a build-out capacity of 2,800 gpm. The Northeast Trunkline spans from Northgate
to CCWWTP. The trunkline currently has an adequate capacity for recent/anticipated
development projects, but with additional loading from the Northgate area, the line will
eventually need to be upsized. Modeling scenarios also identified that Culpepper Street and
Cooner Street sewer lines need to be upsized. Both upgrades are ongoing projects; Culpepper
with the ACC Development, and Cooner with the CDBG project.
No action was required.
Mayor Pro Tem Mooney recessed the workshop at 7:01.
At 8:05 the workshop reconvened.
7. Council Calendar
August 13 Joint Meeting with CS Council and CSISD at CSISD
Transportation Center, 6:00 p.m.
August 14 CSISD - New Teacher Luncheon at Pebble Creek Country Club,
12:00 p.m.
August 14 Reception Honoring Newly Appointed Douglas Borchardt -
President of Blinn College Board of Trustees at RVP, 4:00 p.m.
August 15 P &Z Workshop/Meeting in Council Chambers at 6:00 p.m. (Jess
Fields, Liaison - Julie Schultz will substitute)
August 19 City Council Budget Workshop Meeting at CSU Meeting Training
Facility - Assembly Room - 1603 Graham Road, 4:00 p.m.
August 20 City Council Budget Workshop Meeting at CSU Meeting Training
Facility - Assembly Room - 1603 Graham Road, 4:00 p.m.
August 21 RVP Board Meeting at RVP, 3:00 p.m.
August 21 City Council Budget Workshop Meeting at CSU Meeting Training
Facility - Assembly Room - 1603 Graham Road, 4:00 p.m.
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August 22 Executive Session/Workshop/Regular Meeting at 4:30, 6:00 & 7:00
p.m.
Council reviewed the calendar.
8.
Presentation, possible action, and discussion on future agenda items: a Councilmember
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.
Councilmember Nichols requested a discussion on the strategic vision for HOT funds.
9.
Discussion, review and possible action regarding the following meetings: Animal Shelter
Board, Arts Council of Brazos Valley, Arts Council Sub-committee, Audit Committee,
Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments,
Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos
Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget
and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee,
Convention & Visitors Bureau, Design Review Board, Economic Development Committee,
Gigabit Broadband Initiative, Historic Preservation Committee, Interfaith Dialogue
Association, Intergovernmental Committee, Joint Relief Funding Review Committee,
Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and
Recreation Board, Planning and Zoning Commission, Research Valley Partnership,
Research Valley Technology Council, Regional Transportation Committee for Council of
Governments, Transportation and Mobility Committee, TAMU Student Senate, Texas
Municipal League, Twin City Endowment, Youth Advisory Council, Zoning Board of
Adjustments.
Councilmember Nichols reported on the transportation sub-committee.
10.
Adjournment
MOTION: There being no further business, Mayor Pro Tem Mooney adjourned the workshop
of the College Station City Council at 8:12 p.m. on Thursday, August 8, 2013.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
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RM080813 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
AUGUST 8, 2013
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor, absent
Council:
Blanche Brick, absent
Jess Fields
Karl Mooney
John Nichols
Julie Schultz
James Benham, absent
City Staff:
Kathy Merrill, Interim City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
Call to Order and Announce a Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called to
order by Mayor Pro Tem Mooney at 7:01 p.m. on Thursday, August 8, 2013 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
.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Schultz, the City Council voted four (4) for and none (0) opposed, to approve Mayor Berry’s and
Councilmembers Benham’s and Brick’s Absence Requests. The motion carried unanimously.
Citizen Comments
There were no citizen comments.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
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RM080813 Minutes Page 2
• July 25, 2013 Workshop
• July 25 2013 Regular Council Meeting
2b.
Presentation, possible action, and discussion regarding moving the October 10, 2013
Regular Meeting date to Monday, October 7, 2013.
2c.
Presentation, possible action, and discussion regarding change order #1 to the
professional services contract with HDR Engineering, Inc. in the amount of $105,427.80 for
the University Drive Pedestrian Improvements Phase 2 Preliminary Engineering Report
(PER).
2d.
Presentation, possible action and discussion regarding construction contract 13-267 in
the amount of $3,929,599.12 to Dudley Construction Ltd for the construction of synthetic
turf athletic fields at Veterans Park.
2e.
Presentation, possible action and discussion regarding an ILA with Texas A&M
University to split the cost of a consultant contract to perform a traffic study to update the
City’s Go With the Green plan.
2f.
Presentation, possible action and discussion regarding a consultant contract with
Freese and Nichols to conduct a Texas A&M home football game traffic study and update
the City’s Go With the Green plan. The cost of the consultant contract is $99,223, with
one-half of the contract amount being paid to the City by Texas A&M University pursuant
to an ILA.
2g.
Presentation, possible action, and discussion action to consider amended version #3 of
the Inter-Local Agreement with Texas A&M, to provide sewer service to each other’s
facilities in various locations.
2h.
Presentation, possible action, and discussion concerning the City Internal Auditor’s
Fire Department Asset Management Audit.
2i.
Presentation, possible action, and discussion regarding approval of the first renewal of
copying and printing services price agreements. The estimated annual expenditures related
to copying and printing services are to be renewed as follows: Tops Printing $40,000; Copy
Corner $40,000; Office Depot $20,000; Cerqa $20,000.
2j.
Presentation, possible action, and discussion on calling a public hearing on the City of
College Station FY 2013-2014 Proposed Budget for Thursday August 22, 2013 at 7:00 PM
in the City Hall Council Chambers.
2k.
Presentation, possible action and discussion on a bid award for the purchase of various
pad-mounted distribution transformers to be maintained in inventory to KBS, $81,350.00
and Priester-Mell & Nicholson, $30,893.00, for a total of $112,243.00.
2l. Presentation, possible action, and discussion regarding approval of Resolution 08-08-
13-2l, that will authorize City staff to negotiate for the purchase of an easement needed for
the Thirty Inch (30”) Transmission Line Reinstallation Project (the “Project”).
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RM080813 Minutes Page 3
2m.
Presentation, possible action, and discussion regarding Resolution 08-08-13-2m, for
the proposed Community Development FY 2014 (PY 2013) Action Plan and Budget.
Items 2d and 2m were pulled for a separate vote.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Nichols, the City Council voted four (0) for and none (0) opposed, to approve the Consent
Agenda, less items 2d and 2m. The motion carried unanimously.
(2d)MOTION: Upon a motion made by Councilmember Nichols and a second by
Councilmember Schultz, the City Council voted three (3) for and one (1) opposed, with
Councilmember Fields voting against, to approve construction contract 13-267 in the amount of
$3,929,599.12 to Dudley Construction Ltd for the construction of synthetic turf athletic fields at
Veterans Park. The motion carried.
(2m)MOTION: Upon a motion made by Councilmember Schultz and a second by
Councilmember Nichols, the City Council voted three (3) for and one (1) opposed, with
Councilmember Fields voting against, to adopt Resolution 08-08-13-2m for the proposed
Community Development FY 2014 (PY 2013) Action Plan and Budget. The motion carried.
REGULAR AGENDA
1.
Public Hearing, presentation, possible action, and discussion approving Ordinance
2013-3511, vacating and abandoning a 5,077-square foot public utility easement and a 624-
square foot public utility easement on Lots 5R-1 and 7, Block 1 of the Graham Corner
Plaza Subdivision according to the plat recorded in Volume 9326, Page 216 of the Deed
Records of Brazos County, Texas.
At approximately 7:12 p.m., Mayor Pro Tem Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:12 p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Schultz, the City Council voted four (4) for and none (0) opposed, to adopt Ordinance 2013-
3511, vacating and abandoning a 5,077-square foot public utility easement and a 624-square foot
public utility easement on Lots 5R-1 and 7, Block 1 of the Graham Corner Plaza Subdivision
according to the plat recorded in Volume 9326, Page 216 of the Deed Records of Brazos County,
Texas. The motion carried unanimously.
2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2013-
3512, amending Chapter 12, “Unified Development Ordinance”, Section 4.2, “Official
Zoning Map” of the Code of Ordinances of the City of College Station, Texas by 75.07
acres located in Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County,
Texas, recorded in Volume 6985, Page 42, of the Official Records of Brazos County, Texas,
more generally located south of William D. Fitch between Barron Road and Victoria
Avenue from R-1 Single-Family Residential and A-O Agricultural Open to PDD Planned
Development District.
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At approximately 7:19 p.m., Mayor Pro Tem Mooney opened the Public Hearing.
Arthur Langrish, 4201 Colchester Court, presented a letter signed by thirteen residents agreeing
with the content of his letter, along with a map, see attached. They are opposed to the re-zoning
request as presented. They are requesting a buffer zone if the PDD zoning is granted.
Natalie Ruiz, 511 University Drive, owner’s representative, said they wanted to do something a
little bit different, but compatible with Castlegate. Residents within 200 feet of the development
were notified, and she met with some of those residents. The PDD is identical to Castlegate.
Brent Garner, 4203 Colchester Court, asked if the homes would be like the student housing
owned by the developer further up the road, or would they be single-family homes.
There being no further comments, the Public Hearing was closed at 7:41p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Schultz, the City Council voted four (4) for and none (0) opposed, to adopt Ordinance 2013-
3512, amending Chapter 12, “Unified Development Ordinance”, Section 4.2, “Official Zoning
Map” of the Code of Ordinances of the City of College Station, Texas by 75.07 acres located in
Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, recorded in
Volume 6985, Page 42, of the Official Records of Brazos County, Texas, more generally located
south of William D. Fitch between Barron Road and Victoria Avenue from R-1 Single-Family
Residential and A-O Agricultural Open to PDD Planned Development District, as presented.
The motion carried unanimously.
3.
Adjournment.
MOTION: There being no further business, Mayor Pro Tem Mooney adjourned the Regular
Meeting of the City Council at 8:04 p.m. on Thursday, August 8, 2013.
________________________
Nancy Berry, Mayor
ATTEST:
___________________________
Sherry Mashburn, City Secretary
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MINUTES OF THE JOINT MEETING WITH
THE CITY OF COLLEGE STATION CITY COUNCIL
AND THE COLLEGE STATION I.S.D. BOARD
AUGUST 13, 2013
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Council Present:
School Board Present
Karl Mooney, Mayor Pro Tem Valerie Jochen, President
Jess Fields Paul Dorsett, Vice President
John Nichols Jeff Harris, Secretary
Julie Schultz Carol Barrett
Kimberly McAdams
Randall Pitcock
Garland Watson
City Staff:
Kathy Merrill, Interim City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
1.
Call to Order and Announce a Quorum is Present
With quorums present, the College Station City Council and College Station I.S.D. Board were
called to order by Mayor Pro Tem Karl Mooney and President Valerie Jochen, respectively, at
6:32 p.m. on Tuesday, August 13, 2013 in the CSISD Transportation Center, 9304 Rock Prairie
Road, College Station, Texas 77845.
2.
Consideration, discussion and possible action related to a November 5, 2013 CSISD
Bond Proposal and possible projects to be considered in that Bond Proposal.
Dr. Coulson, CSISD Superintendent, provided some basic information on the proposed bond
election. A key question is what do we need to do in College Station in terms of planning for
growth. A bond proposal will be brought before school board within the next week or so. The
reality is that the district is growing by 3%-4% each year. We will need a ninth elementary
school in the near future. The proposal will include this new school, plus renovations and
upgrades for existing facilities for about $12 million. Upgrades, including security upgrades, to
CSHS are proposed in the amount of $3.9 million. Additional projects, such as land acquisition,
additional school buses, and a new school to house an alternative high school are also included in
the proposal. They are proposing $83.5 million for the total bond package. There will be a tax
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JM081313 Minutes Page 2
rate impact to debt service in the neighborhood of 7 or 8 cents. The district may only tax what
bonds have been approved and has to stay within the 50 cent statutory limit.
Dr. Coulson reported that the Board discussed the natatorium as late as last night. The estimated
cost is $30 million. There would be a net loss to the district of $300,000 on the maintenance and
operations. If they were to decide to build a pool, then there would be $30 million on top of the
$83 million bond proposal presented earlier.
3.
Consideration, discussion and possible action related to the purchase of College Station
Conference Center by CSISD.
This item was not discussed.
4.
Consideration, discussion and possible action related to agreements between the City
and College Station ISD, including, but not limited to, Kids Klub and School Resource
Officers.
Dr.Coulson reported the District is moving forward to taking over Kids Klub completely. An
amended ILA will be coming before Council to document the transition. They have hired a
community director. As for the school resource officers, the District partners with the City for
four officers. In the past, the financial split has been 50/50. However, the District recently
agreed to a three-year ILA with the District paying 75%.
5.
Adjournment
MOTION: There being no further business, the Joint Meeting with the College Station I.S.D.
Board was adjourned at 7:44 p.m. on Tuesday, August 13, 2013.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
18
August 22, 2013
Fecha: el 22 de agosto de 2013
City Council Consent Agenda Item No. 2b
Acuerdo del Orden del Día del Consejo de la Ciudad
Ordering General Election
Solicitando Elecciones Generales
To (Para): Mayor and Council (el Alcalde y el Consejo)
cc: Kathy Merrill, Interim City Manager (Gerente Interina de la Ciudad)
From (De): Sherry Mashburn, City Secretary (Secretaria de la Ciudad)
Agenda Caption (Título del Orden del Día): Presentation, possible action, and discussion
on an ordinance authorizing a General Election to be held on November 5, 2013, for the purpose
of electing a Mayor and a City Councilmember, Place 2, by the qualified voters of the City of
College Station, establishing early voting locations, polling places for this election and making
provisions for conducting the election. Presentación, posible acción y discusión sobre una
ordenanza autorizando Elecciones Generales para celebrarse el 5 de noviembre de 2013, con el
propósito de elegir a un Alcalde y a un Miembre del Consejo, Puesto número 2, por medio de los
votantes calificados de la Ciudad de College Station, estableciendo los puestos de votaciones
tempranas, los centros de votaciones para estas elecciones e indicando las estipulaciones para
dirigir las elecciones.
Recommendation (Recomendación): Approve as presented to the City Council. Aprobar
después de ser presentado al Consejo de la Ciudad.
Summary (Resumen): The ordinance calls a general election to be held on November 5, 2013
and provides a possible run-off date of December 10, 2013. La ordenanza convoca a elecciones
generales para celebrarse el 5 de noviembre de 2013 y proporciona una fecha posible de
segunda vuelta para el 10 de diciembre de 2013.
Budget & Financial Summary (Presupuesto y Resumen Financiero): The Brazos County
Clerk provided a conservative estimate of $65,000 for this year’s election. The cost will be split
among the entities on the ballot. This does not include the cost to publish the Notice of Election.
The Notice must be published in English and Spanish and must appear in The Eagle and La Voz.
El Oficial del Condado de Brazos proporcionó un presupuesto conservador de $65,000 para las
elecciones de este año. El costo se repartirá entre las entidades presentes en la boleta. Esto no
incluye el costo de publicar la Notificación de las Elecciones. La Notificación deberá publicarse
en inglés y en español y deberá aparecer en los periódicos The Eagle y La Voz.
Attachments (Documento adjunto):
• Ordinance (Ordenanza)
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August 22, 2013
Fecha: el día 22 de agosto de 2013
City Council Consent Agenda Item No. 2c
Orden Del Día del Consejo de la Ciudad Punto No. 2c
ILA with Brazos County for Election Services
Acuerdo Interlocal con el Condado de Brazos para los Servicios de Elecciones
To (Para): Kathy Merrill, Interim City Manager (Gerente Interina de la Ciudad)
From (De): Sherry Mashburn, City Secretary (Secretaria de la Ciudad)
Agenda Caption (Título del Orden del Día): Presentation, possible action and discussion on an
interlocal government agreement with Brazos County for the conduct and management of the
City of College Station General Election that will be held on Tuesday, November 5, 2013.
Presentación, posible acción y discusión de un acuerdo gubernamental interlocal con el
Condado de Brazos para dirigir y administrar las Elecciones Generales de la Ciudad de College
Station que se celebrarán el martes 5 de noviembre de 2013.
Summary (Resumen): A General Election will be held on November 5, 2013 for the purpose of
electing a Mayor, and a City Councilmember, Place 2. Se celebrarán Elecciones Generales el 5
de noviembre de 2013 con el propósito de elegir a un Alcalde y a un Miembro del Consejo,
Puesto número 2.
Budget & Financial Summary (Presupuesto y Resumen Financiero): The Brazos County
Clerk provided a conservative estimate of $65,000 for this year’s election. The cost will be split
among the entities on the ballot. This does not include the cost to publish the Notice of Election.
The Notice must be published in English and Spanish and must appear in The Eagle and La Voz.
El Oficial del Condado de Brazos proporcionó un presupuesto conservador de $65,000 para las
elecciones de este año. El costo se repartirá entre las entidades presentes en la boleta. Esto no
incluye el costo de publicar la Notificación de las Elecciones. La Notificación deberá publicarse
en inglés y en español y deberá aparecer en los periódicos The Eagle y La Voz.
· Attachments (Documento adjunto):Interlocal Agreement with Brazos County (Acuerdo
Interlocal con el Condado de Brazos) **Legal has reviewed and approved. (Legal ha
examinado y aprobado)
PDF created with pdfFactory Pro trial version www.pdffactory.com29
INTERLOCAL GOVERNMENT AGREEMENT
Joint Election
This agreement is made this __day of ________-', 2013, by and between Brazos County ("the
County") and the City of College Station ("the City").
WHEREAS, Brazos County will conduct a general election on Tuesday, November 5,2013; and
WHEREAS, the City of College Station has called for a General Election to be held within the city
limits of College Station, Texas, on November 5,2013; and
WHEREAS, Brazos County and the City of College Station will hold elections on the same day; and
WHEREAS, the parties to this agreement desire that a joint election be held that is cost effective and
convenient for the voters of the entities;
NOW, THEREFORE, IT IS AGREED that a joint election will be held by the County and the City
under the following terms and conditions, and the parties hereto agree with said conditions:
1. That there shall be one ballot that contains all appropriate races and propositions available for
qualified voters of the two entities.
2. That there shall be one set of voting equipment to be used at the common polling places.
3. That election forms to be used and records to be maintained in a manner convenient and adequate to
record and report the results of the election for the County and the City.
4. That the joint tabulation of the precinct results shall be in a manner to facilitate the independent
canvass of returns by the two entities.
5. That each entity shall be responsible for the preparation, publication and Spanish translations of its
own Notice of Election and Order of Election.
6. That the implementation, conduct and management of said election shall be by the Brazos County
Clerk. The Brazos County Clerk is hereby designated as the Chief Election Official and Early
Voting Clerk for the two entities for the elections to be held on November 5,2013. The
implementation, conduct and management of the election shall include, but not be limited to:
A. The securing of qualified individuals to serve as election judges for each polling place.
B. The securing of locations and facilities where the election is to be conducted.
C. The securing of the election materials and supplies requisite to the proper administration of
the election, and the programming and preparation ofDRE voting equipment to be used in
the election.
D. The securing of a contract with an independent, qualified contractor for election
services and supplies
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E. The Brazos County Clerk will be responsible for the conduct ofjoint early voting by
personal appearance and by mail, with the Brazos County Administration Building, Arena
Hall, Galilee Baptist Church, Memorial Student Center, and College Station Utilities
Meeting and Training facility as the locations for early voting by personal appearance.
7. The amount to be paid by the City to the County for services rendered by the County in the
November 5,2013, election is:
A. Brazos County will fIrst fund all costs in full, other than the publication of each entity's
Notice of Election.
B. The City of College Station will reimburse the County for certain costs as follows:
1. One-fIfth (l/5) the cost for payment of the early voting election workers. The locations
are, the Brazos County Administration Building, Arena Hall, Galilee Baptist Church,
Memorial Student Center, and College Station Utilities Meeting and Training facility.
2. One-fIfth (1/5) the cost paid to Texas Voting Systems for election services and
supplies.
3. Each entity shall fund one-third (1/3) the expenses of the election day polling places
within its City limits, when that entity has items appearing on the ballot for that
precinct.
4. One-fIfth (l/5) of the cost of publication for all jointly required notices.
5. The cost of rental of two (2) DRE voting equipment used in the precinct in which the
City has items appearing on the ballot for that precinct.
6. One-fIfth (l/5) the cost of the Early Ballot Board, Central Counting Station, the
tabulation supervisor and data processing manager.
7. Administrative fee of 10% for the City's portion of expenses as allowed in the Texas
Election Code.
8. Should any of the fIve governmental entities that hold elections on the unifonn election date
(Brazos County, City of Bryan, City of College Station, Bryan lSD, College Station ISD) cancel all
or part of their elections, then the distribution of expenses above shall be prorated accordingly.
9. The fInancial obligations of the parties under this agreement are payable from current revenues of
the respective parties.
10. That the undersigned are the duly authorized representatives of the parties' governing bodies, and
their signatures represent adoption and acceptance of the tenns and conditions of this agreement.
APPROVED AND AGREED this __day of __________, 2013.
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BRAZOS COUNTY
~9k~
aren McQueen, County erk
CITY OF COLLEGE STATION
Nancy Berry, Mayor Carla Robinson, City Attorney
Attest:
Sherry Mashburn, City Secretary
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ACUERDO DE GOBIERNO INTERLOCAL
Elecciones Conjuntas
El presente acuerdo se realiza el __dia del mes de _________ de 2013, por y entre el Condado
de Brazos ("el Condado") y la Ciudad de College Station ("la Ciudad").
CONSIDERANDO que el Condado de Brazos celebrani elecciones generales el dia martes 5 de
noviem bre de 2013; y
CONSIDERANDO que la Ciudad de College Station ha convocado Elecciones Generales para
realizarse dentro de los limites de la ciudad de College Station, Texas, el 5 de noviembre de 2013; y
CONSIDERANDO que el Condado de Brazos y la Ciudad de College Station celebraran elecciones el
mismo dia; y
CONSIDERANDO que las partes de este acuerdo desean celebrar elecciones conjuntas para que les sea
conveniente y costo-efectivo a los votantes de ambas entidades;
AHORA, CONSIDERANDO, SE ACUERDA que el Condado y la Ciudad celebranin elecciones
conjuntas bajo los terminos y condiciones siguientes, y que las partes presentes esmn de acuerdo con dichas
condiciones:
1. Que habra una boleta que contenga todas las nominaciones apropiadas y las propuestas disponibles
para los votantes calificados de ambas entidades.
