HomeMy WebLinkAbout05/12/2014 - Regular Agenda Packet - City CouncilCity Council Regular
College Station, TX
Meeting Agenda
1101 Texas Ave
College Station, TX 77840
City Hall Council Chambers 7:00 PM Monday, May 12, 2014
1. Pledge of Allegiance, Invocation, Consider absence request.
Presentation:
Presentation to the Bicycle, Pedestrian and Greenways Advisory Board proclaiming
May as National Bike Month.
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 t he 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.
Presentation, possible action, and discussion of minutes for:
·April 24, 2014 Workshop
·April 24, 2014 Regular Council Meeting
14-417 2a.
WKSHP042414 DRAFT Minutes.pdf
RM042414 DRAFT Minutes.pdf
Attachments:
Page 1 College Station, TX Printed on 5/8/2014
May 12, 2014 City Council Regular Meeting Agenda
Presentation, possible action and discussion as it relates to the
appointment of a member, representing the City of College Station, to the
Aggieland Humane Society board.
14-389 2b.
Peggy Sherman Resume Attachments:
Presentation, possible action and discussion regarding the approval of a
resolution reappointing Brian Hilton as the Emergency Management
Coordinator.
14-401 2c.
Resolution.pdf
Notification.pdf
Government Code.pdf
Attachments:
Presentation, possible action, and discussion to award Contract 14-156 to
Freese & Nichols, Inc. in the amount of $249,990 to update the City of
College Station’s Water System Master Plan.
14-404 2d.
Contract.pdf Attachments:
Presentation, possible action, and discussion regarding the City’s Texas
Commission on Environmental Quality (TCEQ) General Permit to Discharge
under the Texas Pollutant Discharge Elimination System (TPDES) No.
TXR040000.
14-410 2e.
Resolution
Notice of Intent (NOI) and Checklist
2013 Stormwater Management Plan
Attachments:
Presentation, possible action, and discussion regarding the rejection of all
bids submitted for Invitation to Bid (ITB) 14-044, Purchase of Bio-Corridor
Area Transformers.
14-418 2f.
Presentation, possible action, and discussion concerning the City Internal
Auditor’s Ringer Library Operations Audit.
14-421 2g.
Presentation, possible action, and discussion regarding approval of a
contingency transfer in the amount of $30,000 for the purchase and
installation of radio repeaters in front line Fire Department response
vehicles.
14-422 2h.
Fire Dept Repeater contingency xfer.pdf Attachments:
Regular Agenda
Page 2 College Station, TX Printed on 5/8/2014
May 12, 2014 City Council Regular Meeting Agenda
At the discretion of the Mayor, individuals may be allowed to speak on a Regular Agenda
Item. Individuals who wish to address the City Council on a regular agenda item not
posted as a public hearing shall register with the City Secretary prior to the Mayor's
reading of the agenda item. Registration forms are available in the lobby and at the desk
of the City Secretary.
Individuals who wish to address the City Council on an item posted as a public hearing
shall register with the City Secretary prior to the Mayor's announcement to open the public
hearing.· The Mayor will recognize individuals who wish to come forward to speak for or
against the item. The speaker will state their name and address for the record and allowed
three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining
to conclude remarks. After a public hearing is closed, there shall be no additional public
comments. If Council needs additional information from the general public, some limited
comments may be allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in
the official minutes as being in support or opposition to an agenda item, the individual may
complete the registration form provided in the lobby by providing the name, address, and
comments about a city related subject. These comments will be referred to the City
Council and City Manager.
Public hearing, presentation, possible action, and discussion regarding an
ordinance amending Chapter 12, “Unified Development Ordinance,” Section
12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of
College Station, Texas, by changing the zoning district boundaries from GC
General Commercial and OV Corridor Overlay to PDD Planned
Development District for approximately 8 acres in the Chimney Hill Retail
Plaza Lots 1-4, Block 1, generally located at 701 & 715 University Drive
East.
14-4071.
Background Information.docx
Aerial & SAM.docx
Proposed Concept Plan.pdf
Ordinance.docx
Attachments:
Public Hearing, presentation, possible action, and discussion regarding an
ordinance amending Chapter 4, “Business Regulations”, of the Code of
Ordinances of the City of College Station, Texas, by amending Section 4-13
“Oil and Gas Regulations”, Subsection A. “Definitions” and Subsection F.
“Permit Classifications”, Part 4 “Seismic Permit” and amending Chapter 14,
“Service Fees”, of the Code of Ordinances of the City of College Station,
Texas, by amending Section 14-6 “Development Services”, Subsection A.
“Oil and Gas Development Application Fees” by adding Subpart (5) Seismic
Survey Permit fee. A Resolution of the City Council of the City of College
Station, Texas, adopting fees related to seismic survey permitting.
14-4092.
Page 3 College Station, TX Printed on 5/8/2014
May 12, 2014 City Council Regular Meeting Agenda
Ord Amendment Ch 4 & Ch 14 5-2-2014.docx
License Agmt 5-2-2014.docx
Resolution 5-2-2014.docx
Attachments:
3. Adjourn.
The City Council may adjourn into Executive Session to consider any item listed on this
agenda if a matter is raised that is appropriate for Executive Session discussion. An
announcement will be made of the basis for the Executive Session discussion.
Page 4 College Station, TX Printed on 5/8/2014
1101 Texas Ave
College Station, TX 77840College Station, TX
Legislation Details (With Text)
File #: Version:114-417 Name:Minutes
Status:Type:Minutes Consent Agenda
File created:In control:4/25/2014 City Council Regular
On agenda:Final action:5/12/2014
Title:Presentation, possible action, and discussion of minutes for:
··April 24, 2014 Workshop
··April 24, 2014 Regular Council Meeting
Sponsors:
Indexes:
Code sections:
Attachments:WKSHP042414 DRAFT Minutes.pdf
RM042414 DRAFT Minutes.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion of minutes for:
··April 24, 2014 Workshop
··April 24, 2014 Regular Council Meeting
Relationship to Strategic Goals:
··Good Governance
Recommendation(s): Approval
Summary: None
Budget & Financial Summary: None
Attachments:
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WKSHP042414Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
APRIL 24, 2014
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Steve Aldrich
Karl Mooney
John Nichols
Julie Schultz
James Benham, via remote
City Staff:
Kelly Templin, City Manager
Carla Robinson, City Attorney
Chuck Gilman, Deputy City Manager
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 Berry at 6:03 p.m. on Thursday, April 24, 2014 in the Council Chambers of the City of
College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840.
2. Executive Session
There was no Executive Session.
3. Take action, if any, on Executive Session.
There was no Executive Session.
4. Presentation, possible action, and discussion on items listed on the consent agenda.
2h and 2i: Dave Coleman, Director of Water Services, noted that the City has done an excellent
WKSHP042414Minutes Page 2
job with water conservation due to the efforts of Jennifer Nation.
Jennifer Nations, Water Conservation Coordinator, provided some clarification on the Water
Conservation Plan and the amendments to Section 9 of the Code of Ordinances, Drought
Contingency and Water /Emergency Plan. These may be viewed on the website.
2c: Ben Roper, Director of Technology Services, clarified what this item was really about and
how much it would save the City through the transition.
2j: Ben Roper, Director of Technology Services, said this is not specifically related to the ERP
project. This will address centralization of electronic storage.
2l: Jeff Kersten, Assistant City Manager, noted the total budget for the project is $1.5 million,
with College Station providing $225,000 from HOT funds. City Attorney Carla Robinson noted
that the Funding Agreement and budget were not in the packet and are now on the dais.
2m: Carla Robinson, City Attorney, noted that a new resolution is on the dais for their
consideration tonight.
2n: Carla Robinson, City Attorney, noted that if the Council approves the BVWACS budget
tonight, it will be conditioned on the approval of the governing board’s approval.
5. Presentation, possible action and discussion regarding the Play for All Inclusive
Park/Playground to be located within Stephen C. Beachy Central Park.
David Schmitz, Director of Parks and Recreation, noted this is a destination playground
designed for full inclusion of special needs children. The park project is a joint effort of the
College Station Rotary Club, the College Station Noontime Lions Club, and the City of
College Station.
Staff recommended support of this project.
MOTION: Upon a motion made by Councilmember Nichols and a second by
Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to
enthusiastically endorse the project. The motion carried unanimously.
6. Presentation, possible action and discussion regarding the installation of radio repeaters
in the front line Fire response vehicles.
Eric Hurt, Fire Chief, outlined the current problems with the radio system and the steps being
taken to improve radio communications.
Staff recommended the continuation of the plan as outlined in the presentation.
MOTION: Upon a motion made by Councilmember Schultz and a second by
Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to
WKSHP042414Minutes Page 3
proceed with the purchase and installation of the radio repeaters in the front line Fire response
vehicles. The motion carried unanimously.
7. Presentation, possible action, and discussion on the upcoming FY 15 Budget process.
Jeff Kersten, Assistant City Manager, updated the Council on the FY15 budget process and
reviewed some of the key budget policies. The proposed budget review calendar for FY was
also discussed.
8. Council Calendar
April 28 Frank Simpson Children's Education Fund Celebrity Golf Tournament
& Dinner at Houston Oaks Country Club - Hockley, Texas, 10:30 a.m.
April 29 Proclamation Presentation Community Foundation of the Brazos Valley:
Caroline and Tom McDonald for the 2014 Tribute Luncheon at CS
Hilton, 11:30 a.m.
April 30 Groundbreaking-Veterinary & Biomedical Education Complex and
Grand Opening Thomas G. Hildebrand, DVM '56 Equine Complex at
Equine Complex Parking Lot - Shuttle Service, 1:30 p.m.
May 1 P & Z Workshop/Regular Meeting in Council Chambers, 6:00 p.m.
(Liaison, Karl Mooney)
May 2 Keep Brazos Beautiful 2014 Annual Awards Gala at CS Hilton, 6:00 p.m.
May 3 11th Anniversary of Derby Day 2014 at CS Hilton, 4:00 p.m.
May 5 Bicycle, Pedestrian & Greenways Advisory Board Meeting in Council
Chambers, 3:00 p.m.
May 12 Executive Session/Workshop/Regular Meeting at 4:00, 6:00 & 7:00 p.m.
Council reviewed the calendar.
9. 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.
There were no future agenda items.
10. 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
WKSHP042414Minutes Page 4
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 Schultz reported on the RVP tour of the Port of Houston.
Councilmember Brick reported on the Transportation Committee and the BCS Chamber of
Commerce Transportation Committee.
Councilmember Aldrich reported on the Arts Council.
Mayor Berry reported on the RVP.
11. Adjournment
MOTION: There being no further business, Mayor Berry adjourned the workshop of the
College Station City Council at 7:38 p.m. on Thursday, April 24, 2014.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
RM042414 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
APRIL 24, 2014
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Steve Aldrich
Karl Mooney
John Nichols
Julie Schultz
James Benham, via remote
City Staff:
Kelly Templin, City Manager
Carla Robinson, City Attorney
Chuck Gilman, Deputy City Manager
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 t o
order by Mayor Berry at 7:46 p.m. on Thursday, April 24, 2014 in the Council Chambers of the
City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840.
1. Pledge of Allegiance, Invocation, consider absence request.
Presentation proclaiming May 4- 10, 2014 as Municipal Clerks Week.
Mayor Berry presented a proclamation to the staff of the City Secretary’s Office, proclaiming
May 4-10, 2014 as Municipal Clerks Week.
Citizen Comments
There were no Citizen Comments.
RM042414 Minutes Page 2
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
April 10, 2014 Workshop
April 10, 2014 Regular Council Meeting
2b. Presentation, possible action, and discussion regarding approval of a contract between
the City of College Station and BerryDunn in the amount not to exceed $645,638.00 for the
purposes of providing Project Management services for the replacement of the City’s
current ERP system. Contract is for 24 months.
2c. Presentation, possible action, and discussion regarding an Inter-Local Agreement with
the Brazos Valley Council of Governments for the provision of Broadband Networking
Services.
2d. Presentation, possible action, and discussion regarding renewal of Bid No. 12-048 with
ProSTAR Industries for the purchase of janitorial suppl ies in an amount not to exceed
$60,303.66.
2e. Presentation, possible action and discussion of the award of Contract 14 -224, for the
Annual Crack Sealing of City Streets for an amount not to exceed $140,000.
2f. Presentation, possible action and discussion of the award of Contract 14-238 for the
Annual Concrete joint sealing of City Streets for an amount not to exceed $148,750.
2g. Presentation, possible action and discussion awarding a bid to Bayer Construction in
the amount of $116,440 for the improvements of the school zones at A&M Consolidated
High School.
2h. Presentation, possible action, and discussion to consider Resolution 04-24-14-2h,
adopting an updated Water Conservation Plan, as required by TCEQ.
2i. Presentation, possible action, and discussion to consider Ordinance 2014-3568,
amending Chapter 11, "Utilities", of the Code of Ordinances of the City of College Station,
Texas, by amending Section 9: Drought Contingency and Water Emergency Plan in its
entirety.
2j. Presentation, possible action, and discussion regarding approval of Resolution 04-24-14-
2j, declaring intention to reimburse certain expenditures with proceeds from debt for the
Electronic Storage Upgrade project.
2k. Presentation, possible action and discussion on approving annual water meter
purchases from Aqua Metric Sales Company through the Houston-Galveston Area Council
(HGAC) contract (#WM08-12). Based on the attached contract unit pricing, the estimated
annual expenditure for water meters is: $224,499.54.
2l. Presentation, possible action, and discussion on a funding agreement between the City
RM042414 Minutes Page 3
of College Station and the Research Valley Partnership to provide $225,000 in Hotel Tax
Funds for the Aggies Go to War Exhibit; and approval of the RVP budget for the Aggies
Go to War Exhibit project.
2m. Presentation, possible action, and discussion regarding approval of Resolution 04-24-
14-2m, authorizing the Mayor to approve the Plan of Finance, the Issuance of New Hope
Cultural Education Facilities Finance Corporation Student Housing Revenue Bonds and
the project to be acquired with the proceeds of such bonds.
2n. Presentation, possible action, and discussion regarding approval of the Brazos Valley
Wide Area Communications System (BVWACS) Operating Budget for FY 15 and
authorizing the City’s quarterly payments of approximately $53,602 for an annual total of
$214,406; and approval of the BVWACS Capital Equipment Replacement Reserve Fund
Budget for FY 15 and payment of the City’s share in the amount of $63,329.
2o. Presentation, possible action, and discussion on awarding a bid to Vox Construction,
LLC. in the amount of $256,955.82 for the 2014 CDBG Neighborhood Sidewalk Project.
Item 2b was pulled from the Consent Agenda for consideration at a later date.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Benham, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda, less item 2b. The motion carried unanimously.
3. Adjournment.
MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the
City Council at 7:52 p.m. on Thursday, April 24, 2014.
________________________
Nancy Berry, Mayor
ATTEST:
___________________________
Sherry Mashburn, City Secretary
1101 Texas Ave
College Station, TX 77840College Station, TX
Legislation Details (With Text)
File #: Version:114-389 Name:Aggieland Humane Society Board Appointmens
Status:Type:Appointment Consent Agenda
File created:In control:4/8/2014 City Council Regular
On agenda:Final action:5/12/2014
Title:Presentation, possible action and discussion as it relates to the appointment of a member,
representing the City of College Station, to the Aggieland Humane Society board.
Sponsors:
Indexes:
Code sections:
Attachments:Peggy Sherman Resume
Action ByDate Action ResultVer.
Presentation, possible action and discussion as it relates to the appointment of a member,
representing the City of College Station, to the Aggieland Humane Society board.
Relationship to Strategic Goals:
··Core Services and Infrastructure
Recommendation(s): Our staff is recommending the appointment of Peggy S. Sherman to the
Aggieland Humane Society Board of Directors.
Summary:
The Aggieland Humane Society Board of Directors by-laws require City Council appointment of two
City representatives as outlined below.
Section 5.02. The Board of Directors shall consist of fifteen (15) voting members whose
nomination and approval shall be conducted in the following manner:
A.Six directors shall be appointed as follows:
1. Two members appointed by the City Council of the City of College Station
who may be a citizen, employee, officer, or elected official of the City of
College Station. This appointment will be automatically removed from
the Board of Directors with the position suspended and left vacant if the
entity is not contracted with the Aggieland Humane Society, Inc. for
animal housing services….
On February 27, 2014, Asst. Police Chief Scott McCollum was appointed to the Board to replace Mrs.
Chantal Vasali whos term had expired. The City’s other board representative is Former Assistant
Chief Larry Johnson. He was appointed to the Brazos Animal Shelter Board by the College Station
City Council for a two-year term on September 27, 2012. Due to current commitments, he is no
College Station, TX Printed on 5/8/2014Page 1 of 2
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File #:14-389,Version:1
longer able to serve in this capacity. As such, the Police Department has interviewed Mrs. Sherman
and based upon her financial planning background and interest in animal welfare, we find her to be
an excellent candidate for this vacant board position.
Budget & Financial Summary: N/A
Attachments:Peggy S. Sherman's resume
College Station, TX Printed on 5/8/2014Page 2 of 2
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1101 Texas Ave
College Station, TX 77840College Station, TX
Legislation Details (With Text)
File #: Version:114-401 Name:Emergency Management Coordinator
Status:Type:Resolution Consent Agenda
File created:In control:4/15/2014 City Council Regular
On agenda:Final action:5/12/2014
Title:Presentation, possible action and discussion regarding the approval of a resolution reappointing Brian
Hilton as the Emergency Management Coordinator.
Sponsors:
Indexes:
Code sections:
Attachments:Resolution.pdf
Notification.pdf
Government Code.pdf
Action ByDate Action ResultVer.
Presentation, possible action and discussion regarding the approval of a resolution reappointing
Brian Hilton as the Emergency Management Coordinator.
The citizens have elected Nancy Berry as the Mayor for the City of College Station. In accordance
with the Disaster Act of 1975 the Mayor assumes the duty as the Emergency Management Director.
The Emergency Management Director may designate an Emergency Management Coordinator who
shall serve as assistant to the presiding officer of the political subdivision for emergency
management puposes when so designated.
Relationship to Strategic Goals:
··Good Governance
··Financially Sustainable City
··Core Services and Infrastructure
··Neighborhood Integrity
··Diverse Growing Economy
··Improving Mobility
··Sustainable City
Recommendation(s): Staff recommends approval of the resolution.
Budget & Financial Summary: N/A
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File #:14-401,Version:1
Attachments:
College Station, TX Printed on 5/8/2014Page 2 of 2
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RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPOINTING AN EMERGENCY MANAGEMENT COORD INA TOR FOR
THE CITY.
WHEREAS, the City Council recognizes the need to prepare for the occurrence or
imminent threat of widespread or severe damage, injury, or loss of life or property
resulting from any natural or man-made cause, requiring emergency action; and
WHEREAS, the Texas Division of Emergency Management (TDEM) in accordance with
the Texas Disaster Act of 1975, Chapter 418 shall identify the Emergency Management
Director and / or Emergency Management Coordinator responsible for the emergency
management program, and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That the City Council hereby recognizes that Mayor Nancy Berry as the
Emergency Management Director (EMD).
PART 2: That the Mayor / EMD appoints Brian Hilton as the Emergency
Management Coordinator for the City.
PART 3: That this resolution shall take effect immediately from and after its
passage.
ADOPTED this ___~____day of ___________, A.D. 2014.
ATTEST: APPROVED:
Sherry Mashburn, City Secretary Nancy Berry, Mayor
APPROVED:
City Attorney
EMERGENCY MANAGEMENT DIRECTOR/COORDINATOR NOTIFICATION
Section 418.101 of the Texas Government Code states: "The presiding officer ofthe governing body ofeach political
subdivision will notifY the Division ofEmergency Management ofthe manner in which the political subdivision is providing or
securing an emergency management program, identifY the person who heads the agency responsible for the program, and
furnish additional pertinent iriformation." This fonn is used to make the required notification to TDEM.
The information on this form may be released to those inquiring about local emergency management programs
pursuant to the Texas Open Records Act. Hence, TDEM recommends that you provide business addresses and telephone
numbers rather than home addresses and telephone numbers.
COUNTY: Brazos County
Jurisdiction: City of College Station
Official's Title: Mayor
Name: Nancy Berry
I
I
Mailing Address: PO Box 9960
City, State, Zip: College Station, TX 77842
Office Number: 979-764-3509
! Cell Number:
Fax Number: 979-764-6377
E-mail: nberry@cstx.gov
(Required)
(City or County Name)
(Mayor/Judge)
(First & Last Name)
(The best address to receive mail)
(Please include -this is a back up for mailing)
EMERGENCY MANAGEMENT COORDINATOR
Coordinator Asst Coordinator
Name: Brian Hilton
Mailing Address: PO Box 9960
City, State, Zip: College Station, TX 77842
Office Phone: 979-764-6210
Cell Number: 979-255-6210
Fax Number: 979-393-9922
E-mail Address: bhilton@cstx.gov
Emergency Operations Center Number: /979-821-1000
EMERGENCY MANAGEMENT PROGRAM APPOINTMENT STATUS o I HAVE NOT appointed an Emergency Management Coordinator and will personally direct the local emergency
management program. o I HAVE appointed/re-appointed the Emergency Management Coordinator identified below to conduct the
emergency management program for this jurisdiction. The effective date of the appointment is: 05114 o We share our EMC with (name ofjurisdiction).
Ifthe COUNTY Emergency Management Coordinator has been appointed to other jurisdictions within the county, the County
Judge and the partiCipating City Mayors must sign this form. (See second page for additional signature blocks.)
i
I
Judge's or Mayor's Signature Date
PLEASE RETURN
Texas Division of Emergency Management
Operations Section
PO Box 4087
Austin, TX 78773-0220
Phone: (512) 424-2208 Email: soc@dps.texas.gov
TDEM-147 Page 1
Rev 08/13
GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUB TITLE B. LAW ENF ORC EMENT AND PUBLIC PROTECTION
CHAPTER 41 8. EMER GE NC Y MANAGEMENT
SUBCHAPT ER A. GENERAL PROVISIONS
Sec. 41 8.001. SHORT TITLE. This chapte r may be c ited as the Texas
Disaster Act of 1 975 .
Acts 1 987 , 70th Leg., ch . 147, Sec. 1, eff. Sept. 1, 1 9 87.
Sec. 418.002. PURPOSES. The purposes of this chapter are to:
(1) reduce vu lnerability of people and c ommunities of this state to
damage, injury, and loss of life and pr operty resulting fr om natural or man
made catastrophes , ri ots , or hostile military or paramilitary action;
(2) prepare for prompt and efficient rescue, care, and treatment of
persons vic timized or threatened by disaster;
(3) pr ovide a setting conduc i ve to the rapid and o rderly restoration
and rehabilitation o f persons and property affected by disasters;
(4) clarify and strengthen the roles of the governor, state agencies,
the judicial branch of state government, and l ocal governments in prevention
of , preparation for, response to, and re covery from d isa sters ;
(5) authorize and provide f or cooperation in disaster mitigation,
preparedness, response, and recovery;
(6) authorize and provide for coordination of activities relating to
disaster mitigation, preparedne ss, response, and recovery by agencies and
o ffi cers of this state, and similar state-local, interstate, federal-state, and
foreign act ivities in which the state and its political subdivisions may
participate;
(7) provide an emergency management system embodying all aspects of
predisaster preparedness and postdisaster response;
(8) assist in mitigati on of disasters caused or aggravated by
inadequate planning for and regulation of public and pri vate facilities and
land use; and
(9) provide the authority and mechanism to respond to an energy
emergen cy .
Acts 1 987 , 70th Leg., c h. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts
http://www.statutes.legis.state.tx.us/SOTWDocs/GV/htm/GV.418.htm[ 4/7 /2014 1: 29: 38 PM]
GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
1997, 75th Leg., ch. 92, Sec. I, ef S I, 1997.
Amended by:
Acts 200 , 81st · , R. S ., Ch. 1280 (H. B. 18 ) , Sec. 5.03, eff. June 9,
009.
Acts 2009, 8 st · , R. S., Ch. 1281 (H.B. 18 1) f Sec. 3, eff. June 19,
200
Sec. 418.003. LIMITATIONS. Thi r does not:
(1) limit he governor's authori y to app y for, administer, or
any grant, gif , or payment in aid of disaster mit ion, preparedness,
response, or recovery;
(2) interfere with the course or conduct of a abor di e, ex
that actions otherwise authorized this r or other laws may be taken
when neces ary to forestall r mit imminent or exist to li
heal th sa
(3 ) interfere with dissemination of news or comment on lic
affairs, but any communications facility r organ zation, incl radio and
television sta ions, wire services, nd newspapers, may be red to transmit
or nt ic service messages furn hing informat on or instruct ons in
connection with a disaster or potential disaster;
(4) affect the jurisdiction or responsibilities of police forces,
fire fight forces, units of the armed forces of the United States, or of any
of their personnel when on active duty, but state, local, and
inte urisdictional emergency mana s shal ace reliance on the
forces available for performance of functions re ated t disasters;
(5) as Section 418.184, uthorize the seizure
confiscation of any firearm or ammunition from an individual who s lawfully
ca ng or possessing the firearm or ammunition; or
(6) imi t, modi or abr the author of the governor to
proc aim martia law or exercise any other powers vested in the governor under
the constitution or laws of this state i t of or in unct on with
any provisions of this r.
Acts 1987, 70th . , ch. 147, Se eff. 1, 1987. Amended Acts
1997, 75th . , ch. 992, Sec . I, eff. S 1997.
Amended by:
Acts 2007, 80th · , R. S., Ch. 18 . B. 112) , Sec. 1, eff. il 7 ,
2007.