2 . Que habra unjuego de equipo necesario para las votaciones a ser utilizado en los centros de
votaciones comunes.
3 . Que los formularios de elecciones utilizados y los registros llevados deberan mantenerse de una
manera conveniente y adecuada para registrar y reportar los resultados de las elecciones para el
Condado y para la Ciudad.
4. Que la tabulaci6n conjunta de los resultados de los distritos se hara de una manera que facilite el
escrutinio de los votos de forma independiente para ambas entidades.
5. Que cada entidad sera responsable de la preparaci6n, publicaci6n y traducci6n al idioma espanol de
sus propios documentos denominados Notificaci6n de Elecciones y Orden de Elecciones.
6. Que la implementaci6n, realizaci6n y manejo de dichas elecciones sera dirigida por el Oficial del
Condado de Brazos. El Oficial del Condado de Brazos es nombrado, por el presente acuerdo, el
Oficial Encargado de las Elecciones y sera el Oficial de la Elecciones Tempranas para ambas
entidades, para las elecciones a celebrarse el5 de noviembre de 2013. La implementaci6n,
realizaci6n y manejo de las elecciones incluira, pero no se limitara a 10 siguiente:
A. Conseguir individuos calificados para servir como jueces de las elecciones para cada centro
de votaciones.
B. Conseguir los lugares y las instalaciones donde se realizaran las elecciones.
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C. Conseguir los materiales de elecciones y demas materiales requeridos para administrar
apropiadamente las elecciones, y la programacion y preparacion del equipo de votaciones
DRE a ser uti]izado en las elecciones.
D. Conseguir un contrato con un contratista independiente calificado para que proporcione los
servicios y los materiales necesarios para las elecciones.
E. El Oficial del Condado de Brazos seni el responsable de dirigir las votaciones tempranas
conjuntas en persona y por correo. Los centr~s de votaciones para las votaciones tempranas
en persona senin los siguientes: El Edificio Administrativo del Condado de Brazos [Brazos
County Administration Building], E] Sal6n Arena [Arena Hall], la Iglesia Bautista Galilee
[Galilee Baptist Church], el Centro Conmemorativo Estudiantil [Memorial Student
Center] y el Edificio de Conferencias y Capacitaci6n de la Empresa Electrica de College
Station [College Station Utilities Meeting and Training facility j.
7. La cantidad que la Ciudad Ie debeni pagar al Condado por servicios ofrecidos por el Condado en las
elecciones del 5 de noviembre de 2013, se detalla a continuacion:
A. El Condado de Brazos primero pondni todos los fondos menos la publicaci6n de la
Notificaci6n de Elecciones que debera hacer cada entidad.
B. La Ciudad de College Station ]e reembolsani al Condado ciertos costos como se detalla a
continuaci6n:
1. Un quinto (1/5) del costa del pago a los empleados contratados para las elecciones
tempranas. Los centros de votaciones senin: EI Edificio Administrativo del Condado
de Brazos [Brazos County Administration Building], El Salon Arena [Arena Hall], la
Iglesia Bautista Galilee [Galilee Baptist Church], el Centro Conn1emorativo
Estudiantil [Memorial Student Center], y el Edificio de Conferencias y Capacitaci6n
de la Empresa Electrica de College Station [College Station Utilities Meeting and
Training facility].
2. Un quinto (1/5) del costo pagado a la compania Texas Voting Systems por materiales y
servicios de las elecciones.
3. Cada entidad pondni los fondos necesarios para cubrir un tercio (1/3) de los gastos de
los centros de votaciones el dia de las elecciones, dentro de los limites de cada ciudad,
cuando la entidad tiene nominaciones que aparecen en la boleta para dicho distrito.
4. Un quinto (1/5) del costa de las publicaciones de todas las notificaciones conjuntas
necesarias.
5. El costa de dos (2) equipos para votaciones DRE alquilados para ser utilizados en los
distritos en los cuales la Ciudad tiene nominaciones que aparecen en la boleta para ese
distrito.
6. Un quinto (1/5) del costa del pago de la Junta de Boleta de Elecciones Tempranas, de
la Estaci6n Central de Conteo, y del supervisor de tabulaci6n y del gerente de
procesamiento de datos.
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7. La cuota administrativa del 10% por la parte de los gastos de la Ciudad como 10 es
permitido en el C6digo de Elecciones de Texas.
8. Si alguna de las cinco entidades gubemamentales que celebra elecciones en la fecha uniforme
(Condado de Brazos, Ciudad de Bryan, Ciudad de College Station, Distrito Escolar Independiente
de Bryan, Distrito Escolar Independiente de College Station) cancela toda 0 parte de las elecciones,
entonces la distribuci6n de los gastos mencionados anteriormente senin prorrateada como
corresponde.
9. Las obligaciones financieras de las partes bajo este acuerdo se pagan in de los ingresos actuales de
las partes respectivas.
10. Que los que finnan a continuaci6n son los representantes debidamente autorizados por los entes
reguladores de ambas entidades, y sus fmnas representan la adopci6n y aceptaci6n de los terminos
y condiciones de este acuerdo.
APPROBADO Y ACORDADO el dia del mes de de 2013.
CIUDAD DE COLLEGE STATION
Nancy Berry, Alcalde Carla Robinson, Abogada de la Ciudad
Doy fe:
Sherry Mashburn, Secretaria de la Ciudad
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August 22, 2013
Consent Agenda Item No. 2d
Railroad Crossing Agreement with Union Pacific Railroad
To: Kathy Merrill, Interim City Manager
From: Timothy Crabb, Director of Electric Utilities
Agenda Caption: Presentation, possible action and discussion regarding approval of four
Railroad Crossing Agreements with Union Pacific Railroad for the installation of electric
conduits at three locations under the railroad tracks at Wellborn and Patricia, Louise, Maple
and an overhead crossing at Wellborn and F&B Road for a one-time licensee and
administration fee of $70,300 for all agreements and locations.
Relationship to Strategic Goals:
1. Financially Sustainable City
2. Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the four Railroad Crossing
Agreements.
Summary: The Northgate Substation is under construction to provide electric service to
the Northgate and Bio-corridor areas. To provide electric feeder routes into the Northgate
area we must install electric conduit under the railroad tracks and Wellborn Road at Patricia,
Louise and Maple streets with an overhead crossing at Wellborn and F&B Rd. Permits are
required from Union Pacific Railroad for this work with a one-time licensee and
administration fee of $70,300.00
Permit license and administration fee per location:
Wellborn & Patricia - $14,500
Wellborn & Louise - $17,500
Wellborn & Maple - $30,500
Wellborn & F&B - $7,800
Budget & Financial Summary: Funds are available in the Electric Capital Improvements
budget.
Reviewed and Approved by Legal: Yes
Attachments:
1. Agreements – On file in City Secretary’s Office
2. Location Map
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August 22, 2013
Consent Agenda Item No. 2e
Brazos Valley Wide Area Communications System (BVWACS) ILA - Renewal
To: Kathy Merrill, Interim City Manager
From: Ben Roper, IT Director
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
resolution adopting the first restatement of the interlocal agreement with the City of Bryan,
City of Brenham, Brazos County, Washington County, and Texas A&M University to provide
for the construction, acquisition, implementation, operation, and maintenance of the Brazos
Valley Wide Area Communications System (BVWACS).
Relationship to Strategic Goals: Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the resolution.
Summary: This resolution approves the renewal for five years of the interlocal agreement
for the construction, acquisition, implementation, operation, and maintenance of the Brazos
Valley Wide Area Communications System (BVWACS) which expires on September 30,
2013.
The ILA was approved by the BVWACS Governing Board for submission to the BVWACS
Parties on July 17, 2013.
This action continues the Brazos Valley Wide Area Communications System (BVWACS),
including the governing and operating structure.
Budget & Financial Summary:
Annual Funding for BVWACS Operations and Capital expenses is included in the IT
Department Operating Budget. FY 14 Operating and Capital expenses were approved by
Council on May 9, 2013.
Reviewed and Approved by Legal: Yes
Attachments:
BVWACS Resolution
BVWACS ILA
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C:\Users\tmcnutt\AppData\Local\Temp\BVWACS Resolution.docx8/13/20131:58:39 PM
RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT WITH THE CITY OF BRYAN, CITY OF BRENHAM, BRAZOS COUNTY, WASHINTON COUNTY, AND TEXAS A&M UNIVERSITY TO PROVIDE FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS SYSTEM (BVWACS). WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to perform governmental functions or services including public safety and emergency management; and WHEREAS, the City Council of the City of College Station, Texas, desires to renew an agreement with the City of Bryan, City of Brenham, Brazos County, Washington County, and Texas A&M University for the construction, acquisition, implementation, operation and maintenance of a regional interoperable radio system; and WHEREAS, the City Council of the City of College Station, Texas, desires to support interoperable communications for public safety and emergency management agencies; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the first restatement of the interlocal agreement with the City of Bryan, City of Brenham, Brazos County, Washington County, and Texas A&M University for the construction, acquisition, implementation, operation and maintenance of a regional interoperable radio system referred to as the Brazos Valley Wide Area Communications System. A copy of such agreement which is attached hereto as Exhibit “A” and incorporated herein. PART 2: That this resolution shall take effect immediately from and after its passage. ADOPTED this _______ day of ________________________, A.D. 2013. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR
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C:\Users\tmcnutt\AppData\Local\Temp\BVWACS Resolution.docx8/13/20131:58:39 PM
APPROVED: _______________________________ City Attorney
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FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT
FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION
AND MAINTENANCE OF
THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS SYSTEM (BVWACS)
STATE OF TEXAS §
COUNTIES OF BRAZOS AND WASHINGTON §
This Agreement is by and among the City of Bryan, City of College Station, City of
Brenham, Brazos County, Washington County, and Texas A & M University.
R E C I T A L S
A. The BVWACS Parties are combining their resources and desire to jointly operate and
maintain the Brazos Valley Wide Area Communications System to improve the ability of
public safety and public service radio communications internally and among themselves, and
to allow direct access to, and exchange of data.
B. The BVWACS Parties desire to continue to join their Wide Area Communications System
with the regional communications system of Harris County, Texas, and to create a
mechanism to effectively administrate this endeavor pursuant to a separate agreement with
Harris County in a manner consistent with this Agreement.
C. The BVWACS Parties desire to provide for the organizational structure and funding support
for the construction, acquisition, implementation, operation and maintenance of the Wide
Area Communications System.
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Page 2
A G R E E M E N T
NOW, THEREFORE, in consideration of the mutual covenants herein, the BVWACS Parties agree
as follows:
1. Definitions.
1.A. Annual Assessment
1.B.
means the proportionate share determined in accordance with
that BVWACS Party’s participation share as shown on Exhibit A of that Fiscal Year’s
Capital Costs and Operating Costs based on the approved Budget.
Brazos County
means the corporate and political body of the state of Texas known
as Brazos County.
1.C. Brenham
1.D.
means the City of Brenham.
Bryan
1.E.
means the City of Bryan
BVWACS Associates
1.F.
means those entities that are sponsored by a BVWACS Party
that are eligible to use the licensed frequencies under FCC rules and regulations, that are
using the BVWACS and that are not BVWACS Parties pursuant to the terms of this
Agreement.
BVWACS Managing Entity
1.G.
means the Brazos Valley Council of Governments
contracted to supervise the performance of this Agreement or any other BVWACS Party or
third party entity designated to perform this function pursuant to the terms of this
Agreement and pursuant to Section 791.013 Texas Government Code.
BVWACS Parties
1.H.
means the state political subdivisions that have entered into this
Agreement for the construction, acquisition, implementation, operation and maintenance of
the BVWACS, including Bryan, College Station, Brenham, Brazos County, Washington
County, and Texas A & M University. Additional parties may be added from time to time
pursuant to the terms of this Agreement.
BVWACS Systems Manager means the Employee of the Managing Entity unless
designated by the Governing Board otherwise tasked to perform services for BVWACS as
set forth in this Agreement.
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1.I. BVWACS Support Vendor
1.J.
means any of the one or more vendors selected to
provide maintenance, repair, troubleshooting, and related services for the Brazos Valley
Wide Area Communications System.
BVWACS Value
1.K.
means the undivided interest of a BVWACS Party in the BVWACS
Infrastructure, Improvements and real property.
College Station
1.L.
means the City of College Station.
Commencement Date
1.M.
means the date on which this Agreement has been duly
approved by all BVWACS parties.
Costs
1.M.1.
include Capital Costs and Operating Costs as defined below:
Capital Costs
1.M.2.
means all costs incurred for the construction, acquisition and
implementation of the BVWACS in accordance with the terms of this Agreement.
Capital Costs includes expenditures for the construction, acquisition and
implementation of any and all Improvements, Infrastructure, additions,
replacements, upgrades and enhancements to the BVWACS; land acquisition costs,
including appraisals, legal fees, surveys, and other costs associated thereto; the
procurement of any hardware or software relating to the construction and
implementation of any and all Improvements, Infrastructure, additions,
replacements, upgrades and enhancements to the BVWACS; engineering studies,
consulting reports, analysis, design and planning; auditing and compliance with
accounting principles and the fiscal and legal expenses relating thereto, and any and
all other costs and expenses relating to the foregoing. The BVWACS will be
implemented in phases. The Initial Phase is attached hereto and made a part hereof
labeled Exhibit B. Notwithstanding any of the above, Capital Costs shall be
processed in accordance with GASB 34 and GAAP Accounting Principles.
Operating Costs means all costs not specifically identified as Capital Costs
and includes all fixed and variable costs and expenses incurred, directly or indirectly,
in the operation and maintenance of the BVWACS consisting of, without limit, the
direct purchase of goods and services, such as photographic supplies, developing and
printing, educational materials, books, office supplies, postage, computer supplies,
computer software, small tools and minor equipment, and minor computer
hardware, office space or the value thereof; costs associated with contracts to supply
goods and services, such as support contracts, rental of copy machines, vehicle
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Page 4
maintenance and fuel costs, tower site and infrastructure insurance, building
maintenance, computer hardware and software maintenance, printing and binding;
personnel costs incurred by all entities for Employees approved in the Budget to
support the BVWACS including, without limitation, wages, benefits, insurance,
employment related taxes, employers’ retirement contributions, phone allowances,
pagers, education and seminar fees, travel for training, mileage reimbursement, and
parking costs; and further including ongoing utility costs, security, and the normal,
periodic maintenance, tuning, servicing, inspecting, parts replacement and repair and
other similar activities that are intended to keep the BVWACS functioning efficiently
and to maintain the useful life of the assets and reduce the probability of failures.
The term includes all other items or expenses of a like or different nature reasonably
required or desirable for the efficient maintenance and operation of the BVWACS in
full compliance with all current and future regulatory requirements and the
performance of the provisions of this Agreement; the provision of liability and other
insurance in amounts and types determined necessary for the proper operation of
BVWACS; assumption of legal liability of the BVWACS Parties to pay money to
satisfy an arbitration award, administrative decision, settlement agreement, or court
decision creating a judgment against one or more of the BVWACS Parties as a result
of a third party claim arising out of or incident to the terms of this Agreement,
including reasonable attorneys’ fees and costs incurred in defending against same;
and costs incurred in enforcing or defending the provisions of this Agreement,
including reasonable attorneys’ fees. Notwithstanding any of the above, Operating
Costs shall be processed in accordance with GASB 34 and GAAP Accounting
Principles.
1.N. Day
1.O.
unless otherwise described, means calendar day.
Employees
1.P.
means the person(s) employed by one or more of the Parties or by the
Managing Entity, devoted exclusively to the construction, acquisition, implementation,
operation and maintenance of the BVWACS as set forth in this Agreement.
FCC
1.Q.
means the Federal Communications Commission.
Fiscal Year means the fiscal year agreed upon by the entities signing this Agreement.
The Fiscal Year in effect as of the execution of this Agreement commences on October 1st
of each year and ends the following September 30th.
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1.R. Improvements
1.S.
means any structure, facility, addition, replacement, upgrades and
enhancements to the BVWACS including, without limitation, hardware, software,
equipment and real property acquired for increasing functionality, range or capacity of the
Wide Area Communications System.
Infrastructure
1.T.
means collectively all Improvements, additions, replacements,
upgrades and enhancements to real property or personalty, real property acquisition, and all
system hardware and software procurement necessary for the normal operation of the
BVWACS and excluding Subscriber Equipment. The twenty-one radio consoles
implemented in the system initial phase are included as system infrastructure.
Initial Phase
1.U.
means that first phase of Infrastructure and Improvements, including
the Capital Costs relating thereto, for the Parties to utilize the BVWACS within the
designated portions of the Service Area all as shown on Exhibit C. As proposed herein, the
Initial Phase shall include radio voice communications but not data transmission.
Quarterly Assessment
1.V.
means a BVWACS Party’s proportionate share of the Capital
Costs and Operating Costs that are projected to be incurred and the amount of money
projected to be expended during the next fiscal quarter as presented in an itemized schedule
prepared by the Managing Entity, with the proportionate share determined in accordance
with the participation share of the BVWACS Party shown on Exhibit A.
Remaining Parties
1.W.
means those BVWACS Parties to this Agreement who remain
committed to this Agreement if one or more BVWACS Parties withdraw from this
Agreement or is terminated pursuant to the terms of this Agreement.
Service Area
1.X.
means that geographical area designed to serve the Parties for the
BVWACS as same may, from time to time, be amended through approval by the Governing
Board. A map of the initial Service Area is attached hereto as Exhibit C.
Standard Terms and Conditions
1.Y.
means the terms and conditions listed in Exhibit D
that must be included in all BVWACS Associate Interlocal Cooperation Agreements.
Subscriber Equipment means the portable radios, mobile radios, control station
radios, radio consoles, excluding the original 21 radio consoles installed or made operational
as part of the Initial Phase, and other equipment operated by BVWACS Parties and
BVWACS Associates accessing BVWACS.
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1.Z. Terminated Party
1.AA.
means a BVWACS Party who has received a notice of termination
and whose participation in the BVWACS Agreement has been terminated for default, after it
failed to cure the default in a timely manner.
Termination Date
1.BB.
means twelve (12) months from the date of the notice of
withdrawal when a BVWACS Party gives notice of its intention to withdraw from this
Agreement and terminate its participation in BVWACS.
Washington County
1.CC.
means the corporate and political body of the state of Texas
known as Washington County.
Wide Area Communications System or BVWACS
1.DD.
means the Regional Voice and
Data Radio System serving the Brazos County and Washington County, Texas areas as
shown on a Service Area map attached as Exhibit C as same may from time to time be
amended as provided in this Agreement, implemented by Parties for public safety and public
service purposes in accordance with the terms herein and pursuant to applicable law for such
type of public communications system.
Withdrawing Party
2. Term of Agreement.
means a BVWACS Party who gives notice of its intention to
withdraw from this Agreement and terminate its participation in BVWACS.
The term of this Agreement shall be effective when this Agreement has been duly approved
by all BVWACS Parties (termed the Effective Date), subject to the BVWACS Parties’ rights of
termination in this Agreement. The term of this Agreement is from the Effective Date to
September 30, 2018. . Nothing in this Agreement will prevent the BVWACS Parties from entering
into a separate Agreement with another group or entity providing similar radio services provided
such Party continues to adhere to the terms and conditions of this Agreement.
3. Purpose.
The purpose of this Agreement is to establish an organizational and management structure
for the construction, acquisition, implementation, ongoing administration, operation, and
maintenance of the BVWACS by the Parties, including establishing a budget proposal process, a
funding process, and the allocation of Costs associated with the construction, acquisition,
implementation, operation, maintenance, and Improvements to the Wide Area Communications
System.
The BVWACS Parties have developed initial objectives, attached as Exhibit E, and
evaluation factors, attached as Exhibit F.
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4. Governing Board.
4.A. Purpose
4.B.
. The Governing Board shall set policy for the BVWACS, direct and
approve the operating policies and procedures of the Operating Board, adopt a draft budget
annually, and carry out any and all other appropriate tasks necessary for the proper
functioning of the BVWACS. The Governing Board may exercise such powers and duties
as authorized under this Agreement.
Composition
4.C.
. The Governing Board shall consist of one member from each of the
BVWACS Parties. Governing Board Members should be public officials or senior executive
level employees of their respective BVWACS Party. Governing Board Members may
designate in writing an individual within their entity to act in their place. The governing
body of a BVWACS Party may designate in writing a change in that BVWACS Party’s
Governing Board Member.
Officers
4.D.
. The Governing Board shall elect a chair, vice-chair, and other officers
annually. The BVWACS Managing Entity shall provide secretarial services and other
administrative support services to the Governing Board.
Meeting Requirements
4.E.
. The Governing Board shall meet at least semi-annually, but
special meetings may be called by the request of one (1) or more Governing Board
Members. These meetings shall be held in compliance with the Texas Open Meetings Act.
These meetings shall be publicly posted 72 hours before the meeting by the Chair of the
Governing Board. Meeting notices and meeting agenda shall be sent to members of the
Governing Board at least 72 hours before the meeting.
BVWACS Improvements
4.F.
. The Governing Board may develop agreements defining
the roles and responsibilities of the BVWACS Parties for BVWACS Improvements at the
time the BVWACS Improvements are approved by the BVWACS Parties. The funding for
these BVWACS Improvements shall be included in these agreements. Unless otherwise
agreed by the BVWACS Parties in writing, funding for the cost of BVWACS Improvements
that are constructed or acquired to benefit one (1) or more individual BVWACS Parties shall
be paid only by the BVWACS Parties benefiting from such BVWACS Improvements.
Quorum and Voting. No action may be taken by the Governing Board unless a
quorum is present. A quorum shall consist of a majority of members. Unless expressly
stipulated otherwise in this Agreement or unless required differently pursuant to applicable
law, the affirmative vote of a majority of members is required for the Governing Board to
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adopt any resolution or take any action. Each member of the Governing Board shall have
one vote.
5. Operating Board.
5.A. Purpose
5.B.
. The management and technical operation of the BVWACS is overseen by
an Operating Board which ensures that the policies set by the BVWACS Governing Board
are carried out and which provides overall BVWACS advice as to the construction,
acquisition, implementation, operation and maintenance of the BVWACS and provides
advice to the BVWACS Managing Entity.
Composition
5.C.
. The Operating Board consists of one member appointed by each of
the BVWACS Parties. In addition, each BVWACS Party may designate in writing an
alternate (“Alternate”) to act in place of its appointed Operating Board member. Notice of a
change in designated Board Members or Alternate by a BVWACS Party may be made by
sending written notice of the newly designated Board Member(s) or Alternate to the Chair of
the Operating Board, with a copy to the BVWACS Managing Entity. The composition of
the initial Operating Board is shown in Exhibit G.
Duties. The Operating Board shall meet at least quarterly. The Operating Board
shall examine the apportionment of BVWACS Capital Costs and Operating Costs among
the BVWACS Parties and recommend any adjustments needed to the Governing Board.
The Operating Board shall annually submit a draft Operating and Capital Program budget
for presentation to the Governing Board by March 1 of each year unless directed otherwise
by the Governing Board regarding funds needed to improve, operate, maintain, and use the
BVWACS. The Operating Board shall review and recommend the operating policies and
procedures for the BVWACS, including policies related but not limited to system security,
fleetmap management, capacity management, and interoperability with other radio systems
and equipment. The Operating Board shall regularly review the evaluation factors for the
BVWACS as described in Exhibit F of this Agreement and take needed actions to ensure
reliable BVWACS performance. The BVWACS Managing Entity, together with the
Operating Board, shall develop and recommend to the Governing Board BVWACS
Improvements as needed to ensure optimal BVWACS functionality and performance. The
Operating Board shall consider the impact of proposed BVWACS Associates and proposed
new Parties to this Agreement on the capacity of the BVWACS and recommend approval or
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denial of requests to sponsor an entity as an Associate or to add an additional party to this
Agreement.
In addition, the Operating Board annually provides input to the Governing Board
and to the BVWACS Managing Entity on the performance of the BVWACS Systems
Manager.
5.D. Terms
5.E.
. The term of each Board Member shall be determined by the appointing
BVWACS Party. All Board Members serve at the pleasure of their appointing BVWACS
Party.
Attendance Requirements
5.F.
. Either a Board Member or Alternate shall attend all
meetings. If a BVWACS Party has no representation at more than 25% of the meetings
during any calendar year, the BVWACS Party shall appoint new Board Member(s) and new
Alternate(s). Operating Board meetings are scheduled by the Operating Board Chair.
Chair, Vice-Chair, and Secretary
5.G.
. The Operating Board Members elect the Chair,
Vice-Chair, and Secretary in the first month of each Fiscal Year. The Chair is responsible
for scheduling meetings and providing Operating Board members with meeting notices.
One of the duties of the Secretary shall be to record and track attendance of Board Members
and Alternates. The BVWACS Managing Entity provides or arranges staff support to make
written minutes of each Operating Board meeting and provides other needed logistical
support for the Operating Board.
Procedures at Meeting
5.H.
. The Chair presides at the meetings and the Vice-Chair acts
in the absence of the Chair. No action may be taken by the Operating Board unless a
quorum of Board Members is present. A quorum shall consist of a majority of Board
Members. The Chair shall provide the Board Members with at least 20 days notice of
proposed dates for regular meetings. Any Board Member may place items on the Operating
Board’s meeting agenda by submitting the item to the Chair at least ten days before the next
meeting. The Chair shall submit the agenda to the Board Members no later than seven days
before the meeting. Each Board Member shall have one vote. The affirmative vote of more
than 50 percent of all the members of the Operating Board is required to adopt any
resolution or take any action. Voting by proxy or delegate is permitted.
Actions of Operating Board. The Operating Board may not take any action that
would violate any applicable statute, law, regulation, court order, ordinance, commissioners'
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court order, city charter provision, articles of incorporation or other governing document. If
any such action is taken, it is null and void.
5.I. Special Meetings
. The BVWACS Managing Entity may call meetings upon 72 hours
written notice to the Board Members to conduct regular business matters or to address
budget related items, which may require action by the Parties’ governing bodies to increase
or decrease currently budgeted expenditures. The Chair or a majority of the Board Members
may also call special meetings of the Operating Board. In the event of an emergency, the
notice provision herein shall be suspended.
6. Amendments to Agreement.
Any BVWACS Party may propose an amendment to this Agreement to the Operating
Board. The Operating Board considers the amendment and makes a recommendation to the
Governing Board for consideration. The Governing Board shall review amendments to this
Agreement and may recommend approval of the amendment to the governing bodies of the
BVWACS Parties. An amendment to this Agreement shall be effective when approved by three
fourths of the governing bodies of the BVWACS Parties. A BVWACS Party whose governing body
does not approve an amendment to this Agreement adopted as provided above, may withdraw from
participation in the BVWACS as described elsewhere in this Agreement.
7. Construction, Acquisition and Implementation of BVWACS.
7.A. Initial Phase.
7.B.
The Initial Phase of the BVWACS shall be comprised of current
Infrastructure and Improvements owned by one or more of the Parties hereto plus additional
Infrastructure and Improvements to be constructed or acquired. Exhibit B sets out the
Infrastructure, Improvements and real property currently owned by one or more of the Parties as
well as the additional proposed BVWACS Infrastructure and BVWACS Improvements that will
comprise the Initial Phase. The Parties agree that the Initial Phase of the BVWACS shall be as set
forth in Exhibit B.
Ownership and Permission. Ownership of Infrastructure and Improvements
currently owned by the Parties shall remain the property of such Party. Permission for all BVWACS
Parties, BVWACS Associates, the BVWACS Managing Entity and it’s respective agents and
representatives to access and use such Infrastructure and Improvements as part of the BVWACS in
accordance with this Agreement is herein granted. New BVWACS Improvements and BVWACS
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Infrastructure shall be owned as tenants in common among the Parties then in existence at the time
funding was provided for such BVWACS Improvements or BVWACS Infrastructure.
8. Staffing and Operations.
8.A. Designation of Managing Entity
8.B.
. The Governing Board shall designate one of the
BVWACS Parties or a mutually agreed upon third party as the Managing Entity for the
BVWACS.
BVWACS Systems Manager
8.C.
. The Managing Entity is responsible for providing the
BVWACS Systems Manager. This may be a full time Employee or, with the approval of the
Governing Board, contracted third party devoted to managing the construction, acquisition,
implementation, operation and maintenance of the BVWACS under the direction of the
Managing Entity. The Operating Board will serve in an advisory capacity to the BVWACS
Systems Manager on behalf of the Governing Board. The BVWACS Systems Manager shall
be an Employee of the Managing Entity unless the Governing Board designates otherwise.
As its Employee, the Managing Entity shall be responsible for the hiring, firing, performance
review, training and education, provision of health and retirement benefits and all other
costs associated with this position as well as costs associated with being an Employee of the
Managing Entity, subject to reimbursement by the Parties through adoption of the annual
BVWACS Budget which shall include the costs of all Employees. The Managing Entity shall
obtain input from the Governing Board before taking any formal action regarding
performance, including annual reviews, with respect to such Employee.
Management Duties of the BVWACS Managing Entity
8.C.1.
. The BVWACS Managing
Entity will manage the BVWACS on a day to day basis. Responsibilities include the
following plus any other duties as determined by the Governing Board:
Management.
8.C.2.
Perform ongoing management of the construction, acquisition,
implementation, operation and maintenance of the BVWACS;
Coordination with other radio systems.
8.C.3.
Serve as principal coordinator with
other radio systems as determined by the Governing Board;
Minutes.
8.C.4.
Maintain minutes of the Governing Board and Operating Board
meetings;
Recommendations. Make recommendations to the Operating Board regarding
proper performance of the BVWACS under the terms of this Agreement;
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8.C.5. Supervision.
8.C.6.
Supervise additional Employees as applicable;
Dispute Resolution.
8.C.7.
Assist in the administrative dispute process as set out
elsewhere in this Agreement.
Agreement Copy.
8.C.8.
Maintain and make available at all reasonable times to the
Operating Board and to the Governing Board a current copy of this Agreement, including
any amendments and the most current version of all Exhibits together with copies of the
most current versions of any subsequently developed operating procedures, policies or
standards;
Financial Responsibilities.
8.C.9.
Reconcile the budget on a quarterly basis or as
requested by the Governing Board. Prepare draft budget, coordinate purchasing, conduct
inventories, assist with any audits and handle such other fiscal matters as may be directed by
the Governing Board;
Reports.
8.C.10.
Provide such performance reports, projection reports and other
reports regarding the technical, operational, fiscal and other aspects of the BVWACS as
required by the Governing Board or Operating Board;
Record Keeping.
8.C.11.
Maintain and keep current all records, legal documents,
contracts, manuals, warranties, etc. relating to the BVWACS and make same available for
review by any of the Parties upon request;
Contract Administration.
8.C.12.
Administer all contracts for the construction,
acquisition, implementation, operation and maintenance of the BVWACS;
Project Management.
8.C.13.
Oversee the management of all projects relating to the
construction, acquisition and implementation of Infrastructure and Improvements to the
BVWACS;
Standard Operating Procedures.
8.C.14.
Develop, distribute and keep current
standard operating procedures for the BVWACS as directed by the Operating Board;
BVWACS Availability.
8.C.15.
Ensure operational and technical availability of the
BVWACS features to the Parties and Associates in accordance with the goals and objectives
set forth herein and that support interaction and communications with other public safety
radio systems.
Grant Administration. Oversee the application, administration and financial
management of grant funding programs available for the construction, acquisition,
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implementation, operation and maintenance of the BVWACS. This includes performing as
a recipient or sub-recipient for the BVWACS Parties in relation to such grant programs.
8.D. Staffing
8.E.
. There may be such other Employees as may, from time to time, be
budgeted and approved by the Governing Board. The BVWACS Parties through action of
the Governing Board may elect to contract out some or all services relating to the
construction, acquisition, implementation, operation and maintenance of the BVWACS.
The initial number and types of Employees to be provided or funded by the BVWACS
Parties are shown in Exhibit H. Notwithstanding anything herein to the contrary, personnel
provided by one or more of the Parties to support the BVWACS are, and shall exclusively
remain, employees of their respective entity, subject to all of the employment rules and
personnel policies of that entity. The personnel costs necessary to support the BVWACS are
included in each year’s draft budget submitted to the Parties, subject to the provisions in
Section 9. Budget, and Section 18. Effect of Breach and Default.
Operating Procedures
8.F.
. The BVWACS Managing Entity shall ensure that standard
operating procedures are prepared to govern the day-to-day management and operation of
the BVWACS and BVWACS staff (“Standard Operating Procedures”) as may be directed by
the Governing Board, and shall submit such Standard Operating Procedures to the
Operating Board for review and approval. Standard Operating Procedures shall be annually
reviewed by the Operating Board and updated as needed. The BVWACS Managing Entity
also monitors the implementation of and compliance with the Standard Operating
Procedures. If there is any conflict between the Standard Operating Procedures and the
employment rules and personnel policies of the entities, then the employment rules and
personnel policies of the entities control as they impact that entities’ staff supporting the
BVWACS. The Operating Board shall also oversee the development and implementation of
corrective measures policies.
Roles and Responsibilities. The BVWACS Parties shall use the BVWACS in a
manner consistent with the Standard Operating Procedures, directives of the Governing
Board and in compliance with applicable FCC rules and regulations. The BVWACS Parties
shall follow the established Standard Operating Procedures and Governing Board directives
regarding the programming and addition of Subscriber Equipment to the BVWACS. The
BVWACS Parties are encouraged to utilize and improve the interoperation capabilities of the
BVWACS. BVWACS Parties shall utilize the BVWACS Managing Entity as their primary
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point of contact for requests for BVWACS Improvements when dealing with problems, or
to answer questions. BVWACS Parties shall work in good faith with the BVWACS
Managing Entity to help resolve problems. Using Standard Operating Procedures or other
directives from the Governing Board, BVWACS Parties shall have access to system reports
including, but not limited to, system usage, utilization and performance. A BVWACS Party
is financially responsible for any FCC penalties, fines or other financial encumbrance caused
by the actions of that BVWACS Party and any BVWACS Associate sponsored by it.
8.G. Capacity Management.
8.H.
The BWACS Managing Entity may develop a policy for
capacity management and submit the policy to the Operating Board for review and approval.
This policy shall be reviewed annually by the Operating Board, and updated as needed to
ensure appropriateness and applicability with current BVWACS needs and industry
standards and practices.
Withdrawal of Managing Entity.
8.H.1
In the event the current entity ceases to be the
BVWACS Managing Entity and the BVWACS Managing Entity is not a BVWACS Party
subject to the provisions of Section 17.B herein, the Governing Board Members
representing three-fourths of the BVWACS Parties shall appoint a replacement BVWACS
Managing Entity. Within ten (10) days after receipt of notice of the identity of the
replacement BVWACS Managing Entity, the current BVWACS Managing Entity shall:
Possession
8.H.2
. Transfer control and possession of all BVWACS Infrastructure,
BVWACS Improvements including BVWACS real property owned as tenants in
common pursuant to this Agreement to the replacement BVWACS Managing Entity.
Conveyance of Real Property.
8.H.3
Transfer any and all ownership rights it may
have to real property acquired pursuant to the terms of this Agreement to the
BVWACS Parties.
Evidence of Ownership. Provide evidence and documentation adequate to
prove ownership of the BVWACS Infrastructure, BVWACS Improvements or real
property, including, wherever applicable, transferring all rights, title and interests,
including proprietary and intellectual property rights, to enable the replacement
BVWACS Managing Entity to manage, upgrade, update, maintain, and operate or to
sell, convey or otherwise dispose of the BVWACS Infrastructure, BVWACS
Improvements or real property if or when the BVWACS Parties determine that this
is appropriate, and
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8.H.4. Operations and Legal Documents
. Transfer the originals of all deeds,
operations manuals, warranties, bills of sale, licenses, leases, titles and other legal
documents related to BVWACS Infrastructure, BVWACS Improvements or
BVWACS real property to the replacement BVWACS Managing Entity.
9. Budget.
9.A. Budget Adoption
9.B.
. The Governing Board shall annually approve a draft BVWACS
Budget upon the approval of three-fourths of its members in accordance with the
timeframes set forth herein and recommend approval of the Budget to the governing bodies
of the BVWACS Parties, including approval to appropriate their proportionate share of the
BVWACS Budget. All Operating Costs must be included in each annual BVWACS Budget
as well as any Capital Costs. The Budget shall include any and all costs relating to employees
in implementing and maintaining the BVWACS. If any BVWACS Party does not agree with
the draft BVWACS Budget as presented, it must provide the Governing Board with a
detailed explanation of its issues with the draft Budget within 30 days after receipt of it.
Each member of the Governing Board shall consult with its governing body or appropriate
budget review personnel before voting to approve any Budget.
Annual Operating Costs Budget. The annual Operating Costs shall be shared
according to the participation levels shown in Exhibit A, or as may be amended from time to
time by the Governing Board based on an annual true-up of the ratio of actual accounts for
each party to total accounts. An annual true-up shall take place by January 31 of each year. .
Each year the BVWACS Managing Entity, following and abiding by its budgeting and
accounting practices, shall prepare an annual Operating Costs budget (“Operating Budget”)
on a fiscal year basis and submit this budget to the Operating Board. The Operating Budget
must provide for all Operating Costs. The Operating Board shall review and adjust, as
needed, the Operating Budget and then submit its recommendation to the Governing Board.
The Governing Board shall, no later than April 1st of each year, approve a draft budget and
recommend approval of the Operating Budget by each BVWACS Party and appropriation of
their proportionate share of the Operating Budget in their next Fiscal Year’s budget. If
budgeted amounts exceed actual expenditures, the Governing Board by majority vote may
move the unexpended balances into the BVWACS Capital Fund, or credit the unexpended
balances against the budgeted expenditure amounts in the Operating Budget for the next
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Fiscal Year at each Parties then-current participation level, unless refunded to the Party at
such Party’s request. From time to time, participation levels shall be re-evaluated upon
request of a Party using the same procedure set forth herein of recommendation by the
Operating Board and determination by the Governing Board as Infrastructure or
Improvements are made to BVWACS, as use of the BVWACS changes, or when new
information affecting BVWACS becomes available. A BVWACS Party may use its share of
BVWACS capacity for its own purposes or may allocate a portion of that share through a
BVWACS Associate Interlocal Cooperation Agreement.
9.C. Annual Capital Costs Budget
9.D.
. A Capital Costs budget shall be prepared annually
using the same process for adoption as the Annual Operating Costs Budget except that while
the Capital Costs budget is prepared annually, the planning period for Capital Costs is five
(5) years. Unless otherwise agreed by the BVWACS Parties, Capital Costs shall be shared
according to the participation levels shown in Exhibit A, if and as amended, as described in
Section 9.B; provided, however, that the Capital Costs that are incurred to benefit only one
or more individual BVWACS Parties shall be paid by the BVWACS Parties benefiting from
such BVWACS Improvements and Infrastructure.
Budgeted Expenditures
9.E.
. After the Budget has been approved and funded by the
BVWACS Parties, the BVWACS Managing Entity is authorized to incur costs in accordance
with the Budget. Any costs to be incurred in excess of the approved and funded Operating
Costs or Capital Costs Budget amounts require additional budget approval and funding, or
re-allocation of existing funds, by the BVWACS Governing Board. The BVWACS
Governing Board may approve transfer of funds from the BVWACS Capital Fund to the
Capital Budget to meet an urgent need that was not addressed during the Budget process.
Such approval requires the vote of three-fourths of the members of the Governing Board.
Other BVWACS Fees
9.F.
. Fees payable by BVWACS Associates are determined by the
terms of their BVWACS Associate Interlocal Cooperation Agreement. Funds received by
new Parties are determined in accordance with this Agreement.
Funding Transfers to the Managing Entity. Once each BVWACS Party appropriates
its portion of the BVWACS Budget in its annual budgetary process, the Managing Entity
shall provide timely and accurate invoices to facilitate the transfer of funds by each
BVWACS Party to the Managing Entity, and the Parties shall each comply with the
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following procedures to facilitate payment by the Managing Entity to the BVWACS vendors
and contractors:
9.F.1. Quarterly Assessment
9.F.2.
. At least 60 days prior to the beginning of each
Quarter of the Fiscal Year, the BVWACS Managing Entity shall give the Operating
Board, for its review, an itemized schedule of the Capital Costs and Operating Costs
that are projected to be incurred, and the amount of money projected to be
expended, during the next quarter. At least 30 days prior to the beginning of each
Quarter, the Managing Entity shall send each BVWACS Party an invoice for its
Quarterly Assessment.
Approval
9.F.3.
. Each BVWACS Party must approve or dispute its Quarterly
Assessment and provide written notice of any dispute to the BVWACS Managing
Entity within 15 business days after receipt of the invoice for the Quarterly
Assessment. If a dispute concerning the Quarterly Assessment is not resolved by the
time the BVWACS Party is required to remit payment, the matter shall be resolved in
accordance with the procedures set forth in Section 21, Dispute Resolution.
Payment Instructions
9.F.4.
. The Managing Entity must provide payment
instructions to each BVWACS Party for the transfer of BVWACS Party funds to the
Managing Entity.
BVWACS Party Funds
9.F.5.
. Each BVWACS Party must pay its Quarterly
Assessment to the Managing Entity no later than 60 calendar days after receipt of an
invoice in accordance with the resolution of any dispute about the Quarterly
Assessment.
BVWACS Fund
9.F.6.
. The Managing Entity shall establish a separate fund for
BVWACS in its accounting records (“BVWACS Fund”) that is dedicated to the
administration of the BVWACS. All funds received from BVWACS Parties and
other BVWACS revenues, including the capital fund and any interest earned, shall be
credited to the BVWACS Fund. All BVWACS obligations shall be debited from the
BVWACS Fund. The records for the BVWACS Fund shall be maintained in
compliance with generally accepted accounting principles.
Accounting. The BVWACS Fund is managed by the Managing Entity in the
same manner as the Managing Entity manages funds held in its depository accounts.
Funds associated with the BVWACS, including accrued interest, shall be accounted
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for separately by the Managing Entity for the benefit of the BVWACS Parties, unless
otherwise required by law or this Agreement.
9.F.7. Statements
9.F.8.
. The BVWACS Managing Entity is responsible for providing
quarterly statements showing the credits to and debits from the BVWACS Fund,
including any income earned, to each Party on or before the 20th day of the first
month following the end of such quarter.
Payments
9.F.9.
. Subject to the availability of sufficient funds in the BVWACS
Fund, the Managing Entity shall pay BVWACS contractors and vendors in
compliance with the Texas Prompt Payment Act.
Reports
9.G.
. The BVWACS Managing Entity is responsible for providing each
BVWACS Party with a quarterly written financial report on the Budget, including
current BVWACS Cost projections for the succeeding quarter.
Funding
9.H.
. The BVWACS Parties specifically acknowledge that funding for each
BVWACS Party’s share of the BVWACS Operating Budget and Capital Costs Budget goes
through that BVWACS Party’s normal budgeting process; and upon approval by its
governing body, is payable from current revenue available to each funding BVWACS Party.
Purchase, operation and maintenance costs of Subscriber Equipment are the responsibility
of each BVWACS Party.
Failure to Appropriate
9.I.
. The failure of a BVWACS Party to appropriate its
proportionate share of the BVWACS Budget by the first day of the Fiscal Year for which the
Operating Budget and Capital Costs Budget is applicable shall be a material default of such
BVWACS Party under this Agreement, and the BVWACS Parties shall follow the
procedures for termination of a BVWACS Party set out in this Agreement addressing the
effect of breach and default.
Partial Funding
9.I.1.
. If any BVWACS Party appropriates less than its proportionate
share of Operating Budget and Capital Costs budget for any year, or if any BVWACS Party
fails to pay its Quarterly Assessment, (herein called the “Underfunding Party”) the other
BVWACS Parties, acting through the Governing Board may take one or more of the
following actions:
Suspension of Representation. Remove the Governing Board representation
and voting rights for the Underfunding Party.
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9.I.2. Service Reduction
9.I.3.
. Reduce the BVWACS services being provided to the
Underfunding Party.
Notice of Underfunding
9.I.4.