Sec. 418.004. DEFINITIONS. In this r:
(1) "Disaster" means the occurrence or imminent threat of widespread
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
or severe damage, injury, or loss of life or property resulting from any
natural or man-made cause, including fire, flood, earthquake, wind, storm, wave
action, oil spill or other water contamination, volcanic activity, epidemic,
air contamination, blight, drought, infestation, explosion, riot, hostile
military or paramilitary action, extreme heat, other public calamity requiring
emergency action, or en e rgy emergency.
(2) "Divis ion" means the Texas Divis ion of Emergency Management.
(3) "Energy emergency" means a temporary statewide, regional, or
local shortage of petroleum, natural gas, or liquid fuel energy supplies that
makes emergency measures necessary to reduce demand or allocate supply.
(4) "Interj urisdictional agency" means a disaster agency maintained
by and serving more than one political subdivision.
(5) "Organized volunteer group" means an organization such as the
American National Red Cross, the Salvation Army, the Civil Air Patrol, th e
Radio Amateur Civil Emergency Services, a volunteer fire department, a
volunteer rescue squad, or other similar organization recognized by federal or
state statute, regulation, or memorandum.
(6) "Poli tical subdivision" means a county or incorporated city.
(6-a) "Public facility" has the meaning assigned by Section 102,
Robert T. Stafford Disaster Relief and Emergency Assistance Ac t (42 U.S.C.
Section 5122)
(7) "Temporary housing" has the meaning assigned by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Pub. L. No. 93-288, as
amended.
(8) "Joint board" means a board created under Section 22.074,
Transportation Code, whose constituent agencies are populous home-rule
municipalities as defined by Section 22.071, Transportation Code.
(9) "Department" means the Department of Public Safety of the State
of Texas.
(10) "Local government entity" means a county, incorporated city,
independent school district, public junior college district, emergency services
distri c t, other special district, joint board, or other entity defined as a
political subdivision under th e laws of this state that maintains the
c apability to provide mutual aid.
(11) "Mutual aid" means a homeland security activity, as defined by
Section 421.001, performed under the system or a written mutual aid agreement.
(1 2) "Requesting local government entity" means a local government
entity requesting mutual aid assistance under the system.
(13) "Responding local government enti ty" means a local government
entity providing mutual aid assistance in response to a request under the
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
system.
(14 ) " tern" means the Texas Statewide Mutual Aid Sys em.
Acts 987, 70th ., ch. 147, Sec. I, eff. S 1, 1987. Amended Acts
1995, 74th ., ch. 497, Sec. 1, eff. eTune 12, 1995; Acts 199 , 5th . ,
ch. 992, Sec. 2, eff. 1, 1997; Acts 2003, 78th . , ch. 3 , Sec. 1,
eff. 4, 2003; Acts 00 8th . , ch. 72, Sec. 1, eff. May 16, 2003.
Amended
Acts 2005, 79th ., Ch. 1337 (S.B. 9), Sec. 6, eff. June 18,2005.
Acts 2007, 80th ., R.S., Ch. 25 (S.B. 11), Sec. 1.01, eff. June 6,
2007.
Acts 2007, 80th ., R,S" Ch. 258 (S.B. 1), Sec. 1.08, ef . June 6,
2007.
Acts 2007, 80th ., R. ., Ch. 86 (H.B. 1471), Sec. 1.01, eff. ,Tune 15,
2007.
Acts 2007, 80th ., R.S., Ch. 865 (H.B. 1471), Sec. 1.08, eff. June 15,
2007.
Acts 200 81st ., R. S ., Ch. 18 (H.B. 1 8), Sec. 1, eft. S r
I
I
2009.
Acts 2009, 81st ., R.S., Ch. 1146 (H.B. 2730), Sec. 2A.01, eff.
ember 1, 2009.
Acts 2009, 81st ., R.S., Ch. 1280 (H.B. 1831), Sec. 1.01, eff.
r 1, 009.
Acts 009, 81st ., R. S ., Ch. 1280 (H. B . 831), Sec. 6.14, eff.
ember 1, 2009.
Sec. 418.005. EMERGENCY MANAGEMENT TRAINING. (al This section applies
on to an elected law enforcement officer or county j , or an appointed
ic off cer 0 the state or of a itical subdiv sion, who has mana
or supervisory responsibi ities and:
(1) whose position desc ion, job duties, or ass includes
emergency responsibilities; or
(2) who ays a role in emergency preparedness, response, or
recovery.
(b) Each person described Subsection (a) shall e a course of
tra provided or by the division of not less than three hours
rega the responsibili ies of stat and local governments under this
r not later than the 180th day after the date the person:
(1) takes the oath of office, if the person s red to take an
oath of ffice to assume the person's duties as a officer; or
(2 ) otherwis assumes responsibilities as a ic of icer, if he
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
person is not required to take an oath of office to assume the person's duties.
(c) The division shall develop and provide a training course related to
the emergency management responsibilities of state-level officers and a
training course related to the emergency management responsibilities of
officers of political subdivisions. The division shall ensure that the
training courses satisfy the requirements of Subsection (b).
(d) The division may provide the training and may also approve any
acceptable course of training offered by a governmental body or other entity.
The division shall ensure that at least one course of training approved or
provided by the division is available on videotape or a functionally similar
and widely available medium at no cost.
(e) The division or other entity providing the training shall provide a
certificate of course completion to public officers who complete the training
required by this section. A public officer who completes the training required
by this section shall maintain and make available for public inspection the
record of the public officer's completion of the training.
(f) The failure of one or more public officers of the state or a
political subdivision to complete the training required by this section does
not affect the validity of an action taken by the state or the political
subdivision.
(g) The hours spent in a training course required by Subsection (b) may
be applied toward the continuing education requirements for county
commissioners under Section 81.0025, Local Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 19.01, eff.
September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.02, eff.
September 1, 2009.
Sec. 418.006. CIVIL LIABILITY. An officer or employee of a state or
local agency, or a volunteer acting at the direction of an officer or employee
of a state or local agency, is considered for purposes of Section 437.222 to
be a member of the Texas military forces ordered into active service of the
state by proper authority and is considered to be discharging a duty in that
capacity if the person is performing an activity related to sheltering or
housing individuals in connection with the evacuation of an area stricken or
threatened by disaster.
Added by Acts 2009, 81st Leg., R.S., Ch. 1408 (H.B. 4409), Sec. 1, eff.
September 1, 2009.
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
Amended
Acts
ember
2013, 83rd
1, 2013.
., R.S., Ch. 1217 (S.B. 15 6), Sec . 3.0 , eff.
SUBCHAPTER B. POWERS AND DUTIES OF GOVERNOR
fo
Sec. 4 8. 011.
meeting:
RESPONSIBILITY OF GOVERNOR. The governor is responsible
(l) the rs to the state and pe presented by disasters; and
(2 ) dis ions to the state nd e caused by energy erne
Acts 1987, 70th . , ch. 147, Sec. 1, eff. 1, 1987 .
Sec. 41 .012. EXECUTIVE ORDERS. Under this r, the governor may
issue executive orders, proclamation , and regulations and amend or rescind
them. Executive orders, amations, and regu at ons have the force and
effect of aw.
Acts 1987, 70th . , ch. 147, Sec. 1, eff. 1, 1987.
Sec. 418.013. EMERGENCY MANAGEMENT COUNCI . (a) The governor by
executive order may establish an emergency management council to advise and
assist the governor in all matters rela ing to disa ter mit tion,
preparedne s, response, and recovery.
(b) The emergency rna council is composed f representatives of
state s, boards, commissions, and organized volunteer groups des
the head of each entity.
(cl The emergency council shall make recommendations to the
rtment of Public Safe as to which private emergency organizations, such
a the American National Red Cross, the Salvation Radi Amateur Civil
ncy Service, and other similar 0 zations with the ility to
s the state's res rce in disaster situations, should be author zed
to operate certain vehicles as designated emergency vehicles in the case of a
disaster.
(d) The emergency council s 11 assist the division in
identify ,mobilizing, and state resources to re to major
emergencies and disasters the state.
(e) The chief of the division shall establish a wor roup of appropriate
emergency mana council members, local government officials, and it
organizations to determine if a uniform ication form for assistance
foIl a disaster may be devel for use by state agencies and by persons
request a istance from s te agencies. The roup shall report its
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
findings, including recommendations for any necessary statutory changes, to the
legislature before September 1, 2014. This subsection expires September 1,
2014.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts
1997, 75th Leg., ch. 992, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 5.01, eff. September
1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831 ) , Sec. l.03, eff.
September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 735 (S.B. 171), Sec. 1, eff. June 14,
2013.
Sec. 418.014. DECLARATION OF STATE OF DISASTER. (a) The governor by
executive order or proclamation may declare a state of disaster if the governor
finds a disaster has occurred or that the occurrence o r threat of disaster is
imminent.
(b) Except as provided by Subsection (c), the state of disaster continues
until the governor:
(1) finds that:
(A) the threat or danger has passed; or
(B) the disaster has been dealt with to the extent that emergency
conditions no longer exist; and
(2) terminates the state of disaster by executive order.
(c) A state of disaster may not continue for more than 30 days unless
renewed by the governor. The legislature by law may terminate a state of
disaster at any time. On termination by the legislature, the governor shall
issue an executive order ending the state of disaster.
(d) An executive order or proclamation issued under this section must
include:
(1) a description of the nature of the disaster;
(2 ) a designation of the area threatened; and
(3 ) a description of the conditions that have brought the state of
disaster about or made possible the termination of the state of disaster.
(e) An executive order or proclamation shall be disseminated promptly by
means intended to bring its contents to the attention of the general public.
An order or proclamation shall be filed promptly with the division, the
secretary of state, and the county clerk or city secretary in each area to
which it applies unless the circumstances attendant on the disaster prevent or
impede the filing.
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
Acts 1987, 70 ., ch. 147, Sec . 1, ff. 1, 19 7.
Amended by:
Acts 2009, 8 st . , R,S" Ch. 1146 (H.B. 2730), Sec. 2B.03, eff.
r 1, 2009.
Sec. 418.015. EFFECT OF DISASTER DECLARATION. (a) An executive order or
tion declar a state of saster:
S
() activates the disaster recovery and rehabilitation aspects of the
state emergency plan icable to the rea subject to the
declaration; and
and use of any forces to which the
ies and use or di tribution of any s ies,
(2 ) authorizes the
nt, and mat rials
or facilities assembled, s c led, or ar to be made available under
this r or other law relating to disasters.
(b) The preparedness and response aspects of the state emergency
are activated asan
(c)
tha plan.
a tat of d as r and the follow recovery period, the
governor is the commander in chief state agencie , boards, and commissions
having emergency responsib ities. To the st extent possible, the
governor sha de te or assign command authority by prior ar
embodied in executive orders or plans, but this r does not
restrict the governor's authori to do so orders i ued at the time of the
di ster.
Acts 198 ,70th . , ch. 147, Sec. 1, eff. 1, 19 7 .
Sec. 41 .016. SUSPENSION OF CERTAIN LAWS AND RULES. (a) The governor
may sus the sions of any regula statute prescrib the procedures
for conduct of state business or the orders or rules of a state agency if
strict compliance with the provisions, orders, or rules would in any way
, hinder, or de necessary action in with a disaster.
declaration f a state of disaster, enforcement of the
tion of on se outdoor signs under r A, r 216, Loca
Government Code, by a 1 that is located in a within, or that
is located a acent to within, the disaster area specified
by the declaration is s to allow icensed or admitted insurance
carriers or licensed agents on behalf of insurance carriers to ere
rary claims service s ge for not more than 30 days or unt 1 the end of
the declaration of d saster, whichever is earlier.
(c) A rary claims service s shall not:
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
(1) be larger than forty square feet in size;
(2) be more than five feet in height; and
(3) be placed in the right of way.
(d) At the end of the 30 days or the end of the declaration of disaster,
whichever is earlier, the insurance carrier or its licensed agents must remove
the temporary claims service signage that was erected.
(e) On request of a political subdivision, the governor may waive or
suspend a deadline imposed by a statute or the orders or rules of a state
agency on the political subdivision, including a deadline relating to a budget
or ad valorem tax, if the waiver or suspension is reasonably necessary to cope
with a disaster.
(f) The governor may suspend any of the following requirement s In
response to an emergency or disaster declaration of another jurisdiction if
strict compliance with the requirement would prevent, hinder, or delay
necessary action in assisting another state with coping with an emergency or
disaster:
(1) a registration requirement in an agreement entered into under the
International Registration Plan under Section 502.091, Transportation Code, to
the extent authorized by federal law;
(2) a temporary registration permit requirement under Section
502.094, Transportation Code;
(3) a provision of Subtitle E, Title 7, Transportation Code, to the
extent authorized by federal law;
(4) a motor carrier registration requirement under Chapter 643,
Transportation Code;
(5) a registration requirement under Chapter 645, Transportation
Code, to the extent authorized by federal law; or
(6) a fuel tax requirement under the International Fuel Tax Agreement
described by 49 U.S.C. Section 31701 et seq., to the extent authorized by
federal law.
(g) For the purposes of Subsection (f), "emergency or disaster
declaration of another jurisdiction" means an emergency declaration, a major
disaster declaration, a state of emergency declaration, a state of disaster
declaration, or a similar declaration made by:
(1) the president of the United States under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. Section 5121 et seq.);
or
(2 ) the governor of another state.
(h) To the extent federal law requires this state to issue a special
permit under 23 U.S.C. Section 127 or an executive order, a suspension issued
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
Reenacted nd amended Acts 201 , 8 nd . , R. S . I Ch. 91 (S.B. 1 03) I Sec.
1.008, ff. r 20 1.
Amended
Acts 2013, 83rd . , R. S., Ch. 1 5 (H.B. 2 41), Sec. 3, eff.
I, 2013.
r
under Subsection (f) is a pecial permit an executive order.
Sec. 418.017. USE OF PUBLIC AND PRIVAT RESOURCES. ( ) The governor may
use all availab e sources of state government and of itical subdivisions
that are reasonably necessary to cope with a disaster.
(bl The governor may rarily reassign resources, personnel, or
functions of state executive rtments and agencies or their units for the
purpose of per rming or facilitating emergency services.
{cl The governor y commandeer use any pr vate prope f the
governor finds it necessary to cope with a disaster, ect to the
compensation rements of this r.
Acts 1987, 70th ·, ch. 147, Se . 1, e f f. S 987.
Sec. 418. 018 . MOVEMENT OF PEOPLE. (al The governor may recommend the
evacuation of all or part of the population from a stricken or threatened area
in the tate i the governor cons ders the a ion necessary for the
pres rvat on of ife or other disaster mitigation, response, or recovery.
(bl The governor may prescribe routes, mode of trans ion, and
destinations in connection with an evacuation.
() The governor may control ress and egres to and from a disaster
area and the movement of persons and the occupancy of ses in the area.
Acts 1987, 70th · , ch. 14 , Sec. I, e f f . I, 1987.
Sec. 18.019. RESTRICTED SALE AND TRANSPORTATION OF MATERIALS. The
governor may su or imit the sale, dispensing, or tra ion of
alcoholic beverages, firearms, osives, and combu tibles.
Acts 987, 70th • I ch. 147, Sec. 1, eff. 1987.
Sec. 418.0195. DISCONNECTION STATE COMPUTER NETWORKS. (a) This
section ie only to a r network used
(1) a state agency; or
(2) an entity other than a state agency rece network security
services from the rtment of Information Resources under Section 2059.058.
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
(b) The governor may order the Department of Information Resources to
disconnect a computer network from the Internet in the event of a substantial
external threat to the computer network.
(c) The authority granted under this section is limited to Internet
connectivity services provided exclusively to an entity described by Subsection
(a) .
Added by Acts 2011, 82nd Leg., R.S., Ch. 1310 (H.B. 3333), Sec. 1, eff.
September 1, 2011.
Sec. 418.020. TEMPORARY HOUSING AND EMERGENCY SHELTER. (a) The governor
may enter into purchase, lease, or other arrangements with an agency of the
United States for temporary housing units to be occupied by disaster victims
and may make units available to any political subdivision.
(b) The governor may assist a political subdivision that is the locus of
temporary housing or emergency shelters for disaster victims to acquire sites
necessary for temporary housing or emergency shelters and to do all things
required to prepare the sites to receive and use temporary housing units or
emergency shelters by:
(1) advancing or lending funds available to the governor from any
appropriation made by the legislature or from any other source;
(2) allocating funds made available by a public or private agency; or
(3) becoming a copartner with the political subdivision for the
execution and performance of any temporary housing or emergency shelter project
for disaster victims .
(c) Under regulations prescribed by the governor, the governor may
temporarily suspend or modify for a period of not more than 60 days any public
health, safety, zoning, intrastate transportation, or other law or regulation
if by proclamation the governor considers the suspension or modification
essential to provide temporary housing or emergency shelter for disaster
victims.
(d) Any political subdivision may temporarily or permanently acquire by
lease, purchase, or other means sites required for installation of temporary
housing units or emergency shelters for disaster victims and may enter into
arrangements necessary to prepare or equip the sites to use the housing units
or shelters , including arrangements for the purchase of temporary housing units
or shelters and the payment of transportation charges.
(e) A political subdivision that is the locus of temporary housing or
emergency shelters for persons moved or evacuated by recommendation or order of
the governor may be assisted by any resource available to the state, including
the disaster contingency fund, to ensure the political subdivision receives an
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
advance or reimbursement:
f all expenses, incl lost revenue, incurred by the
itical subdivision a sociated with t use of ic facilities for
rary housing or emergency she ters; and
(2) of the amounts paid for salaries and benefits of permanently
empl stra -time and regular time personnel of the political subdivi ion
who perform duties associated with the movement or evacuation of persons into,
out of/ or the itical subdivision.
Acts 198 ,70th • f ch. 147, Sec. 198 .
Amended
Acts 2009, 81st . , R.S , Ch. 18 (H.B. 998) , Sec. e f. S
2009.
Sec. 418.021. FEDERAL AID FOR LOCAL GOVERNMENT. (a) On the governor's
determination that a local government of the state has suffered or wi 1 suffer
a substantial los 0 tax and other revenue from a major disa ter and has
demonstrated a need for financia as istance perform its governmental
functions, the governor may y to the federal government on behalf of the
local government for a loan and may receive and disburse the of an
loan to the local government.
(b) The governor may determine the amount needed a local government to
re tore or re ume its governmental functions and rt fy that amount to the
federal government. The amount s for the local government may not exceed
25 percent of the annual operating of the local government for the
fiscal year in which the major disaster occurs.
(cl The governor may recommend to the federal government, based on the
governo 's review/ the cancellation of all or part of repa if in the first
three full fiscal years foll the major di aster the revenues of the local
government are insufficient to meet its ope rat expenses, ncl
additional disaster-re ated expenses of a munic 1 operation character.
Acts 1987, 70th . , ch. 147, Sec . 1, 1987.
Se.418.022. AID FOR INDIVIDUALS. (a) On the governor's determination
that financial a sistance s essential to meet disaster related necessary
expenses or serious needs of individuals or families adversely affected by a
major disaster that cannot be otherwise tely met from other means of
assistance, the governor rna a a grant by the federal government to fund
the financial assistance, sect to the terms and conditions sed on the
The governor may agree with the federal government 0 any fficer or
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
agency of the United States pledging the state to participate in funding not
more than 25 percent of the financial assistance.
(b) The governor may make financial grants to meet disaster-related
necessary expenses or serious needs of individuals or families adversely
affected by a major disaster that cannot otherwise adequately be met from other
means of assistance. The grants may not exceed an aggregate amount in excess
of that established by federal statute for an individual or family in any
single major disaster declared by the president of the United States.
(c) The governor may designate in the state emergency management plan the
Department of Human Services or another state agency to carry out the functions
of providing financial aid to individuals or families qualified for disaster
relief. The designated agency may employ temporary personnel for those
functions to be paid from funds appropriated to the agency, from federal funds,
or from the disaster contingency fund. The merit system does not apply to the
temporary positions. The governor may allocate funds appropriated under this
chapter to implement the purposes of this chapter.
Acts 1987, 70th Leg., ch. 147, Sec . I, eft. Sept. I, 1987.
Sec. 418.023. CLEARANCE OF DEBRIS. (a) Through the use of any state
agency or instrumentality, the governor, acting through members of the
Emergency Management Council, may clear or remove debris or wreckage from
public or private land or water if it threatens public health or safety or
public or private property in a state of disaster declared by the governor or
major disaster declared by the president of the United States.
(b) The governor may accept funds from the federal government and use the
funds to make grants to a local government for the purpose of removing debris
or wreckage from public or private land or water.
(c) Debris or wreckage may not be removed from public or private property
until the affected local government, corporation, organization, or individual
presents to the governor or member of the Emergency Management Council an
unconditional authorization for removal. Debris or wreckage may not be removed
from private property until the state is indemnified against .any claim arising
from removal. In instances where it is not practical and further delay would
create a greater risk to public health or safety, the governor, acting through
the Emergency Management Council, may remove debris or wreckage from public or
private property without an unconditional authorization or indemnification.
(d) If the governor provides for clearance of debris or wreckage under
this chapter, state employees or other individuals acting by authority of the
governor may enter on private land or water to perform tasks necessary to the
removal or clearance operation . Except in cases of wilful misconduct, gross
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
negl , or bad faith, a state oyee or perf his dut es while
compl with orders of the governor issued under this chapter is not liable
for the death of or injury to a person or for to property.
Acts 1987, 70th ., ch. 47, Sec. 1, eff. S 1987. Amended Acts
97 I 75th . , ch. 992, Sec. , eff. S 1997.
Sec. 418.024. RULES. The governor may rules necess ry r ca ng
out the purposes of this r, nclud rules on:
() sanda of elig bi Ii ty for pe sons appl for benefits;
(2 ) s for applying for benefits;
(3) procedures for the administration, investigation, filing, and
approval of ications for benefits;
(4) s for the formation of local or s atewide boards to pass
on ications for benefi s; and
(5) s for appeals of de isions relating to cations for
benef ts.
Acts 1 87, Oth . , ch. 147, Sec. 1, e f. S I, 1 87.
SUBCHAPTER C. TEXAS DIVISION OF EMERGENCY MANAGEMENT
Sec. 4 8.041. ORGANIZATION. (a) The Texas Division of Emergency
a vision 0 the rtme
(b) The division s ma a chief appointed the li safety
director of the rtment, with the approval of the governor. The chief
serves at the pleasure of the c safety director. The chief must possess
professional training and knowl consisting of not less than five years of
managerial or strategic nning experience in matters relating to ic
sa securi, emergency services, and emergency response.
(c) At least once every two months, the following shall meet 0
coordinate efforts, prevent overlap of activit es, and ensure tha the sta 's
to emergency mana and homeland securi i unified:
(1) a representative of the rtment;
(2) representative of the division;
(3) a representative of the governor's 0 fice of home and secur
(4) the pres ding officer f the Homeland Security Counc ; and
(5) a state agency representative from the emergency mana
council, selected the chair of the emergency council.
(d) The divis on shall employ other coordina ing and ng officers
and other professiona , technica, ecretarial, and clerical personnel
necessary to the performance of its functions.
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GOVERNMENT CODE CHAPTER 418 . EMERGENCY MANAGEMENT
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 2A.02, eff.
September 1, 2009.
Sec. 418.042. STATE EMERGENCY MANAGEMENT PLAN.
(a) The division shall prepare and keep current a comprehensive state
emergency management plan. The plan may include:
(1) provisions for prevention and minimization of injury and damage
caused by disaster;
(2 ) provisions for prompt and effective response to disaster;
(3 ) provisions for emergency relief;
(4 ) provisions for energy emergencies;
(5) identification of areas particularly vulnerable to disasters;
(6 ) recorrunendations for zoning, building restrictions, and other
land-use controls, safety measures for securing mobile homes or other
nonpermanent or semipermanent structures, and other preventive and preparedness
measures designed to eliminate or reduce disasters or their impact;
(7) provisions for assistance to lo ca l officials in designing local
emergency management plans;
(8) authorization and procedures for the erection or other
construction of temporary works designed to protect against or mitigate danger,
damage, or loss from flood, fire, or other disaster;
(9) preparation and distribution to the appropriate state and local
officials of state catalogs of federal, state, and pri va te assistance programs;
(10) organization of manpower and channels of assistance;
(11) coordination of federal, state, and local emergency management
activities;
(12) coordination of the state emergency management plan with the
emergency management plans of the federal government;
(13) coordination of federal and state energy emergency plans;
(14) provisions for providing information to local officials on
activation of the Emergency Alert System established under 47 C.F.R. Part 11;
(15) a database of public facilities that may be used under Section
418.017 to shelter individuals during a disaster, including air-conditioned
facilities for shelter during an extreme heat disaster and fortified structures
for shelter during a wind disaster;
(16) provisions for quickly replenishing the food supplies of area
food banks or food pantries following a disaster; and
(17) other necessary matters relating to disasters.
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
(b) In preparing and revis ng the state emergency an, the
division shal seek the advice and assistance of local government, business,
labor, ndustry, agr culture, vic organizations, volunteer organizations, and
community leaders.
(cl Allor part of the state emergency management may be
ted into ations of the divi ion or executive orders that have the
force and effect of law.
Acts 1987, 70th . , ch. 147, Sec. I, eff. I, 198
Amended
Acts 2007, 80th ·, R. S . , Ch. 58 (S.B. 1 ) , Sec. 7 .0 , e f. ember
I, 2007.
Acts 009 1 81st • I R. S . I Ch. 65 (H.B. 1 26 1 I Sec. I, eff. June 19,
2009.