. Send the Underfunding Party a notice stating the
amount of underpayment, which is the difference in the Underfunding Party’s
Quarterly Assessment and the amount of funding provided by the Underfunding
Party (“Deficiency”). Said Deficiency is an obligation of such Underfunding Party
subject to the Prompt Payment Act. Each Underfunding Party agrees that its future
right to participate in the BVWACS is dependent upon fully paying its Quarterly
Assessments. The Underfunding Party must appropriate and pay the Deficiency,
and its entire Quarterly Assessment for the remainder of that Fiscal Year.
Budget Revision
9.I.5.
. Amend the BVWACS Operating Budget and Capital Costs
budget by reducing costs and/or increasing the amounts paid by the other BVWACS
Parties.
Termination of Participation
9.J.
. Terminate the Underfunding Party’s
participation in this Agreement by following the procedure for termination of a
BVWACS Party, if the level of funding is deemed by the other BVWACS Parties to
be substantially a failure to fund.
Asset Management
With respect to Infrastructure, Improvements and real property owned by only one or some
of the Parties and that is not listed as BVWACS Infrastructure, BVWACS Improvements, or
BVWACS real property, right of access, license and use is herein granted by such Parties to
. BVWACS Infrastructure shall be tracked in accordance with
standard operating procedures approved by the Operating Board. These procedures must
be consistent with generally accepted accounting principles for property held as tenants in
common for one or more of the BVWACS Parties. If any BVWACS Infrastructure needs to
be retired, the BVWACS Managing Entity will provide this information to the Operating
Board for approval prior to removal. At a minimum, the BVWACS Managing Entity shall
provide the asset serial number, asset ID tag (if any), location from which it is to be removed
and description of the asset. The asset to be retired shall be disposed as directed by the
Governing Board upon receiving the recommendation of the Operating Board. Any funds
received from the disposal of the asset shall be credited as revenue in the BVWACS Fund
and shown in the next BVWACS Capital budget. These funds are managed in accordance
with the provisions of this Agreement.
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all Parties and to the BVWACS Managing Entity as necessary for BVWACS purposes as
determined by the Governing Board. With respect to future Infrastructure, Improvements
and real property owned by only one or some of the Parties, such Parties agree that all rights
of access, use or licenses required to make same a part of the BVWACS shall be granted.
No Infrastructure, Improvement or real property owned by only one or some of the Parties
may be conveyed to a third party, destroyed or otherwise removed from the BVWACS
without giving at least 12 months advance notice. Failure to do so shall be considered a
failure to perform substantially such Party’s or Parties’ material obligations under this
Agreement, and the provisions of Section 18. (Effect of Breach and Default) shall apply.
The Governing Board may determine to file Certificates of Memorandums in the deed
records of the county where an asset owned by one or more Parties is located notifying the
public regarding BVWACS rights associated with such asset.
10. BVWACS Associates.
10.A. Procedure for Becoming BVWACS Associate
10.A.1.
. To use the BVWACS, an entity must
be either a BVWACS Party or BVWACS Associate unless special access is granted by three-
fourths vote of the members of the Governing Board. Additionally, the Texas Department
of Public Safety is hereby granted special access. To become a BVWACS Associate, a
BVWACS Party must sponsor the entity. A BVWACS Party may only sponsor BVWACS
Associates to the extent that it has a portion of its share of BVWACS capacity that is unused
and therefore available to assign. A BVWACS Party may not sponsor any entity unless the
entity is eligible to use the BVWACS licensed radio frequencies under FCC rules, regulations
and practices. A BVWACS Party may sponsor one or more entities as BVWACS Associates.
BVWACS Parties shall use the following procedure for sponsoring an entity:
Share of Capacity
10.A.2.
. Determine the extent of the BVWACS Party’s share of
the BVWACS capacity that is available for assignment to the entity based upon most
recent participation level determined using the true-up provisions set forth in
Section 9.B
Anticipated Usage. Determine the anticipated usage of the entity to be
sponsored based on talk time if available, the number of radios used by the entity
and other relevant information as determined by the Governing Board.
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10.A.3. Compatibility
10.A.4.
. Determine the compatibility of the Subscriber Equipment
used by the entity with the system and the impact of their inclusion in the system
based on voice traffic, talk-group needs, and functionality.
Associate Agreement
10.A.5.
. Negotiate a BVWACS Associate Interlocal
Cooperation Agreement with the prospective BVWACS Associate that includes the
Standard Terms and Conditions as well as any other terms and conditions related to
payment, term of agreement, nature of the services to be provided, curtailment of
services or termination of the authority to continue use of the BVWACS for breach,
withdrawal by the entity, and other matters that they desire as long as they are not
contrary to or more expansive than the Standard Terms and Conditions or the terms
and conditions of this Agreement.
Report to Board
10.A.6.
. Present a report to the Operating Board that includes the
anticipated usage of the entity, the number of radios or equipment used by the entity,
the compatibility of the radios or equipment used by the entity with the system, the
number of talkgroups needed and any other information relevant to whether the
addition of the entity is likely to cause the BVWACS Party to exceed its share of the
BVWACS capacity.
Board Approval of Draft Agreement
10.A.7.
. Present a draft copy of the proposed
BVWACS Associate Interlocal Cooperation Agreement to the Operating Board so
that it can verify that the agreement contains the Standard Terms and Conditions
and is consistent with the terms and conditions of this Agreement.
Parties Approval of Associate Agreement
10.B.
. Obtain approval of the BVWACS
Associate Interlocal Cooperation Agreement by the governing bodies of the
sponsoring Party and the prospective BVWACS Associate to the agreement.
Operating Board Duties
10.B.1. Impact on current and future BVWACS voice traffic capacity.
. The Operating Board shall review the report of the
BVWACS Party asking to sponsor an entity as a BVWACS Associate and evaluate the
following:
10.B.2. Impact on current and future BVWACS talkgroup capacity.
10.B.3. Impact on overall current and future BVWACS functionality.
The Operating Board shall review the proposed BVWACS Associate Interlocal
Cooperation Agreement to be entered into by the BVWACS Party asking to sponsor an
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entity as a BVWACS Associate and determine whether it includes the Standard Terms and
Conditions.
If the impact on these three aspects of the BVWACS capacity is not likely to result in
that BVWACS Party’s exceeding its share of the BVWACS capacity or to detrimentally
affect the overall current and future functionality of the BVWACS, and the proposed
BVWACS Associate Interlocal Cooperation Agreement includes the Standard Terms and
Conditions, the Operating Board mayrecommend approval of the request to sponsor the
entity to the Governing Board.
10.C. Association Interlocal Cooperation Agreements Approval.
10.D.
The Governing Board
must approve all BVWACS Association Interlocal Cooperation Agreements before such
prospective BVWACS Associate may access or use the BVWACS.
Capacity for Sponsoring BVWACS Associates
10.E.
. Initially, a BVWACS Party’s share
of the capacity of the BVWACS is based on the participation levels stated in Exhibit A.
Two years after system acceptance of the BVWACS or when adequate information is
available, whichever occurs first, BVWACS capacity is based on the capacity management
process recommended by the Operating Board and approved by the Governing Board. The
share of capacity used may be adjusted as Infrastructure or Improvements are made to
BVWACS. A BVWACS Party may use its share of BVWACS capacity for its own purposes
or may allocate a portion of that share through a BVWACS Associate Interlocal Cooperation
Agreement. In no event shall sponsoring a BVWACS Associate cause alteration to the
Participation Table set forth in Exhibit A, if and as amended as described in Section 9.B..
Financial Effect of Sponsoring BVWACS Associate
10.F.
. When a BVWACS Party
authorizes another entity to use a portion of its share of BVWACS capacity, that BVWACS
Party remains responsible for full payment of its entire cost share of the BVWACS.
Sponsor’s Control of BVWACS Associate’s Access to BVWACS
10.G.
. If a BVWACS
Party requests that the BVWACS System Manager disable all or part of the services available
to a BVWACS Associate sponsored by that BVWACS Party, the BVWACS System Manager
shall comply with these requests and disable the portion of the services available to a
BVWACS Associate requested by the BVWACS Party as soon as practicable.
Responsibility for Subscriber Equipment. BVWACS Associates are responsible for
purchasing and providing their own Subscriber Equipment to be used on the BVWACS.
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The purchase of Subscriber Equipment shall be coordinated with the BVWACS Managing
Entity.
10.H. Additional Units
10.I.
. BVWACS Associates are not allowed to add units to the BVWACS
without approval from their sponsoring BVWACS Party.
Changes to Operations
. Each BVWACS Party that has sponsored BVWACS
Associates is responsible for informing the BVWACS Associates of changes in BVWACS
Standard Operating Procedures.
11. New BVWACS Parties.
11.A. New Parties to BVWACS.
11.B
From time to time, entities may join the BVWACS as full
Parties. Entities desiring to join the BVWACS as full Parties shall petition the current Parties for
membership in accordance with the terms herein.
Contents of Petition.
11.B.1
An entity desiring to join BVWACS shall submit a petition. At
a minimum, a petition to join BVWACS as a Party shall include the following:
Area to be Served.
11.B.2
A description of the area to be covered and a description
of how the Service Area will be affected;
Proposed Subscriber Equipment.
11.B.3
The type of Subscriber Equipment
proposed to use the BVWACS, including the approximate number of units to be added, talk groups
and talk time;
Infrastructure, Improvements, Funds and Real Property.
11.B.4.
A description of
any Infrastructure, Improvements, funds or real property that will be made available to the
BVWACS to offset costs associated with system expansion, and a description of how this will affect
the BVWACS and the current Service Area; and
Share of Capacity
11.C.
. Provide an estimate of the requested capacity desired,
including the anticipated type and amount of usage based on talk time, talk group needs and other
relevant factors as determined by the Governing Board.
Procedure.
11.C.1
The following procedure shall be followed when petitioning to become a
Party.
Submit Petition. An entity desiring to become a Party to the BVWACS shall
petition the Governing Board through the BVWACS Managing Entity who will then review
such petition for completeness as well as content. The BVWACS Managing Entity shall
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forward the petition to the Operating Board for recommendation by the Operating Board
within 30 days from submission of such petition.
11.C.2 Operating Board.
11.C.2.1 Whether the addition of petitioner as a Party will have an
adverse impact on the current and future needs of the existing Parties, on the Service Area
and on BVWACS as a whole; and
The Operating Board shall review the petition of the
submitting entity and make its recommendation to the Governing Board within 60
days from the date of submission of such petition. The Operating Board shall evaluate the
petition based upon the following:
11.C.2.2 Whether the addition of petitioner as a Party is consistent
with the goals and objectives of BVWACS as set forth in this Agreement.
11.C.3 Governing Board.
11.D.
The petitioner may negotiate an amendment to this
Agreement relating to its inclusion as a Party. The Governing Board will consider the
request and the recommendation of the Operating Board within ninety (90) days from the
date of submission of the petition and approve, deny or request additional information
needed to consider the request. Adding a new Party to this Agreement shall be considered
an amendment subject to the terms and conditions for approval of amendments set forth in
Section 6 above. The Governing Board will also determine if the petitioner will be required
to make a capital contribution towards construction or improvement to the system. Such
contribution may be in the form of a reimbursement for prospective construction or
improvements to the system.
Participation Level
11.E.
. A BVWACS Party’s share of the capacity of the BVWACS is
based on the participation levels stated in Exhibit A, as may be amended, and as described in
Section 9.B.. Addition of new Parties will require reevaluation and possible alteration of the
participation levels. The Operating Board will provide preliminary recommended
participation levels based on the new Party joining BVWACS at the time it reviews the
petition. The Governing Board shall then review such recommendation and determine
whether such participation levels should be modified. Such determination must be approved
by three-fourth of the members of the Governing Board.
Obligations of New BVWACS Parties. When a new BVWACS Party is authorized
by the Governing Board, the participation levels determined above will establish the Annual
Assessment for the new Party. Once the new Party is approved for membership, that Party
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assumes responsibility for its Annual Assessment and all other obligations as a Party to this
Agreement. New BVWACS Parties are responsible for purchasing and providing their own
Subscriber Equipment to be used on the BVWACS. The purchase of Subscriber Equipment
shall be coordinated with the BVWACS Managing Entity.
12. Accounting Records.
The BVWACS Managing Entity maintains accounting records in accordance with generally
accepted accounting standards applicable to governmental entities, including compliance with
federal guidelines for spending federal funds or bond proceeds.
The BVWACS Managing Entity shall ensure that records pertaining to the BVWACS shall
be kept in accordance with the records retention policy of the Managing Entity and in accordance
with the Open Records Act. At any reasonable time, upon three (3) business days prior written
notice, any BVWACS Party may inspect, copy, examine, and/or audit the BVWACS records, at that
BVWACS Party’s expense, at the office of the BVWACS Managing Entity, or any other mutually
acceptable location.
13. Contracting Authority.
Except for real estate transactions, the BVWACS Parties hereby grant such BVWACS
Managing Entity the authority to contract on behalf of the BVWACS Parties for acquisitions and
services that have been approved in the annual BVWACS Budget or as otherwise approved by the
Governing Board, so long as the contracted amount is within the budgeted amount and the
payments are made from available funds, using the BVWACS Managing Entity’s standard
purchasing processes, unless expenditure of federal funds or bond proceeds requires use of
additional procedures or guidelines. Procurements shall be made in accordance with the laws
applicable to such entity. These contracts shall be administered by the BVWACS Managing Entity.
14. Federal Funds and Bond Funds.
If a BVWACS Party utilizes federal funds, grant funds, or bond funds to meet a portion of
their financial commitment under this Agreement, the BVWACS Parties agree to conduct all
procurements, maintain all records and otherwise conduct their activities in furtherance of this
Agreement so as to comply with all applicable statutes, regulations, policies and grant contract
provisions necessary to qualify the BVWACS expenditures contemplated for federal or grant
program reimbursement and to avoid arbitrage penalties. Further, the BVWACS Parties agree to
cooperate with each other in the application for and administration of federal funds, grant funds, or
bond funds to maximize funding participation in the operation and maintenance of the BVWACS.
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By October 1 of each year each BVWACS Party using federal funds, grant funds, or bond funds to
meet a portion of its annual financial commitment shall notify the BVWACS Managing Entity.
15. BVWACS Performance.
The Operating Board shall take such action as may be necessary for assuring that Subscriber
Equipment configuration changes or additions do not adversely affect the performance of the
BVWACS. The Operating Board may utilize the system assessment services of the BVWACS
Support Vendor or other qualified contractor to determine the impact of adding Subscriber
Equipment to the BVWACS. The Operating Board may develop policies involving the BVWACS
Support Vendor that provide a review process prior to implementing any Subscriber Equipment
system configuration changes requested or made by BVWACS Parties. BVWACS Parties shall not
take any action that is known or ought to be known to affect the operation of the BVWACS
adversely and shall reverse any action taken that affects the operation of the BVWACS adversely.
BVWACS Parties shall not change the configuration of their program or template in a way that is
known or ought to be known to affect the operation of the BVWACS adversely and shall reverse
any change in the configuration of their program or template that affects the operation of the
BVWACS adversely.
16. Dissolution of BVWACS.
16.A. Dissolution of BVWACS
16. B.
. This Agreement may be voluntarily dissolved before the
end of the final term if three-fourths of the governing bodies of the BVWACS Parties agree
in writing to provide for a dissolution date. The dissolution date shall not be less than twelve
(12) months after these BVWACS Parties have executed the agreement to dissolve the
BVWACS unless all BVWACS Parties agree to an earlier dissolution date.
Distribution of Assets
16.B.1.
. If the BVWACS is dissolved either by agreement or at the
end of the final term, the assets of the BVWACS shall be equitably distributed among the
BVWACS Parties. The BVWACS Parties shall agree on which BVWACS Party receives
which assets in the distribution. An agreement for distribution of assets of the BVWACS
shall be effective after approval by three-fourths of the the governing bodies of the
BVWACS Parties. The manner of distribution shall consider and be consistent with the
following factors:
Participation Level. The BVWACS Party’s share of the Capital Costs for
Infrastructure and Improvements to the BVWACS and the BVWACS Party’s
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participation level as stated in Exhibit A, if and as amended as described in Section
9.B.;
16.B.2. Asset Value. The value of the assets on the dissolution date;
16.B.3. Manner of Acquisition. The basis on which the asset was acquired, whether
the asset
16.B.3.1 Was already owned by a Party;
16.B.3.2. Was acquired jointly by all BVWACS Parties or
16. B.3.3. Was acquired by only one or some of the BVWACS Parties;
16.B.4. Early Termination. Whether and, if so, when the BVWACS Party terminated
its participation in BVWACS before the dissolution of the BVWACS; and
16.B.5. Utility of Asset. The usefulness of the asset to the BVWACS Party receiving
it.
16.C. The BVWACS Party to which an asset is distributed shall also be provided evidence
and documentation adequate to prove ownership of that asset, including, wherever
applicable, transfer of all rights, title and interests, including proprietary and intellectual
property rights, to enable that BVWACS Party to upgrade, update, operate, and maintain it
or to sell, convey or otherwise dispose of it and the originals of all operations manuals,
warranties, bills of sale, licenses, leases, titles and other legal documents related to that asset.
17. Withdrawal of a BVWACS Party.
17.A. Notice of Withdrawal. A BVWACS Party may withdraw from this Agreement and
terminate its participation in BVWACS at any time by giving at least twelve (12) months
prior written notice to the Remaining Parties. The Termination Date shall not be earlier
than twelve months after notice is given unless three-fourths of the members of the
Remaining Parties agree otherwise. The Withdrawing Party must continue to fund its
Annual Assessment through the Termination Date, and if it does so, the Withdrawing Party
may continue to participate in the BVWACS until its Termination Date. The portion of the
Budget allocated to a Withdrawing Party after receipt of the notice of withdrawal may be
reduced by the agreement of three-fourths of the members of the Remaining Parties.
17.B. Withdrawal of Managing Entity. In the event the BVWACS Managing Entity is a
party to this Agreement and such Party withdraws from the BVWACS, the Governing Board
Members representing three-fourths of the members of the Remaining Parties shall appoint
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a replacement BVWACS Managing Entity. Within ten (10) days after receipt of notice of the
identity of the replacement BVWACS Managing Entity, the Withdrawing BVWACS Party
that is the BVWACS Managing Entity shall:
17.B.1 Possession. Transfer control and possession of all BVWACS Infrastructure,
BVWACS Improvements including BVWACS real property owned as tenants in
common pursuant to this Agreement to the replacement BVWACS Managing Entity.
17.B.2 Conveyance of Real Property. Transfer any and all ownership rights it may
have to real property acquired pursuant to the terms of this Agreement to the
Remaining Parties.
17.B.3 Evidence of Ownership. Provide evidence and documentation adequate to
prove ownership of the BVWACS Infrastructure, BVWACS Improvements or real
property, including, wherever applicable, transferring all rights, title and interests,
including proprietary and intellectual property rights, to enable the replacement
BVWACS Managing Entity to manage, upgrade, update, maintain, and operate or to
sell, convey or otherwise dispose of the BVWACS Infrastructure, BVWACS
Improvements or real property if or when the Remaining Parties determine that this
is appropriate, and
17.B.4. Operations and Legal Documents. Transfer the originals of all deeds,
operations manuals, warranties, bills of sale, licenses, leases, titles and other legal
documents related to BVWACS Infrastructure, BVWACS Improvements or
BVWACS real property to the replacement BVWACS Managing Entity.
17.C. Disposition of BVWACS Value of Withdrawing Party. All right, title, and interest in
and to the Withdrawing Party’s BVWACS Value may be dealt with in one of two ways: 1)
sale and assignment by Withdrawing Party; or 2) determination of valuation and disposition
of Withdrawing Party’s BVWACS Value by Remaining Parties. In either event, all rights of
access, licenses and use to such Withdrawing Party’s assets comprising a part of the
BVWACS remain in place during the withdrawal process.
17.C.1. Sale and Assignment by Withdrawing Party. The Withdrawing Party shall
offer its BVWACS Value to the Remaining Parties. If none of the Remaining Parties
accept the offer within sixty (60) days after receipt of the offer, the Withdrawing
Party may sell its BVWACS Value to one or more entities approved by all of the
Remaining Parties if the entity or entities enter into an assignment of this Agreement
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from the Withdrawing Party and accept the duties and obligations of the
Withdrawing Party under this Agreement as its or their own duties and obligations.
The assignee, if other than a Remaining Party, shall also obtain the rights of the
Withdrawing Party under the BVWACS Agreement, including one representative on
the Governing Board and one representative on the Operating Board. After the
assignment, the BVWACS Agreement shall be construed as if the assignee were
listed in the definition of BVWACS Parties. If the Withdrawing Party has an offer to
purchase its BVWACS Value from an entity but all of the Remaining Parties do not
approve that entity as a reasonable replacement for the Withdrawing Party, the
Remaining Parties shall compensate the Withdrawing Party for its BVWACS Value
in proportion to their Annual Assessment of BVWACS and obtain a proportionate
share of the Withdrawing Party’s BVWACS Value.
17.C.2. Determination of Value by Remaining Parties. If the Withdrawing Party
does not give the Remaining Parties notice that it is exercising its rights under 17.C.1.
at least six (6) months before the Termination Date, no later than the Termination
Date the Remaining Parties must fairly determine what the Withdrawing Party’s
BVWACS Value is at the Termination Date. If the Withdrawing Party and the
Remaining Parties are unable to agree on the BVWACS Value, an accounting shall be
performed by a panel of three persons. The Remaining Parties shall select one
person to represent them on the panel. The Withdrawing Party shall select another
person to represent it on the panel. The two persons selected shall select a third
person to complete the panel and the accounting. If an accounting is performed, it
shall be the basis for determining BVWACS Value for the Withdrawing Party. One
half of the cost of this panel shall be borne by the Withdrawing Party and one half of
the cost of this panel shall be borne by the Remaining Parties.
17.C.3. Disposition by Remaining Parties. When the BVWACS Value is determined,
the Remaining Parties shall determine how to disburse the ownership of the
BVWACS Value of the Withdrawing Party. The Remaining Parties shall consider at
least the following options:
17.C.3.1. New Party. Find another entity to compensate the
Withdrawing Party for its BVWACS Value, assume ownership of the
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Withdrawing Party’s BVWACS Value and assume its obligations and rights
under the BVWACS Agreement;
17.C.3.2. Share Value. Divide the Withdrawing Party’s BVWACS
Value proportionally among the Remaining Parties, compensate the
Withdrawing Party for its BVWACS Value, and provide for a proportional
increase in Annual Assessment;
17.C.3.3. Single or some of BVWACS Parties. Allow one or only some
of the Remaining Parties to compensate the Withdrawing Party for its
BVWACS Value, assume ownership of the Withdrawing Party’s BVWACS
Value with a corresponding increase in Annual Assessment; or
17.C.3.4. Ownership without Use. Require the Withdrawing Party to
retain ownership of its BVWACS Value but forfeit its use of the BVWACS
and representation on the Governing Board and Operating Board unless and
until the Withdrawing Party pays what its accrued share of the systems
operations costs from the Termination Date to the end of the then current
Budget Year would have been if it had not withdrawn.
17.D. Exclusion of Withdrawing Party’s Votes. The Withdrawing Party and its vote on the
Governing Board shall be excluded in determining the votes needed for the Remaining
Parties to make a decision about the disposition of the Withdrawing Party’s BVWACS Value
after the Termination Date.
17.E. Disposition of BVWACS Value by Remaining Parties. If the Remaining Parties
select the ownership alternative in 17.C.3.2, or 17.C.3.3 the Remaining Parties shall provide
for payment of the Withdrawing Party’s BVWACS Value in the fiscal year following the
fiscal year of the Termination Date.
17.F. Effect of Disposition on Membership in Governing Board. If the Remaining Parties
select the option in 17.C.2 or 17.C.3.3 and Withdrawing Party’s BVWACS Value is divided
among the Remaining Parties or assumed by one or only some of the Remaining Parties, the
representation of these BVWACS Parties on the Governing Board shall not be increased.
17.G. Depreciation of BVWACS Value. If the Withdrawing Party retains its BVWACS
Value, the portion of the value that relates to depreciable assets shall be reduced annually on
a declining balance method over the useable life of the asset as long as the depreciable assets
that form part of the BVWACS Value are owned by one or more of the Remaining Parties.
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The portion of the BVWACS Value that relates to non-depreciable assets shall remain
unchanged.
18. Effect of Breach and Default.
18.A. Events of Breach. Breach results from any of the following:
18.A.1. Payment. A BVWACS Party’s failure to appropriate or pay its Annual
Assessment timely;
18.A.2. FCC Rules. Violation of FCC rules and regulations by a BVWACS Party or
any BVWACS Associate with which it has entered into a BVWACS Associate
Interlocal Cooperation Agreement;
18.A.3. Policies and Procedures. Individual or repeated violations of approved
written policies and procedures by a BVWACS Party or any BVWACS Associate
with which it has entered into a BVWACS Associate Interlocal Cooperation
Agreement;
18.A.4. Inappropriate Use. Inappropriate use of the BVWACS by a BVWACS Party
or any BVWACS Associate with which it has entered into a BVWACS Associate
Interlocal Cooperation Agreement;
18.A.5. Penalty Payment. Failure to pay FCC penalties or fines resulting from the
actions of a BVWACS Party or any BVWACS Associate with which it has entered
into a BVWACS Associate Interlocal Cooperation Agreement;
18.A.6 Improper Disposition of Assets or Interest. Disposing of assets owned by
only one or some of the Parties in contravention of the provisions of this
Agreement, or failure to follow the required process set forth in this Agreement of
divesting a Party’s interest in a BVWACS Improvement, BVWACS Infrastructure or
BVWACS real property.
18.A.7. Adverse Impact. Any other action or omission that has a material adverse
impact on the operation and maintenance of BVWACS; or
18.A.8 Substantial Performance. Failure to perform substantially its material
obligations other than failure to appropriate or timely pay its Annual Assessment.
18.B. Breach for Non-Payment. The decision to exercise rights granted by this subsection
18.B. shall be made by the Governing Board. If any BVWACS Party commits the breach
described in 18.A.1, the Governing Board may determine to deliver a written notice of
breach to the BVWACS Party that specifies the nature of the breach and indicates that
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unless the breach is cured within thirty (30) days, additional steps shall be taken. A breach
described in 18.A.1 can only be cured by paying that Annual Assessment. If the breaching
BVWACS Party does not cure that breach within thirty (30) days of receiving the written
notice of breach, the breaching BVWACS Party is in default and the Governing Board shall
deliver a written notice of default to the BVWACS Party that specifies the following:
18.B.1. The nature of the default;
18.B.2. The date of the notice of breach;
18.B.3. The failure of the breaching BVWACS Party to cure timely; and
18.B.4. The BVWACS Party’s interest in the BVWACS is terminated no later than 60
days from the date of the written notice of breach if the termination is approved by
all of the BVWACS Remaining Parties unless the default is cured by the defaulting
BVWACS Party paying that Annual Assessment within an additional thirty (30) days
from the date of default as referenced in 18.A.1 above for a total of sixty (60) days
from the date of default unless the Governing Board approves a longer timeframe.
18.C. Suspension for Other Breaches. If any BVWACS Party commits a breach described
in 18.A.2 through 18.A.8 or a breach described in 18.A.2 through 18.A.8 involving use of
any radio or other equipment accessing the BVWACS under the authority of a BVWACS
Party, the Governing Board may suspend the right of that BVWACS Party to use the
BVWACS for that radio or equipment or for any other radio or equipment for a period of
time adequate to cure the breach and determine whether additional remedies are needed.
18.D. Notice of Breach, Default, and Termination For Other Breaches. The decision to
exercise rights granted by this subsection 18.D. shall be made by the Governing Board. If
any BVWACS Party commits a breach described in 18.A.2 through 18.A.8, the Governing
Board may deliver a written notice of breach to the BVWACS Party that specifies the nature
of the breach and indicates that unless the breach is cured within thirty (30) days, additional
steps shall be taken. If the breaching BVWACS Party begins to cure the breach within the
thirty (30) day period, the thirty (30) day cure period is extended as long as the breaching
BVWACS Party continues to prosecute a cure diligently to completion and is making a good
faith effort to cure the breach. If the breaching BVWACS Party does not cure the breach
within thirty (30) days of receiving the written notice of breach or additional period as
extended by diligent prosecution of a good faith effort to cure the breach, the breaching
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BVWACS Party is in default and the Governing Board shall deliver a written notice of
default to the BVWACS Party which specifies the following:
18.D.1. The nature of the default;
18.D.2. The date of the notice of breach;
18.D.3. The failure of the breaching BVWACS Party to cure timely; and
18.D.4. The BVWACS Party’s interest in the BVWACS is terminated on the effective
date stated in the notice if the termination is approved by all of the BVWACS
Remaining Parties unless the default is cured within thirty (30) days of the notice of
default.
18.E. Disposition of BVWACS Value. The Remaining Parties shall determine as to how
the Terminated Party’s BVWACS Value shall be disposed. The Remaining Parties have
ninety (90) days after the date that termination is effective to determine the value and
disposition of the Terminated Party’s BVWACS Value. The Remaining Parties may seek an
agreement with the Terminated Party about its BVWACS Value. If the Terminated Party and
the Remaining Parties are unable to agree on the Terminated Party’s BVWACS Value, they
shall use the method for determination of value in section 17.C. as if the Terminated Party
were a Withdrawing Party. When the BVWACS Value is determined, the Remaining Parties
shall determine how the ownership of the BVWACS Values is to be disposed. The
Remaining Parties shall consider at least the following ownership alternatives for the
BVWACS Value of the Terminated Party:
18.E.1. New Party. Find another entity to compensate the Terminated Party for its
BVWACS Value, assume the ownership of the Terminated Party’s BVWACS Value,
and assume its obligations and rights under the BVWACS Agreement;
18.E.2. Share Value. Divide the Terminated Party’s BVWACS Value proportionally
among the Remaining Parties so that the Remaining Parties can each compensate the
Terminated Party for their share of the BVWACS Value and pay a proportional
increase in Annual Assessment in the fiscal year following the fiscal year in which the
default last occurred;
18.E.3. One or More BVWACS Parties. Allow one or more Remaining Parties to
compensate the Terminated Party for its BVWACS Value and assume ownership of
the Terminated Party’s BVWACS Value with a corresponding increase in Annual
Assessment; or
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18.E.4. Ownership without Use. Require the Terminated Party to retain the
ownership of its BVWACS Value but forfeit its use of the BVWACS and
representation on the Governing Board and Operating Board and annually reduce its
BVWACS Value by twenty per cent (20%) of the original BVWACS Value so that
the Terminated Party has no BVWACS Value remaining after five (5) years. The
Terminated Party would transfer the reduction in value among the Remaining Parties
each of such five (5) years proportionally based on the Remaining Parties’ respective
participation level during the year such distribution is made.
18.F. Exclusion of Terminated Party’s Votes. The Terminated Party and its vote on the
Governing Board shall be excluded in determining the votes needed for the BVWACS
Remaining Parties to make a decision about the disposition of the Terminated Party’s
BVWACS Value after the date that termination is effective.
18.G. Effect of Termination on Representation on Governing Board. If the Terminated
Party’s BVWACS Value is divided among the Remaining Parties or assumed by only one or
some of the Remaining Parties, the representation of these BVWACS Parties on the
Governing Board shall not be increased.
19. Effect of Withdrawal or Termination on Remaining Parties.
Termination or withdrawal of a BVWACS Party has no effect on a Remaining Party’s rights
to participate in the BVWACS other than the specific rights and duties set out in this Agreement,
and the continuing duty of all Remaining Parties to pay their Annual Assessment.
20. FCC Licenses.
Termination or withdrawal of any Party from the BVWACS shall include the surrender to
the Remaining Parties any and all of that BVWACS Party’s radio frequency licenses that were
licensed for the purpose of implementing the BVWACS. The Remaining Parties shall determine
whether to request reassignment of the license to another BVWACS Party or surrender these
licenses to the Federal Communications Commission (FCC). The Remaining Parties are responsible
for complying with all rules and regulations of the FCC related to reassignment and surrender of
these licenses. Notwithstanding the above, licenses held, managed and owned by only one or some
of the Parties as the exclusive license of such Party or Parties at the time of termination or
withdrawal are not subject to the provisions of this section.
21. Dispute Resolution Process.
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21.A. Cooperation. All BVWACS Parties are encouraged to work together to resolve all
disputes prior to invoking the dispute resolution process set forth herein.
21.B. Hearing by Operating Board. Any BVWACS Party that has an issue or dispute
relating to the BVWACS may request a hearing before the Operating Board. The Operating
Board shall hear such matter after requesting information regarding such dispute or issue
from such BVWACS Party and from the BVWACS Managing Entity. The Operating Board
shall then hold a hearing and render its decision in writing.
21.C. Appeal to Governing Board. A BVWACS Party that is adversely affected by the
Operating Board’s decision may appeal such decision to the Governing Board, which may
elect to hear the appeal or refer the matter to mediation.
21.D. Withdrawal of Dispute. A dispute may be withdrawn at any time during the Dispute
Resolution process.
21.E. Timeframes:
21.E.1. Initial Dispute Hearing. Any BVWACS Party may bring an issue or dispute
to the Chair of the Operating Board. The Chair must schedule a meeting of the
Operating Board within (15) fifteen business days of receipt of the notice and
provide a written determination to the appropriate BVWACS Parties and to the
BVWACS Managing Entity within (5) five business days after the hearing. Any
appeal of the decision or recommendation of the Operating Board is to the
Governing Board.
21.E.2. Appeal to Governing Board. Any appeal from the decision of the Operating
Board must be made by delivery of written notice of appeal to the BVWACS
Managing Entity and Governing Board within (15) fifteen business days after receipt
of the Operating Board’s decision or recommendation. The Governing Board may
meet to hear the appeal or may elect to send the appeal to mediation. The
Governing Board, assisted by the BVWACS Managing Entity, either schedules a
hearing or sends the appeal to mediation within (25) twenty-five business days of
receipt of the notice of the appeal. Any appeal from the Governing Board’s
recommendation is to a mediator as described below.
21.E.3. Mediation. If the Governing Board refers a dispute to mediation, the parties
to the dispute shall select, within thirty (30) days, a mediator trained in mediation
skills to assist with resolution of the dispute. The parties to the dispute agree to act
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in good faith in the selection of the mediator and to give consideration to qualified
individuals nominated to act as mediator. Nothing in the Agreement prevents the
parties from relying on the skills of a person who is trained in the subject matter of
the dispute or a contract interpretation expert. If the parties fail to agree on a
mediator within thirty (30) days after the Governing Board refers the dispute to
mediation, the mediator shall be selected by mutual agreement. If that is not
possible, by the Dispute Resolution Center of the Brazos Valley or a mutually
agreeable mediation center. The parties agree to participate in mediation sessions in
good faith for a period of up to thirty (30) days from the date of the first mediation
session. Notice of the date, time, and location of the mediation shall be given to the
BVWACS Managing Entity, which may attend. The parties to the dispute shall share
the costs of mediation equally. If efforts to mediate the dispute are unsuccessful, the
parties to the dispute shall then be free to exercise all available rights and remedies
under this Agreement, or at law or in equity.
21.E.4. Application of Government Code, chapter 2260. To the extent that Chapter
2260, Texas Government Code, is applicable to this Agreement, is not inconsistent
with the process set forth above, and is not preempted by other applicable law, the
dispute resolution process provided for in Chapter 2260 and the related rules
adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used in
disputes involving Texas A & M University that cannot be resolved in the ordinary
course of business. The designated officers of Texas A & M University, as applicable,
shall examine the claim and any counterclaim and negotiate with the claimant in an
effort to resolve such claims. The BVWACS Parties specifically agree that
21.E.4.1. Neither the execution of this Agreement by Texas A & M
University nor any other conduct, action or inaction of any representative of
Texas A & M University relating to this Agreement constitutes or is intended
to constitute a waiver of Texas A & M University’s or the state's sovereign
immunity to suit; and
21.E.4.2. Texas A & M University has not waived its right to seek redress in
the courts.
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22. Miscellaneous.
22.A. Interlocal Agreement. This Agreement is an Interlocal Agreement authorized and
governed by the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code.
Each BVWACS Party agrees that in the performance of its respective obligations as set forth
in this Agreement, it is carrying out a duly authorized governmental function, which it is
authorized to perform individually under the applicable statutes of the State of Texas and/or
its charter. Each BVWACS Party agrees that the compensation to be made to the other
BVWACS Parties as set forth in this Agreement is in an amount intended to fairly
compensate each performing BVWACS Party for the services or functions it provides
hereunder, and is made from current revenues available to the paying BVWACS Party.
Where applicable, this Interlocal Agreement shall be administered in accordance with the
laws applicable to a home-rule municipality.
22.B. Immunity as a Defense. No BVWACS Party has agreed to waive any defense, right,
immunity, or other protection under law including any statutory provision, by entering into
this Agreement or otherwise participating in the BVWACS.
22.C. Retention of Defenses. The Parties agree that neither this Agreement nor the
operation or use of the BVWACS by the BVWACS Parties affect, impair, or limit their
respective immunities and limitations of liability to the claims of third parties, including
claims predicated on premises defects.
22.D. Notices. Notices required under this Agreement must be in writing and delivered
personally or sent by certified US Mail, postage prepaid, addressed to such BVWACS Party
at the following respective addresses:
City:
City of Bryan
Attention: City Manager, with a copy to the City Attorney
P. O. Box 1000
Bryan, TX 77805
City:
City of College Station
Attention: City Manager, with a copy to the City Attorney
PO Box 9960
College Station, TX 77842
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City:
City of Brenham
Attention: City Manager, with a copy to the City Attorney
200 West Vulcan Street
PO Box 1059
Brenham, TX 77834
County:
Brazos County
Attention: County Judge, with a copy to County Attorney
200 S. Texas Avenue
Suite 332
Bryan, TX 77803
County:
Washington County
Attention: County Judge, with a copy to County Attorney
100 East Main Street
Suite 104
Brenham, TX 77833
Texas A & M University:
Texas A & M University
Attention: Vice President and Associate Provost
For Information Technology and Chief Information Officer
1365 TAMU
College Station, TX 77843-1365
All notices so given, are deemed given on the date so delivered or so deposited in the
US Mail. All BVWACS Parties may change their address by sending written notice of such
change to the other Parties in the manner provided for above.
22.E. Assignment. This Agreement being based upon the special qualifications of each
BVWACS Party, any assignment or other transfer of this Agreement or any part hereof
without the express consent in writing of the other Parties is void and has no effect, which
consent shall not be unreasonably withheld.
22.F. Entire Agreement. The entire agreement among the BVWACS Parties is contained
herein and no change in or modification, termination, or discharge of this Agreement in any
form whatsoever is valid or enforceable unless it is in writing and signed by duly authorized
representatives of all Parties.
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22.G. Prior Agreements. This Agreement supersedes any and all prior agreements
regarding this subject that may have previously been made. The subject of this Agreement is
the construction, acquisition, implementation, operation and maintenance of the BVWACS.
22.H. Severability. If any term or provision of this Agreement is, to any extent, rendered
invalid or unenforceable, the remainder of this Agreement is not affected, and each other
term and provision of this Agreement remains valid and enforceable to the fullest extent
permitted by law.
22.I. Non-waiver. Failure of a BVWACS Party to exercise any right or remedy for a
breach or default of any other BVWACS Party does not waive such right or remedy for that
breach or default or in the event of a subsequent breach or default.
22.J. Authority of Signatories. Each BVWACS Party represents to all the other BVWACS
Parties that the representative signing this Agreement on any BVWACS Party’s behalf has
been duly authorized by the governing body of that BVWACS Party in compliance with
Texas law.
22.K. Further Assurances. Each BVWACS Party agrees to perform all other acts and
execute and deliver all other documents as may be necessary or appropriate to carry out the
intent and purposes of this Agreement.
22.L. Exhibits. The Exhibits, which are attached hereto and described below, are
incorporated herein and made a part hereof for all purposes.
22.M. Counterparts and Multiple Originals. This Agreement is effective as of the
Effective Date set forth in this Agreement. This Agreement may be executed simultaneously
in one or several counterparts, each of which is deemed to be an original and all of which
together constitute one and the same instrument. The terms of this Agreement become
binding upon each BVWACS Party from and after the time that it is executed by all
BVWACS Parties. The counterparts may be signed in multiple originals to allow each
BVWACS Party to have an originally signed counterpart for each BVWACS Party. The
Agreement has been executed in multiple originals, each having equal force and effect, on
behalf of the Parties.
Exhibit List:
Exhibit A – Participation Table
Exhibit B – Initial Phase of the BVWACS
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Exhibit C – Service Area map for Initial Phase
Exhibit D – BVWACS Associate Standard Terms and Conditions
Exhibit E – Goals and Objectives
Exhibit F – Monthly, Quarterly, and Annual Evaluation Factors
Exhibit G – Governance, Operation, and Maintenance Flow Chart and Distribution
of Board Membership
Exhibit H –Initial staffing for BVWACS Program
CITY OF BRYAN
By:__________________________________ Date:_____________
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CITY OF COLLEGE STATION
By:_______________________________________ Date:_____________
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CITY OF BRENHAM
By:______________________________________ Date:_____________
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BRAZOS COUNTY
By:______________________________________ Date:_____________
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WASHINGTON COUNTY
By:______________________________________ Date:_____________
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TEXAS A & M UNIVERSITY
By:______________________________________ Date:_____________
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FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT
FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION
AND MAINTENANCE OF
THE WIDE AREA COMMUNICATIONS SYSTEM
Exhibit A – Participation Table
BVWACS Party Participation Level
City of Bryan 20.35%
City of College Station 31.29%
City of Brenham 9.69%
Brazos County 13.38%
Washington County 15.57%
Texas A & M University 9.72%
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FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT
FOR THE CONSTRUCTION, IMPLEMENTATION, OPERATION AND
MAINTENANCE OF
THE WIDE AREA COMMUNICATIONS SYSTEM
Exhibit B - Initial Phase
Each of the BVWACS parties will contribute existing infrastructure, and real property currently
owned or leased by the parties for the purpose set forth in the Agreement. The existing
infrastructure and real property contributed by each of the parties at the execution of the Agreement
is as follows:
College Station
Access to 325’ radio tower, equipment shelter, land (tower & shelter located), existing equipment
and furnishings that will serve the BVWACS system.
Bryan
Access to secure third floor equipment space, including 48 VDC battery plant, generator use, and
tower use rights on a 133 foot communications tower atop the 4 story building located at 101
Regent Street, Bryan, Texas.
Access to a climate-controlled, fenced, equipment shelter, including UPS system and generator, and
use of two conventional 800 MHz repeaters, including their antenna system, at the City of Bryan
water tower located on Luza Street, between 26th Street and 28th
Street, Bryan, Texas.
Brenham
Communications existing furnishings (console desks).
Washington County
Access to three rental towers with shelters.
Brazos County
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Access to a climate-controlled, fenced, equipment shelter on real property located at 21550 Kathy
Fleming Road, Millican, Texas, in south Brazos County.
Texas A&M University
Access to a 320 foot tower located at Hensel Park for installation of the radio antennas and cable.
Space in the TAMU radio transmission facility for up to six 19” floor mount racks.
Air conditioning and AC power (supported both by UPS and generator) for RF transmission
systems.
24x7 access to the radio facility via University issued keyless entry access cards for approved
personnel.
Environmental monitoring of facility by TAMU Network Operations Center on a 24x7 basis. The
monitoring will include security cameras, temperature and humidity alarms, power interruption
alarms and high water alarms.
Phase I - Public Safety Interoperability Communications (PSIC) grant
Phase I provided the necessary equipment and racks (consisting of base radios, site controller and
radio frequency distribution system), antennas and associated wiring located at each of seven sites.