Acts 2009, 81st · , R. S. , Ch. 1280 (H.B. 183 ) I Sec. .04, e
r I, 2009.
Acts 201 , 8 nd · , R. S. , Ch. 91 (S. B. 130 ) , Sec. 11.009, e f.
S r I, 20 1.
Sec. 418.0425. STATE EMERGENCY MANAGEMENT PLAN ANNEX. (a) In this
section, "critica water or wastewater facil ty" means facility with:
( ) wate s y, treatment, or distribu ion equi that is
essential to maintain the minimum water pres ure requirements e tabl shed
the gove of a munic i or the Texas Commiss on on Environmental
1 ty; or
(2 ) wastewater collection or treatment that is essential to
the discharge of untreated wastewater to water in the state.
(b) The divi on, in cooperation with the emergency council,
local governments, regional entities, health and medical facilities, volunteer
groups, private ctor partners, the Federal Emergency Mana , and
other federal es, shall develop an annex to the state emergency
mana plan that addresses initial response anning for p
essent 1 ation s suppl es, equ and ervices dur ng the first
five immediately following a disaste . The annex must include:
(1) plans to make fuel available to, maintain continuing operations
oC nd se s the backup power available for, 11:
(A) hos tals i
(B) prisons;
(C) assisted living facilities icensed under r 247, Health
and fety Code;
(D) institutions licensed under r 242, Health and Safety
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
Code; and
(E) other critical facilities determined by the division;
(2) provisions for interagency coordination of disaster response
efforts;
(3) provisions for the rapid gross assessment of population support
needs;
(4) plans for the clearance of debris from major roadways to
facilitate emergency response operations and delivery of essential population
support supplies and equipment;
(5 ) methods to obtain food, water, and ice for disaster victims
through prearranged contracts or suppliers, stockpiled supplies, or plans to
request assistance from federal agencies, as appropriate;
(6) guidelines for arranging temporary points of distribution for
disaster relief supplies and standardized procedures for operating those
distribution points;
(7) methods for providing basic medical support for disaster victims,
including medical supplies and pharmaceuticals;
(8) provisions, developed in coordination with fuel suppliers and
retailers, for the continued operation of service stations to provide fuel to
disaster victims and emergency responders; and
(9) provisions for the dissemination of emergency information through
the media to aid disaster victims.
(c) The division, in coordination with the Texas Commission on
Environmental Quality and electric, gas, water, and wastewater utility
providers, shall develop for inclusion in the annex to the state emergency
management plan provisions to provide emergency or backup power to restore or
continue the operation of critical water or wastewater facilities following a
disaster. The provisions must:
(1) establish an online resource database of available emergency
generators configured for transport that are capable of providing backup power
for critical water or wastewater facilities following a disaster;
(2) include procedures for the maintenance, activation,
transportation, and redeployment of available emergency generators;
(3) develop a standardized form for use by a water or wastewater
utility provider in developing and maintaining data on the number and type of
emergency generators required for the operation of the provider's critical
water or wastewater facilities following a disaster; and
(4) include procedures for water or wastewater utility providers to
maintain a current list of generators available in surrounding areas through
mutual aid agreements, recognized and coordinated statewide mutual aid
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
programs, and th commercia firms ffering generators for rent or lease.
Added Acts 200 , 81st . , R . S ., Ch. 1280 (H.B. 18 I), Sec. LOS, eff.
r 1, 2009.
Sec. 418.043. OTHER POWERS AND OUT ES. The division shall:
(1) determine requirements f the state and its itical
subdivisions for food, cloth ,and other necessities in event 0 a disaster;
(2) procure and position supplies, medicines, rna eria s, and
(3) standards and rements for local and
inte urisdictiona emergency mana plans;
(4) periodical review local and inte urisdic iona emergency
plans;
(5) coordinate of mobile support units;
(6) establish and operate train programs and programs 0 lic
information or assist itical subdivisions and emergency man agencies
to establish and operate the programs;
(7 ) make surveys of ic and pr vate industries, resource, and
faci i ties i the state that re necessary to carry out the purpose of thi
ri
(8 ) and make a s for the availabili and use of any
private facilities, services, and prope and provide for payment fo use
under terms and conditions on if the facilities are used and payment is
necessary;
(9) e tablish a register of persons with types of training and skills
t in disa ter mitigation, preparedness, response, and recoverYi
(10) establish a ster of mobile and construction equ and
ry hous available fo use in a disaster;
(11) assis political subdivisions in develop plans for the humane
evacuation, transport, and rary shelte f service anima sand
household pets in a disaster;
(12) prepare, for issuance the governor, executive orders and
tions necessary or appropriate in cop with disasters;
(13) cooperate th the federal government and any ic r te
agency or entity in any purpose of this er and in lement
programs for disaster mit tion, preparat on, response, and recove
(14) develop a plan to raise public awareness and the
Ii y of the information and referra network under Section 531.0312i
(15) the integration of vo unteer groups, including fai
based organizations, into emergency management plans;
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
(16) cooperate with the Federal Emergency Management Agency to create
uniform guidelines for acceptable home repairs following disasters and promote
public awareness of the guidelines;
(17) cooperate with state agencies to:
(A) encourage the public to participate in volunteer emergency
response teams and organizations that respond to disasters; and
(B) provide information on those programs in state disaster
preparedness and educational materials and on Internet websites;
(18) establish a liability awareness program for volunteers,
including medical professionals;
(19) define "individuals ,vith special needs" in the context of a
disaster; and
(20) do other things necessary, incidental, or appropriate for the
implementation of this chapter.
Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 91 (S .B. 1 303) , Sec.
11. 010, eff. September I, 2011.
Se c . 41 8 . 044 . ASSISTANCE IN DEVELOPMENT OF LOC AL PLAN S . (a) The
division shall take an integral part in the development and revision of local
and interjurisdictional e mergency management plans. F or that purpose, the
division shall employ or otherwise secure the services o f pr o fes sio nal and
technical personnel capable of providing expert assistance to political
subdivisions and emergency management agencies. Those personnel shall consult
with the subdivisions and agencies on a regularly scheduled basis and shall
make field reviews of the areas, circumstances, and conditions to which
particular local and interjurisdictional emergency management plans apply and
may suggest revisions.
(b) The division shall encourage local and interjurisdictional agencies
to seek advice from local government, business, labor, industry, agriculture,
civic organizations , volunteer organizations, and community leaders.
Acts 19 87 , 70th Leg., ch. 147, Sec. I, eff. Sept . I, 1987. Amended by Acts
1997, 75th Leg., ch . 992, Sec . 6, eff. Sept. I, 1997.
Sec . 418.045. TEMPORARY PERS ONNEL. (a) The division may employ o r
contract with temporary personnel from funds appropriated to the division, fr o m
federal funds, or from the disaster contingency fund. The merit system does
not apply to the temporary or contract positions.
(b) The division may enroll, organize, train, and equip a cadre of
disaster reservists with specialized skills in disaster rec o very, hazard
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
mit tion, communi y outreach, and lic information t rarily
its permanent staff. The division may activate enrolled disas er reservis to
s recovery operations in the ftermath of a disaster or major emergency
and pay them at da y rate commensurate with their qualifications and
experience. r 654, er 2254, and Subtitle D, Title 10, do not y
in relation to a disaster reservist under this subsection.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. 1, 198 Amended Acts
197, 75th ., ch. 992, Sec. 7, eff. 1, 1 97.
Amended by:
Acts 2009, 8 st . , R.S., Ch. 1280 (H.B . 1831), Se . 1. 07, eff.
S ember 1, 2009.
Sec. 4 8.046. ASSISTANCE TO AVIATORS. (a) The division may provide
assistance to private aviators, incl partial reimbursement for funds
to meet the ctual costs of aircraft operation in performing earch,
rescue, or disaster-related functions requested the governor or the
governor's des
(b) reimbursement must be limited to the actual cost of aircraft
operation not reimbursable from other sources.
Acts 1987, 70th . , ch. 147, Sec . I, eff. I, 1987.
Sec. 418.0461. ASSISTANCE TO CIVIL AIR PATROL. The division may
financial ssistance to the Civil Air Patrol, Texas to support the 's
disaster-related activities that assist the state and state agencies and the
's tra and exercises associated with those activities.
Added by Acts 1995, 4th . , ch. 889, Sec. 1, eff. 28, 995.
Sec. 418.047. COMMUNICATIONS. (al In cooperation with other state
the division shall ascertain what means exist for and efficient
communication in times of disaster.
(a-1 ) The division shall coordinate with the Texas rtment of
tion to establish additional methods for disseminat ng emergency
public service messages to motorists, including:
() severe weather advisories;
(2 ) AMBER alerts under r L, r 11; and
( ) silver alerts under r M, r 411.
(bl The division shall consider the desirability of s the
communication resources or them into a state or state-federal
telecommunication or other commun cation system or network
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
(c) n s the character and feasibility of any sys 0 its parts,
the division shall evaluate the possibility of its mult rpose use for general
s te and local governmental purposes.
(d) The division shall make recommendations to the governor as
appropriate.
Acts 1987, Oth . , ch. 1 , Sec . 1, eft. 1, 987.
Amended
Acts 2009, 8 s ., R.S., Ch. 1146 (H.B. 2 0), S c. 8.01, eft.
r 2009.
Sec. 418.048. MONITOR NG WEATHER. The division shall keep continuously
appr sed f weather conditions that present r of climatic activity, such
as pre tation, evere to cons itute a disaster.
Acts 19 7, Oth ., ch. 147, S c . 1, eft. 1, 987.
Amended
Act 2009, 81st • I R. ., Ch. 1280 (H.B. 1831) , S c . .08, eft.
ember 2009.
Sec. 418.050. PHASED REENTRY PLAN. (a) The divi ion shall deve a
phased reentry plan to govern the order in which particular groups of e
are allowed to reenter reas previously evacuated because of a disaster r
threat 0 di aste. The plan may different reentry res for
different of isasters.
(b) The sed reentry plan shall:
(1) recognize the role of local emergency management directors n
ma decisions regard the t and ementation of reentry plans for a
disaster; and
(2 ) loca emergency management direct rs with sufficient
flexibi i ty 0 u t the p n as necessary to accommodate the circums nce of
particular emergency.
(c) The division, in consultation with representatives of affected
parties and local emergency management directors, shall develop a reentry
credential process. The division shal inc ude the credent 1 process in
the sed reentry plan. The rtment of Pub c S 0 the State f Texas
shall support for the credential process.
Added by Acts 2009, 81st . , R. S . f Ch. 1280 (H.B. 183 ) f ec . 1.09, eft.
r 1,2009.
Sec. 418.0501. REENTRY CREDENTIALING PILOT PROGRAM. (a) The division
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
shall consider ementing lot program for a reentry credentialing process
for reentry into areas previously evacuated because of a disaster or threat of
saster.
Added Acts 2009, 81st ., R. S. , . 1146 (H.B. 2 30), Sec. B.O 1, eff.
r 1, 009.
Redesi from Government Code, Section 418.050 by Act 2011, 82nd . ,
R. S., Ch. 9 (S.B. 103), Sec. 27.001(1 ), ff. r 1, 2011.
Sec. 4 8.051. COMMUNICATIONS COORDINATION GROUP. (a) The communications
coordination group shall facilitate interagency coordination and collaboration
to efficient and effective ann and execution of communications
support to joint, interagency, and intergovernmental ask forces.
(b) At the d ct of the division, the communications coordination
group shal assi t with coordination and collaboration an emergency.
(c) The communications coordination group consists of members selected by
the divis on, inc ud representatives of:
(1) the Texas military forces;
(2 ) the rtment of Public Safety of the State of Texas;
( ) the Federal Emergency
( 4 ) federal s that comprise Emergency rt Function No.2;
(5 ) the telecommunications industry, includ cable service
rs f as defined by Section 66.002, Utilities Code;
(6) electric utilities, as defined by Section 31.002, Utilities Code;
(7 ) gas utilities, as defined Sections 101.003 and 12 .001,
Uti ties Code;
(8) the National Guard's Joint Continental United States
Communicat ons S Environment;
(9) the Na ional Guard Bureau;
(10) amateur radio operator groups;
(1) the Texa Forest Service;
(12 ) the Texas rtment Transportation;
(1) the General Land Office;
( 4 ) the Texas inee Extension Service of The Texas A&M
Univers ty tern;
(15 ) the Publi Utility Commission of Texas;
( 6) the Railroad Commission of Texas;
(17 ) the rtment of State Health Services;
(18 ) the judicial branch of tate government;
(19 ) the Texas Association of ional Councils;
(20) the United States Air Force Auxiliary Civil Air Patrol, Texas
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
Wing;
(21) eac h trauma service a rea reg iona 1 ad visory counci 1;
(22) state agencies, counties, and municipalities affected by the
emergency, including 9 -1-1 agencies; and
(23) other agencie s as determined by the division.
Added by Acts 2009, 81st Leg., R. S ., Ch . 1 280 (H.B. 1831), Sec. 1.10, eff.
Se ptember 1, 2009 .
SUB CH APTER D. FINANCE
Sec. 418.071. STA TE POLICY. It is the intent of the legi sla ture and the
policy of the state that funds to meet disaster emergencies always be
available.
Acts 19 87 , 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 418.073. DISASTER CONTINGENCY FUND. (a ) The disaster contingency
fund cons ists of money appropriated to the fund.
(b) It is the intent of the legislature that in responding to an
emergency or disaster, the first recourse of sta te and l oca l agencies should be
to the funds regularly appropriated to those agencies.
Text of sUbsection as added by Acts 2007, 8 0th Leg., R.S., Ch. 992 (S.B .
1339), Sec. 1
(c) The purposes for which money in the disaster co ntingency fund may be
used include making funds available to a state or l oca l agency that will use
the funds to provide as sis tance to producers of agricultural products affected
by or re cover ing from a disaster caused by severe drought, wildfire, flood,
storm, o r hurricane. In this subsection, "agricultural products" includes:
(1) horticultural, viticultural, forestry, dairy, livestock, poultry,
and bee products, including products o f exotic livestock as defined by Section
161.001, Agriculture Code ; and
(2) any farm or ranch product, including a pr oduct produced by
aquaculture as defined by Section 134.001, Agriculture Code.
Text of subsection as added by Acts 200 7, 80th Leg., R. S. , Ch. 1250 (H.B.
2694) , Sec. 1, and amended by Acts 2009 , 81st Leg., R. S. , Ch. 1006 (H.B.
4102), Sec. 1
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
(c) A ta or local government entity that parti es in disaster
preparation or disaster recovery may request and receive from the
disaster contingency fund to pay for costs incurred the state or ocal
government enti in prepar for or recove ng rom a disaster.
(d) The division hall administer the disaster cont fund and shall
develop and t rules and procedures for provid emergency assistance
from the fund. The division shall annually report to the speaker of the house
of representatives and the lieutenant governor tures from the fund, the
overal status of the fund, and any to rules and procedures reg
the fund.
() A state or local government enti or other el le entity that
receives from the disaster contingency fund to pay for costs associated
with disaster recovery and that s ly receives reimbursement from the
federal government, an insurer, r another ource for those same costs shal
reimburse the disa ter cont y fund for reimbursed amounts. In
deve rules and procedures under Subsection (d) the governor's division of
emergency management hall prescribe account and other procedures necessary
to efficiently and effectively implement this subsection.
(g) in the disaster cont ncy fund may be used to pay for a
dis ster risk financing instrument us a parametric index based on affected
populati to leverage available funds and receive proceeds greater than
app ted amount to pay for extraordinary expenses.
(h) in the disaster cont ncy fund may be used to to
local government entity that is suffering financial hards as a result f a
disaster declared under this r funds for the purpose f provi local
ma funds for Federal Emergency t quali ng projects.
Acts 198 , 70th . , ch. 147, Sec. 1, eft. 1, 1987.
Amended by:
Acts 200 , 80th · , R.S., Ch. 99 (S. 1339), Sec. 1, eff. June 15,
2007.
Acts 2007, 80th Leg., R.S., Ch. 1250 (H.B. 2694), ec. 1, eff. June 15,
2007.
Acts 2009 f 81st · , R. S ., Ch. 1006 (H. B. 4102) , Sec. 1, eff. June 19,
2009.
Act 2009 f 81st · , R. S ., Ch. 1006 (H. B. 410 ), Sec. 2, eff. June 19,
2009.
Acts 2009, 81st ·, R. S., Ch. 1146 (H.B. 27 0), Sec. 2B.05, eft.
r 1,2009.
Sec. 418.074. ACCEPTANCE AND ALLOCATION OF GIFTS AND GRANTS. (a) If the
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
federal government, another public or private agency, or an individual offers
to the state or through the state to a political subdivision services,
equipment, supplies, materials, or funds as a gift, grant, or loan for purposes
of emergency services or disaster recovery, the governor (if required by the
donor) or the presiding officer of the governing body of the political
subdivision may accept the offer on behalf of the state or political
subdivision, as applicable.
(b) If a gift, grant, or loan is accepted by the state, the governor, or
the emergency management councilor chief of the division if designated by the
governor, may dispense the gift, grant, or loan directly to accomplish the
purpose for which it was made or may allocate and transfer to a political
subdivision services, equipment, supplies, materials, or funds in the amount
the governor or the governor's designee may determine.
(c) Funds received by the state shall be placed in one or more special
funds and shall be disbursed by warrants issued by the comptroller on order of
the governor or the governor ' s designee . The governor shall name the designee
in a written agreement accepting the funds or in a written authorization filed
with the secretary of state. On receipt of an order for disbursement, the
comptroller shall issue a warrant without delay.
(d) If the funds are to be used for purchase of equipment, supplies, or
commodities of any kind, it is not necessary that bids be obtained or that the
purchases be approved by any other agency.
(e) A political subdivision may accept and use all services , equipment ,
supplies, materials, and funds to the full extent authorized by the agreement
under which they are received by the state or political subdivision .
Acts 1987, 70th Leg., ch. 147, Sec. 1 , eff. Sept. 1, 1987 .
Amended by :
Acts 2009, 81st Leg., R .S., Ch. 1146 (H .B. 2730), Sec. 2A . 04, eff.
September 1, 2009.
SUBCHAPTER E. LOCAL AND INTERJURISDICTIONAL EMERGENCY MANAGEMENT
Sec . 418.101. ALL POLITICAL SUBDIVISIONS SERVED. (a) Each political
subdivision is within the jurisdiction of and served by the division and by a
local or interjurisdictional agency responsible for disaster preparedness and
coordination of response.
(b) The presiding officer of the governing body of each political
subdivision shall notify the division of the manner in which the political
subdivision is providing or securing an emergency management program , identify
the person who heads the agency responsible for the program, and furnish
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
additional pertinent information tha the division re. The person so
desi shall a ish rain pres ribed the divi on.
Acts 198 , 70th . , ch. 147, Sec. I, eff. I, 1987 . Amended by Acts
1997, 75th . , ch. 992, Sec. 9, eff. 1, 1997.
Se . 418. 015. EMERGENCY MANAGEMENT DIRECTORS. (a) The presiding
officer of the governing of an incorporated city or a coun or the chief
administrative officer of a j int board is des a the emergency
director for the of cer's polit cal ubdivisio.
(b) An emergency mana director serves as the governor's des
in the administration and supervision of duties under this r. An
emergency director may exercise the powers granted to the governor
under this r on an appropriate local scale.
() An emergency management director may de a person to serve as
emergency coordinator. The emergency mana coordinator shall
serve as an assistant the emergency management director for emergency
purposes.
(d) A person, other than an emergency management director exercising
under Subsection (b) a power granted to the governor, may not seize state or
federal resources without prior uthoriz ion from the division or the state or
federa agency having re ponsibil r those resource .
Added by Acts 2007, 80th ., R. s. , Ch. 865 (H .B. 1471) , Sec . 1.02, eff. June
IS, 2007.
Amended
Acts 2009, 81st • I R. S . I Ch. 1280 (H.B . 1831) , Sec. 1.11, eff.
SrI, 2009.
Sec. 418.102. COUNTY PROGRAMS. (a) Each shall maintain an
emergency management program r parti e in a local r interjurisdictional
emergency program that, a otherwise provided this
r, has jurisdiction over and serves the entire county
interjurisdictional area.
(b) The program is the f rst channel which a
corporation or a joint board shall request assistance when its resources are
exceeded. sts that exceed the county ility shall be forwarded to the
state as prescribed in the state emergency management plan.
Acts 1 87, 70th Leg., ch. 147, Se . 1, eff. I, 1987. Amended Acts
1997, 75th ., ch. 992, Sec. 10, eff. Sept. I, 1997 i Acts 2003, 78th Leg. I
ch. 33, Sec. 2, eff. May 4,200.
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1
GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
Sec . 418.103. MUNICIPAL PROGRAMS. (a) The governor sha ll determine
which municipal corporations need emergency management programs of their own
and shall recommend that they be established and maintained. The governor
shall make the determinations on the basis of the municipality's disaster
vulnerability and capab ility of response related to population size and
concentration .
(b) The emergency management program o f a county must be coordinated with
the emergency management programs of municipalities situated in the county but
does not apply in a municipality having its own emergency management program.
Acts 1 987 , 70th Leg., ch . 147, Sec . 1, eff. Sept. 1, 1 987 .
Sec. 41 8 .104. INTERJURISDICTIONAL PROGRAMS. The governor ma y recommend
that a political subdivis ion establish and maintain a program and form an
interjurisdicti ona l agency jointly with one or more other political
subdivi s ions if the governor finds that the establishment and maintenance of a
joint program or participation in it is made necessary by c ircumstances or
conditio ns that make it unusually difficult to provide disaster mitigation,
preparedness, resp ons e, o r recovery services under other provisions of this
chapter.
Acts 1987, 70th Leg., c h. 147, Se c . 1, eff. Sept . 1, 19 8 7. Amended by Acts
1997, 75th Le g ., c h. 992 , Sec . 10, eff. Sept. 1, 1997.
Sec. 418.105. LIAI SO N OFFICERS. (a ) Each city that does not have a
program and has not made arrangements to secur e or participate in the services
of an existing program shall designate a liaison officer to facilitate the
cooperation and protection of the city in the work of disaster mitigation,
preparedness, response, and reco ve ry.
(b ) Ea ch co unt y shall pro vi d e an office and a liais on of ficer to
coordinate with state and federal emergency management personnel concerning
disaster mitigation, preparedness, response, and recovery activities under
other provisions of this chapter.
Acts 1987, 70th Leg., ch . 147, Sec . 1, eff. Sept. 1, 19 87 . Amended by Acts
1997, 75th Leg., ch . 992, Se c . 10, eff. Sept . 1, 1997.
Sec . 418.106. LOC AL AND INTERJURISDICTIONAL EMERGENCY MANAGEMENT PLANS.
(a) Each lo ca l and interjurisdictional agency shall prepare and keep current
an emergency management plan for its area providing f o r disaster mitigation,
preparedness, response, and recovery.
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
(b) The must provide for:
(1) wage, , and rent controls and other e onomic stabili ation
methods in the event of a disaster; and
rfews, blockades, and limitations on utility use in an area
affected a di ste f rules governing entrance to and exit from the affected
area, and other security measures.
(c) The local or interjurisdictional emergency management agency s 11
prepare in written form and distribute to a appropriate officials a clear and
te statement of the disaster responsibi itie of all local agencie and
officials and of the disa ter channels of assistance.
(d) Each local or inte urisdict ona agency shall conduct at least one
ic meet each calendar year to e information about its emergency
plan. Each agency shall provide written notice of the date, time,
and location of the meet ,not later than the fifth before the meet
to the line safety section of the gas service division of the Railroad
Commission of Texas.
(e) An emergency an of an agency is from the
requirements of Subsection (d) if:
() the emergency pi cont ins sensitive formation
relat to crit cal infrastructures or fac ities; and
(2) the safety 0 of those infrastructures or facilities
could be jeopardized by disclos re of the emergency rna plan.
Acts 987 I Oth ch. 47, Sec. 1, eff. I, 1987. Amended Acts
1997,75th ch. 992, Sec. 11, eff. S I, 1 97; Acts 2003, 78th . ,• I
ch. 557, Sec. eff. I, 2003.
Sec. 48.107. LOCAL FINANCE. ( ) A itical subdivision may make
appropriations for emergency management servi as provided law for rna
ations r ordinary expenses.
(b) Political subdivisions may make agreements for the purpose of
z emergency service divisions and provide for mutual
method of the organization f units on a basis satisfactory to the
subdivisions.
(c) A loca government ent may render mutua aid to other local
government entities under mutual aid agreements or the system.
(d) A tical subdivision may issue time warrants for the pa of
the cost of any equ construction, acquisition, or any rovements for
car out this r. The warrants shall be issued in accordance with
2 2, Loca Government Code, in the case of a munic ity, or
r C, r 62, Local Government Code, in the case of a county.
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
Time warrants issued for financing permanent construction or improvement for
emergency management purposes are subject to the right of the voters to require
a referendum vote under Section 252.045 or 262.029, Local Government Code, as
applicable.
Acts 1987, 70th Leg. , ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts
1999, 76th Leg. , ch. 1064, Sec. 30, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg. , Ch. 1337 (S.B. 9) , Sec. 7 , eff. June 18, 2005.
Acts 2007, 80th Leg. , R.S., Ch. 258 (S. B. 11) , Sec. 1. 03, eff. June 6,
2007.
Acts 2007, 80th Leg. , R. S . , Ch. 865 (H.B. 1471) , Sec. 1.03, eff. June 15,
2007.
Acts 2009, 81st Leg. , R. S. , Ch. 1280 (H.B. 1831), Sec. 1.12, eff.
September 1, 2009.