Phase I also provided operator consoles replacement/upgrade for the parties
Table 1: Phase I
Item/Site Description
Network Connectivity Leased connectivity to connect all the sites together
Bryan /Brazos County Site Includes 700/800 MHz Multicast Base equipment
with racks (6 chls) , Xmit & Rcv antennnas and coax
College Station Site Includes 700/800 MHz Multicast Base equipment
with racks (12 chls), Xmit & Rcv antennnas and coax
College Station Console
Sys As shown in Table 2 below. - 6 operator positions
Bryan/Brazos county
Console Sys Convert existing system to P25
Millican Includes 700/800 MHz Multicast Base equipment
with racks (6 chls) , Xmit & Rcv antennnas and coax
Hensel Park Site Includes 700/800 MHz Multicast Base equipment
with racks (6 chls) , Xmit & Rcv antennnas and coax
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TAMU Console Equip Convert existing system to P25
LCRA - Site Includes 700/800 MHz Multicast Base equipment
with racks (6 chls) , Xmit & Rcv antennnas and coax
Brenham Site Includes 700/800 MHz Multicast Base equipment
with racks (6 chls) , Xmit & Rcv antennnas and coax
Burton Site Includes 700/800 MHz Multicast Base equipment
with racks (6 chls) , Xmit & Rcv antennnas and coax
Brenham Emerg Comms
Console Sys As shown in Table 2 below. - 4 operator positions
Management Reserve Includes structural analysis of all towers and project
reserves.
Console equipment installed at College Station and the City of Brenham is shown in Table 2.
Table 2: Console Equipment
Console Sys Equipment
IP Based console sys
Console site router
Auxiliary I/O Server
Site Controller
Conventional Channel Gateway
LAN Switch
Operator Position Equip: PC, Mouse,
Speakers, Mic, Keyboard
IP Based Logging Sys: Archiving
Interface Server, Digital Logging
Server, Digital Logging Recorder,
Logging Playback Station
700/800 MHz P25 Trunked B/U
Stations
Remote Control - Multimode
Antenna System
Lightening Protection
UPS
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FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT
FOR THE CONSTRUCTION, IMPLEMENTATION, OPERATION AND
MAINTENANCE OF
THE WIDE AREA COMMUNICATIONS SYSTEM
Exhibit C - Service Area
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FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT
FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION
AND MAINTENANCE OF
THE WIDE AREA COMMUNICATIONS SYSTEM
Exhibit D - BVWACS Associate Standard Terms and Conditions
When using the Brazos Valley Wide Area Communications System (“BVWACS”), BVWACS
Associate shall abide by all policies, procedures and guidelines established by the BVWACS
Operating Board, the BVWACS Governing Board, and the terms and conditions of this BVWACS
Associate Interlocal Cooperation Agreement
BVWACS Associate shall use the BVWACS in a manner consistent with the Standard Operating
Procedures established by the BVWACS Operating Board and in compliance with applicable Federal
Communications Commission (“FCC”) regulations and rules.
BVWACS Associate is encouraged to use and improve the interoperation capabilities of the
BVWACS and to provide input to the BVWACS Managing Entity on the day-to-day operations of
the BVWACS and development of BVWACS standard operating policies and procedures.
BVWACS Associate shall utilize its sponsoring BVWACS Party as its primary point of contact for
requests for BVWACS Improvements.
BVWACS Associate shall utilize the BVWACS Managing Entity as its primary point of contact
when dealing with problems, or to answer questions. BVWACS Associate shall work in good faith
with the BVWACS Managing Entity to help resolve problems.
BVWACS Associate shall purchase and provide its own subscriber radios and equipment to be used
on the BVWACS. The selection and specifications for these radios and equipment must be
coordinated with the BVWACS Managing Entity so that all radios and equipment purchased are
compatible with the BVWACS.
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BVWACS Associate shall ensure that programming for its subscriber equipment that uses the
BVWACS is consistent with the Standard Operating Procedures established by the BVWACS
Operating Board.
BVWACS Associate has no right to use the BVWACS if the BVWACS Party entering into this
BVWACS Associate Interlocal Cooperation Agreement with it is no longer eligible to use the
BVWACS.
BVWACS Associate is subject to any limitations or restraints on its usage of BVWACS that apply to
the BVWACS Party entering into this BVWACS Associate Interlocal Cooperation Agreement.
The current term of this BVWACS Associate Interlocal Cooperation Agreement shall not exceed
the current term of the Interlocal Agreement for Construction, Acquisition, Implementation,
Operations and Maintenance of a Wide Area Communications System.
BVWACS Associate may be subject to immediate suspension of this BVWACS Associate Interlocal
Agreement for violation of FCC rules and regulations, individual or repeated violations of the
BVWACS Standard Operating Procedures, or use of the BVWACS that is determined to be
inappropriate by the Governing Board.
Upon thirty (30) days written notice that specifies the existence and nature of the default, the
BVWACS Party sponsoring the BVWACS Associate may automatically terminate the participation
of BVWACS Associate. Default results from failure to comply with the BVWACS Associate
Interlocal Cooperation Agreement, including:
1. Violation of FCC rules and regulations;
2. Individual or repeated violations of the BVWACS Standard Operating Procedures; or
3. Use of the BVWACS that is determined to be inappropriate by the Governing Board.
BVWACS Associate may avoid termination if the default is cured within thirty (30) days. If the
BVWACS Associate begins to cure the default within the thirty (30) day period, the time to cure may
be extended, at the sole discretion of the sponsoring BVWACS Party, for as long as the BVWACS
Associate diligently continues to work toward completion of the cure.
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BVWACS Associate shall ensure that the persons it authorizes to use its radios and equipment are
trained in the proper use and etiquette for two-way radio communication.
BVWACS Associate shall reimburse the BVWACS Party that is the holder of an FCC license if there
is any actual or alleged violation of any FCC rule or regulation as a result of any radios or equipment
that is owned by BVWACS Associate or used by any person associated with BVWACS Associate for
all costs arising from the actual or alleged violation, including costs and attorneys fees for defense
against the allegation as well as fines and penalties incurred.
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FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT
FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTAITON, OPERATION
AND MAINTENANCE OF
THE WIDE AREA COMMUNICATIONS SYSTEM
Exhibit E – Goals and Objectives
GOALS
The goal of the Brazos Valley Wide Area Communications System is to provide voice radio and
ultimately data transmission coverage and radio communication interoperability throughout the
Service Area utilizing Infrastructure and Improvements currently provided by the Parties as well as
new Infrastructure and Improvements in accordance with this Agreement.
OBJECTIVES
1. The Brazos Valley Wide Area Communications System shall maintain an appropriate reserve
capacity based on the determination of the Governing Board.
2. The Brazos Valley Wide Area Communications System shall strive to maintain coverage at
or above 95% reliability for a portable radio worn on the hip with a speaker collar microphone
inside a –10db loss building within the Service Area.
3. To the extent practicable, the Brazos Valley Wide Area Communications System shall
maintain interoperability with other public safety and governmental radio systems within the Service
Area, the Brazos Valley Council of Governments area, regionally, statewide, and nationally.
4. The Brazos Valley Wide Area Communications System shall maintain the performance and
equipment of the BVWACS at a standard consistent with the developments in technology and the
needs of the BVWACS Parties.
5. The Brazos Valley Wide Area Communications System shall research and pursue
opportunities for assistance for funding the BVWACS through grants and other means.
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FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT
FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION
AND MAINTENANCE OF
THE WIDE AREA COMMUNICATIONS SYSTEM
Exhibit F – Monthly, Quarterly and Annual Evaluation Factors
Maintain system reserve capacity at or above the level approved by the Governing Board.
Maintain coverage at RFP’s coverage specifications.
Report number of minutes of BVWACS non-normal operation.
Report number of system busies.
Report BVWACS Support Vendor response time to system problems.
Develop shared staff performance measures.
Report peak Busy Hour for each month.
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FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT
FOR THE CONSTRCTION, IMPLEMENTATION, OPERATION AND
MAINTENANCE OF
THE WIDE AREA COMMUNICATIONS SYSTEM
Exhibit G- Governance, Operation, and Maintenance Flow Chart
and Distribution of Board Membership
BVWACS Managing
Entity
Brazos Valley Council of
Governments
BVWACS Operating Board
Bryan - 1 Member, 1 Alternate
College Station - 1 Member, 1 Alternate
Brenham - 1 Member, 1 Alternate
Brazos County - 1 Member, 1 Alternate
Washington County- 1 Member, 1 Alternate
Texas A & M University – 1 Member, 1 Alternate
BVWACS Governing Board
Bryan’s Mayor, or delegate
College Station’s Mayor or delegate
Brenham’s Mayor or delegate
Brazos County’s Judge or delegate
Washington County’s Judge or delegate
Texas A & M’s , Vice President and Associate
Provost for Information Technology, or delegate
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FIRST RESTATEMENT OF THE INTERLOCAL AGREEMENT
FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION
AND MAINTENANCE OF
THE WIDE AREA COMMUNICATIONS SYSTEM
Exhibit H – Staffing for BVWACS Program for FY 2014
Radio System Manager (100 %)
97
August 22, 2013
Consent Agenda Item No. 2f
Brazos Valley Council of Governments ILA - Renewal
To: Kathy Merrill, Interim City Manager
From: Ben Roper, IT Director
Agenda Caption: Presentation, possible action, and discussion regarding approval of the
resolution of the interlocal agreement with the City of Bryan, City of Brenham, Brazos
County, Washington County, Texas A&M University, and Brazos Valley Council of
Governments; designating the Brazos Valley Council of Governments as the Managing Entity
for the Brazos Valley Wide Area Communications System (BVWACS).
Relationship to Strategic Goals: Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the resolution.
Summary: This resolution renews for an additional five years the interlocal agreement
designating the Brazos Valley Council of Governments as the Managing Entity for the Brazos
Valley Wide Area Communications System (BVWACS) and supports and complements the
adoption of the first restatement of the interlocal agreement continuing the BVWACS. The
current ILA expires on September 30, 2013.
The ILA was approved by the BVWACS Governing Board for submission to the BVWACS
Parties on July 17, 2013.
Budget & Financial Summary:
Annual Funding for BVWACS Operations and Capital expenses is included in the IT
Department Operating Budget. FY 14 Operating and Capital expenses were approved by
Council on May 9, 2013.
Reviewed and Approved by Legal: Yes
Attachments:
BVCOG Resolution
BVWACS_BVCOG ILA
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C:\Users\tmcnutt\AppData\Local\Temp\BVWACS_BVCOG Resolution.docx8/13/20131:49:43 PM
RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN INTERLOCAL AGREEMENT AMONG THE CITY OF BRYAN, CITY OF BRENHAM, BRAZOS COUNTY, WASHINGTON COUNTY, TEXAS A&M UNIVERSITY, AND BRAZOS VALLEY COUNCIL OF GOVERNMENTS TO DESIGNATE THE BRAZOS VALLEY COUNCIL OF GOVERNMENTS AS THE MANAGING ENTITY OF THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS SYSTEM WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to perform governmental functions or services; and WHEREAS, the City of College Station, City of Bryan, City of Brenham, Brazos County, Washington County and Texas A&M University entered into an interlocal agreement for interoperable radio and data communications known as the Brazos Valley Wide Area Communications System (“BVWACS Agreement”); and WHEREAS, the Brazos Valley Council of Governments (“BVCOG”) and the parties to the BVWACS Agreement, including the City of College Station, desire the BVCOG to act as the managing entity to manage and operate such interoperable radio and data communications system pursuant to provisions of the BVWACS Agreement and pursuant to provisions of the Interlocal Cooperation Act; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the interlocal agreement among the City of Bryan, City of Brenham, Brazos County, Washington County, Texas A&M University, and Brazos Valley Council of Governments designating the Brazos Valley Council of Governments as the Managing Entity for the Brazos Valley Wide Area Communications System. A copy of such agreement is attached hereto as Exhibit “A” and incorporated herein. PART 2: That this resolution shall take effect immediately from and after its passage.. ADOPTED this _______ day of ________________________, A.D. 2013. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR
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C:\Users\tmcnutt\AppData\Local\Temp\BVWACS_BVCOG Resolution.docx8/13/20131:49:43 PM
APPROVED: _______________________________ City Attorney
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Interlocal Agreement
For Managing Entity by the BVCOG
for the Brazos Valley Wide Area Communications System
THIS INTERLOCAL AGREEMENT (“ILA”), made and entered into pursuant to the Texas
Interlocal Cooperation Act, Chapter 791, Texas Government Code (the “Act”), by and among the
Brazos Valley Council of Governments, hereinafter referred to as “BVCOG,” and the City of
Bryan, City of College Station, City of Brenham, Brazos County, Washington County, and Texas
A & M University, all political subdivisions or agencies of the state of Texas.
WHEREAS, the Brazos Valley Council of Governments (the “BVCOG”) is a regional planning
commission and political subdivision of the State of Texas operating under Chapter 391, Texas
Local Government Code; and
WHEREAS, pursuant to the Interlocal Cooperation Act codified in Chapter 791 Texas
Government Code, the BVCOG is authorized to contract with eligible entities to perform
governmental functions and services; and
WHEREAS, the City of Bryan, City of College Station, City of Brenham, Brazos County,
Washington County, and Texas A & M University, collectively hereinafter sometimes referred to
as the “BVWACS Parties” have entered into the First Restatement of the Interlocal Agreement
for the Construction, Acquisition, Implementation, Operation and Maintenance of the Brazos
Valley Wide Area Communications System to create and maintain an interoperable radio and
data communications system (the “BVWACS Agreement”); and
WHEREAS, the BVWACS Parties desire the BVCOG to supervise the performance of the
BVWACS Agreement; and
WHEREAS, the BVCOG desires to undertake the supervision of the performance of the
BVWACS Agreement as set forth in this Agreement;
NOW, THEREFORE, BVCOG and the BVWACS Parties do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The BVCOG represents that it is eligible to contract with the BVWACS Parties under the
Interlocal Cooperation Act for the purposes recited herein because it is a local government and it
possesses adequate legal authority to enter into this Agreement. Likewise, the BVWACS Parties
represent that they, too, are each local governments or political subdivisions eligible to enter into
this Agreement for the purposes recited herein.
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ARTICLE 2: APPLICABLE LAWS
The BVCOG and the BVWACS Parties agree to conduct all activities under this Agreement in
accordance with all applicable rules, regulations, and ordinances and laws in effect or
promulgated during the term of this Agreement. This includes applicable laws relating to
purchasing and bidding of products and services, maintenance of open records and use of the
Brazos Valley Wide Area Communications System in accordance with Federal Communications
Commission rules. A party to this Agreement is financially responsible for any FCC penalties,
fines or other financial encumbrances or penalties caused by the actions of its agents, employees
or representatives.
ARTICLE 3: WHOLE AGREEMENT
This Agreement and any attachments, as provided herein, constitute the complete agreement
among the parties hereto, and supersede any and all oral and written agreements among the
parties relating to matters herein.
ARTICLE 4: PERFORMANCE PERIOD
This Agreement shall be effective when approved by the governing body of the last party which
approval makes the Agreement go into effect or October 1, 2013, whichever occurs latest. It
shall remain effective until September 30, 2018, subject to the rights of termination set forth
herein. The conditions set forth below shall apply unless modified or terminated in accordance
with the provisions hereof.
ARTICLE 5: SCOPE OF SERVICES
The BVCOG agrees to perform certain services for the BVWACS Parties at specified rates and
costs as set forth in Exhibit “A-2” Scope of Services attached hereto. Additionally, the BVCOG
agrees to perform as the BVWACS Managing Entity as set forth in the BVWACS Agreement
which is attached hereto as Exhibit “A-1.”
The BVCOG will assist the BVWACS Parties in managing grant funds as set forth in Exhibit
“A”. Nothing herein shall make the BVCOG responsible for providing funding for various
projects associated with such grant or programs in the event of a shortfall.
ARTICLE 6: PAYMENTS
Pursuant to the BVWACS Agreement, upon delivery of goods or services provided and upon
presentation of properly documented statements on a quarterly basis to each of the BVWACS
Parties for their proportionate share of same, each BVWACS Party shall promptly in accordance
with the BVWACS Agreement pay the BVCOG the full amount of its respective share. All
payments for goods or services will be made from current revenues available to the BVWACS
Parties.
ARTICLE 7: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by all the parties,
except that any alternations, additions, or deletions to the terms of this Agreement which are
required by changes in Federal and State law or regulations are automatically incorporated into
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this Agreement without written amendment hereto and shall become effective on the date
designated by such law or regulation.
ARTICLE 8: TERMINATION PROCEDURES
The BVCOG or the BVWACS Parties may cancel this Agreement at any time upon ninety (90)
days written notice by certified mail to the other parties to this Agreement. The obligations of the
BVWACS Parties and of the BVCOG, including obligations to pay any invoices outstanding for
goods and/or services purchased under this Agreement, shall survive such cancellation, as well
as any other obligation incurred under this Agreement, until performed or discharged by the
responsible party.
ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
ARTICLE 10: FORCE MAJEURE
To the extent that any party to this Agreement shall be wholly or partially prevented from the
performance within the term specified of any obligation or duty placed on such party by reason
of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order
of any court, act of God, or specific cause reasonably beyond the party's control and not
attributable to its neglect or nonfeasance, in such event, the time for the performance of such
obligation or duty shall be suspended until such disability to perform is removed; provided,
however, force majeure shall not excuse an obligation solely to pay funds.
ARTICLE 11: CONSENT TO SUIT
Nothing in this Agreement will be construed as a waiver or relinquishment by any party of
its right to claim such exemptions, privileges and immunities as may be provided by law.
ARTICLE 12: NOTICES
Notices required under this Agreement must be in writing and delivered personally or sent by
certified US Mail, postage prepaid, addressed to such party at the following respective addresses:
Brazos Valley Council of Governments:
Attention: Executive Director
P.O. Box 4128
Offices: 3991 East 29th
Bryan, Texas 77805-4128
St.
City:
City of Bryan
Attention: City Manager, with a copy to the City Attorney
P. O. Box 1000
Bryan, TX 77805
City:
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City of College Station
Attention: City Manager, with a copy to the City Attorney
P. O. Box 9960
College Station, TX 77842
City:
City of Brenham
Attention: City Manager, with a copy to the City Attorney
200 West Vulcan Street
PO Box 1059
Brenham, TX 77834
County:
Brazos County
Attention: County Judge, with a copy to County Attorney
200 S. Texas Avenue
Suite 332
Bryan, TX 77803
County:
Washington County
Attention: County Judge, with a copy to County Attorney
100 East Main Street
Suite 104
Brenham, TX 77833
Texas A & M University:
Texas A & M University
Attention:Vice President and Associate Provost
For Information Technology and Chief Information Officer
1365 TAMU
College Station, TX 77843-1365
ARTICLE 13: MISCELLANEOUS
a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Brazos County, Texas. b. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. c. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all the parties. d. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities.
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e. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. f. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of all the other parties to this Agreement.
g. This Agreement is effective as of the effective date set forth above. This
Agreement may be executed simultaneously in one or several counterparts, each of which
is deemed to be an original and all of which together constitute one and the same
instrument. The counterparts may be signed in multiple originals to allow each party to
have an originally signed counterpart for each party. The Agreement has been executed
in multiple originals, each having equal force and effect, on behalf of the parties.
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THIS INSTRUMENT HAS BEEN EXECUTED IN MULTIPLE ORIGINALS BY THE
PARTIES HERETO AS FOLLOWS:
BRAZOS VALLEY COUNCIL OF
GOVERNMENTS
By:__________________________
Date:_____________
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CITY OF BRYAN
By:___________________________
Date:___________
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CITY OF COLLEGE STATION
By:
Mayor
Date:________________
ATTEST:
City Secretary
Date:_____________
APPROVED:
City Manager
Date:_____________
City Attorney
Date:_____________
Executive Director Business Services
Date:_____________
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CITY OF BRENHAM
By:___________________________
Date:________________
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10
BRAZOS COUNTY
By:___________________________
Date:_______________
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11
WASHINGTON COUNTY
By:___________________________
Date:________________
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12
TEXAS A & M UNIVERSITY
By:___________________________
Date:________________
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Interlocal Agreement
For Managing Entity by the BVCOG
for the Brazos Valley Wide Area Communications System
EXHIBIT “A-1’
SCOPE OF SERVICES
The BVCOG shall perform the following services at the following rates for the BVWACS Parties as
the Managing Entity pursuant to the BVWACS Agreement:
1. Perform as Managing Entity as set forth in the BVWACS Agreement. This includes the
following:
a. Overall management.
b.
To manage the BVWACS on a day to day basis.
Responsibilities include specific duties outlined in the BVWACS Agreement plus any other
duties as determined by the Governing Board created under such Agreement.
Management.
c.
Perform ongoing management of the construction, acquisition,
implementation, operation and maintenance of the BVWACS;
Coordination with other radio systems.
d.
Serve as principle coordinator with other
radio systems as determined by the Governing Board;
Minutes.
e.
Maintain minutes of the Governing Board and Operating Board
meetings;
Recommendations
f.
. Make recommendations to the Operating Board regarding
proper performance of the BVWACS under the terms of this Agreement;
Supervision.
g.
Supervise additional Employees as applicable;
Dispute Resolution.
h.
Assist in the administrative dispute process as set out
elsewhere in this Agreement.
Agreement copy.
i.
Maintain and make available at all reasonable times to the
Operating Board and to the Governing Board a current copy of this Agreement, including any
amendments and the most current version of all Exhibits together with copies of the most
current versions of any subsequently developed operating procedures or standards;
Financial Responsibilities.
j.
Reconcile the budget on a quarterly basis or as requested
by the Governing Board. Prepare draft budget, coordinate purchasing, conduct inventories,
assist with any audits and handle such other fiscal matters as may be directed by the Governing
Board;
Reports.
k.
Provide such performance reports, projection reports and other reports
regarding the technical, operational, fiscal and other aspects of the BVWACS as required by
the Governing Board or Operating Board;
Record Keeping.
l.
Maintain and keep current all records, legal documents, contracts,
manuals, warranties, etc. relating to the BVWACS and make same available for review by any
of the Parties upon request;
Contract Administration. Administer all contracts for the construction, acquisition,
implementation, operation and maintenance of the BVWACS;
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m. Project Management.
n.
Oversee the management of all projects relating to the
construction, acquisition and implementation of Infrastructure and Improvements to the
BVWACS;
Standard Operating Procedures.
o.
Develop, distribute and keep current standard
operating procedures for the BVWACS as directed by the Operating Board;
BVWACS Availability.
p.
Ensure operational and technical availability of the
BVWACS features to the Parties and Associates in accordance with the goals and objectives
set forth herein and that support interaction and communications with other public safety
radio systems;
Grant Administration.
Oversee the application, administration and financial
management of grant funding programs available for the construction, acquisition,
implementation, operation and maintenance of the BVWACS. This includes performing as a
recipient or sub-recipient for the BVWACS Parties in relation to such grant programs, and
such other duties as set out below.
2. Perform Grant Administration, including the following:
a. Procurement and evaluation responses resulting in specific recommendations to the
BVWACS Governing Board for the execution of grants and contracts, including receipt of
funds;
b. Recommendation to the BVWACS Governing Board for the award of subcontracts for the
provision of the services set forth for covered programs that have been approved in
accordance with the BVWACS Agreement;
c. Management, administration, and oversight of subcontracts and subcontractors’
performance, including for contracts for planning, evaluation, and monitoring;
d. Payment of all authorized grant program expenses, whether for staff or administrative
services, participant support costs, authorized subcontracted services, participant wages or
stipends, or other costs incurred in the implementation of programs;
e Reimbursement of any questioned or disallowed costs will first be demanded from the
subcontractor where the costs occurred, and making recommendations regarding possible
solutions;
f. Maintenance of financial and grant participant information records;
g. Preparation and delivery of such reports and invoices for funds as are required by the state
and federal rules, regulations, and administrative policies applicable to the program
covered under the statutes;
h. Preparation of a budget for Grant Recipient/Fiscal Agent;
i. Authority to procure service providers for services authorized in the adopted and
approved annual plans for the covered grant programs;; and
j. Provision of other duties that may be required by changes in state and/or federal rules,
regulations, and/or policies that are applicable to the covered grant program.
3. Exclusion from scope of services:
a. Conveyance of interests in real property. This does not prohibit the provision of services
relating to property acquisition, such as oversight of surveys, title work, appraisals, etc.
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EXHIBIT “A-2’
EXPENSES
Personnel
APPROVED__
FY2013 BUDGET
System Manager
91,052
BVCOG Staff
19,351
Benefits
33,941
Total Personnel
Direct Expenses
144,344
Travel
8,000
T-1 lines
109,164
Maintenance (Motorola)
258,445
Maintenance (HCRRS)
77,765
Supplies
Telephone Expense
1,400
Equipment
Contingency
Consultants
Postage, Printing, Training
Other Direct
15,000
Total Direct Expenses
Other Direct Expenses
469,774
Copier Expense
160
Postage Expense
192
Insurance
6,000
Training and Meeting Expense
2,500
Total Other Direct Expenses
Internal Service Funds
8,852
Accounting Svc ISF
4,608
System Adm ISF
10,149
Copy Fax Service ISF
513
Human Resource Management
ISF
8,535
Office Space ISF
6,552
Recept Internet Loc Ph ISF
2,307
Core Supplies ISF
1,731
Supply Procurement ISF
807
Audit Expense
1,250
Total Internal Service Funds
Total Expenses before Indirect
36,452
Indirect Expenses
659,422
Indirect Cost Expense
17,804
Total Indirect Expenses
Total EXPENSES
17,804
677,226
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FY2013 APPROVED CAPITAL BUDGET
Revenue
Beginning Balance $ 131,853
Partners’ Contributions $ 293,000
TOTAL REVENUE $ 424,853
1
Expenses
Console replacement project $ 458,553
Less: Motorola discount $
TOTAL EXPENSES $ 423,553
(35,000)
Carry forward to FY2014 $ 1,300
1
This amount will be reduced by $ 61,523.71 if BVCOG’s requested FY2012 Homeland Security
Grant for this project is received.
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August 22, 2013
Consent Agenda Item No. 2g
A Resolution Approving Parks and Recreation Department
User Fees Game Day Car and RV Parking
To: Kathy Merrill, Interim City Manager
From: David Schmitz, Director, Parks and Recreation Department
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
resolution for Parks and Recreation Department User Fees for single car and self contained
RV camping at W.A. Tarrow Park parking lot.
Relationship to Strategic Goal:
1. Financially Sustainable City
2. Core Services and Infrastructure
Recommendation: The Parks and Recreation Advisory Board and staff recommend
approval of the resolution and fees schedule as submitted.
Summary:
The City of College Station Parks & Recreation Department offers RV owners an
accessible way to enjoy College Station and a place to call home during designated
weekends. Campers will be able to enjoy convenient access to shopping, dining and Texas
A&M University.
W.A. Tarrow Park (Wayne Smith Baseball Field)
107 Holleman Drive
College Station, TX 77840
LOCATION:
FEES PER DAY:
Single Car Parking Space Permit: $10
Self Contained RV Camping Space: [No Water, No Elec.]: $30
3 night maximum
All RV permitted camping areas are available only on published weekends and have a three
(3) day maximum. RV Camping is allowed only in designated areas and only by paid permit
obtained at the College Station Parks and Recreation Department. Tent camping will be
prohibited. No RV camping permit will be issued to a minor.
Budget & Financial Summary: These fees will go into effect upon approval by City
Council.
Attachments:
1) CSTX RV Camping Reservation Request Form WA Tarrow
2) CSTX RV Camping Policies WA Tarrow
3) Resolution Setting Fees
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RV CAMPING REGISTRATION REQUEST FORM
Parks & Recreation Department | City of College Station RV CAMPING REGISTRATION REQUEST FORM for W.A. Tarrow Park (Wayne Smith Baseball Complex)
Reservation requests are handled first come, first served, based upon current availability.
Submittal of this request form does not guarantee availability for the types(s) and date(s) requested.
CUSTOMER INFORMATION |
Submittal of the signed “RV Parking Rules & Policies” and license plate numbers with state for all vehicles and
RV’s are required for registration request processing. The requestor warrants that all vehicles and RV’s
brought into the Park are properly insured pursuant to Texas law.
Name:_________________________________________________________________
Address:_______________________________________________________________
City:__________________________________ State:____________ Zip:____________
Cell Phone:_________________________ Home Phone:_________________________
E-Mail_________________________________
CATEGORIES | Please indicate the number of each type of spaces and the dates you are requesting:
Single Car Parking Space Permit | $10 per Day | # Permits: ___ Dates Requested: ____________
Self Contained RV [No Water, No Elec.] | $30 per Day | # Spaces: ___ Dates Requested: _____________
LICENSE PLATE NUMBERS & STATE| Please include all vehicles and RV’s that will be at the site.
Vehicle/RV License Plate: _____________ State: ____ | Vehicle/RV License Plate: _____________ State: ____
Vehicle/RV License Plate: _____________ State: ____ | Vehicle/RV License Plate: _____________ State: ____
Vehicle/RV License Plate: _____________ State: ____ | Vehicle/RV License Plate: _____________ State: ____
Vehicle/RV License Plate: _____________ State: ____ | Vehicle/RV License Plate: _____________ State: ____
PAYMENT |Reservation payment may be made in person or over the phone with a credit card (979) 764-3486.
MAIL COMPLETED RESERVATION REQUESTS AND REQUIRED SIGNED DOCUMENTS TO:
College Station Parks & Recreation
1000 Krenek Tap Rd.
College Station, TX 77845
Phone: (979) 764-3486 | Fax: 979.764.3737 | E-Mail: kkelbly@cstx.gov
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RV CAMPING RULES & POLICIES
Parks & Recreation Department | City of College Station RV CAMPING RULES & POLICIES
The City of College Station Parks & Recreation Department offers RV owners an accessible way to enjoy College
Station and a place to call home during designated weekends. Campers will be able to enjoy convenient access
to shopping, dining and Texas A&M University. LOCATION
W.A. Tarrow Park (Wayne Smith Baseball Field)
107 Holleman Drive
College Station, TX 77840
FEES PER DAY | 3 night maximum
Single Car Parking Space Permit | $10
Self Contained RV [No Water, No Elec.] | $30
CHECK-IN/CHECK-OUT TIMES
Check-Out: 3:00 P.M. on Sunday
Check-In: 12:00 P.M. (Noon) on Thursday
NOTE – All RV camping and car parking spaces must be vacated by 3:00 P.M. on Sunday, regardless of actual
arrival time/date. RV’s and vehicles not removed by check-out time are subject to fines and immediate towing,
at RV/vehicle owner’s sole expense.
RESERVATIONS
Reservation requests are handled first come, first served, based upon availability. To reserve a space, contact
the College Station Parks & Recreation Department at 979.764.3486 or visit Stephen C. Beachy Central Park,
1000 Krenek Tap Road, College Station, Texas 77840. Office hours are Monday-Friday, 8 a.m. to 5 p.m. All
reservations must be secured with a credit card and payment must be made in full at the time of the
reservations. The individual making a reservation request warrants that all vehicles and RV’s brought into the
Park are properly insured pursuant to Texas law. Submission of a signed copy of this document (“RV Camping
Rules & Policies”) and a completed “RV Camping Registration Request Form” are required at the time the
reservation request is made. Reservation requests that do not include these items will be considered
incomplete and will not be processed.
CANCELLATIONS
Please contact the Parks & Recreation Department at 979.764.3486, prior to the arrival date to cancel/change a
reservation. Changes to reservations are subject to availability. Cancellations made within three (3) days of
scheduled check-in are subject to a penalty equal to 20% of the total reservation fees. If cancellations or changes
are not made as indicated above, your reservation is subject to a penalty equal to 100% of the total reservation.
WEATHER CONTINGENCY
In the event of severe weather, the City of College Station reserves the right to close W.A. Tarrow Park (Wayne
Smith Baseball Field)
.
RULES & REGULATIONS
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RV CAMPING RULES & POLICIES
Parks & Recreation Department | City of College Station
All RV permitted camping areas are available only on published weekends (refer to cstx.gov/rentals) and have a
three (3) day maximum. RV Camping is allowed only in designated areas and only by paid permit obtained at
the College Station Parks and Recreation Department. TENT CAMPING IS PROHIBITED. No RV camping permit
will be issued to a minor.
Quiet Hours (noise curfew) are from 11:00 P.M. to 6:00 A.M.
The close configuration of RV camping spaces
requires that guests be good neighbors and conduct themselves in a manner that provides for the comfort and
enjoyment of all. Part of being a good neighbor means minimizing noise and disruption of others.
Permits issued by the City of College Station shall be displayed and remain visible on the RV and any additional
vehicles at all times.
Parking space is limited. One vehicle with motor home or one pickup/towing vehicle with trailer or fifth wheel
will be permitted. If available, additional parking space permits may be purchased.
Pets are allowed, but must be kept quiet and on a leash at all times when outside. Please dispose of animal
waste properly.
Campers are responsible for keeping rented spaces clean and free of trash and debris. Dispose of trash in sealed
plastic bags placed into the provided dumpsters.
Camp stoves and BBQ grills are permitted at campsites. Above-ground fire rings/tables with screens are
permitted unless Brazos County is under a burn ban. Fires must not be left unattended. Extinguish fires
completely before leaving. No person shall at any time burn trash, brush or other refuse within the Park.
No firearms, air guns, or fireworks may be discharged in the park.
No solicitors, vendors, or peddlers are allowed without written consent and City of College Station vendor
permits.
No person shall destroy or remove from the Park area any timber, wood, sticks, shrubs, vegetation, rock, sand,
gravel, caliche, or any other substance, material or geologic feature. Trimming wood from trees and gathering
wood is strictly prohibited and will result in fines and forfeiture of camping fees.
All sidewalks, drive lanes, and fire lanes must be kept clear of all generators, cords, hoses, satellite dishes,
equipment and vehicles. Improperly parked vehicles will be ticketed and towed at vehicle owner’s expense.
Children must be supervised at all times.
THERE ARE NO GRAY WATER AND NO SEWER DISCHARGE/DUMP FACILITIES IN THE PARK. Gray water/solid
waste may NOT be disposed of anywhere in the Park and shall be hauled out. No wastewater, sewage, or
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RV CAMPING RULES & POLICIES
Parks & Recreation Department | City of College Station
effluent from holding tanks, sinks, toilets or other plumbing fixtures is to be discharged in the park under any
circumstances. Failure to observe this policy shall result in immediate reservation cancellation, forfeiture of
any rental paid, removal from the park, the issuance of fines and criminal citations pursuant to City of College
Station Ordinance and state law, and subject any violator to arrest.
The City of College Station is not responsible for any lost or stolen personal property, personal injury, personal
safety, or any damages from any cause. Please secure all property and lock RV’s. All campers and guests
assume all risks associated with usage of the Park.
The City of College Station reserves the right to refuse service to or immediately remove from the Park anyone,
at any time for inappropriate behavior, threats of violence, any violation of City of College Station ordinances,
state law, or failure to follow any of the above-mentioned rules and policies.
EMERGENCY CONTACT INFORMATION [Park’s physical address is 107 Holleman Dr., College Station, TX]
EMERGENCIES – 911 (Police/Fire/Ambulance)
NON-EMERGENCIES – (979) 764-3600 (College Station Police Department)
24-HR PARK ASSISTANCE – (979) 220-9740
Please notify the City of College Station of any facility use issues
requiring immediate attention.
IN CONSIDERATION FOR BEING ALLOWED ACCESS AND USAGE OF THE PARK, OR ANY ALTERNATIVE SITE DESIGNATED BY THE CITY OF
COLLEGE STATION, I, WITH THE INTENTION OF BINDING MYSELF, MY GUESTS, MY HEIRS, EXECUTORS, ADMINISTRATORS, AND
ASSIGNS, DO HEREBY EXPRESSLY RELEASE AND DISCHARGE ALL CLAIMS, DEMANDS, ACTIONS, JUDGMENTS, AND EXECUTIONS,
WHICH I EVER HAD, OR NOW HAVE OR MAY HAVE, OR WHICH I OR MY HEIRS, EXECUTORS, ADMINISTRATORS, OR ASSIGNS MAY
HAVE, OR CLAIM TO HAVE, AGAINST THE CITY OF COLLEGE STATION, ITS DEPARTMENTS, ITS AGENTS, OFFICERS, SERVANTS,
SUCCESSORS, ASSIGNS, VOLUNTEERS, AND EMPLOYEES, CREATED BY, OR ARISING OUT OF PERSONAL INJURIES, KNOWN OR
UNKNOWN, AND INJURIES TO PROPERTY, REAL OR PERSONAL, CAUSED BY OR ARISING OUT OF, THAT SEQUENCE OF EVENTS WHICH
OCCUR FROM THE AGREEMENT AS HEREIN DESIGNATED ABOVE, OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY FROM THE
PERFORMANCE OF OR CREATED BY OR ARISING OUT OF USAGE OF CITY-OWNED PROPERTY OR PARTICIPATION IN ANY CITY ACTIVITY
DURING TIMES OF THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. I HEREBY PERSONALLY ACCEPT AND ASSUME ALL
RISK (KNOWN AND UNKNOWN) AND RESPONSIBILITY FOR ANY HARM, INJURY, DAMAGE, AS WELL AS WORST CASE INJURY
SCENARIOS (PERMANENT DISABILITY AND DEATH), TO ANY OF MY GUESTS, MYSELF, THE GUESTS’ PROPERTY, OR MY PROPERTY,
WHILE THE GUESTS OR I ARE ON CITY-OWNED PROPERTY. THIS STATEMENT, IN ITS ENTIRETY, TO THE FULLEST EXTENT PERMITTED
BY LAW, IS ALSO VALID FOR ANY MINOR OR MINORS THAT I ALLOW ON CITY-OWNED PROPERTY.
EXPRESS WAIVER
IN CONSIDERATION FOR BEING ALLOWED TO USE THE PARK, OR ANY ALTERNATIVE SITE DESIGNED BY THE CITY OF COLLEGE
STATION, I SHALL FULLY DEFEND, PROTECT, INDEMNIFY, AND HOLD HARMLESS THE CITY OF COLLEGE STATION, TEXAS, AND ITS
DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND VOLUNTEERS FROM AND AGAINST EACH
AND EVERY CLAIM, DEMAND, OR CAUSE OF ACTION AND ANY AND ALL LIABILITY, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES,
FINES, PENALTIES, COSTS, FEES, AND EXPENSES INCURRED IN DEFENSE OF THE CITY OF COLLEGE STATION, TEXAS, AND ITS
DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, AND EMPLOYEES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES AND
DEATH IN CONNECTION THEREWITH WHICH MAY BE MADE OR ASSERTED BY MY GUESTS, MYSELF, MY AGENTS, MY SUCCESSORS, MY
ASSIGNS, OR ANY THIRD PARTIES ON ACCOUNT OF, ARISING OUT OF, OR IN ANY WAY INCIDENTAL TO OR IN CONNECTION WITH
USAGE OR ACCESS TO CITY-OWNED PROPERTY OR WHILE ON CITY-OWNED PROPERTY, TO THE FULLEST EXTENT PERMITTED BY LAW.
IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE GUESTS
OR MYSELF TO INDEMNIFY AND PROTECT THE CITY OF COLLEGE STATION AND ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR
EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE CITY AND ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR
INDEMNIFICATION
121
Page 4
RV CAMPING RULES & POLICIES
Parks & Recreation Department | City of College Station
EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, OR DAMAGE.
THIS STATEMENT, IN ITS ENTIRETY, TO THE FULLEST EXTENT PERMITTED BY LAW, IS ALSO VALID FOR ANY MINOR OR MINORS THAT I
ALLOW ON CITY-OWNED PROPERTY.
I authorize the City of College Station’s employee or agent to secure medical care for my Guests or myself in the
event of injury. I agree to assume all liability for payment, and hold harmless the City, its officers, employees,
sponsors, volunteers, or agents, of all medical expenses arising from said medical care for said injury.
MEDICAL AUTHORIZATION
I hereby give the City of College Station the right to photograph, televise, video, film, and sound record the
Guests or my acts, appearances and utterances of me and to use any descriptive words, EXCLUDING my name, in
conjunction therewith and without limit as to the time, to produce and reproduce the same or any part thereof
by any method and to use for any purpose which the City deems proper. All such photographs, videos, films and
sound recording shall be the exclusive property of the City of College Station and the Guests or I hereby
relinquish all rights, title, and interest therein.
MEDIA RELEASE
QUESTIONS AND MORE INFORMATION
For any questions and for more information, contact the Parks & Recreation Department at (979) 764-3486 or
kkelbly@cstx.gov.
By signing below, I acknowledge that my Guests and I agree to all of the above stated provisions.
By: _________________________________________
(print name)
Signature: ___________________________________
Date: ___________
Address: _____________________________________
(city, state, zip)
122
123
August 22, 2013
Consent Agenda Item No. 2h
Ratify Emergency Water Line Repairs
To: Kathy Merrill, Interim City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding ratification of
construction contract 13-369 with Elliott Construction to repair the 24-inch water line at
Dartmouth and FM-2818 in the amount of $140,704.
Relationship to Strategic Goals: Core Services and Infrastructure
Recommendation: Staff recommends that Council ratify the purchase order.
Summary: To protect the health, safety and best welfare of the public, and remain in
compliance with TCEQ regulations, City Staff has repaired the 24-inch water line at
Dartmouth and FM-2818 on emergency basis, prior to Council approval. This water line is a
critical element in the water distribution system, for moving water to the south side of
College Station.
This water line was discovered leaking on July 28th
and steps were taken over the next
several days to isolate the leak and get all customers back with full time water service. As
work progressed to repair the line, the excavations began to slough, and endanger the
structural integrity of the adjacent roadways. The decision was made to cease excavation,
backfill with cement stabilized sand, and create a new bore under Dartmouth to install a
new replacement water line. This scope of work is reflected in the attached quote for a total
of $140,704.
This contract is exempt from competitive bidding pursuant to LGC 252.022(a)(2) a
procurement necessary to preserve or protect the public health or safety of the
municipalities residents. Staff authorized the additional repairs to proceed prior to Council
approval, to protect the health and welfare of the public by ensuring the proper operation of
the water distribution system. To delay the repairs would have caused serious undermining
of the adjacent roadways, and wasted millions of gallons of water. For these reasons, staff
recommends Council approve the ratification.
Budget & Financial Summary: The proposed cost of this repair is $140,704. As it was
not known when the budget was developed that this repair would be needed, the item was
not included in the FY13 Water Capital Improvement Projects Budget. Budget for this repair
in the amount of $120,000 will be transferred from the Plantation Oaks Water Line project
and budget in the amount of $20,704 will be transferred from the 3 MG Ground Storage
Reservoir Rehabilitation project. Both of these projects are complete and came in under
budget.
Reviewed and approved by Legal: Yes
Attachment:
Repair quote
124
ELLIOTT CONSTRUCTION, LTD.
P.O. BOX 510 WELLBORN, TX. 77881
PHONE (979) 690-7071 * FAX (979) 690-7152
CITY OF COLLEGE STATION
P.O. BOX 9960
COLLEGE STATION, TX. 77842
Estimate for Bore under Dartmouth & CONNECTION August 6, 2013
NO.DESCRIPTION QTY UN UNIT PRICE AMOUNT
1 36" BORE WITH CASING 100 LF 391.00 39,100.00
2 LOCKING PIPE W/SPACER & END SEALS 100 LF 271.00 27,100.00
3 24X12 TEE W/ 12" VALVE & TIE IN EX. LINE 1 LS 7,700.00 7,700.00
4 24" 45 BENDS 4 EA 2,240.00 8,960.00
5 24" DIP 120 LF 131.00 15,720.00
6 24" SLEEVE 1 EA 2,680.00 2,680.00
7 REPLACE ADA RAMPS 3 EA 1,400.00 4,200.00
8 REPLACE SIDEWALKS 300 SF 6.50 1,950.00
9 BORE IN NEW ELECTRIC CONDUIT 1 LS 4,100.00 4,100.00
10 LABOR & EQUIPMENT AS OF 8-7-13 1 LS 25,094.00 25,094.00
11 INSUREANCE & BONDS 1 LS 4,100.00 4,100.00
140,704.00
PDF created with pdfFactory Pro trial version www.pdffactory.com125
August 22, 2013
Consent Agenda Item No. 2i
Exemption for Wellborn Wheeling ILA
To: Kathy Merrill, Interim City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding approval for
City Manager to expend up to $75,000 in FY-13 under the Wellborn SUD Wheeling ILA.
Relationship to Strategic Goals: Core Services and Infrastructure
Recommendation: Approval of the exemption.
Summary: On June 28, 2012 City Council approved an Inter-Local Agreement with
Wellborn Special Utility District (WSUD) to “wheel” water. Under this agreement, WSUD
pumps raw well water into the City’s well-field collection system, and then gets the water
back at the interconnects on the south side of College Station. The City pays a discounted
volumetric charge for water entering the City’s system, and then WSUD pays full
commercial rates for the water they withdraw from the system.