Sec. 418.1075. SUSPENSION OF DEADLINES IMPOSED BY LOCAL LAW. (a)
Notwithstanding any other law, a deadline imposed by local law on a political
subdivision, including a deadline relating to a budget or ad valorem tax, lS
suspended if:
(1) the territory of the political subdivision is wholly or partly
located in the area of a disaster declared by the president of the United
States or the governor; and
(2) the presiding officer of the political subdivision or, if there
is no presiding officer, the political subdivision's governing body, proclaims
the political subdivision is unable to comply with the requirement because of
the disaster.
(b) The presiding officer of the political subdivision or, if there is no
presiding officer, the political subdivision's governing body, may issue an
order ending the suspension of a deadline under this section. A deadline may
not be suspended for more than 30 days after the date the presiding officer
or governing body, as appropriate, makes the proclamation described by
Subsection (a) (2) .
Added by Acts 2009, 81st Leg., R.S., Ch. 990 (H.B. 3851), Sec. 2, eff. June
19, 2009.
Sec. 418.108. DECLARATION OF LOCAL DISASTER. (a) Except as provided by
Subsection (e), the presiding officer of the governing body of a political
subdivision may declare a local state of disaster.
(b) A declaration of local disaster may not be continued or renewed for a
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
period of more than seven e with the consent of the governing of
the political subdivision or the joint board a provided Subsection (el, as
icable.
(c) An order or proclamation decla cont r terminating a
local state of disaster shall be prompt and general ici ty and shall
be filed ly with the city secretary, the county clerk, or the joint
board's official records, as applicable.
(d) A declaration of local disaster activate the ate recovery
and rehabilitation a of all icable local or interjurisdictional
emergency plans and authorizes the furnish of aid and assistance
under the declaration. The preparedness and response a s of
the plans are activated as in the plans and take effect immediately
after the local state 0 disaste is declared.
(el The chief admini trative officer of a joint board has exclusive
authority to declare that a local state of disaster exists within the
boundaries of an airport operated or controlled the joint board, regardless
of whether the airport is located in or outside the boundaries of a poli ical
subdivi ion.
(fl The j or the mayor of a muni li may order the
evacuation 0 al or part of the population from a stricken r threatened rea
under the jurisdiction and authority of the county j or mayor if the county
judge or mayor considers the action necessary for the preservation of life or
other disaster mit ion, response, or recovery.
(g) The county J or the mayor of a muni lity may contro s
to and egress from a disaster area under the urisdiction and authority of the
county j or mayor and control the movement f persons and the occupancy of
es in that area.
(h) For purposes of Subsections (f) and (g):
(1) the jurisdiction and authority of the county j includes the
and unincorporated areas of the i and
(2) to the extent of a conflict between decisions of the county
and the mayor, the decision of the county j prevails.
(i) A declaration under this section may include a restriction that
exceeds a rest iction author zed Section 352.05 , Local Government Code. A
restriction that exceeds a restriction authorized by Section 352.051, Loca
Government Code, is effective only:
(1) for 60 hours unless extended the governor; and
(2) if j reques s the governor to an extension
of the restriction.
Acts 987, 70th . , ch. 147, Sec. I, eft. S 1, 1987. Amended Acts
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
2003, 78th Leg., c h. 33, Sec. 3, eft. May 14, 200 3 .
Amended by:
Acts 2005, 79th Leg., Ch. 274 (H.B. 3111), Sec. 1, eft. June 9, 2005.
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. l7.01, eft. September
1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.13, eft.
September 1, 2009.
Sec. 418.109. AUTHORITY TO RENDER MUTUAL AID ASSISTANCE. (a) Repealed
by Acts 2007, 80th Leg., R.S., Ch. 865, Sec. 1.08, eft. June 15, 2007.
(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 865 , Sec. 1.08, eft. June
15, 2007.
(c) Repealed by Acts 2007 , 80 th Leg., R.S., Ch. 865, Sec. 1.08, eft. June
15, 2007.
(d) A local government entity or organized volu nteer group may prov ide
mutual aid assistance on request from another lo ca l government entity or
organized volunteer group. The chief or highest ranking officer of the entity
from which assistance is requested, with the approval and consent of the
presiding officer of the governing body of that entity, may provide that
assistance while acting in accordance with the policies, ordinances, and
procedures established by the governing body of that entity.
Acts 1987, 70th Leg., ch . 147, Sec. 1, eft. Sept. 1, 1987. Amended by Acts
1995, 74th Leg., ch. 497, Sec. 2 , eft. June 12, 1995; Acts 2003, 78th Leg.,
ch. 1204, Sec. 2.00 2 , eff. Sept . 1, 2003 .
Amended by:
Acts 2 005, 79th Leg., Ch. 1337 (S .B. 9), Sec. 8, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch . 258 (S.B. 11), Sec. 1.04, eft. June 6 ,
2007.
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.05, eff. June 6,
2007.
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.08, eff. June 6,
2007.
Acts 20 07 , 80th Leg., R.S., Ch. 865 (H.B. 1471 ) , Sec. 1.04, eft. June 15,
2007.
Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471 ) , Sec. 1.05, eft. June 15,
2007 .
Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.08, eft. June 15,
2007 .
Sec. 418.110. STATE WIDE MUTUAL AID PROGRAM FOR FIRE EMERGENCIES. (a)
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
The division, in consultation with state fire ection agencies and the Texa
Commission on Fire Protection, may develop a tatewide mutual aid program fo
fire emergencies.
(bl A program deve under this section:
(1) does not alter the legal obli ions f a political subdivision
partic t in the system; and
(2 ) must be consistent with the state emergen management plan.
Added by Acts 997, 75th Leg., ch. 1172, Sec. . 01, eff. Se I, 997 .
Amended by:
Acts 2007, 80 Leg., R. . , . 865 (H.B. 14 ), Sec. .06, ef . June 15,
2007.
Sec. 418.1101. PLAN FOR CONTINUITY OF FUNCTIONS. (al The governing
f a itical subdivision may at any time a plan for the continuity
functions of the politica subdivi ion to be ca ried ou du a disaste
declared as law the president of the United States r the
governor or dur another catast c event.
(b) The an may provide for:
(1 ) del any administrative du of the gove of the
political subdivision or any officia or oyee of the political subdivision
to another appropriate person;
establ orders 0 succession for perfo essential
functions of the itical subdivision; and
(3) establi mee ing procedures for the governing of the
itical subdivision.
(c) The an may not provide for the delegation of a duty that the
govern official is required to perform by the Texas Cons itu ion.
Added Acts 200 ,80th ., R.S., Ch. 338 (S.B. 61), Sec. 1, eff. June 5,
2007.
Renumbered from Government Code, Section 4 8.111 by Acts 2009, 81st ., R.S.,
Ch. 87 (S.B. 1969), Sec. 27.001(26), eff. S r 1, 2009.
Sec. 418.102. EXCEPTION TO IREMENTS. (a) This section
ies to a loca governmenta entity rea ted and operat under the laws of
this state, inc a politica subdivision, school district, or special
dis rict or authority.
(b) Notwiths any other law, a quorum is not required for the
gove of a local governmental enti o act if:
(1) the entity's jurisdiction is whol or partl located In the area
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
of a disaster declared by the president of the United States or the governor;
and
(2) a majority of the members of the governing body are unable to be
present at a meeting of the governing body as a result of the disaster.
Added by Acts 2007, 80th Leg., R.S., Ch. 338 (S.B. 61), Sec. 1, eff. June 15,
2007.
Renumbered from Government Code, Section 418.112 by Acts 2009, 81st Leg., R.S.,
C h . 8 7 ( S . B . 1 9 6 9 ), Sec. 27. 0 0 1 (2 7 ), e f f. S e ptemb e r 1, 2 00 9 .
SUBCHAPTER E-1. TEXAS STATEWIDE MUTUAL AID SYSTEM
Sec. 418.111. CREATION OF THE TEXAS STATEWIDE MUTUAL AID SYSTEM. (a)
The Texas Statewide Mutual Aid System is established to provide integrated
statewide mutual aid response capability between local government entities
without a written mutual aid agreement.
(b) A request for mutual aid assistance between local government entities
is considered to be made under the system, unless the requesting and responding
entities are parties to a written mutual aid agreement in effect when the
request is made.
(c) This subchapter does not affect a written mutual aid agreement
between local government entities in effect on or before the effective date of
this subchapter or restrict the ability of local government entities to enter
into a written mutual aid agreement as otherwise authorized by statute after
the effective date of this subchapter. If a request is made between local
government entities that are parties to a written mutual aid agreement, the
terms of that agreement control the rights and obligations of the parties.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.07, eff. June
6 , 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.07, eff. June
15, 2007.
Sec. 418.112. ADMINISTRATION BY DIVISION. The division shall administer
the system. In administering the system, the division shall encourage and
assist political subdivisions in planning and implementing comprehensive all
hazards emergency management programs, including assisting political
subdivisions to ensure that the local emergency management plan of each
subdivision adequately provides for the rendering and receipt of mutual aid.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 1.07, eff. June
6, 2007.
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
Added Acts 2007, 80th Leg ot R.Sot Ch. 865 (H.B. 1471), Sec. 1.07, eff. June
15, 2007.
Sec. 418.113. SASTER DISTRICTS. (a) This sate s divided nto
disaster districts to engage in homeland securi preparedness and response
activities. The boundaries of the disaster districts coincide with the
ic boundaries of the state plann regions established the governor
under Chapter 391, Local Government Code.
(b) A disaster district committe is establi hed for each disaster
district. Each committee is composed 0 local representatives f the state
agencies, boards, and commiss ons and organized volunteer groups with
representation on the emergency rna council.
() Each disaster district committee shall coordinate with itical
subdivisions located in the disaster di trict to ensure that s ate and federal
emergency assets re made available as needed to provide the most efficient and
effective response possible.
(d) The ic safety director of the rtment of Public Safety f the
State of Texas shall appoint a commanding fficer from the Texas Hi y Patrol
to serve as chair of each disaster district committee. The chair shall:
(1 ) inform the state Director of Homeland Secur on all matters
relating to disasters and emergencies as requested by the state Director of
Homeland Secu ; and
(2 ) inform the ic sa director of the rtment of Public
Safety of the State of Texas on all matters as requested the li safe
director.
sentatives f the emergency council assi to each
district shall assist the chair of their disaster distr ct committee and
(el
guidance, counsel, and admini trative as requ red.
Added by
6, 200
Added by
15, 2007.
Acts
Acts
2007,
2007,
80th
Oth
. ,
. ,
R. S .,
R. S. I
Ch.
Ch.
258 (S. B.
865 (H. B.
) ,
471)
Se .
, Sec .
1.07,
1.07 I
eff.
eff.
June
June
Sec. 18. 5. ESTING AND PROVIDING MUTuAL AID ASSISTANCE. (a) A
request for mutua aid assistance may be submitted verbally or in writ If
a request is ubmitted verbally, it must be confirmed in writing.
(b) If a request for mut 1 a assistance is made to a rtment or
agency of a it cal ubdivi ion, the chief or st ranking fficer of the
rtment or agency, with the approval and consent of the pre officer of
gove body of the itical subdivision or that officer's designee, may
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
provide the requested assistance in ac cordance with the policies, ordinances,
and procedures established by the governing body of the po litical subdivision.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11 ), Sec. 1.0 7 , eff. June
6, 2007.
Added by Acts 2007 , 80t h Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.07, eff. June
15, 2007.
Amended by:
Acts 2013, 83rd Le g ., R.S., Ch . 708 (H.B. 3178), Sec. 1, eff. June 14,
2013.
Sec. 418.1151. ASSESSMENT OF ABILITY TO RENDER ASSISTANCE. (a) When
contacted with a request for mutual aid assistance, a local government entity
shall assess local resources to determine availability of personnel, equipment,
and other assistance to respond to the request.
(b) A responding local government entity may provide assistance to the
extent personnel, equipment, and resources are determined to be available. A
local government entity is not required to provide mutual aid assistance unless
the entity determines that the entity has sufficient resources to provide
assistance, based on current or anticipated events in its jurisdiction.
Added by Acts 2007, 80t h Leg. , R. S. , Ch. 258 (S.B. 11) , Sec. 1.07 , eff. June
6, 2007.
Added by Acts 2007, 80th Leg. , R. S . , Ch. 865 (H .B. 1471), Sec. 1.07, eff. June
15, 2007 .
Sec. 418.1152. SUPERVISION AND CONTROL. When providing mutual aid
assi stance under the system:
(1) the response effort must be organized and function in accordance
with the Nati ona l Incident Management System guidelines;
(2) the personnel, equipment, and resources of a responding local
government entity being u sed in the response effort are under the operational
control of the requesting local gov ernment entity unless otherwise agreed;
(3) direct supervision and con tr ol of personnel, equipment, and
resources and personnel accountability remain the responsibility of the
designated supervisory personnel of the responding l oca l gov ernment entity;
(4) unless otherwise agreed in advance, an emergen cy medical service
orga nizati on providing assistance under the system shall use the medical
protocols authorized by the organization 's medical director;
(5) the designated supervisory personnel o f the responding local
government entity shall:
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
(Al maintain daily personnel time records, material records, and
a of equ hours;
(B) be responsible for the opera ion and maintenance the
and other resources furnished he re local government
entity; and
(C) report work progress t the request local government
enti and
(6) the re local government entity's personnel and other
resources are s ect to recall at any time, sub ect to reasonable notice t
the request local government entity.
Added by Acts 007, 80th · , R. S ., Ch. 258 (S .B. 11) , 1.07, ff. June
6, 200
Added Act 200, 80th ., R,S" Ch. 865 (H.B. 1471), Sec. 1.07, f. June
15, 2007.
Sec. 4 8.1153. DURATION OF AID. The sion f mutual aid as istance
under the system may continue until:
ing local government ent are no
longer required; or
( 1 ) the services of the
(2 ) the re 1 1 government entity determines that further
assistance should not be provided.
Added by Acts 2007, 80th Leg. , R. S. , Ch. 258 (S.B. 11 ) , Sec. 1.07, eff. June
6, 2007.
Added Acts 2007, 8 th · , R. S. , Ch. 8 5 (H.B. 1471) , c. .07, eff. June
15, 2007.
Sec. 418.116. RIGHTS AND PRIVILEGES. (a) A person ass des
or ordered to perform duties the govern of the local government
ent ng the person in response to a request under the system is
entitled to receive the arne wages, salary, pension, and other ion and
benefits, includ injury or death bene ts, disabi i pa Sl nd worke
compensation benefits, for the performance of the duties under the system as
the services were rendered for the entity empl the person.
(bl The local government enti employing the person is responsible for
the f wages, salary, pension, and other compens ion and benefits
associated with the performance of duties under the system.
Added Acts 2007, 80th · , R. ., Ch. 2 (S.B. 11), Sec. 1.07, eff. June
6, 200
Added by Acts 2007, 80th Leg., R.S., Ch. 865 (H.B. 1471), Sec. 1.07, ef . June
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
IS, 2007.
Sec. 418.11 7. LI CENS E PORTABILITY. If the assistance of a person who
holds a license, certificate, permit, o r ot her document evidencing
qualification in a professional, mechanical, or other skill is requested by a
state agency or local government entity under the system, the person is
considered licensed, certified, permitted, or otherwise documented in the
political subdivision in which the servi ce is provided as long as the service
is required, subject to any limitations imposed by the chief executive officer
or the governing body of the requesting state agency or local government
entity.
Added by Acts 2007, 80th Leg. , R. S., Ch. 258 (S .B. ll) , Sec. 1.07, eff. June
6, 200 7.
Added by Acts 2007, 80t h Leg. , R. S., Ch. 865 (H.B. 1471) , Sec. 1.07, eff. June
IS, 2007.
Amended by:
Acts 2009 , 81st Leg., R.S., Ch. 1280 (H.B. 18 3 1), Sec. 1.14, eff.
September I, 2009.
Sec. 418.118. REIMBURSEMENT OF COSTS: STATE REQUEST OR FEDERAL DISASTER
DECLARATION. (a) The division shall administer all requests for reimbursement
for costs associated with providing mutual aid assistance in response to a
request made by the division for an incident resulting in the issuance of a
disaster declaration by the president of the United States. A request for
reimbursement made to the division must be made in accordance with procedures
developed by the division.
(b) The division may directly request the provision of mutual aid
assistance from any local government entity participating in the system. If
the division requests the provision of assistance and the local government
entity responds, the state shall reimburse the actual costs of providing
assistance, including costs for personnel, operation and maintenance of
equipment, damaged equipment, food, lodging, and transportation, in cu rred by
the responding l ocal government entity. The state shall pay reimbursements
from available state money. If funds are made available from the disaster
contingency fund, the division shall make reimbursement from the disaster
contingency fund for eligible expenses to the extent that available s tate money
is inadequate.
(c) If federal money is available to pay costs associated with the
provision of mutual aid assistance in response to a request made by the
division, the division shall make the claim for the eligible costs of the
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
ng local government entity on the divis on's application and
shall disburse the federal share of the money to the responding local
government entity, with suff cient state funds to cover the actual costs
incurred the respond local government entity in providing the a s stance.
Added Acts 2007, 80th ·, R.S., Ch. 258 ( . B. 11) , Sec. 1.07, eff. June
6, 07.
Added Acts 2007, 80th · , R. S., Ch. 86 ( . 4 ) , Sec. 1. 0 , eff. June
15, 200
S 418.1181. REIMBURSEMENT OF COSTS: T BY LOCAL GOVERNMENT
ENTITY. (al If a local government entity requests mutual aid assistance from
another local government entity under the system that requires a response that
exceeds 12 consecutive hours, the requesting local government entity shall
reimburse the actual costs of providing mutual id assistance to the responding
loca government ent incl costs for personnel, operation and
maintenance of food, , and ransportation,
incurred the re local government e response to a t for
reimbur ement. Local government entities with mutual aid agre when the
request for mutual aid ass stance is made are sect to the agreement's terms
of reimbursement, as provided by Section 418.111.
(b) The request local government entity shall pay the reimbursement
from available funds. If federal money is available to pay costs associated
with the sion of mutual aid assistance, the requesting local government
ent sha make the claim r the el e cos s of the res local
gove ent on the reques enti 's application and shall
disburse the federal sha of the money to re loca rnment
entity, with sufficient I funds to cover the actual costs of the ng
local government entity assistance.
Added Acts 2007, 80th ·, R.S. , Ch. 258 (S .B. 11) , Sec. 1.07, eff. June
6, 200
Added Acts 2007, 80th • I R. S. I Ch. 865 (H.B. 1471) I Sec. 1. 0 , eff. June
15, 2007.
Amended
2013, 83rd ., R. ., Ch. 708 (H. B. 3 ), Sec. 2, eff. June 14,
20 3.
SUBCHAPTER F. DISASTER MITIGATION
S c. 418.121. DUTY OF GOVERNOR. (a) In addition to disaster mit ion
measures included in the state, local, and interjurisdictional emergency
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
management plan , the governor shall as continuing duty consider steps that
could be taken to te the harmful consequences of disasters.
(b) the d rection f the governor and pursua to any other authori
and competence a state agency may have, a state agency sha study matters
related to disaster mitigation. This includes agencies cha with
responsibility in connection with fl lain management, stream encroachment
flow ation, weather modification, fire prevention and contro , air
ity, lic wo ks, land use and land e ng, and construction
standa
(c) The governo hall from time to time ke recommendati ns to
slature, local governments, and other appropriate i and private
entities as may facilitate measures to mit te the harmful consequences of
disasters.
Acts 987, 70th Leg., ch. 147, Sec. 1, 1, 1987. Amended by s
1997, 75th . , ch. 992, Sec . 13, eff. 1, 19 7.
Sec. 418.22. STATE STUDY OF LAND USE AND CONSTRUCTION STANDARDS. (a)
The Texas Natural Resource Conservation Co~~ission and other state agencies, in
unction with the vision, shall land uses and const ion of
ructures and other faci ities under continuing study and shall identi areas
that are parti rly sus ible to seve land hifting, ubsidence,
flooding, or other catast
(b) The studies shall concentrate on means of reducing or avoiding the
rs and consequences f a catast
'fActs 9 7, 70th ch. 147, 1, e Sept. 1987. Amended by Acts
1995, 74th ., ch. 76, Sec. 11.08, eff. S 1995.
Sec. 418.123. RECOMMENDATIONS FOR CHANGES IN LAND USE OR CONSTRUCTION
STANDARDS. (a) The division sha 1 recommend to the governor the s it
considers essential if the division believes, on the basi f the studies under
Section 418.122 or other evidence tha :
( ) an area is sus ib1e to a dis ter of catast ic P ions
without te warni
(2) xisting bui standards and land use controls In that area
are i
te and could add substantia to the magnitude of the d sasteri
and
ions, other land-use regulations, or
building requirements are essential to further the purposes f this s r.
(3 ) s in zing
(b) The governor shall review the recommendations. If after lic
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
hear the governor finds the changes are essentia , the governor shall make
or local government with
urisdiction over the area and s matt r.
e recommendations to the
(c) If no action or insuffici action pursuant to the governor's
recommendations i taken wit the time specified the governor, the
governor shall inform the is ature and request islative action
appropriate to mit the impact of the disaster.
Acts 1987, 70th . , ch . 147, Sec. I, eft. 1, 19 7.
Sec. 418.124. SOSPENSION OF LAND USE OR CONSTRUCTION STANDARDS. (a)
When the governor makes recommendat ons under Section 418.123, the governor may
su the standard or control found to be inadequate ect public
safety and by rule may place a new standard or control in effect.
(b) The new tandard or control remains e fect until rejected
concurrent solution of both hou es of the 1 slature or amended by the
governor.
(c) During the time the new standard or control is in effect, it shall be
administered and given effect all app te regulatory es of the
and 0 the local governments to which it a es.
(d) The governor' action under this ion is sub ect to udicial
review but is not sect to rary stay li ion.
Acts 1987, 70th . , ch . 7, Sec. 1, e f. Sept. 1987.
Sec. 4 8. 6. PRE-EVENT DISASTER RESPONSE CONTRACTS. (a) The General
Land Office shall solicit proposals for and enter into one or more pre event
contracts that may be activated by the ffice in the event of a weather-related
disaster declaration to obtain services for debris removal from beaches as
needed foll the disaster.
(b) The Texas rtment of Trans ion shall solicit proposals for
and enter into one or more pre event racts may be activated the
rtment in the event of a weather-related disaster declaration to obtain
services for debris removal from the state y system as needed foll
the d saster.
( c) The Texas rtment f Hous and Affa rs shall solicit
proposals for and enter into one or more pre-event contract hat may be
activated by the department in the event of a weather related d saster
declaration to obtain ry or emergency housing as needed fol the
disaster.
(d) Services obtained under a pre-event contract under this sect may
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
be paid for with money from the disas contingen fund under tion
418.073.
Added Acts 200 , 81st ., R. S . I Ch. 1408 (H . B . 4409) , Sec. 3, e f .
2009.
SUBCHAPTER G. IT EN DUTIES D CLAIMS COMPENSATION
418.15 . ITIZEN DUTIES. (a) Each pe on in state sha
conduct himself and and manage s affairs prope in ways that will
reasonably assist and wil not unreasonably detract the ab li of the
state and the lic successfully to manage emergencies. This obligation
includes appropriate personal s rvice and use or restriction on the use of
prope in time of disa ter.
(b) Thi er ne r increa nor decrea es these obligations but
rQrnnnizes their existence under the constitution and tutes of th state
and the common law.
Acts 1 87, 70th Leg., ch. 147, Sec. 1, eff. S 1987.
Sec. 418. 5 . COMPENSATION FOR SERVICE AND PROPERTY. (a) S ces or
the ta or use of property shall be compensated only to the extent that:
(1) the obl ions re zed in this chapter are exceeded in a
particular case; and
(2) the claimant not be considered to have volunteered services
or property without compensation.
(b) Personal se s may compensa the s or a
ubdivis or agency of the state ex under st tute or ordinance.
( c) ation for prope may be made only the property was
commandeered or rwise used in coping with a disaster and its use or
destruction was ordered the governor or a member of the saster force of
this state.
Act 1987, 70th . , ch. 147, Sec. 1, eff. 1, 987.
Sec. 418.153. COMPENSATION CLAIMS. (a) A person cIa compens
for the use, los, dest ion of prope under thi r
a claim fo compensation with the divi ion in the form and manner required
the division.
(b) Unless the amount of compensation on account of proper
loss, or destruction is on between the cl ima and t division,
amount of compensation is ed in same manner as compens ion due for
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I
GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
taking of property unde the condemnation laws of th s state.
Acts 1987, 70th · , ch. 147, 1, eff. 1, 1987.
Sec. 41 . 54. CERTAIN CLAIMS EXCLUDED. This s r does not y to
or author ze compensation for:
(1) the destruction or ing of standing timber other property
in order to a firebreak;
() the release of water or breach of s in order to reduce
pressure or other from actual or threatened flood; or
(3) contravention of Article I, Sect 17, of the Texas Constitution
or statutes perta ning to that ection.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER H. MISCELLANEOUS PROVISIONS
Sec. 418. 1. QUALIFICAT ONS FOR RENDERING AID. A person who holds a
license, certificate, or other permit i ued by a state or poli ical
subdivis of any state evidencing the meeting of qualification for
ssional, mechanical, or other skills may render aid involving the skill in
s state to meet an emergency or disaster. This state hall give due
considerati to the lice , certifica or other permit
Acts 8 ,70th ch. 147, Sec. I, eff. I, 1987.·,
Sec. 8.1 2. INSURANCE COVERAGE. rty e insura
covering st te facilities may be sed by agencies of the state f
necessary to quali for federal disaster assistance funds.
(b) If sufficient funds are not available for the required insurance, an
agency may request funding from the disaster contingency fund to purchase the
insurance.
Acts 1987, Oth • I ch. 147, Sec. 1, eff. I, 1987.
Amended by:
Acts 2009, 1st Leg., .S., Ch. 1280 (H.B. 1831), Sec. 1.15, eff.
September 1, 2009.
Sec. 418.173. PENALTY FOR VIOLATION OF EMERGENCY MANAGEMENT PLAN. (a) A
te, loca , or inte urisdict onal emergency an may that
failure to y with the an or wi a rule, order, or ordinance
under the plan is an offense.
(b) The plan may prescribe a punishment for the offense but may not
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
prescr a fine that exceeds $1,000 or confinement in jail for a term that
exceeds 180
Acts 1987, ch. 147, Sec. 1, efC 1 87 .• I
Sec. 418 4. PERSONAL LIABILITY EXEMPTION OF MEMBER OF EMERGENCY
PLANNING COUNCIL OR LOCAL EMERGENCY PLANNING COMMITTEE. A member of the
emergency management council established under Section 18.013 r of a local
emergency plann committee established to devel an emergency management
program in accordance wi r E of this cha er is not personal
iable for civil for an action ari ing from the performance f the
person's ies on counci or committee.
Added by Acts 89, 71st Leg., ch. 851, Sec. I, eff. . 28, 198 .
Sec. 418.175. CERTAIN INFORMATION CONFIDENTIAL. (a) Information that
re tes to ical y or ment lly d abled individuals or other indivi Is
with pecia needs and that is maintained for rposes emergency rna
or disaster nning is confidential.
(b) This ion es to information in t possess on of any pers
including:
(1) the state, an agency of the state, a political subd sion, or an
agency of a political subdivision; or
(2) an lectric, telecommunications, gas, or water utility.
Added by Acts 1999, 6th Leg., ch. , Sec. 1, eff. June 18, 19 9. Amended
by Acts 2003, 78th ., ch. 13 2, Sec. 2, eff. June 21, 2003.
Sec. 418.17. CONFIDENTIALITY OF CERTAIN INFORMATION RELATING
EMERGENCY SPONSE PROVIDERS. (a) Informat on is ident al if the
in tion is coll ed, assembled, maintained r for governmental
entity for the purpose of ,detect responding to, or
invest t an act of terrorism r related criminal ac ivity and:
(1) relates to the staffing requirements of an emergency response
r, including a lawen orcement agency, a fire fighting agency, or an
emergency services agency;
(2) relates to a tact plan the provider; or
(3) consi ts of a ist or compilation of pager or te numbers,
including mobile and cellular te numbers, of the provider.
(b) In this section and Sections 418.17 418.183, "governmental entity"
include the gove ing of a nonprofit corporat on anized r e
67, Water Code, t provides a water supply or wastewater service, or both,
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
and is from ad valo taxat on under Section 11.3 , Tax Code.
Added Acts 2003, 78th . , ch. 1312, Sec. 3, eff. June 21, 003.
Sec. 8.177. CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO RISK OR
VULNERABILITY ASSESSMENT. Informati is confidential if the information:
(1) is collected, assemb1ed t or maintained or for a governmenta
enti for the purpose of preventing, detecting, or nvesti an act of
terrorism r related riminal ctivitYi and
(2 ) relates to an assessment or for a governmental enti f or an
assessment that i mainta ned by a governmental enti , of the risk or
vu1nerabili y of persons or property, including cri 1 infrastructure, an
act of terrorism or re ated criminal activity.
Added Acts 2003, 78th . , ch. 1312 I Sec. 3, eff. June 21, 2003.
Sec. 418.178. CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO
CONSTRUCT OR ASSEMBLY OF WEAPONS. (a) In this section, "explosive weapon"
has the mean a signed Section 46.01, Pena Code.
(b) Information is fidentia1 f it is information co ected,
assembled, 0 maintained by or r a governmental ent y and:
is more than likely to assist in the construction or assembly of
an explosive weapon or a chemical, bi logical, radiologica , or nuclear weapon
of mass destructlon; or
(2) indicates the specific location of:
(A) a chemical, b cal agent, toxin, or radioactive material
that i more than likely to be used in the construction or ssembly such a
weapon; or
(B) lished information relating to a potential vaccine to
a device that detects biological agents or toxins.
Added Acts 200 ,78th . , ch. 12, Sec. 3, ff. June 2 f 2003 .
Sec. 418.179. CONFIDENTIALITY OF CERTAIN ENCRYPTION CODES AND SECURITY
KEYS FOR COMMUNICATIONS SYSTEM. (al Information is confidential if the
information:
(1) is collected, assembled, or maintained or for a governmental
entity for the purpose of prevent ,detect or investigat an act of
rrorism related criminal i vi ty; and
(2) relates to the details of the enc ion codes or securi y keys
for a ic communication system.
(b) This section does not ibit a governmental entity mak
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
available, at cos , fide local news for the purpose of
monitoring emergency ications of 1 erest, the communica ions
terminals used in he enti 's trunked communicat ons system that have
ion codes i ta ed.
Added by Acts 2003, 78th . , ch. 1312, Sec . eff. June 21, 2003.
Sec. 418.180. CONFIDENTIALITY OF CERTAIN INFORMATION PREPARED FOR ON D
STATES. Information, other than financial fo t on, in the posse si a
governmental entity s confidential if the information:
(1) is part f a report to an agency f the Onited States;
(2) relates 0 act of terrorism or related criminal activity; and
(3) is spec fically required to be confidential:
(AI under Section 552.101 because of a federal statute or
regulation;
(8) to partic te in a state federal information shar
agreement; or
(Cl to obtain federal funding.
Added by Acts 2003, 78th Leg., ch. 1312, Se 3, eff. June 21, 200 .
Sec. 418. 8 CON DENTIALITY OF CERTA N N ION RELATING TO CAL
FRASTROCTORE. s or ons 0 documents in the posse s on of
a governmental ent are confidential if they identify the technical details
of particular vulnerabilities of critical infrastructure to an act of
terrorism.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 3, ff. June 21, 2003.
Sec. 418.182. CONFIDENTIALITY OF CERTAIN INFORMATION RELATING TO SECURITY
YSTEMS. (al as ded Subsections (b) and (c), information,
including access codes and passwords, in the pos ss 0 a governmental
entity that relates the fications, rat ng rocedures, or location 0
securi system used ct public or pri roperty from an act of
terrorism or related criminal activity is confidenti
(b) Financial informa ion in the possession of a governmental entity that
relates to the iture of funds by a governmental entity for a security
system is public information that is not excepted from required disclosure
under Chapter 552.
(cl Information in the possession of a gove enti that re ates
to the location of y camera in a private 0 at state agency,
an in titution h r education, as defined Section 6 .003,
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
Education Code, is ic information and is not ex ed from required
disclosure under r 552 unless the securi camera:
(1) is located in an individual personal re idence for which the
state s securi Yi r
(2 ) is in us r s llance in an 1 invest tion.
Added Acts 2003, 78th ., ch. 1312, Sec. , e , 2 03.
Sec. 418.183. D SCLOSURE OF CERTAIN CONFIDENTIAL NFORMATION. (al is
ection applies only to information that is confidential under Sections
418.175-418.182.
(bl At any time dur a state of disaster, the executive or
administrative head of the governmental ent may voluntarily disclose or
otherwise make available all or part of the confidenti 1 information to another
person or another enti if executive or admin rative head believes that
person or ent a itimate nformation.
(cl The executive or administrative head rt, port authority, or
ion district rea ted operating under 5 , Article III, r
Section 59, Article XV , Texas Constitution, may vo untarily disclose or
otherwise make available all or part of the confident al information to another
person if the information:
(1) is shared in connection with a securi network or committee,
incl a federal or state security committee or task force;
(2) consists of data, video, or other information on an information
shar device that red with a security networki or
(3) is shared wi an emergency operations center.
(d) The disclosu available of con ntial information
1 district to a national accreditation does not waive or affect the
confidentiality of the formation.
(e) The disclosure or making available of confidential informa on under
Subsection (b) or (c) does not waive or affect the confidentiality of the
information.
(f) A governmental subject to r 551 is not required 0 conduct
an open meeting to deliberate information to which this section applie
Notwithstanding Section .103(a), the governmental body must make a
co of the proceed of a closed mee to deliberate the information.
Added Acts 200 , th ., ch. 1312, Sec . , eff. June 21, 2003.
Sec. 418.184. FIREARMS. (a) A peace officer who is act in the awful
execution of the office 's official duties dur a tate of disaster may
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
disarm an individual if the officer reasonably believes it is immediately
necessary for the protection of the off i cer or another individual.
(b) The peace o fficer shall return a firearm and any ammun ition to an
individual disarmed under Subsection (a) before ceas ing to detain the
individual unle ss the officer:
(1) arrests the indi v idual for engaging in criminal activity; or
(2) seizes the firearm as evidence in a criminal investigation.
Added by Acts 2007 , 80th Leg., R.S., Ch. 18 (S.B. 112), Sec . 2, eff. April 27,
2007.
Sec. 418.185. MANDATORY EVACUATION. (a) This s ecti on does not apply to
a person who is authorized to be in an evacuated area, in c luding a person who
returns to the area under a phased reentry plan or credentialing process under
Section 418.050.
(b) A county judge or mayor of a municipality who orders the evacua ti o n
of an area stricken or threatened by a disaster by order may c ompe l persons who
remain in the evacuated area to leave and authorize the use of reasonable force
to remove persons fr om the area.
(c) The governor and a county judge o r mayor of a municipality who ord er s
the evacuation of an area stricken or threatened by a disaster by a concurren t
order may c ompe l persons who remain in the evacuated area to leave.
(d) A person is civilly liable to a governmental entity, or a nonprofit
agency cooperating with a governmental entity, that conduct s a rescue on the
person's behalf f o r the cost of the rescue effort if:
(1) the person knowingly ignored a mandatory evacuation order under
this section and:
(A) engaged in an activity or course o f action that a reasonable
person would not have engaged in; or
(B) failed to take a course of action a reasonable person would
ha ve taken;
(2) the person's actions under Subdivision (1 ) placed the person o r
another person in danger; and
(3) a governmental rescue effort was undertaken on the person's
behal f .
(e) An officer or employee o f the state or a political subdivision who
issues or is working to carry out a mandatory evacuation order under this
section is immune fr o m civil liability for any act or omi ssi on within the
course and scope of the person's authority under the o rder .
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 1.16, eff.
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
r 1, 2009.
Sec. 418.186. DISASTER AND EMERGENCY EDUCATION. (a) The rtment of
State Hea th Service shall establish a program des to educate the
citizens of this state on disaster and emergency preparedness, response, and
recovery. Before establishing the program, the rtment must co laborate with
loca authorities to prevent state efforts that are licative of local
efforts. The program mus addre s:
(1) types of disasters or other emergencies;
(2) the appropriate response to each type of disaster or emergency,
including ions for evacuation and shelter;
(3) how to prepare for each type of dis ster or emergency;
(4) the 0 each type of disaster or emergency on citizens
ring medical ass stance or other care;
(5) ways re in a disaster r emergency or to assist the
victims of a disaster or emergency; and
(6) resources and s ies for disaster or emergency recovery.
(b) The executive commissioner of the Health and Human Services
Commis ion, i cooperation with the governor, shall rule to create and
administer a disas er and emergency education program established under this
section.
Added Acts 2009, 81st . , R. S. , Ch. 1 80 (H.B. 831) , Sec . 1.16, eff.
r 1, 2009.
Sec. 418.188. POSTDISASTER EVALUATION. Not later than the 90th day after
the date a request is received from the divisi , a state agency, itical
subdivision, or inte urisdictional agency shall conduct an evaluation of the
enti 's response to a disaster, identi areas for and issue a
report of the evalua ion to the division.
Added Acts 2009, 8 st . , R. S ., Ch. 1280 (H. B . 1831), Sec 1.16, eft.
September 1, 2009.
Sec. 418.1881. SHELTER OPERATIONS. The rtment of State Health
Services shall deve ,with the direction, oversi ,and approval f the
division, an annex to the state emergency management plan that includes
sions for:
devel medical special needs ies;
(2 ) cat z the rements of individuals with medical specia
needs; and
S
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
(3) establishing minimum health-related standards for short-term and
long-term shelter operations for shelters operated with state funds or
receiving state assistance.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. l.16, eff.
September 1, 2009.
Sec. 418.1882. PERSONNEL SURGE CAPACITY PLANNING. (a) With the
direction, oversight, and approval of the division and the assistance of the
Department of State Health Services, health care facilities, county officials,
trauma service area regional advisory councils, and other appropriate entities,
each council of government, regional planning commission, or similar regional
planning agency created under Chapter 391, Local Government Code, shall develop
a regional plan for personnel surge capacity during disasters, including plans
for providing lodging and meals for disaster relief workers and volunteers.
(b) Entities developing regional plans for personnel surge capacity with
regard to lodging shall consult with representatives of emergency responders,
infrastructure and utility repair personnel, and other representatives of
agencies, entities, or businesses determined by the division to be essential to
the planning process.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. l.16, eff.
September 1, 2009.
Sec. 418.190. AGRICULTURE EMERGENCY RESPONSE PLAN. (a) In coordination
with the division, the Department of Agriculture and the Texas Animal Health
Commission shall prepare and keep current an agriculture emergency response
plan as an annex to the state emergency management plan. The plan must
include provisions for:
(1) identifying and assessing necessary training, resource, and
support requirements;
(2) providing information on recovery, reI ie f, and ass is tance
requirements following all types of disasters, including information on
biological and radiological response; and
(3) all other information the Department of Agriculture and the Texas
Animal Health Commission determine to be relevant to prepare for an all-hazards
approach to agricultural disaster management.
(b) The Department of Agriculture and the Texas Animal Health Commission
shall include the plan developed under Subsection (a) in an annual report to
the legislature and the office of the governor.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. l.16, eff.
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
September 1, 2009.
Sec. 418.191. MEDICAL SPECIAL NEEDS VOLUNTEERS. (a) An entity
responsible for the care of individuals with medical special needs shall
develop and distribute information on volunteering in connection with a
disaster.
(b) The division shall provide information to interested parties and the
public regarding how volunteers can be identified and trained to help all
groups of people, including those with medical special needs and those who are
residents of assisted living facilities.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 18 3 1), Sec. 1.16, eff.
September 1, 2009.
Sec. 418.192. COMMUNICATIONS BY PUBLIC SERVICE PROVIDERS DURING DISASTERS
AND EMERGENCIES. (a) In this section:
(1) "Emergency" means a temporary, sudden, and unforeseen occurrence
that requires action by a public service provider to correct the occurrence,
inform others of the occurrence, protect lives or property, or temporarily
reduce demand for or allocate supply of the provider's products or services to
ensure public safety or preserve the integrity of service delivery mechanisms.
(2) "Public service provider" means any person or entity that
provides essential products or services to the public that are regulated under
the Natural Resources Code, Utilities Code, or Water Code, including:
(A) common carriers under Section 111.002, Natural Resources
Code;
(B) telecommunications providers as defined by Section 51.002,
Utilities Code; and
(C) any other person or entity providing or producing heat,
light, power, or water.
(b) A public service provider may enter into a contract for an emergency
notification system described by this section for use in informing the
provider's customers, governmental entities, and other affected persons
regarding:
(1) notice of a disaster or emergency; and
(2) any actions a recipient is required to take during a disaster or
emergency.
(c) The emergency notification system for which a contract is entered
into under S ubsection (b) must rely on a dynamic information database that:
(1) is capable of simultaneous transmission of emergency messages to
all recipients through at least two industry-standard gateways to one or more
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GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
telephones or electronic devices owned by a recipient in a manner that does not
negatively impact the existing communications infrastructure;
(2) allows the public service provider to:
(A) store prewritten emergency messages in the dynamic
information database for subsequent use; and
(B) generate emergency messages in real time based on provider
inputs;
(3) allows a recipient to select the language in which the recipient
would prefer to receive messages;
(4) transmits the message in the recipient's language of choice to
that recipient;
(5) converts text messages to sound files and transmits those sound
files to the appropriate device;
(6) assigns recipients to priority groups for notification;
(7) allows for the collection and verification of responses by
recipients of emergency messages; and
(8) reads or receives alerts from a commercial mobile alert system
established by the Federal Communications Commission or complies with standards
adopted for a commercial mobile alert system established by the Federal
Communications Co mmission.
(d) The dynamic information database must comply with:
(1) the Telecommunications Service Priority program established by
the Federal Communications Commission; and
(2) the Federal Information Processing Standard 140-2 governing
compliant cryptographic modules for encryption and security issued by the
National Institute of Standards and Technology.
(e) Before sending a notice described by Subsection (b), a public service
provider must:
(1) provide a copy of the notice to the emergency management director
designated under Section 418.1015, for each political subdivision for which the
public service provider provides services at the time of the notice; and
(2) during a disaster declared by the governor o r United States
government, obtain approval of the notice from the emergency management
director designated under Section 418.1015, for each political subdivision for
which the public service provider provides services during the disaster.
(f) A customer of a public service provider may decline to receive the
notices described by Subsection (b) by providing written notice of that
decision to the public service provider.
(g) A public service provider shall cooperate with emergency management
officials of each political subdivision in which the public service provider
http://www.statutes.legis.state .tx.us/SOTWDocs/GV/htm/GV.418.htm[4/7 /2014 1: 29:38 PM]
GOVERNMENT CODE CHAPTER 418. EMERGENCY MANAGEMENT
provides services to survey the number of n otification systems in place.
(h) The requirements of this section do not apply to:
(1) a public service provider serving 250,000 or fewer customers ; or
(2) an emergency notification system that is in use by a public
service provider on June 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1068 (S.B. 924) , Sec. 3(a), eff. June
17, 201l.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 105 2 (H.B. 3096) , Sec. 1, eff. June 14,
2013.
http ://www .statutes.legis.state .tx.us/SOTWDocs/GV/htm/GV.418.htm[ 4/7/2014 1: 29:38 PM]
1101 Texas Ave
College Station, TX 77840College Station, TX
Legislation Details (With Text)
File #: Version:114-404 Name:City of College Station’s Water System Master Plan
Status:Type:Contract Consent Agenda
File created:In control:4/21/2014 City Council Regular
On agenda:Final action:5/12/2014
Title:Presentation, possible action, and discussion to award Contract 14-156 to Freese & Nichols, Inc. in
the amount of $249,990 to update the City of College Station’s Water System Master Plan.
Sponsors:
Indexes:
Code sections:
Attachments:Contract.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion to award Contract 14-156 to Freese & Nichols, Inc. in
the amount of $249,990 to update the City of College Station’s Water System Master Plan.
Relationship to Strategic Goals:
··Core Services and Infrastructure
Recommendation: Staff recommends approval of this contract.
Summary: In August 2013, during the FY-14 Budget Hearings, City Council approved an SLA for the
Water Services Department to update the Water Master Plan, which is due for its five year update.
This master plan update is necessary to ensure our system is in compliance with TCEQ regulations,
to schedule rehabilitation projects, and to identify improvements to the system to accommodate new
demands. The land use data that will be used to develop the Water System Master Plan Update will
be taken from the 5-yr comprehensive plan update that is currently being developed. This
coordination of the Water System Master Plan, with the updated comprehensive plan, is necessary to
ensure the City is able to provide adequate water service to developing and redeveloping areas in
our water service area.
The Water System Master Plan Update will also include the development of an extended period
simulation hydraulic model that will allow the City to optimize system hydraulic operation, improve
system pressure management, ensure system reliability, and improve/maintain water quality in the
distribution system. This evaluation will be performed for two conditions: First on the existing
system, and second on the potential build-out of College Station’s water service area. This updated
model will also help to identify water lines needed as development occurs to serve newly annexed
areas (within our water CCN), growth corridors, and existing areas where water lines are in need of
replacement/upsizing.
College Station, TX Printed on 5/8/2014Page 1 of 2
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File #:14-404,Version:1
The Water Master Plan update is essential for proper operation of the water system and to
accommodate growth, therefore staff recommends approval of this contract.
Budget & Financial Summary: Funds in the amount of $250,000 were included in the FY14 Water
budget for the completion of this master plan update.
Attachments: Contract
College Station, TX Printed on 5/8/2014Page 2 of 2
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1101 Texas Ave
College Station, TX 77840College Station, TX
Legislation Details (With Text)
File #: Version:114-410 Name:Stormwater Management Plan
Status:Type:Resolution Consent Agenda
File created:In control:4/21/2014 City Council Regular
On agenda:Final action:5/12/2014
Title:Presentation, possible action, and discussion regarding the City’s Texas Commission on
Environmental Quality (TCEQ) General Permit to Discharge under the Texas Pollutant Discharge
Elimination System (TPDES) No. TXR040000.
Sponsors:
Indexes:
Code sections:
Attachments:Resolution
2013 Stormwater Management Plan
Notice of Intent (NOI) and Checklistv2.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding the City’s Texas Commission on
Environmental Quality (TCEQ) General Permit to Discharge under the Texas Pollutant Discharge
Elimination System (TPDES) No. TXR040000.
Relationship to Strategic Goals: (Select all that apply)
··Core Services and Infrastructure
··Sustainable City
Recommendation(s): Staff recommends approval of a resolution authorizing the Mayor to sign the
resolution to endorse the program submitted to TCEQ.
Summary: This item outlines the City’s proposed 5-year (2013-2018) Stormwater Management Plan
(SWMP) meeting the minimum standards required by TCEQ.
The State mandates designated cities implement a program to eliminate stormwater pollution. The
State has defined minimum standards the program must satisfy. The program contains a framework
of actions over a 5-year period to comply with these standards. Within that framework, general best
management practices are undertaken throughout the 5-year period. There is an annual requirement
to give status updates to TCEQ which provides an opportunity to adjust our program if necessary.
The referenced state mandate was adopted at the December 11, 2013 TCEQ agenda, becoming
effective December 13, 2013. The City of College Station is identified as a regulated entity under this
permit and is required to submit a SWMP to TCEQ by June 11, 2014. This proposed SWMP was
developed in collaboration with several City Departments largely as a continuation of activities
already in place. The SWMP has been distributed to many citizens and the local development
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File #:14-410,Version:1
community for review and comment.
The City’s first 5-year (2007-2012) SWMP was initially approved by Council Resolution 1-24-2008-2j
on January 24, 2008.
Budget & Financial Summary: No foreseen additional significant costs as the majority of activities
are currently standard practices and budgeted for.
Attachments:
1.Resolution
2.Notice of Intent (NOI) and Checklist
3.Stormwater Management Plan
College Station, TX Printed on 5/8/2014Page 2 of 2
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RESOLUTION NO.________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, AUTHORIZING THE IMPLEMENTATION OF A STORMWATER
MANAGEMENT PROGRAM FOR THE CITY OF COLLEGE STATION TO MANAGE
THE QUALITY OF DISCHARGES FROM THE MUNICIPAL SEPARATE STORM
SEWER SYSTEM; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Environmental Protection Agency under the National Pollutant Discharge
Elimination system has delegated responsibility in this matter to the State of Texas under
provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code; and
WHEREAS, the State of Texas under the Texas Pollutant Discharge Elimination System has a
delegated responsibility in this matter to its municipalities; and
WHEREAS, Municipal Separate Storm Sewer System refers to a conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) owned by the city of College station and
designed or used for collecting or conveying stormwater and not combined with sanitary sewer.
This term does not include separate storm sewers in very discrete areas, such as individual
buildings as long as they are not physically connected to the public storm sewer system; and
WHEREAS, the City of College Station (“City” hereinafter) must submit a Notice of Intent and a
Stormwater Management Program to the Texas Commission on Environmental Quality before
June 11, 2014 to be in compliance with General Permit No. TXR040000 issued on December 13,
2013 as part of the Texas Pollutant Discharge Elimination System; and
WHEREAS, the College Station City Council authorizes the City Manager to execute any
documents related to the Stormwater Management Program including but not limited to the
Notice of Intent; and
WHEREAS, the City of College Station is dedicated to protecting the health and safety of its
citizens by managing the quality of the discharges from the Municipal Separate Storm Sewer
System; and
WHEREAS, the furtherance of such objective, the City will develop and implement a
Stormwater Management Program within five (5) years from December 13, 2013; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: The City will prepare and submit a Notice of Intent to the Texas Commission on
Environmental Quality stating the City’s intent to comply with General Permit
No. TXR040000 issued on December 13, 2013.
PART 2: The City Manager is authorized to execute any documents related to the
Stormwater Management Program including but not limited to the Notice of
Intent.
RESOLUTION NO.________________ Page 2
PART 3: The City will develop and implement a Stormwater Management Program within
five (5) years from December 13, 2013. The program will include additional
ordinances and standards for all construction activities along with new
development standards and stormwater quality educational components.
PART 4: The City will enforce the Stormwater Management Program through plan review
and construction inspections.
PART 5: This resolution shall be effective immediately upon its adoption.
ADOPTED this ____________ day of __________________________, A.D. 2014.
ATTEST: APPROVED:
________________________________ _______________________________
City Secretary MAYOR
APPROVED:
________________________________
City Attorney
City of College Station Stormwater Management Program
1
Stormwater Management Program
Prepared in accordance with
TPDES General Permit TXR040000
2013
City of College Station Stormwater Management Program
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Contents
Definitions.......................................................................................................................................................... 3
Introduction ........................................................................................................................................................ 7
Regulatory Requirements .............................................................................................................................. 7
Stormwater Management Program……………………………………………………………………………………7
Impaired Water Bodies and Total Maximum Daily Load Requirements .......................................................... 8
Best Management Practices……………………………………………………………………………………10
MCM 1. Public Education, Outreach, and Involvement………………………………………………………………12
MCM 2. Illicit Discharge detection and Elimination……………………………………………………………………13
MCM 3. Construction Site Stormwater Runoff Control……………………………………………………………….14
MCM 4. Post-Construction stormwater Management in New Development and Redevelopment………………15
MCM 5. Pollution Prevention and Good Housekeeping for Municipal Operations ............................................ 16
City of College Station Stormwater Management Program
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Definitions
Arid Areas - Areas with an average annual rainfall of less than ten (10) inches.
Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance
procedures, structural controls, local ordinances, and other management practices to prevent or reduce the
discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to
control runoff, spills or leaks, waste disposal, or drainage from raw material storage areas.
Clean Water Act (CWA) - The Federal Water Pollution Control Act or Federal Water Pollution Control Act
Amendments of 1972, Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483 and Pub. L.
97-117, 33 U.S.C. 1251 et. seq.
Common Plan of Development or Sale - A construction activity that is completed in separate stages,
separate phases, or in combination with other construction activities. A common plan of development or sale is
identified by the documentation for the construction project that identifies the scope of the project, and may
include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing, zoning
requests, or other similar documentation and activities.
Construction Activity - Soil disturbance, including clearing, grading, and excavating; and not including routine
maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of
the site (e.g., the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing
of existing right-of-ways, and similar maintenance activities). Regulated construction activity is defined in terms
of small and large construction activity.
a) Small Construction Activity is construction activity that results in land disturbance of equal to or
greater than one (1) acre and less than five (5) acres of land. Small construction activity also includes
the disturbance of less than one (1) acre of total land area that is part of a larger common plan of
development or sale if the larger common plan will ultimately disturb equal to or greater than one (1)
and less than five (5) acres of land.
b) Large Construction Activity is construction activity that results in land disturbance of equal to or
greater than five (5) acres of land. Large construction activity also includes the disturbance of less than
five (5) acres of total land area that is part of a larger common plan of development or sale if the larger
common plan will ultimately disturb equal to or greater than five (5) acres of land.
Construction Community – Local contractors, developers, engineers, and architects.
Construction Site Operator - The entity or entities associated with a small or large construction project that
meet(s) either of the following two criteria:
a) The entity or entities that have operational control over construction plans and specifications (including
approval of revisions) to the extent necessary to meet the requirements and conditions of this general
permit; or
b) The entity or entities that have day-to-day operational control of those activities at a construction site
that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or
other permit conditions (for example they are authorized to direct workers at a site to carry out activities
required by the Stormwater Pollution Prevention Plan (SWPPP) or comply with other permit conditions).
Control Measure - Any BMP or other method used to prevent or reduce the discharge of pollutants to water in
the state.
City of College Station Stormwater Management Program
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Conveyance - Curbs, gutters, man-made channels and ditches, drains, pipes, and other constructed features
designed or used for flood control or to otherwise transport stormwater runoff.
Discharge –When used without a qualifier, refers to the discharge of stormwater runoff or certain non-
stormwater discharges as allowed under the authorization of this general permit.
Final Stabilization - A construction site where either of the following conditions are met:
a) All soil disturbing activities at the site have been completed and a uniform (for example, evenly
distributed, without large bare areas) perennial vegetative cover with a density of 70 percent of the
native background vegetative cover for the area has been established on all unpaved areas and areas
not covered by permanent structures, or equivalent permanent stabilization measures (such as the use
of riprap, gabions, or geotextiles) have been employed.
b) For individual lots in a residential construction site by either:
1. The homebuilder completing final stabilization as specified in condition (a) above; or
2. The homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer
of the ownership of the home to the buyer and after informing the homeowner of the need for, and
benefits of, final stabilization.
c) For construction activities on land used for agricultural purposes (for example pipelines across crop or
range land), final stabilization may be accomplished by returning the disturbed land to its
preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities,
such as buffer strips immediately adjacent to a surface water and areas which are not being returned to
their preconstruction agricultural use must meet the final stabilization conditions of condition (a) above.
d) In arid, semi-arid, and drought-stricken areas only, all soil disturbing activities at the site have been
completed and both of the following criteria have been met:
1. Temporary erosion control measures (e.g., degradable rolled erosion control product) are selected,
designed, and installed along with an appropriate seed base to provide erosion control for at least
three years without active maintenance by the operator, and
2. The temporary erosion control measures are selected, designed, and installed to achieve 70
percent vegetative coverage within three years.
Illicit Connection - Any man-made conveyance connecting an illicit discharge directly to a municipal separate
storm sewer.
Illicit Discharge - Any discharge to a municipal separate storm sewer that is not entirely composed of
stormwater, except discharges pursuant to this general permit or a separate authorization and discharges
resulting from emergency fire fighting activities.
Impaired Water - A surface water body that is identified on the latest approved CWA §303(d) List as not
meeting applicable state water quality standards. Impaired waters include waters with approved or established
total maximum daily loads (TMDLs) and those where a TMDL has been proposed by TCEQ but has not yet
been approved or established.
Industrial Activity - Any of the ten (10) categories of industrial activities included in the definition of
“stormwater discharges associated with industrial activity” as defined in 40 Code of Federal Regulations (CFR)
§122.26(b)(14)(i)-(ix) and (xi).
MS4 Operator - For the purpose of this permit, the public entity or the entity contracted by the public entity,
responsible for management and operation of the small municipal separate storm sewer system that is subject
to the terms of this general permit.
City of College Station Stormwater Management Program
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Municipal Separate Storm Sewer System (MS4) - A conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm
drains):
a) Owned or operated by the U.S., a state, city, town, borough, county, parish, district, association, or
other public body (created by or pursuant to state law) having jurisdiction over the disposal of sewage,
industrial wastes, stormwater, or other wastes, including special districts under state law such as a
sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management agency under the
CWA §208 that discharges to surface water in the state;
b) That is designed or used for collecting or conveying stormwater;
c) That is not a combined sewer; and
d) That is not part of a publicly owned treatment works (POTW) as defined in 40 CFR §122.2.
Outfall - A point source at the point where a small MS4 discharges to waters of the U.S. and does not include
open conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances
that connect segments of the same stream or other waters of the U.S. and are used to convey waters of the
U.S.
Permittee - The MS4 operator authorized under this General Permit No TXR040000.
Point Source - (from 40 CFR § 122.22) any discernible, confined, and discrete conveyance, including but not
limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants
are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural
stormwater runoff.
Pollutant(s) of Concern – For the purpose of this permit, includes biochemical oxygen demand (BOD),
sediment or a parameter that addresses sediment (such as total suspended solids (TSS), turbidity or siltation),
pathogens, oil and grease, and any pollutant that has been identified as a cause of impairment of any water
body that will receive a discharge from an MS4. (Definition from 40 CFR § 122.32(e)(3)).
Redevelopment - Alterations of a property that changed the ”footprint” of a site or building in such a way that
there is a disturbance of equal to or greater than one (1) acre of land. This term does not include such activities
as exterior remodeling, routine maintenance activities, and linear utility installation.
Semiarid Areas - Areas with an average annual rainfall of at least ten (10) inches, but less than 20 inches.
Small Municipal Separate Storm Sewer System (MS4) – A conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or
storm drains):
a) Owned or operated by the U.S., a state, city, town, borough, county, district, association, or other public
body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial
wastes, stormwater, or other wastes, including special districts under state law such as a sewer district,
flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal
organization, or a designated and approved management agency under CWA § 208;
b) Designed or used for collecting or conveying stormwater;
c) Which is not a combined sewer;
d) Which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR § 122.2; and
City of College Station Stormwater Management Program
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e) Which was not previously regulated under a National Pollutant Discharge Elimination System (NPDES)
or a Texas Pollutant Discharge Elimination System (TPDES) individual permit as a medium or large
municipal separate storm sewer system, as defined in 40 CFR §§122.26(b)(4) and (b)(7).
This term includes systems similar to separate storm sewer systems at military bases, large hospitals or prison
complexes, and highways and other thoroughfares. This term does not include separate storm sewers in very
discrete areas, such as individual buildings. For the purpose of this permit, a very discrete system also
includes storm drains associated with certain municipal offices and education facilities serving a nonresidential
population, where those storm drains do not function as a system, and where the buildings are not physically
interconnected to a small MS4 that is also operated by that public entity.
Stormwater and Stormwater Runoff - Rainfall runoff, snow melt runoff, and surface runoff and drainage.
Stormwater Associated with Construction Activity - Stormwater runoff from an area where there is either a
large construction or a small construction activity.
Stormwater Management Program (SWMP) - A comprehensive program to manage the quality of discharges
from the municipal separate storm sewer system.
Structural Control (or Practice) - A pollution prevention practice that requires the construction of a device, or
the use of a device, to capture or prevent pollution in stormwater runoff. Structural controls and practices may
include but are not limited to: wet ponds, bioretention, infiltration basins, stormwater wetlands, silt fences,
earthen dikes, drainage swales, vegetative lined ditches, vegetative filter strips, sediment traps, check dams,
subsurface drains, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems,
gabions, and temporary or permanent sediment basins.
Urbanized Area (UA) - An area of high population density that may include multiple small MS4s as defined
and used by the U.S. Census Bureau in the 2000 and the 2010 Decennial census.
Waters of the United States - (According to 40 CFR § 122.2) Waters of the United States or waters of the
U.S. means:
a) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or
foreign commerce, including all waters which are subject to the ebb and flow of the tide;
b) All interstate waters, including interstate wetlands;
c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use,
degradation, or destruction of which would affect or could affect interstate or foreign commerce
including any such waters:
1. Which are or could be used by interstate or foreign travelers for recreational or other purposes;
2. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or
3. Which are used or could be used for industrial purposes by industries in interstate commerce;
d) All impoundments of waters otherwise defined as waters of the United States under this definition;
e) Tributaries of waters identified in paragraphs (a) through (d) of this definition;
f) The territorial sea; and
g) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs
(a) through (f) of this definition.
Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the
CWA (other than cooling ponds as defined in 40 CFR § 423.11(m) which also meet the criteria of this
definition) are not waters of the U.S. This exclusion applies only to manmade bodies of water which neither
City of College Station Stormwater Management Program
7
were originally created in waters of the U.S. (such as disposal area in wetlands) nor resulted from the
impoundment of waters of the U.S. Waters of the U.S. do not include prior converted cropland. Notwithstanding
the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes
of the CWA, the final authority regarding the CWA jurisdiction remains with the EPA.
Introduction
Regulatory Requirement
The 1972 amendments to the Federal Water Pollution Control Act, later referred to as the Clean water Act
(CWA), prohibit the discharge of any pollutant to navigable waters of the U.S. from a point source unless the
discharge is authorized by a National Pollutant Discharge Elimination System (NPDES) permit. The Clean
Water Act establishes environmental programs, including the NPDES program, to protect the Nation’s waters
and directs the U.S. Environmental Protection Agency (EPA) to issue rules on how to implement this law.
Under the NPDES program, a municipal stormwater plan was developed in two phases.
Phase I of the EPA municipal stormwater program was promulgated in 1990 under the authority of the Clean
Water Act. Phase I relied on NPDES permit coverage to address stormwater runoff from medium and large
municipal separate storm sewer systems (MS4s), serving populations of 100,000 and greater.
The Stormwater Phase II rule, promulgated December 8, 1999 to the Texas Commission on Environmental
Quality (TCEQ), was the next step in the EPA’s efforts to preserve, protect, and improve the nation’s water
resources from polluted stormwater runoff. TCEQ reissued the Texas Pollution Discharge Elimination System
General Permit TXR040000 on December 13, 2013. The reissued permit categorizes MS4 operators by levels
based on the population served within the 2010 Urbanized Area (UA). The City of College station is defined as
a level 3 MS4. Level 3 operators serve a population between 40,000 and 100,000. The intent of the MS4
permit is to implement programs and practices to control polluted stormwater runoff. This program requires that
the City of College Station:
Reduce the discharge of pollutants to the maximum extent practicable (MEP);
Protect water quality;
Satisfy the appropriate water quality requirements of the Clean Water Act; and
Manage stormwater quality activities through the Stormwater Management Program (SWMP).
Stormwater Management Program
The City of College Station has updated the SWMP in accordance with the requirements of the reissued
TPDES General Permit TXR040000 for obtaining authorization for stormwater discharges and certain non-
stormwater discharges. The SWMP has been developed to facilitate the City’s efforts in reducing stormwater
pollutants from the City’s MS4 to the maximum extent practicable.
The City of College Station is required to develop a SWMP that describes specific actions that will be taken
over a five-year period to reduce pollutants and protect the City’s stormwater quality to the m aximum extent
practicable. The specific activities to be implemented are best management practices (BMPs). The SWMP
must also set measurable goals and provide a schedule for the implementation of the BMPs. BMPs must be
developed for each of the six minimum control measures (MCMs) that are required by the Phase II Rules.
The six MCMs are:
1. Public Education, Outreach, and Involvement;
2. Illicit Discharge Detection and Elimination;
City of College Station Stormwater Management Program
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3. Construction Site Stormwater Runoff Control;
4. Post-Construction Stormwater Management in New Development and Redevelopment;
5. Pollution Prevention and Good Housekeeping for Municipal Operations; and
6. Authorization for Construction Activities where the Small MS$ is the Site Operator (Optional).
Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements
The Environmental Protection Agency recently listed three (3) stream segments within the Brazos Basin as
impaired. These segments have been published on the Clean Water Act (CWA) Section 303(d)(1) list as
having Escherichia Coli (E. coli). Entities within the watershed have worked to develop a Total Maximum Daily
Load or TMDL for the pollutant. TMDL is the total amount of a substance that a water body can assimilate
(take in) and still meet the Texas Surface Water Quality Standards. The Implementation Plan (I-Plan) identifies
measurable goals and a schedule that seeks to meet the requirements of both Part III Section B of the TPDES
Permit and the TMDL.
The City of College Station is subject to the requirements of the approved TMDL, and must include in its
SWMP controls targeting the pollutant of concern along with any additional or modified controls required in Part
II Section D of the MS4 permit (TVR040000). The SWMP and required annual reports must include information
on implementing any focused controls required , described below:
Targeted Controls - The City of College Station’s SWMP includes a detailed description of all targeted controls
that identify areas of focused efforts or additional B MPs that will be implemented to reduce the pollutant of
concern.
Measurable Goal – For each targeted control, the SWMP includes measurable goals and an implementation
schedule describing BMPs to be implemented each year of the permit term.
Identification of Benchmark Goal – The SWMP identifies the Waste Load Allocation (WLA) as the benchmark
goal per the TMDL.
Impairment for Bacteria – Since the pollutant of concern has been identified as bacteria, the city of College
station elects to implement the BMPs outlined in the I-Plan.
Monitoring or Assessment of Progress – The permittee shall monitor or assess progress in achieving
benchmark goals and determine the effectiveness of BMPs, and shall include d ocumentation of this monitoring
or assessment in the SWMP and annual reports. In addition, the SWMP must include methods to be used.
1) The permittee may use either of the following methods to evaluate progress toward the benchmark goal
and improvements in water quality:
a) Evaluating Program Implementation Measures – The permittee may evaluate and report progress
towards the benchmark goal by describing activities and BMPs implemented, by identifying the
appropriateness of the BMPs, and by evaluating the success of implementing the measurable goals.
The permittee may assess progress by using program implementation indicators such as:
i) Number of sources identified or eliminated;
ii) Decrease in number of illegal dumping;
iii) Increase in illegal dumping reports;
iv) Number of educational opportunities conducted;
v) Reductions in SSOs; or
vi) Increase in illegal discharge detection through dry screening, etc.;
City of College Station Stormwater Management Program
9
b) Assessing Improvements in Water Quality – The permittee may assess improvements in water quality
by using available data segment and assessment units of water bodies from other reliable sources, or
by purposing and justifying a different approach such as collecting additional in stream outfall
monitoring data, etc. Data may be required from TCEQ, local river authorities, partnerships, and other
local efforts as appropriate.
Progress towards achieving the benchmark goal shall be reported in the annual report. Annual reports shall
report the benchmark goal and the year(s) during the permit term that the MS4 conducted additional sampling
or other assessment.
Observing No Progress Towards the Benchmark Goal – If, by the end of the third year from the effective date
of the permit, the permittee observes no progress toward the benchmark goal either from program
implementation or water quality assessments, the permittee shall identify alte rnative focused BMPs that
address new or increased efforts towards benchmark goals.
City of College Station Stormwater Management Program
10
BMP 1. Coordinate and expand existing water quality monitoring in the watershed and conduct a watershed bacteria
source survey.
Measurable Goals Schedule
Monitoring/
Assessment of
Progress
Identify personnel to train and
lead volunteers. Provide
support in water quality
monitoring via equipment
cost, material cost, or
personnel time. Develop and
distribute volunteer material.
Assist in data entry through
DataViewer.
Year 1
Initiate water quality monitoring support.
Submit PAR1 to Texas Stream Team
Coordinator.
1. Number of educational
opportunities conducted.
2. PAR support
contributions (Quarterly
submissions to Texas
Stream Team)
3. Report total PAR
support in annual report.
Year 2
Continue water quality monitoring support.
Submit PAR to Texas Stream Team
Coordinator.
Year 3
and
Beyond
Continue water quality monitoring. Utilize
project findings in directing future BMPs.
BMP 2. Work to improve OSSF identification, inspection, pre-installation planning, education, operation, maintenance,
and tracking of all OSSFs in the watershed to minimize the potential negative water quality impacts from malfunctioning
systems.
Measurable Goals Schedule
Monitoring/
Assessment of
Progress
Transfer GIS information as
needed to BCHD for use in
the OSSF identification
efforts. OSSF identification
and documentation will begin
as funding and personnel
time exists.
Year 1
Develop a standard operating procedure for
collecting and disseminating GIS information
to all entities2. Deliver E&O materials
concerning OSSF maintenance.
1. Number of educational
opportunities conducted
(annually).
2. Report progress of
OSSF identification in
annual report.
Year 2
Continue to deliver GIS information to all
entities and E&O materials. Evaluate
operating procedures and adjust to streamline
transfer of information.
Year 3
and
Beyond
Continue delivery of GIS information and E&O
materials.
BMP 3. Additional illicit discharge and dumping efforts to be implemented.
Measurable Goals Schedule
Monitoring/
Assessment of
Progress
Currently, the SWMP
addresses IDDE through dry
weather screening and
Year 1
Develop educational materials for establishing
a neighborhood storm drain screen watch
program.
1. Number of published
educational material on
neighborhood storm drain
screening program.
2. Record number of
neighborhood screen
watch activities.
Year 2 Initiate storm drain screen watch program.
Year 3
and
Beyond
Continue neighborhood storm drain screen
watch.
1PAR – Partner Activity Report identifies the type of support (e.g., material cost, supply cost, personnel time)
2Transfer of GIS information will be coordinated between the City of Bryan, City of College Station, and the Brazos County
Health Department
City of College Station Stormwater Management Program
11
BMP 4. Implement sanitary sewer overflow (SSO) initiative as appropriate across the watershed.
Measurable Goals Schedule
Monitoring/
Assessment of
Progress
Meet the 2012 Wastewater
Master Plan initiatives that
are scheduled.
Year 1 Establish SSO initiative. 1. Number of educational
opportunities conducted.
2. Number of SSOs
identified and repaired.
3. Reduction in SSOs.
Year 2
Implement SSO initiative (pending funding).
Develop repair/ replacement priorities list
according to the SSO initiative criteria.
Document repairs and replacement of sewer
system (annually).
Year 3
and
Beyond
Continue or modify SSO initiative.
BMP 5. Continue existing and work to establish new mechanisms that encourage and promote future development and
redevelopment that will mitigate adverse water quality impacts in the watershed.
Measurable Goals Schedule
Monitoring/
Assessment of
Progress
Implement and promote
mechanisms such as existing
ordinance amendments, new
ordinance development,
establish recognition
programs for exceptional
work in environmental
stewardship, and continue to
protect riparian areas
(existing green spaces near
creeks) from future
development.
Year 1 Develop and assess a feasible local
environmental awards/ recognition program.
1. Number of educational
opportunities conducted.
2. Number of
awards/recognitions
granted annually.
Year 2 If feasible, establish local environmental
awards/recognition program.
Year 3
and
Beyond
Continue local environmental
awards/recognition program if feasible. Work
to establish or develop ordinances to better
protect instream water quality.
City of College Station Stormwater Management Program
12
MCM 1. Public Education, Outreach, and Involvement
Objective:
To develop, implement and maintain a comprehensive stormwater education and outreach program to educate public
employees, businesses, and the general public of hazards associated with the illegal discharges and improper disposal of
waste and about the impact that stormwater discharges can have on local waterways, as well as the steps that the public
can take to reduce pollutants in stormwater. The City will also assess program elements that were described in the
previous permit, modify as necessary, and develop and implement elements, as necessary, to continue reducing the
discharge of pollutants from the MS4 to the maximum extent practicable (MEP).
1. Public Education, Outreach, and Involvement Frequency
Public
Education
Develop a list of topics to address in educational materials. Annually Continue involvement in Brazos Clean Water.
Update the City stormwater website.
Quarterly Broadcast public service announcements.
Distribute utility bill inserts and newsletters on designated topics.
Public
Involvement
Continue providing volunteer support in the Adopt-a-Greenway program.
Annually
Identify local groups that may be interested in Adopt-a-Greenway program.
Invite identified groups to join Adopt-a-Greenway program.
Identify local groups that may be interested in Adopt-a-Street program.
Invite identified groups to join Adopt-a-Street program.
Identify areas for storm drain stenciling.
Invite volunteers to participate in storm drain stenciling.
Establish a volunteer program for conducting stormwater quality
monitoring or dry weather screening.
Identify areas that are safe for volunteers to conduct stormwater
monitoring.
Develop a schedule for volunteer monitoring.
Invite groups to participate in volunteer monitoring program.
City of College Station Stormwater Management Program
13
MCM 2. Illicit Discharge Detection and Elimination
Objective:
Assess current illicit discharge detection and elimination program elements that were described in the previous permit,
modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of
pollutants from the MS4 to the maximum extent practicable (MEP).
2. Illicit Discharge Detection and Elimination Frequency
MS4 Mapping
Maintain a map of the City's storm sewer system, surface waters, and high
risk facilities.
Continuous Maintain a map of the City's sanitary sewer system with locations of
sanitary sewer leaks and overflows.
Regularly update the City storm sewer map with new drainage structures
and outfalls.
Staff Training
Train staff to update MS4 maps.
Annually
Train inspection and outfall screening personnel on the identification of
septic system discharge locations and internal tracking and reporting
mechanisms.
Train inspection and outfall screening personnel on the identification,
tracking, and reporting of sanitary sewer leaks.
Train staff in the receiving of illicit discharge reports.
Source
Investigation
and Elimination
Identify high risk facilities in the City. Annually
Conduct perimeter checks of high risk facilities to ensure there is no
pollutant runoff.
Semi
annually
Regularly conduct dry weather screening in the identified areas. Monthly
Eliminate onsite sewage and gray water discharge that pose potential
health and safety issues.
Continuous Use internal Work Order system to track reported discharge, investigate
public reports, and corrective actions.
Conduct necessary sewer system maintenance and repairs.
Review internal procedures for tracing sanitary sewer leaks.
Annually
Identify large above and below ground storage tanks within City limits.
Follow internal procedures for tracking, investigating, and reporting
sanitary sewer overflows.
Create follow up procedures for illicit discharge investigations to ensure
corrective actions have been taken.
Review and update master plan for projects designed to eliminate sanitary
sewer overflows.
Public
Reporting of
Illicit Discharge
Maintain a stormwater/illicit discharge hotline for public reporting.
Continuous Create internal procedures for receiving stormwater hotline calls.
Publish a list on allowed non-stormwater discharge that may be observed.
Investigate illicit discharge reports made by the public.
Legal Authority Review and update City ordinance prohibiting illicit discharge. Annually
City of College Station Stormwater Management Program
14
MCM 3. Construction Site Stormwater Runoff
Objective:
Develop, implement and enforce a program requiring operators of small and large construction activities to select, install,
and maintain stormwater control measures that prevent illicit discharges to the MEP.
3. Construction Site Stormwater Runoff Frequency
Legal Authority Review and update ordinance to regulate construction activity. Annually
Construction
Plans Review
Review construction plans for compliance with stormwater regulations and
necessary erosion controls. Maintain a record of reviewed and approved construction site plans.
Report on the number of construction site plans reviewed annually.
Construction
Related Public
Reporting
Develop educational material instructing the public on how to report
construction site violations.
Continuous Develop internal procedures for tracking and responding to public
complaints.
Investigate public complaints of construction sites.
Construction
Site Inspection
and
Compliance
Develop a schedule for construction site inspection.
Continuous
Inspect construction sites according to schedule.
Inspect sites for illicit discharge and appropriate washout areas as part of
site inspection.
Issue enforcement actions to sites not found to be in compliance.
Conduct follow up inspections to ensure corrective action is taken.
Maintain a record of inspection reports and enforcement actions from
construction site stormwater inspections.
Maintain records of construction site compliance.
City of College Station Stormwater Management Program
15
MCM 4. Post-Construction Stormwater Management in New Development and Redevelopment
Objective:
Develop, implement and enforce a program, to the extent allowable under state and local law, to control stormwater
discharges from new development and redeveloped sites that discharge into the small MS4 that disturb one acre or more,
including projects that disturb less than one acre that are part of a larger c ommon plan of development or sale. Use an
ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment
standards.
4. Post-Construction Stormwater Management Frequency
Legal Authority
Develop a list of post development stormwater quality issues that require
City regulation, including structural and non-structural BMPs. Annually Create and adopt guidelines to ensure long-term operation and
maintenance of post-development structural and non-structural BMPs.