In May 2013, WSUD completed the infrastructure work required to implement the wheeling
agreement, and they began pumping water into the City’s system. For the remainder of FY-
13, we expect the total cost will not exceed $75,000.
Since these costs are required to execute the ILA, staff recommends approval.
Budget & Financial Summary: No impact to Budget, this arrangement generates a small
revenue source for the Water Fund.
Reviewed and Approved by Legal: Not required
Attachment:
None
126
August 22, 2013
Consent Agenda Item No. 2j
Professional Audit Services Renewal
To: Kathy Merrill, Interim City Manager
From: Jeff Kersten, Executive Director Business Services
Agenda Caption: Presentation, possible action, and discussion regarding the renewal of
contract 09-268 between the City of College Station and Ingram, Wallis & Co., P.C. in the
amount of $95,000.00 for the purposes of Professional Auditing Services for the fiscal year
ending on September 30, 2013.
Relationship to Strategic Goals: Financially Sustainable City
Recommendation(s): Staff recommends approval of the contract renewal agreement with
Ingram, Wallis & Co. for the fiscal year ending September 30, 2013 and authorization for
the City Manager to execute the contract.
Summary: In May 2009, staff solicited proposals for professional auditing services for the
fiscal year ending September 20, 2009 with the option of renewing the engagement for up
to four (4) subsequent years. The audits are to be performed in accordance with generally
accepted auditing standards, the standards set forth for financial audits in the General
Accounting Office’s (GAO) Government Auditing Standards (2007), the provisions of the
federal Single Audit Act of 1984 (as amended in 1996), and the provisions of the U.S. Office
of Management and budget (OMB) Circular A-133, Audits of States, Local Governments, and
Non-Profit Organizations.
The Audit Committee recommended Ingram, Wallis & Co. and on July 23, 2009, City Council
selected them to be the City’s external auditor and approved a letter agreement with them
for the fiscal year ending September 30, 2009, with the potential for extending the
agreement annually for up to four additional years.
This is the fourth and final renewal.
Budget & Financial Summary: Funds are available and budgeted in the General Fund,
and in the Community Development Budget
Reviewed and Approved by Legal: Yes
Attachments: Signed letter of renewal
127
128
August 22, 2013
Consent Agenda Item No. 2k
Bryan/College Station Chamber of Commerce Funding Agreement
To: Kathy Merrill, Interim City Manager
From: Jeff Kersten, Executive Director Business Services
Agenda Caption: Presentation, possible action and discussion on approving the
Hotel Tax Fund funding agreement between the City of College Station and the
Bryan/College Station Chamber of Commerce for FY13 totaling $25,000, and
approving the budget for the Bryan/College Station Chamber of Commerce related to
the Hotel Tax funding.
Recommendation(s): Staff recommends approval of the Chamber funding
agreement.
Summary: As part of the 2012-2013 budget process the City Council approved
outside agency funding for the Bryan/College Station Chamber of Commerce in the
amount of $25,000 to come from the Hotel Occupancy Tax Fund.
The Chamber of Commerce continues to promote, advocate and refer the City of
College Station as a tourism, sporting event and meeting place destination through
numerous media sources, radio, television and print. Chamber staff also travels to
other areas of the state to promote College Station and the many meetings,
activities and events held annually within the community.
This funding will be used to offset a portion of the costs of the annual Economic
Outlook Conference, and the Annual Chamber of Commerce banquet which are held
at a local hotel and conference center.
Budget & Financial Summary: The funds for this agreement are budgeted and
available in the 2012-2013 Hotel Tax Fund budget in the amount of $25,000.
Legal Review: Yes
Attachments:
1. Bryan/College Station Chamber of Commerce Hotel Tax Fund Funding
Agreement (available in City Secretary’s Office)
2. Bryan/College Station Chamber of Commerce budget related to Hotel Tax
funding (available in City Secretary’s Office)
129
August 22, 2013
Consent/ Agenda Item No. 2L
Auto & Truck Paint & Body Repair Contract Renewal
To: Kathy Merrill, Interim City Manager
From: Chuck Gilman, P.E., PMP, Public Works Director
Agenda Caption: Presentation, possible action and discussion regarding the renewal of
service contract 11-307 with Cal’s Body Shop for annual automobile and truck paint and
body repairs in an amount not to exceed $60,000.00.
Relationship to Strategic Goals:
1. Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the renewal of the service
agreement.
Summary: The Fleet Division of Public Works Department does not have the internal
recourses to make automotive paint and body repairs to damaged vehicles in our fleet. In
FY11, staff solicited sealed competitive bids for this service. Four sealed bids were received
and Cal’s Body Shop submitted the lowest responsible bid. Cal’s Body Shop agrees to the
second (final) renewal in an amount not to exceed $60,000.00.
The table below shows budget and actual expenditures for three prior years:
Year Budget Actual Spent
2011 $56,239 $56,239
2012 $60,000 $60,139
2013 YTD $60,000 $55,379
Budget & Financial Summary: Funds are available in the Property and Casualty Fund.
Reviewed and Approved by Legal: Yes
Attachments:
1. Renewal Form
130
131
132
133
August 22, 2013
Consent Agenda Item No. 2m
Renewal of Annual Price Agreement for Type D Hot Mix Asphalt Installed
To: Kathy Merrill, Interim City Manager
From: Chuck Gilman, P.E., PMP, Public Works Director
Agenda Caption: Presentation possible action and discussion regarding the renewal of
Contract 12-254 with Brazos Paving Inc. for the Purchase and Installation of Type D Hot Mix
Asphalt in the amount of $944,200.00.
Relationship to Strategic Goals:
1. Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the contract renewal.
Summary: On June 21, 2012 four (4) competitive bids were received and evaluated for the
installation of Type D Hot Mix Asphalt. Brazos Paving was the lowest responsible bidder, and
on July 26, 2012 Council approved the award of Contract 12-254 with a not to exceed
amount of $923,200.00.
Brazos Paving has requested an increase of 1.026% because of an increase in material cost.
This increase is within the allowed percentage, and increases the not to exceed amount to
$944,200.00. This is the first of two possible renewal agreements.
Budget Financial Summary: Funds are budgeted and available in the Street Maintenance
Fund.
Reviewed and Approved by Legal: Yes
Attachments:
1. Renewal Agreement
134
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
-------
------
RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the Annual Purchase Agreement for the Installation of Type D Hot Mix and Emulsion as stated in BID 12-073, Contract 12-254 and in accordance with all terms and conditions previously agreed to and accepted, with a vendor requested increase of 1.026% for line item one (1), Type D Hot Mix Installed. The price for line item one (1) will increase to $81.80/ton. The new total not to exceed amount will be Nine Hundred Forty Four Thousand Two Hundred Dollars and 00/1 00 ($944,200.00), for an overall increase of 0.98%.
I understand this renewal term will be for the period beginning August 22, 2013 through August
21, 2014.This is the first renewal.
BRAZOS PAVING, INC.
BY~~L
Printed Nam~~e:-Y1~<)TItle: <e"'~" ' ~
Date: r-.
CITY OF COLLEGE STATION
City Manager
Date:
APPROVED:
lty Attorney
Date:6WV!3
Executive Director Business Services
Date:
135
August 22, 2013
Consent Agenda Item No. 2n
Loading Zone on University Drive at College Main
To: Kathy Merrill, Interim City Manager
From: Chuck Gilman, P.E., PMP, Public Works Director
Agenda Caption: Presentation, possible action, and discussion of an ordinance amending
Chapter 10 “Traffic Code”, to create a loading zone on University Drive east of College Main
to as much as possible, meet the desires of the area merchants and the Memorandum of
Understanding between the City of College Station and the Northgate District Association
(NDA).
Relationship to Strategic Goals:
1. Improving Mobility
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: As part of the public meetings held for the University Drive Pedestrian Safety
Improvement Project, merchants expressed a desire to have a commercial loading zone on
University Drive between College Main and Lodge Street. This would provide an area for
commercial vehicles to make deliveries to the adjacent businesses without parking in the
travel lanes of University Drive and creating congestion.
The creation of the loading zone was included as one of the deliverables in the
Memorandum of Understanding (MOU) between the City of College Station and the
Northgate District Association (NDA). According to the MOU, the NDA would obtain the
right-of-way needed for the loading zone, and the Texas Department of Transportation and
the City were to construct a loading zone. Construction of the loading zone was complete in
August 2012; however, not all of the property needed for the loading zone could be
acquired by the NDA, or by the City. Therefore, a loading zone on the property that was
dedicated to the City for this purpose will be created with the passage of this ordinance.
According to the proposed ordinance, only Commercial Motor Vehicles may stop and stand,
with an unattended vehicle for active loading or unloading.
The loading zone will extend from the end pedestrian ramp approximately 47 feet east of
the center of the College Main right of way and extend east 66 feet toward Lodge Street.
With the completion of this project and approval of the ordinance, loading zone signs will be
installed and the area will be enforced by the City according to the proposed ordinance.
Additionally, the existing white tubular markers preventing vehicles from accessing the area
will be reconfigured to delineate the commercial loading zone.
Budget & Financial Summary: The expense associated with the creation of the loading
zone signs will be covered by the Public Works Traffic Operations budget.
Reviewed and Approved by Legal: Yes
Attachments:
1. Ordinance
2. Map
136
137
138
139
140
40 ftTransition66 ftLoading Zone
Proposed University Drive Loading Zone
141
August 22, 2013
Regular Agenda Item No. 1
Public Hearing for FY2013-2014 Proposed Budget
To: Kathy Merrill, Interim City Manager
From: Jeff Kersten, Executive Director, Business Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on the
City of College Station FY2013-2014 Proposed Budget.
Recommendation(s): Hold public hearing on Proposed Budget and receive citizen input.
Provide direction to staff on budget.
Summary: The City Charter requires that the City Council call and hold a public hearing on
the proposed budget; and that after such public hearing, the Council may insert or decrease
items so long as the total of any increases and insertions do not increase the total budget
by more than 3%.
The Proposed Budget was presented to the City Council on August 08, 2013. Three budget
workshops were scheduled to review the proposed budgets on August 19th, August 20th, and
August 21st
(if needed).
On August 8, 2013, the City Council called a public hearing on the FY2013-2014 Proposed
Budget. A notice announcing the public hearing was published in accordance with City
Charter and State Law requirements.
The FY2013-2014 Budget is scheduled to be adopted on September 12, 2013.
Budgetary and Financial Summary: The following is an overall summary of the proposed
budget.
Subtotal Operation and Maintenance: $215,769,002
Total Proposed Budget: $255,408,261
Subtotal Capital: 39,639,259
Attachments: Please bring FY2013-2014 Proposed Budget.
142
August 22, 2013
Regular Agenda Item No. 2
The Barracks II Rezoning
To: Kathy Merrill, Interim 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 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
approximately 59 acres for the property located in the Crawford Burnett League Abstract
No. 7, College Station, Brazos County, Texas. Said tract being a portion of the remainder of
a called 108.88 acre tract as described by a deed to Heath Phillips Investments, LLC,
Recorded in Volume 9627, Page 73 of the Official Public Records of Brazos County, Texas,
more generally located at 3100 Haupt Road from PDD Planned Development District to PDD
Planned Development District with additional uses and amendments to the previously
approved concept plan for the Barracks II.
Relationship to Strategic Goals: Diverse Growing Economy
Recommendation(s): The Planning and Zoning Commission considered this item at
their August 1, 2013 meeting and voted 6-0 to recommend approval of the rezoning
request. Staff also recommended approval of the request.
Summary: The proposed rezoning is an amendment to a portion of the previously
approved PDD Planned Development District zoning to revise the concept plan and add
additional uses.
In June 2011, 108 acres was rezoned from A-O Agricultural Open to PDD Planned
Development District and included a mix of commercial and single-family attached
(townhome) and single-family detached residences. The original proposal included a wake
board ski facility within two of the detention pond areas. At the Planning & Zoning
Commission and City Council meetings concerns were expressed about the proposed wake
board facilities, specifically regarding light, noise, buffers and whether the use was
appropriate for the area. City Council approved the rezoning with the condition that the
wakeboard use be removed. In April 2012, a revised PDD Planned Development District
rezoning was approved that adjusted the configuration of the concept plan and added
recreation facility uses consisting of two 2-tower cable wakeboard ski systems as well as
other water recreation uses.
The developer is requesting the rezoning amendment to revise a portion of the Barracks II
development (59 acres) to provide additional uses, which include a micro-brewery, rental
condo units and development sales office. Additionally, the rezoning revises the original
approved layout to realign streets/alleys adjacent to the park areas, reduces the amount of
commercial acreage along Old Wellborn Road, and adds three blocks of townhomes.
REVIEW CRITERIA
The Comprehensive Plan designates the subject property as General Suburban and is
located in Growth Area 5. It states that the area between Cain Road and Rock Prairie Road
should be used for General Suburban activities, including high-density single-family lots
(minimum 5,000 square feet), townhomes, duplexes, as well as suburban or neighborhood
commercial and office uses.
The property is currently zoned PDD Planned Development District, allowing for a mixture of
single-family residences, offices and commercial development. Residential uses are capped
at a proposed density of 8.50 units per acre and will continue the type of residential
development immediately to the south of the subject property, which are zoned and
developed for single-family residences and townhomes. These properties include The
Barracks, a townhome development, as well as the Williamsgate and Buena Vida
subdivisions that are zoned R-1 Single-Family Residential.
Commercial uses are primarily proposed to be located along Old Wellborn Road, which is
parallel to the existing railroad tracks. Through the PDD, additional controls are being
applied that address issues related to architectural design, size, scale, and buffering as well
other specific items.
Additional uses beyond what are currently allowed under the C-3 Neighborhood Commercial
designation were approved with the original rezoning. These uses include a shooting range-
indoor, car wash, commercial garden/greenhouse/landscape maintenance, commercial
amusement, office and retail sales/service with storage areas being greater than 50% of the
space, and self-storage allowing the storage of equipment, materials, recreational vehicles,
or boats in buildings with at least three enclosed sides. As mentioned previously, additional
standards have been included to address issues of design, size, scale and buffering.
The proposed revised PDD zoning includes the addition of micro-industrial uses (specifically
a micro-brewery), short-term rental condos that will not to exceed 20 units (akin to a small
hotel contained within the recreational facility building) and a development sales office all
located within the recreation facility area.
REVIEW OF CONCEPT PLAN
Modifications from the previously approved concept plan include the addition of uses,
realignment of streets/alleys around the parks, reduction in the amount of acreage for
commercial development and the addition of three blocks of townhomes. The additional
uses consist of a development sales office, micro-brewery, and rental condo units that are
limited to no more than 20 units. Other changes include increasing the restaurant size from
3,500 square feet to 5,000 square feet, and increasing the number of cable wake board ski
systems from two to three.
The applicant has provided the following information related to the purpose and intent of
the proposed zoning district:
“The Barracks II Subdivision was previously granted PDD Zoning to develop a
residential community for students in the 18-30 year age range. The planned
development includes a mixture of housing options and commercial businesses that
cater to the student population. The intent has not changed. This rezoning request
merely adds another allowable use to the existing PDD Zoning. The Recreation
Center and ski facility are intended to enhance the marketability of this mixed use
development to buyers in the target demographic.”
In accordance with this purpose statement, the Concept Plan includes a mixture of
residential, commercial and office uses. Commercial uses are proposed along portions of Old
Wellborn Road. These areas will be limited to C-3 Neighborhood Commercial uses, with
additional allowed uses consisting of a shooting range –indoor, car wash, commercial
garden/greenhouse/landscaping, commercial amusement, office and retail sales/service
with storage areas being greater than 50%, and self-storage allowing equipment, materials,
recreational vehicles and boats in a building enclosed on three sides. These uses would be
limited to commercial tracts 2 and 3, which are located along Old Wellborn Road.
Additionally, commercial tract 3 is the only commercial tract where self-storage units would
be permitted. As proposed, restaurants would not be a permitted use in Commercial Tracts
2 and 3. All commercial structures will be required to be in compliance with the Non-
Residential Architectural Standards as well as being compatible in size, roof type and pitch,
materials, and architecture with the surrounding residential uses. A recreation center that
includes a Wake Board Ski Park is proposed to utilize two of the three detention ponds that
are necessary to serve the development. The recreation center, which includes offices, a pro
shop, a 5,000 square foot restaurant, micro-brewery, rental condo units and a development
sales office, will be required to meet all UDO requirements.
Residential uses consisting of townhomes are proposed for the remainder of the site.
Residential density has increased from a max of 8.45 dwelling units per acres to 8.5. The
townhomes are proposed to be located around a 1.62 acre park at the center of the
development with an additional 2.25 acres of park land located around the perimeter of the
townhomes. As mentioned previously, the layout of the development has changed from the
previously approved concept plan. Layout changes have been made in order to realign
streets/alleys located near the park areas, reduce the amount of commercial acreage, as
well as to add three blocks of townhomes along Old Wellborn Road.
At time of site plan and plat, the project will need to meet all applicable standards required
by the UDO except those discussed below. Staff is currently undertaking an effort to create
new zoning districts to implement the different character areas envisioned by the
Comprehensive Plan. In the absence of a defined General Suburban zoning district, the
applicant and staff have negotiated through various standards to seek to attain a general
suburban style that is appropriate for this portion of the City, while seeking to retain
flexibility for both parties.
Base Zoning and Meritorious Modifications
The applicant has proposed to continue to utilize R-3 Townhouse and C-3 Light Commercial
as the base, underlying zoning districts for standards that are not identified in the PDD. The
existing PDD zoning was approved with meritorious modifications that will carry over with
this rezoning amendment. No new modifications are being requested or altered with this
rezoning amendment. At the time of site plan and plat, the project will need to meet all
applicable site, architectural and platting standards required by the Unified Development
Ordinance except where meritorious modifications were granted with the PDD zoning.
Budget & Financial Summary: N/A
Reviewed and Approved by Legal: Yes
Attachments:
1. Background Information
2. Aerial & Small Aerial Map (SAM)
3. Draft Planning & Zoning Commission Minutes – August 1, 2013
4. Rezoning Map
5. Concept Plan
6. Ordinance
BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: August 1, 2013
Advertised Council Hearing Dates: August 22, 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:
Barracks at Rock Prairie Owner’s Association
Buena Vida Owner’s Association
Property owner notices mailed: 99
Contacts in support: None at time of staff report
Contacts in opposition: None at time of staff report
Inquiry contacts: 1
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Urban – Growth Area
5
A-O Agricultural Open Vacant
South General Suburban –
Growth Area 5
R-1 Single-Family
Residential; R-3
Townhouse; A-O
Agricultural Open
Townhomes (The
Barracks), single-
family residences
(Williamsgate
Subdivision and
Buena Vida
Subdivision)
East 6-lane Major Arterial
on Thoroughfare Plan
Old Wellborn Road,
Railroad tracks and
FM 2154
West General Suburban –
Growth Area 5, Major
Collector on
Thoroughfare Plan
PDD Planned
Development District;
A-O Agricultural Open
Townhomes, single-
family residences
(Barracks II
Development), Vacant
DEVELOPMENT HISTORY
Annexation: 2002
Zoning: A-O Agricultural Open upon annexation (2002)
A-O Agricultural Open to PDD Planned Development District
(2011)
PDD Planned Development District to PDD Planned Development
District (2012)
Final Plat: Barracks II Phase 300; Barracks II Phase 100 and 101 are final
platted and are adjacent to the property proposed for rezoning.
Site development: A portion of Barracks II Phase 300 has been developed and
adjacent areas to the property proposed for rezoning have been
developed (Barracks II Phase 100 and 101).
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August 1, 2013 P&Z Regular Meeting Minutes Page 1 of 2
PLANNING & ZONING COMMISSION
MINUTES
Regular Meeting
August 1, 2013, 7:00 p.m.
City Hall Council Chambers
College Station, Texas
COMMISSIONERS PRESENT: Mike Ashfield, Jodi Warner, Bo Miles, Brad Corrier,
Jerome Rektorik, and Jim Ross
COMMISSIONERS ABSENT: Vergel Gay
CITY COUNCIL MEMBERS PRESENT: Karl Mooney
CITY STAFF PRESENT: Bob Cowell, Jennifer Prochazka, Matt Robinson, Morgan Hester,
Teresa Rogers, Jenifer Paz, Alan Gibbs, Carol Cotter, Danielle Singh, Joe Guerra, Roberta Cross,
April Howard, and Brittany Caldwell
1.
Chairman Ashfield called the meeting to order at 7:04 p.m.
Call Meeting to Order
2.
3.
Pledge of Allegiance
No one spoke.
Hear Citizens
4.
Consent Agenda
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 approximately
59 acres for the property located in the Crawford Burnett League Abstract No. 7, College
Station, Brazos County, Texas. Said tract being a portion of the remainder of a called
108.88 acre tract as described by a deed to Heath Phillips Investments, LLC, Recorded in
Volume 9627, Page 73 of the Official Public Records of Brazos County, Texas, more
generally located at 3100 Haupt Road from PDD Planned Development District to PDD
Planned Development District with additional uses and amendments to the previously
approved concept plan for the Barracks II. Case #13-00900122 (M. Robinson) (Note:
Final action on this item is scheduled for the August 22, 2013 City Council Meeting -
subject to change)
Regular Agenda
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August 1, 2013 P&Z Regular Meeting Minutes Page 2 of 2
Senior Planner Robinson presented the rezoning and recommended approval.
There was general discussion amongst the Commission regarding the rezoning.
Commissioner Ross asked why there was an additional cable system.
Heath Phillips, applicant, stated that he realized the lake was larger than was anticipated.
He said that the additional system would be the same two-tower cable system that is
currently installed.
Chairman Ashfield opened the public hearing.
No one spoke during the public hearing.
Chairman Ashfield closed the public hearing.
Commissioner Ross motioned to recommend approval of the rezoning.
Commissioner Corrier seconded the motion, motion passed (6-0).
There was no discussion regarding future agenda items.
6. Adjourn.
The meeting was adjourned at 7:38 p.m.
Approved: Attest:
______________________________ ________________________________
Mike Ashfield, Chairman Brittany Caldwell, Admin. Support Specialist
Planning & Zoning Commission Planning & Development Services
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