Issue enforcement actions to new development not in compliance with
post-construction stormwater regulations. As Needed
Maintain a record of enforcement actions taken.
Review construction plans to determine compliance with post-construction
runoff regulations. Continuous
Train staff on post-construction runoff regulations and final inspection
procedures.
Annually Distribute post-construction design and permitting guidelines to the
engineering community.
Keep a log of City-owned structural stormwater controls.
City of College Station Stormwater Management Program
16
MCM 5. Pollution Prevention and Good Housekeeping
Objective:
Develop and implement an operation and maintenance program, include an employee training component that has the
ultimate goal of preventing or reducing pollutant runoff from activities and municipally owned areas including but not
limited to parks and open space maintenance; street, road or highway maintenance; fleet and building maintenance;
stormwater system maintenance; new construction and land disturbanc es; municipal parking lots; vehicles and equipment
maintenance and storage yards; waste transfer stations; and salt/sand storage locations.
Assess program elements that have been described in the previous permit, modify as necessary, and develop and
implement new elements, as necessary, to continue reducing the discharges of pollutants from the MS4 to the MEP.
5. Pollution Prevention and Good Housekeeping Frequency
City Inventory
Maintain an inventory of City-owned industrial facilities.
Annually
Maintain an inventory of City owned and operated parking areas.
Maintain an inventory of litter collection areas.
Maintain an inventory of areas designated for herbicide and pesticide
application.
Maintain an inventory of City-owned landscaping areas.
Maintain an inventory of City-owned vehicles.
Maintain an inventory of City-owned facilities that require a Spill
Prevention Control and Countermeasures Plan.
Maintain a map of City-owned facilities and permanent stormwater
controls.
Good
Housekeeping
Determine industrial stormwater permit requirements for City-owned
facilities.
Annually
Train staff in good housekeeping and pollution prevention practices.
Identify pollutants that could be discharged from operations and
maintenance activities.
Evaluate operations and maintenance procedures to minimize discharge
of pollutants.
Apply herbicides and pesticides according to manufacturer
recommendations and any applicable regulations. Continuous
Identify areas where catch basins, surface inlets, or storm drain manholes
should be cleaned. Annually Implement an inlet and storm drain cleaning program according to the
developed inspection schedule.
Implement street sweeping according to existing schedule. Existing
schedule Implement sweeping of City-owned parking lots.
Assess current roadway activities to determine if alternate practices would
benefit stormwater quality.
Annually Identify facilities that require Spill Prevention Control and
Countermeasures (SPCC) plans.
Maintain SPCC plans in identified facilities.
Wash City vehicles in approved areas to prevent wash water entering the
storm drains. Continuous
Conduct routine inspection on all vehicles according to manufacturer
specifications, also inspecting vehicle for the presence of fluid leaks. Continuous
Regularly inspect problem areas and high risk facilities for pollutant
discharge.
Semi
annually
TCEQ 20368 (12/13/2013) Page 1
TCEQ Office Use Only
Permit No.:
RN:
CN:
Region:
Notice of Intent (NOI) for Stormwater Discharges
from Small Municipal Separate Storm Sewer Systems
(MS4) under the TPDES Phase II MS4 General Permit
(TXR040000)
IMPORTANT:
x Use the INSTRUCTIONS to fill out each question in this form.
x Use the CHECKLIST to make certain you filled out all required information.
Incomplete applications WILL delay approval or result in automatic denial.
x Once processed your authorization can be viewed at:
http://www2.tceq.texas.gov/wq_dpa/index.cfm
APPLICATION FEE:
x You must pay the $100 Application Fee to TCEQ for the paper application to be
complete.
x Payment and NOI must be mailed to separate addresses.
x Did you know you can pay on line?
x Go to https://www3.tceq.texas.gov/epay/index.cfm
x Select Fee Type: GENERAL PERMIT MS4 PHASE II STORM WATER DISCHARGE
NOI APPLICATION
x Provide your payment information below, for verification of payment:
Mailed Check/Money Order No.:
Name Printed on Check:
EPAY Voucher No.:
Is the Payment Voucher copy attached? Yes
One (1) copy of the NOI and Stormwater Management Program (SWMP) with the
completed SWMP Cover Sheet MUST be submitted with the original NOI and
SWMP.
Is the copy attached? Yes
RENEWAL: Is this NOI a Renewal of an existing Phase II MS4 General Permit
Authorization?
(Note: An authorization cannot be renewed after June 11, 2014.)
Yes The existing authorization number is: TXR04
(If an authorization number is not provided, a new number will be
assigned.)
No
✔
✔0008
TCEQ 20368 (12/13/2013) Page 2
1) OPERATOR (Applicant)
a.If the applicant is currently a customer with TCEQ, what is the Customer Number (CN)
issued to this entity? You may search for your CN at:
http://www12.tceq.texas.gov/crpub/index.cfm?fuseaction=cust.CustSearch
CN
b.What is the Legal Name of the entity (applicant) applying for this permit?
(The exact legal name must be provided.)
c.What is the name and title of the person signing the application? The person must be an
executive official meeting signatory requirements in 30 TAC 305.44(a).
Prefix (Mr. Ms. Miss):
First/Last Name: Suffix:
Title: Credential:
d.What is the contact information for the Operator Contact (Responsible Authority)? The
mailing address must be recognized by the US Postal Service. You may verify the address at:
https://tools.usps.com/go/ZipLookupAction!input.action
Phone Number: ________ Ext: Fax Number:________________
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
If outside USA: Territory: Country Code: Postal Code:
e.Indicate the type of Customer (The instructions will help determine your customer type):
Federal Government State Government County Government
City Government Other Government
f.Number of Employees:
0-20; 21-100; 101-250; 251-500; or 501 or higher
2) BILLING ADDRESS
The Operator is responsible for paying the annual fee. The annual fee will be assessed to
authorizations active on September 1 of each year. TCEQ will send a bill to the address provided
in this section. The Operator is responsible for terminating the permit when it is no longer
needed.
Is the billing address the same as the Operator Address?
Yes, go to Section 3).
No, complete section below
Phone Number: Ext: Fax Number:
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
Mailing Information if outside USA:
Territory: CountryCode: Postal Code:
600732598
City of College Station
Mr.
Kelly Templin
City Manager
(979) 764-3570 (979) 764-3496
pnicolson@cstx.gov
P.O. Box 9960
College Station TX 77842
✔
✔
✔
TCEQ 20368 (12/13/2013) Page 3
3) REGULATED ENTITY (RE) INFORMATION
If the site of your business is part of a larger business site or if other businesses were located at
this site before yours, a Regulated Entity Number (RN) may already be assigned for the larger
site. Use the RN assigned for the larger site. Search TCEQ’s Central Registry to see if the larger
site may already be registered as a regulated site at:
http://www12.tceq.texas.gov/crpub/index.cfm?fuseaction=regent.RNSearch.
If the site is found, provide the assigned Regulated Entity Reference Number and provide the
information for the site to be authorized through this application below. The site information
for this authorization may vary from the larger site information.
a.TCEQ issued RE Reference Number (RN): RN
b.Name that is used to identify the small MS4 (Example: City of XXX MS4)
_____________________
c.Provide a brief description of the regulated MS4 boundaries: (Example: Area within the City
of XXXX limits that is located within the xxx (e.g. Dallas) urbanized area):
_____________________
d.County where the largest residential population exists within the regulated MS4 boundaries:
_____________________
Is the MS4 located within additional counties?
Yes – If Yes, what county (or counties)?
No
e.Latitude: Longitude:
4) GENERAL CHARACTERISTICS
a.Is the project/site located on Indian Country Lands?
Yes – If Yes, you must obtain authorization through EPA, Region 6.
No
b.What is applicant’s Standard Industrial Classification (SIC) code?
SIC Code:
c.What is the category or level of the MS4 based on the population served?
Level 1:Operators of traditional small MS4s that serve a population of less than 10,000
within an urbanized area (UA).
Level 2: Operators of traditional small MS4s that serve a population of at least 10,000
but less than 40,000 within an UA.
This category also includes all non-traditional small MS4s such as counties,
drainage districts, transpiration entities, military bases, universities, colleges,
correctional institutions, municipal utility districts and other special districts
regardless of population served within the UA, unless the non-traditional MS4
can demonstrate that it meets the criteria for a waiver from permit coverage
based on the population served.
urbanized area.
105475347
City of College Station MS4
Area within the City of College Station limits located within the College Station-Bryan
Brazos
✔
30.582866 N -96.295823 W
✔
9111
TCEQ 20368 (12/13/2013) Page 4
Level 3: Operators of traditional small MS4s that serve a population of at least 40,000
but less than 100,000 within an UA.
Level 4:Operators of traditional small MS4s that serve a population of 100,000 or
more within an UA.
d.Has TCEQ “designated” the small MS4 as needing coverage under this general permit?
Yes
No - If No and no portion of the small MS4 is located within an UA as determined by the
2000 or 2010 Decennial Census by the U.S Bureau of Census requiring a NOI be
submitted, the operator is not eligible for coverage under this general permit
through the NOI.
e.What is your annual reporting year?
Calendar year
MS4 general permit year
Fiscal year – If Fiscal year, what is the last day of the fiscal year?
f.Stormwater Management Program (SWMP)
1. I certify that the SWMP submitted with this Notice of Intent has been developed
according to the provisions of this general permit TXR040000.
Yes
No – If No, the application is considered incomplete and may be returned.
2. I certify that the SWMP Cover Sheet is completed and attached to the front of the
SWMP.
Yes
No – If No, the application is considered incomplete and may be returned.
3. Who is the person responsible for implementing or coordinating implementation of the
SWMP? (Note: All contact information requested below is required.)
First/Last Name:
Title: Company:
Phone Number: Ext: Fax Number:
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
g.7th Minimum Control Measure (MCM) for Municipal Construction Activities
1. Is the MCM for authorization to discharge stormwater from municipal construction
activities included with the attached SWMP?
Yes – If Yes, what are the boundaries within which those activities will occur?
(Note: If the boundaries are located outside of the urbanized area, then the
entire SWMP must also incorporate the additional areas.)
No
✔
✔
✔
✔
✔
Patricia Nicolson
Engineering Program Specialist City of College Station
(979) 764-3570 (979) 764-3496
pnicolson@cstx.gov
P.O. Box 9960
College Station TX 77842
✔
TCEQ 20368 (12/13/2013) Page 5
2. Is the discharge or potential discharge from regulated construction activities within the
Recharge Zone, Contributing Zone, or Contributing Zone within the Transition Zone of
the Edwards Aquifer?
Yes – If Yes, please note that a copy of the agency approved Water Pollution
Abatement Plan (WPAP) required by the Edward Aquifer Rule (30 TAC
Chapter 213) must be either included or referenced in the construction
stormwater pollution prevention plan(s).
No
h.Discharge Information
1. What is the name of the water body (ies) receiving stormwater from the MS4?
2. What is the classified segment(s) that receives discharges, directly or indirectly, from
the small MS4?
3. Are any of the surface water body (ies) receiving discharges from the small MS4 on the
latest EPA-approved Clean Water Act (CWA) §303(d) list of impaired waters?
Yes – If Yes:
What is the name of the impaired water body (ies) receiving the discharge
from the small MS4?
What are the pollutants of concern?
No
4. Is the discharge into any other MS4 prior to discharge into surface water in the state?
Yes – If Yes, what is the name of the MS4 Operator?
No
i.Edwards Aquifer
Is the discharge or potential discharge from the MS4 within the Recharge Zone,
Contributing Zone, or Contributing Zone within the Transition Zone of the Edwards
Aquifer?
Yes - If Yes, complete certification below by checking “Yes”.
No
I certify that a copy of the TCEQ approved WPAP required by the Edwards Aquifer
Rule (30 TAC Chapter 213) is either included or referenced in the SWMP.
Yes
j.Public Participation Process
The Office of Chief Clerk will send the operator or person responsible for publishing, the
notice of the executive director’s preliminary determination of the NOI and SWMP, in a
newspaper of general circulation in the county where the small MS4 is located. If multiple
Creek, Wolf Pen Creek, Hudson Creek.
✔
Carters Creek, Burton Creek, White Creek, Lick Creek, Spring Creek, Alum Creek, Bee
1209C Carters Creek, 1209L Burton Creek
✔
Carters Creek, Burton Creek
bacteria
✔
✔
TCEQ 20368 (12/13/2013) Page 6
counties, notice must be published at least once in the newspaper of general circulation in
the county containing the largest resident population.
The applicant must file with the Chief Clerk a copy of an affidavit of the publication within
60 days of receiving the written instructions from the Office of Chief Clerk.
1. I will comply with the Public Participation requirements described in Part II.E.12 of the
general permit.
Yes
No – If No, coverage under this general permit is not obtainable.
2. Who is the person responsible for publishing notice of the executive director’s
preliminary determination on the NOI and SWMP? (Note: All contact information
requested below is required.)
First/Last Name:
Title: Company:
Phone Number: Ext: Fax Number:
E-mail:
Mailing Address:
Internal Routing (Mail Code, Etc.):
City: State: ZIP Code:
3. What is the name and location of the public location where copies of the NOI and
SWMP, as well as the executive director’s general permit and fact sheet, may be
reviewed?
Name of Public Place:
Address of Public Place:
County of Public Place:
5) CERTIFICATION
Check Yes to the certifications below. Failure to indicate Yes to ALL items may result in denial
of coverage under the general permit.
a.I certify that I have obtained a copy and understand the terms and conditions
of the Phase II (Small) MS4 General Permit TXR040000. Yes
b.I certify that the small MS4 qualifies for coverage under the general permit
TXR040000. Yes
c.I understand that a Notice of Termination (NOT) must be submitted when this
authorization is no longer needed. Yes
d.I understand that authorization active on September 1
st of each year will be
accessed an Annual Water Quality Fee. Yes
✔
Patricia Nicolson
Engineering Program specialist City of College Station
(979) 764-3570 (979) 764-3496
pnicolson@cstx.gov
P.O. Box 9960
College Station TX 77842
City Hall- Planning & Development Services
1101 Texas Avenue, College Station, TX 77842
Brazos
✔
✔
✔
✔
TCEQ 20368 (12/13/2013) Page 7
Operator Certification:
I,
Typed or printed name Title
certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations.
I further certify that I am authorized under 30 Texas Administrative Code §305.44 to sign
and submit this document, and can provide documentation in proof of such authorization upon
request.
Signature: Date:
(Use blue ink)
Kelly Templin City Manager
TCEQ-20368 Checklist (12/13/2013) Page 1
NOTICE OF INTENT CHECKLIST (TXR040000)
x Did you complete everything? Use this checklist to be sure!
x Are you ready to mail your form to TCEQ? Go to the General Information Section of the
Instructions for mailing addresses.
This checklist is for use by the operator to ensure a complete application. Missing information
may result in denial of coverage under the general permit. (See NOI process description in the
Instructions)
Application Fee:
If paying by Check:
Check was mailed separately to the TCEQs Cashier’s Office. (See Instructions for
Cashier’s address and Application address.)
Check number and name on check is provided in this application.
If using ePay:
The voucher number is provided in this application or a copy of the voucher is attached.
AUTHORIZATION NUMBER:
Authorization number provided – if this application is for renewal of an existing
authorization.
OPERATOR INFORMATION - Confirm each item is complete:
Customer Number (CN) issued by TCEQ Central Registry
Legal name as filed to do business in Texas (Call TX SOS 512/463-5555)
Name and title of responsible authority signing the application
Mailing address is complete & verifiable with USPS. www.usps.com
Phone numbers/e-mail address
Type of operator (entity type)
Number of employees
Billing address is complete & verifiable with USPS. http://www.usps.com
REGULATED ENTITY (RE) INFORMATION ON PROJECT OR SITE - Confirm each item is
complete:
MS4/Regulated Entity Name
Site description
Latitude and longitude http://www.tceq.texas.gov/gis/sqmaview.html
County
Site/project physical address. Do not use a rural route or post office box.
Business description
GENERAL CHARACTERISTICS - Confirm each item is complete:
Indian Country Lands –the facility is not on Indian Country Lands
Standard Industrial Classification (SIC) Code www.osha.gov/oshstats/sicser.html
Level of MS4
Qualifying TCEQ “Designated” small MS4
Annual Reporting Year
7th Minimum Control Measurement (MCM) for Municipal Construction Activities
Discharge information
Edwards Aquifer rule
Public participation information
CERTIFICATION
Certification statements have been checked indicating “Yes”
Signature meets 30 Texas Administrative Code (TAC) 305.44 and is original.
Stormwater Management Program (SWMP), and completed SWMP Cover Sheet are
attached to the NOI.
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TCEQ-20368 SWMP Cover Sheet (12/13/2013) Page 1
STORMWATER MANAGEMENT PROGRAM (SWMP) COVER SHEET
Confirm Each Minimum Control Measure (MCM) Below is Included in the SWMP
This cover sheet MUST be completed by indicating the page number where the requested item
will be found in the SWMP. Provide the page number to the left of each item.
This cover sheet MUST be attached to the front of the SWMP.
Operator:
Operator name on NOI:
Assessment of program elements:
Program elements that were described in the previous permit have been assessed and
modified as necessary. New elements have been developed and implemented as necessary.
N/A, If newly regulated MS4.
MCM 1: Public Education, Outreach, and Involvement
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. SWMP includes a stormwater education and outreach program to educate public
employees, business, and the general public about hazards associated with the
illegal discharges and improper disposal of waste and about the impacts
stormwater can have on water quality, and steps they can take to reduce
pollutants in stormwater.
2. Defines the goals and objectives of the program based on high-priority
community-wide issues.
3. Identifies the target audiences.
4. Appropriate educational material is developed or used.
5. Education material is distributed.
SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM.
Examples of possible BMPs include, but are not limited to, the following:
x Classroom Education
x Use of media
x Education/Outreach for Commercial Activities
x Lawn and garden activities
x Promotional giveaways
x Water conservation practices for homeowners
x Outreach programs tailored to specific communities and children
x Stormwater educational materials
x Educational displays, pamphlets, booklets, and utility stuffers
x Webpage
x Storm drain stenciling
x Speakers to community groups
x Encouragement of proper lawn and garden care
x Encouragement of low impact development
x Support of pollution prevention for businesses
City of College Station
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TCEQ-20368 SWMP Cover Sheet (12/13/2013) Page 2
x Encouragement of water conservation practices
x Encouragement of pet waste management
x Stormwater hotlines
6. SWMP includes a program that complies with state and local public notice
requirements.
7. May include using public input in the implementation of the program.
8. May include opportunities for citizen to participate in implementation of control
measures.
9. Ensure the public easily can find information about the SWMP.
SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM.
Examples of possible BMPs include, but are not limited to, the following:
x Stakeholder meetings
x Community hotline
x Coordination with school groups/scouting
x Listserver
x Stream cleanup and monitoring
x Adopt-A-Stream programs
x Incentives for businesses to participate, such as web links
x Volunteer monitoring
x Watershed Organization
x Storm drain stenciling programs
x Advisory/partner committees
x Mailing list development and use
x Reforestation programs
x Wetland plantings
x Coordinate volunteer programs.
SWMP includes measureable goals, and the method of measurement, for addressing
stormwater quality
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
MCM 2: Illicit Discharge Detection and Elimination
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. Description of program that will be used to detect, investigate and eliminate illicit
discharges
2. MS4 map:
a. Location of all small MS4 outfalls operated by the MS4 and that discharge
into waters of the U.S.
b. Location and name of all surface waters receiving discharge from the
MS4s outfalls.
c. Priority areas, if applicable.
3. Methods for informing and training MS4 field staff.
4. Procedures for tracing the source of an illicit discharge.
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5. Procedures for removing the source of the illicit discharge.
6. Facilitate public reporting of illicit discharges of water quality impacts associated
with discharges into or from the small MS4.
7. Procedures for responding to illicit discharges and spills.
8. Inspections in response to complaints.
Additional Requirements for Level 2, 3, and 4 small MS4s:
For Level 2, 3, and 4 small MS4, procedures to prevent and correct leaking on-site
sewage disposal systems.
Additional Requirements for Level 3 and 4 small MS4s:
Follow-up investigation after the illicit discharge has been eliminated.
Additional Requirements for Level 4 small MS4s:
1. Procedures for identifying and creating a list of priority areas within the small
MS4s likely to have illicit discharges.
2. Implement a dry weather field screening program to assist in detecting and
eliminating illicit discharges to the small MS4.
SWMP Lists Best Management Practices (BMPs) used to fulfill this MCM.
Examples of possible BMPs may include the following:
x List of non-stormwater discharges that will not be considered illicit
x Procedures to address illegal dumping
x Hazardous materials disposal opportunities
x Industrial/Business connections
x Addressing wastewater connections to MS4
x Addressing recreational sewage (boats/camping/etc.)
x System inspections
x Dye testing
x Recycling programs
x Informing public/employees/businesses of hazards associated with illicit
discharges
x Identification of illicit discharges
x Used oil collection centers
x Public outreach and education programs regarding illicit discharges
x Publicize and facilitate public reporting
SWMP includes measureable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
MCM 3: Construction Site Stormwater Runoff Control
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
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TCEQ-20368 SWMP Cover Sheet (12/13/2013) Page 4
Requirements for all MS4s:
1. Description of program that will be developed, implemented and enforced, to
address stormwater runoff from construction once acre and greater (including
larger common plan).
2. Ordinance or other regulatory mechanism to require erosion and sediment
controls, as well as sanctions to ensure compliance, to the extent allowable under
state and local law.
3. Program requires construction site operators to implement erosion and sediment
control – BMPs to minimize the discharge of pollutants.
a. Program requires soil stabilization measures, and implementation of
BMPs to control pollutants from equipment and vehicle washing and
other wash waters.
b. Program requires operators to minimize exposure to stormwater of
building materials, building products, construction wastes, trash,
landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary
waste, and other materials.
c. Minimize the discharge of pollutants from spills and leaks. As an
alternative, ensure that the construction site has developed a stormwater
pollution prevention plan in accordance with the TPDES Construction
General Permit TXR150000.
4. Program prohibits illicit discharges such as wash out wastewater, fuels, oils,
soaps, solvents, and dewatering activities.
5. Procedures for construction site plan review to consider water quality impacts.
6. Procedures for construction site inspections and enforcement of control
measures, to the extent allowable under state and local law.
7. Procedures for receipt and consideration of information submitted by the public.
8. Procedures for MS4 staff training.
Additional Requirements for Level 3, and 4 small MS4s:
Includes an inventory of all permitted active construction sites greater than one acre
or less than one acre if part of a larger common plan of development.
SWMP lists BMPs used to fulfill this MCM. Examples may include:
x Requirement to comply with TPDES CGP
x Notification to discharger of responsibilities under TPDES CGP
x Hire staff to review construction site plans
x Provide a web page for public input on construction activities
x Require overall construction site waste management
x Perform site inspections and enforcement
x Provide education and training for construction site operators
x Notify dischargers of requirement to obtain TPDES permit coverage
x Mechanism to prohibit discharges into MS4 where necessary
SWMP includes measurable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
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TCEQ-20368 SWMP Cover Sheet (12/13/2013) Page 5
MCM 4: Post-Construction Stormwater Management in New Development and Redevelopment
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. Description of program that will be developed, implemented and enforced, to
address stormwater runoff from new development and redeveloped sites that
discharge into the small MS4 that disturb one acre or more, including projects
that disturb less than one acre that are part of a larger common plan of
development or sale.
2. Ordinance or other regulatory mechanism is in place or planned which will
regulate discharges from new development and redevelopment projects.
3. Establish, implement, and enforce a requirement that owners or operators of new
development and redeveloped sites design, install, implement, and maintain a
combination of structural and non-structural BMPs appropriate for the
community and that protects water quality.
4. Document and maintain records of enforcement actions.
5. Long-term operation and maintenance of post construction stormwater control
measures is addressed.
6. Operation and maintenance is documented.
Additional Requirements for Level 4 small MS4s:
1. Develop and implement an inspection program to ensure that all post
construction stormwater control measures are operating correctly and are being
maintained.
2. Inspections are documented.
SWMP lists BMPs used to fulfill this MCM. Examples may include:
x Local ordinance in place or planned
x Guidance document for developers to utilize
x Specific BMPs established for particular watersheds
x List of appropriate BMPs provided to operators
x Elimination of curbs and gutters is encouraged
x Zoning takes into account stormwater issues
x Incentives for use of permeable choices, such as porous pavement
x Requirements for wet ponds or other BMPs for certain size sites
x Xeriscaping
SWMP includes measurable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
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TCEQ-20368 SWMP Cover Sheet (12/13/2013) Page 6
MCM 5: Pollution Prevention and Good Housekeeping for Municipal Operations
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for all MS4s:
1. An operation and maintenance (O&M) program, including an employee training
component, in place or scheduled, to reduce/prevent pollution from municipal
activities and municipally owned areas included but not limited to park and open
space maintenance; street, road, or highway maintenance; fleet and building
maintenance; stormwater system maintenance; new construction and land
disturbances; municipal parking lots; vehicle and equipment maintenance and
storage yards; waste transfer stations; and salt/sand storage locations.
2. Develop and maintain an inventory of the MS4’s facilities and stormwater
controls.
3. Inform or train staff involved in good housekeeping practices.
4. Waste from the MS4 is removed and properly disposed.
5. Contractors hired by the MS4 must be required to comply with operating
procedures.
a. MS4 develop contractor oversight procedures.
6. MS4 evaluates O&M activities for their potential to discharge pollutants in
stormwater for road and parking lot maintenance, bridge maintenance, cold
weather operations, and right-of-way maintenance etc.
a. MS4 identifies pollutants of concern that could be discharged from the
O&M activities.
b. MS4s develop and implement pollution prevention measures that will
reduce discharge of pollutants from O&M activities.
c. MS4s inspects pollution prevention measures at MS4 facilities.
7. MS4 maintains structural controls.
Additional requirements for Level 3 and 4 small MS4s:
1. Storm sewer system O&M.
a. MS4 develops and implements an O&M program to reduce the collection
of pollutants in catch basins and other surface structures.
b. MS4 develops a list of potential problem areas for increased inspection
(for example, areas with recurrent illegal dumping).
2. Implement an O&M program to reduce discharge of pollutants from roads that
might include a street sweeping and cleaning program, or inlet protection. The
program includes an implementation schedule and a waste disposal procedure.
3. MS4 map identify MS4 facilities and stormwater controls.
4. MS4 assess its facilities for their potential to discharge pollutants into
stormwater.
a. The MS4 identifies high priority facilities that have a high potential to
generate stormwater pollutants. At a minimum, facilities include the
MS4s maintenance yards, hazardous waste facilities, fuel storage
locations, and any other facilities at which chemicals or other materials
have a high potential to be discharge in stormwater.
b. The MS4 documents the result of the assessments.
5. The MS4 develops stormwater management Standard Operation Procedures for
high priority facilities.
6. The MS4 implements stormwater controls at high priority facilities that address:
a. Good housekeeping
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TCEQ-20368 SWMP Cover Sheet (12/13/2013) Page 7
b. De-icing and anti-icing storage
c. Fueling operations and vehicle maintenance
d. Equipment and vehicle washing
7. The MS4 develops and implements an inspection program that includes high
priority facilities.
Additional requirements for Level 4 small MS4s:
MS4 has an application and management program for pesticides, herbicides, and
fertilizers that address:
a. Evaluating materials and activities used at public open spaces.
b. Implementing the following practices to minimize generating pollutants
related to landscaping.
i. Education for applicators and distributers
ii. Encouragement of non-chemical solutions for pest management
c. Development of schedules that minimizes discharge of pollutants.
d. Ensuring collection and proper disposal of unused pesticides, herbicides,
and fertilizers.
SWMP lists BMPs used to fulfill this MCM. Examples may include:
x BMPs which address fleet vehicle maintenance/washing
x BMPs which address parking lot and street cleaning
x Catch basin and storm drain system cleaning
x Landscaping and lawn care (e.g. xeriscaping)
x Waste materials management
x Road salt application and storage practices
x Used oil recycling
x Pest management practices
x Fire training facilities
x BMPs which address roadway and bridge maintenance
x Golf course maintenance/waste disposal
x Disposal of cigarette butts
x Park maintenance (e.g., providing trash bags)
SWMP includes measurable goals, and the method of measurement, for addressing
stormwater quality.
SWMP has been fully implemented, or includes a schedule of implementation not to
exceed five (5) years from permit issuance date.
MCM 6: Industrial Stormwater Sources
Page # (s) – Provide the page number (s) to the left of each item.
The SWMP includes the following required elements:
Requirements for Level MS4 only:
Program to identify and control industrial stormwater sources that at least includes:
a. MS4 landfills, other treatment, storage, or disposal facilities for municipal
waste, hazardous waste treatment, storage, disposal and recovery facilities
and facilities that are subject to Emergency Planning and Community Right-
to-Know Act (EPCRA).
b. Priorities and procedures for inspections and for implementing control
measures for such discharges.
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TCEQ-20368 SWMP Cover Sheet (12/13/2013) Page 8
Optional 7th MCM: Municipal Construction Activities (only available within the regulated area
where the MS4 operator meets the definition of construction site operator)
Page # (s) – Provide the page number (s) to the left of each item.
If this MCM is applicable, the SWMP includes the following information:
1. Description of how construction activities will generally be conducted so as to
take into consideration local conditions of weather, soils, and other site specific
considerations.
2. Description of the area that this MCM will address and where the MS4 operator’s
construction activities are covered (e.g. within the boundary of the urbanized
area, the corporate boundary, a special district boundary, an extra territorial
jurisdiction, or other similar jurisdictional boundary).
3. If the area included in this MCM includes areas outside of the UA, then all MCMs
will be implemented over those additional areas as well.
4. Description provided for one of the following:
a.How contractor activities will be supervised or overseen to ensure that the
Stormwater Pollution Prevention Plan (SWP3) requirements are properly
implemented at the construction site(s); or
b.How the MS4 operator will make certain that contractors have a separate
authorization for stormwater discharges if needed.
5. General description of how a construction SWP3 will be developed for each
construction site.
6. Records of municipal construction activities authorized under this optional
MCM.
1101 Texas Ave
College Station, TX 77840College Station, TX
Legislation Details (With Text)
File #: Version:114-418 Name:Bio-Corridor Area Transformers
Status:Type:Bid Award Consent Agenda
File created:In control:4/25/2014 City Council Regular
On agenda:Final action:5/12/2014
Title:Presentation, possible action, and discussion regarding the rejection of all bids submitted for Invitation
to Bid (ITB) 14-044, Purchase of Bio-Corridor Area Transformers.
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding the rejection of all bids submitted for
Invitation to Bid (ITB) 14-044, Purchase of Bio-Corridor Area Transformers.
Relationship to Strategic Goals: (Select all that apply)
Financially Sustainable City
Core Services and Infrastructure
Recommendation(s):
Staff recommends approval of the rejection of all bids, and the recommendation of no award for ITB
14-044.
Summary:
On March 18,2014 seven (7)sealed bids were received and opened for two (2)3000 kVA pad-
mounted transformers.The bid also included an alternate of two (2)2500 kVA pad-mounted
transformers.After receiving and opening the bids the project engineers submitted updated electric
load data and plans showing their load being less the previously submitted.The transformers now
required for the project are available for purchase through the previously approved annual purchase
of distribution transformers,ITB #13-101,which was awarded by Council on November 14,2013,
Item 2i.
Budget & Financial Summary:
The rejection of bid 14-044 will have no impact on the Electrical budget. Transformers are purchased
under an annual blanket agreement and funds are budgeted and approved in the Electric Department
Capital Improvement Project budget for these purchases as needed.
Attachments:
College Station, TX Printed on 5/8/2014Page 1 of 1
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1101 Texas Ave
College Station, TX 77840College Station, TX
Legislation Details (With Text)
File #: Version:114-421 Name:Library Audit
Status:Type:Report Consent Agenda
File created:In control:4/25/2014 City Council Regular
On agenda:Final action:5/12/2014
Title:Presentation, possible action, and discussion concerning the City Internal Auditor’s Ringer Library
Operations Audit.
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Presentation, possible action, and discussion concerning the City Internal Auditor’s Ringer Library
Operations Audit.
Relationship to Strategic Goals: (Select all that apply)
··Good Governance
··Core Services and Infrastructure
Recommendation(s): The audit committee accepted the audit report and recommended
implementation of the thirteen recommendations contained in the report.
Summary:
Reasons for the Audit: This audit was conducted per direction of the City of College Station Audit
Committee. The Audit Committee requested assurance and consultation services in regards to: (1)
how efficiently and effectively the Larry J. Ringer Library is being managed, (2) how to best spend the
library redesign bond money, and (3) whether the Bryan-College Station interlibrary agreement is still
in the best interest of the City of College Station.
Results from the Audit:
Library performance. We found that the majority of patrons are satisfied with the materials, services
and programs being offered by the library. Nevertheless, we found several areas in which the
library’s effectiveness and efficiency could be improved. Specifically, we found that staff do not take
full advantage of the technology available to them, there is an insufficiency in policies, procedures,
and performance standards, and there is considerable amounts of down-time during the non-busy
season.
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File #:14-421,Version:1
Library redesign. We found that the library has insufficient space to adequately meet the needs of
the community. Nearly all areas of the library need expansion or redesign, but the areas that should
be given highest priority are the book drop, the library commons, library furnishings, and a children’s
area.
Bryan-College Station inter-library agreement. The Bryan-College Station inter-library agreement
provides a major benefit for the City of College Station by effectively increasing the Ringer Library’s
collection and allowing for reduced expenses through shared costs. However, we found that one area
of the inter-library agreement (the Twin City Inter-library loan program) places disproportionate costs
on College Station, and a few other areas create unnecessary principal-agent issues.
Report Distribution: A full copy of the Ringer Library Operations Audit is on file in the City Secretary’s
Office. This report along with other reports conducted by the City Auditor’s Office can be found at:
<http://cstx.gov/index.aspx?page=2734>
Budget & Financial Summary: None
Attachments: None
College Station, TX Printed on 5/8/2014Page 2 of 2
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1101 Texas Ave
College Station, TX 77840College Station, TX
Legislation Details (With Text)
File #: Version:114-422 Name:Contingency Transfers for Radio Repeaters
Status:Type:Presentation Consent Agenda
File created:In control:4/28/2014 City Council Regular
On agenda:Final action:5/12/2014
Title:Presentation, possible action, and discussion regarding approval of a contingency transfer in the
amount of $30,000 for the purchase and installation of radio repeaters in front line Fire Department
response vehicles.
Sponsors:
Indexes:
Code sections:
Attachments:Fire Dept Repeater contingency xfer.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion regarding approval of a contingency transfer in the
amount of $30,000 for the purchase and installation of radio repeaters in front line Fire Department
response vehicles.
Relationship to Strategic Goals:
1.Core Services and Infrastructure
Recommendation:Staff recommends approval of a contingency transfer in the amount of $30,000
for the purchase and installation of radio repeaters in front line Fire Department response vehicles.
Summary:On April 24, 2014, Council gave direction for the use of contingency funds for the
purchase and installation of radio repeaters in front line Fire Department response vehicles.
Contingency transfers greater than $15,000 require Council approval and therefore this item is being
brought forth at this time.
Budget & Financial Summary:Contingency funds are budgeted on an annual basis for use on
unforeseen items of a critical nature. If this item is approved, $30,000 will be transferred from
General Fund contingency for the purchase and installation of the radio repeaters. There is currently
a balance of $281,943 in General Fund contingency.
Reviewed and Approved by Legal:Yes.
Attachments: Contingency Transfer
College Station, TX Printed on 5/8/2014Page 1 of 1
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REQUEST FOR CONTINGENCY TRANSFER
DATE: 5/12/14
FROM: CONTINGENCY ACCOUNT: 001-9111-999-10-10 AMOUNT: $30,000
TO: ACCOUNT NUMBER: 001-4251-562-22-90 AMOUNT: $30,000
JUSTIFICATION OF NEED FOR TRANSFER:
1. Why is this request of such an emergency nature that it must be made immediately?
The current radio system has problems transmitting from inside many local buildings which creates a
safety issue for the Fire Fighters.The installation of repeaters in all of the Fire Department front line
vehicles will reduce the problem and will increase Fire Fighter safety as well as the reliability of critical
communications.
2. Why was the item not budgeted in the normal budgetary process?
At the time the budget was developed, solutions were being investigated and the availability and cost of
a solution was not known.
3. Justification as to why the transfer cannot be made within the division or department?
Sufficient budget is not available in the department to cover the expenditure.
Council Approval Required: Yes
Date Approved by Council:
Requested by : Fire Department
Budget Review:
Approved: Approved:
Department Head Budget Officer
Approved:
City Manager
1101 Texas Ave
College Station, TX 77840College Station, TX
Legislation Details (With Text)
File #: Version:114-407 Name:Chimney Hill Redevelopment Rezoning
Status:Type:Rezoning Agenda Ready
File created:In control:4/21/2014 City Council Regular
On agenda:Final action:5/12/2014
Title:Public hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of
Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from GC
General Commercial and OV Corridor Overlay to PDD Planned Development District for
approximately 8 acres in the Chimney Hill Retail Plaza Lots 1-4, Block 1, generally located at 701 &
715 University Drive East.
Sponsors:
Indexes:
Code sections:
Attachments:Background Information.pdf
Aerial & SAM.pdf
Proposed Concept Plan.pdf
Ordinance.pdf
Action ByDate Action ResultVer.
Public hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of
Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from GC
General Commercial and OV Corridor Overlay to PDD Planned Development District for
approximately 8 acres in the Chimney Hill Retail Plaza Lots 1-4, Block 1, generally located at 701 &
715 University Drive East.
Relationship to Strategic Goals:Diverse Growing Economy
Recommendation(s):The Planning and Zoning Commission gave consideration to this item at
their May 1, 2014 meeting and a report of their recommendation will be provided with the
presentation. Staff recommends approval of the request with the condition that an additional right-
turn lane be provided on southbound Tarrow Street at the intersection University Drive East and that
the rezoning ordinance is not effective unless a deed executed for purchase of the property is
recorded in the Official Records of Brazos County, Texas on or before September 15, 2014.
Summary:This request is to rezone the property from GC General Commercial and OV Corridor
Overlay to PDD Planned Development District to enable the redevelopment of the property into a
mixed-use development. The Unified Development Ordinance provides the following review criteria
for zoning map amendments:
Review Criteria
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File #:14-407,Version:1
1.Consistency with the Comprehensive Plan;
2.Compatibility with the present zoning and conforming uses of nearby property and with the
character of the neighborhood;
3.Suitability of the property affected by the amendment for uses permitted by the district that would
be made applicable by the proposed amendment;
4.Suitability of the property affected by the amendment for uses permitted by the district applicable
to the property at the time of the proposed amendment;
5.Marketability of the property affected by the amendment for uses permitted by the district
applicable to the property at the time of the proposed amendment; and
6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and
adequate for the proposed use.
The subject property is designated as General Commercial on the Comprehensive Plan’s Future
Land Use and Character Map and is within the area identified as the Hospitality Corridor along
University Drive East. The proposed project seeks to redevelop an aging shopping center along one
of the College Station’s primary image corridors. The site was originally constructed in the late 1970s
and the proposed project will retain mostly ground floor commercial while allowing for residential uses
in the northeast corner of the site and on the upper floors of the main building. A hotel use is also
permitted in the area designated for residential use.
The subject property is surrounded by thoroughfares and developed property zoned GC General
Commercial. The proposed development will continue the commercial nature of the immediate
vicinity while allowing residential uses in which the parking will be accommodated within a parking
garage. Given the amount of access and proximity to major thoroughfares, commercial uses remain
suitable for this centrally located property. A greater intensity of uses though is commonly needed to
support the costs associated with a redevelopment project of this nature. While marketable as a
commercial-only property, the opportunity provided by redevelopment allows for the creation of a
unique, destination-based development along one of the City’s main corridors. The existing OV
Corridor Overlay that begins at Earl Rudder Freeway and ends on this property at Tarrow Street will
be removed as part of this request. This will allow the project to reduce setbacks and create a more
pedestrian-friendly environment internally.
There is a 12-inch water line along East Tarrow, a 20-inch water line along Tarrow Street, and an 8-
inch sanitary sewer line off East Tarrow to serve the property. Some of the infrastructure and
easements on the site will need to be abandoned and/or relocated for the redevelopment to occur.
Storm drainage is to Burton Creek and post-development flows will not be able to exceed pre-
development flows.
Access to the subject tract will be via Tarrow Street/East Tarrow, a four-lane Minor Arterial, and
University Drive East, a six-lane Major Arterial. A Traffic Impact Analysis (TIA) was submitted as part
of this rezoning application. Based on the analysis, an additional right-turn lane is required on
Tarrow Street for the southbound approach to University Drive East as it falls below the acceptable
level of service with the forecasted and site-generated traffic. A right-turn deceleration lane will be
required for the proposed consolidated driveway from University Drive East due to the anticipated
volume of right turns into the site.
Review of Concept Plan
The applicant has provided the following information related to the purpose and intent of the
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File #:14-407,Version:1
proposed zoning district:
“The purpose and intent of the PDD is to encourage the redevelopment of an existing
underperforming retail center along the University Drive Hospitality Corridor. The new
development will provide a destination for residents and visitors to shop, dine, live, and
recreate in a more urban environment. Introducing high density residential land uses and
more urban development standards will incent the major reinvestment of an underutilized
property in a prominent area of College Station.”
The Concept Plan proposes to demolish the existing buildings and construct a vertical mixed use
building and four one-story buildings in phases that orient toward an interior plaza. A parking garage
will be attached to the vertical mixed-use building and provide additional parking. The two driveways
along University Drive East will be consolidated into one with a right-turn deceleration lane provided.
The existing driveway location on East Tarrow with left-turn lane will remain and three new driveways
are proposed along Tarrow Street with one aligning with the former Albertson’s shopping center
driveway and another with Arguello Drive.
Base Zoning and Meritorious Modifications
The development will utilize GC General Commercial and R-6 High Density Multi-Family as the base
zoning districts.
Permitted Uses
GC General Commercial uses along with multi-family land uses as allowed in R-6 High Density Multi-
Family Permitted are permitted in addition to a pedestrian-oriented outdoor plaza designed for
community events that include a pavilion, tower architectural feature, outdoor sales, display and other
park-like amenities.
Density
The maximum residential density is 30 units per acre as per the R-6 High Density Multi-Family zoning
district.
Setbacks
Instead of standard zoning setbacks, the applicant has proposed:
Minimum Front Setback (along University Drive East)20 feet (normally 25 feet)
Minimum Side Setback (between buildings)7.5 feet
Minimum Side Street Setback (along East Tarrow)15 feet
Minimum Rear Setback (along Tarrow Street)10 feet (normally 15 feet)
Height
Building height will be regulated by GC General Commercial and R-6 High Density Multi-Family base
zoning districts. Building heights will range between one and seven stories.
Parking
Parking for residential uses will be 1 parking space per bed. Non-residential parking will be 1 parking
space per 250 gross square feet with no increase for more intense commercial uses as defined by
the Unified Development Ordinance. Up to 20% of the parking spaces within the parking garage may
be compact spaces.
Other Meritorious Modifications
Off-Street Parking Standards: Minimum parking lot setback is reduced to 8 feet along Tarrow Street
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with double landscape islands not being required every seven parking spaces.
Right-of-Way Dedication: No additional right-of-way is anticipated for University Drive East, East
Tarrow, or Tarrow Street unless needed for the additional turn-lane mitigation.
Non-Residential Architecture Standards: Accessory buildings and parking garages are exempt from
the requirements except that parking garages may be constructed of a pre-case concrete product
and painted to complement abutting buildings.
Signage
The sign regulations for the base zoning districts of GC General Commercial and R-6 High Density
Multi-Family will be utilized for this development with the following modifications:
··Signs may be approved administratively by staff with appeals to staff’s interpretations to be
considered by the Design Review Board;
··Wayfinding signage (UDO Section 12-7.5.AA Campus Wayfinding Signs)is permitted for this
development and may also be located at street intersections including driveways with parking;
··In addition to one freestanding sign, low profile signs are allowed at one per building;
··Light pole signage may be utilized within the interior plaza area only and is limited to a
maximum of 14 light pole signs with 36 square feet per light pole.These signs are not in lieu
of freestanding signage,are intended as development identification and special event signage,
will not be utilized for tenant signage, and do not count against attached signage limitations;
··Apartment Identification signage is allowed with two detached signs -one placed at University
Drive East and East Tarrow and a second placed at University Drive East and Tarrow Street
only advertising the subdivision,development,or area.No commercial tenant advertising
shall occur on the Apartment Identification signs; and
··Attached signage is permitted for all residential and non-residential buildings.
o The residential portion of the public entry façade shall be calculated in the allowance for
attached signage square footage.
o The facades of the commercial-only buildings along University Drive East are to be
included in the public entry façade calculation.
Budget & Financial Summary:N/A
Reviewed and Approved by Legal:Yes
Attachments:
1.Background Information
2.Aerial & Small Aerial Map (SAM)
3.Proposed Concept Plan
4.Ordinance
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BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: May 1, 2014
Advertised Council Hearing Dates: May 12, 2014
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:
Chimney Hill HOA
Villas of Chimney Hill HOA
Property owner notices mailed: 23
Contacts in support: None at the time of staff report.
Contacts in opposition: None at the time of staff report.
Inquiry contacts: Two
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North (across
Tarrow Street) Suburban Commercial GC General Commercial Office buildings
South (across
University Dr. E) General Commercial GC General Commercial
with OV Corridor Overlay
Shopping center and
restaurants
East (across East
Tarrow Street) General Commercial GC General Commercial
with OV Corridor Overlay Hotel
West (across
Tarrow Street) General Commercial GC General Commercial
Bank, shopping center
including former
Albertson’s grocery
DEVELOPMENT HISTORY
Annexation: 1956
Zoning: GC General Commercial with OV Corridor Overlay
Final Plat: 1975 with replats in 1984 & 1985
Site development: Existing shopping center to be demolished as part of
redevelopment.
ORDINANCE NO. _____
AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,”
SECTION 12-4.2, “OFFICIAL ZONING MAP,” OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT
BOUNDARIES AFFECTING LOTS ONE(1), THREE (3), AND FOUR (4), BLOCK ONE (1),
CHIMNEY HILL RETAIL PLAZA SUBDIVISION, AN ADDITION TO THE CITY OF
COLLEGE STATION, BRAZOS COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN VOLUME 807, PAGE 543, OF THE OFFICIAL RECORDS, BRAZOS
COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning
Map,” of the Code of Ordinances of the City of College Station, Texas, be amended
as set out in Exhibit “A”, further described in Exhibit “B”, in accordance with the
Concept Plan shown in Exhibit “C”, and as shown graphically in Exhibit “D”,
attached hereto and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two
Thousand Dollars ($2,000.00). Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense.
PART 4: Said Ordinance will not become effective unless a deed executed for purchase of the
property is recorded in the Official Records of Brazos County, Texas on or before
September 15, 2014.
PASSED, ADOPTED and APPROVED this _____ day of ______, 2014
APPROVED:
____________________________________
MAYOR
ATTEST:
_______________________________
City Secretary
ORDINANCE NO.__________________ Page 2
APPROVED:
_______________________________
City Attorney
ORDINANCE NO.__________________ Page 3
EXHIBIT “A”
That Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the
Code of Ordinances of the City of College Station, Texas, is hereby amended as follows:
The following property is rezoned from GC General Commercial and OV Corridor Overlay to
PDD Planned Development District:
Lots One (1), Three (3) and Four (4), Block One (1), Chimney Hill Retail Plaza Subdivision, an
addition to the City of College Station, Brazos County, Texas, according to the plat recorded in
Volume 807, Page 543, of the Official Records. Brazos County, Texas
ORDINANCE NO.__________________ Page 4
EXHIBIT “B” Rezoning Description
The purpose and intent of the PDD is to encourage the redevelopment of an existing
underperforming retail center along the University Drive Hospitality Corridor. The new
development will provide a destination for residents and visitors to shop, dine, live, and recreate
in a more urban environment. Introducing high density residential land uses and more urban
development standards will incent the major reinvestment of an underutilized property in a
prominent area of College Station.
The Concept Plan proposes to demolish the existing buildings and construct a vertical mixed use
building and four one-story buildings in phases that orient toward an interior plaza. A parking
garage will be attached to the vertical mixed use building and provide additional parking. The
two driveways along University Drive East will be consolidated into one with a right-turn
deceleration lane provided. The existing driveway location on East Tarrow with left-turn lane
will remain and three new driveways are proposed along Tarrow Street with one aligning with
the former Albertson’s shopping center driveway and another with Arguello Drive.
Base Zoning and Meritorious Modifications
The development will utilize GC General Commercial and R-6 High Density Multi-Family as the
base zoning districts.
Permitted Uses
GC General Commercial uses along with multi-family land uses as allowed in R-6 High Density
Multi-Family Permitted are permitted in addition to a pedestrian-oriented outdoor plaza designed
for community events that include a pavilion, tower architectural feature, outdoor sales, display
and other park-like amenities. A hotel use is also permitted in the area designated for residential.
Density
The maximum residential density is 30 units per acre as per the R-6 High Density Multi-Family
zoning district.
Setbacks
Instead of standard zoning setbacks, the applicant has proposed:
Minimum Front Setback (along University Drive East): 20 feet
Minimum Side Setback (between buildings): 7.5 feet
Minimum Side Street Setback (along East Tarrow): 15 feet
Minimum Rear Setback (along Tarrow Street): 10 feet
Height
Building height will be regulated by GC General Commercial and R-6 High Density Multi-
Family base zoning districts. Building heights will range between one and seven stories.
ORDINANCE NO.__________________ Page 5
Parking
Parking for residential uses will be 1 parking space per bed. Non-residential parking will be 1
parking space per 250 gross square feet with no increase for more intense commercial uses as
defined by the Unified Development Ordinance. Up to 20% of the parking spaces within the
parking garage may be compact spaces.
Off-Street Parking Standards: Minimum parking lot setback is reduced to 8 feet along Tarrow
Street with double landscape islands not being required every seven parking spaces.
Right-of-Way Dedication: No additional right-of-way is anticipated for University Drive East,
East Tarrow, or Tarrow Street unless needed for the additional turn-lane mitigation.
Non-Residential Architecture Standards: Accessory buildings and parking garages are exempt
from the requirements except that parking garages may be constructed of a pre-case concrete
product and painted to complement abutting buildings.
Signage
The sign regulations for the base zoning districts of GC General Commercial and R-6 High
Density Multi-Family will be utilized for this development with the following modifications:
Signs may be approved administratively by staff with appeals to staff’s interpretations to
be considered by the Design Review Board;
Wayfinding signage (UDO Section 12-7.5.AA Campus Wayfinding Signs) is permitted
for this development and may also be located at street intersections including driveways
with parking;
In addition to one freestanding sign, low profile signs are allowed at one per building;
Light pole signage may be utilized within the interior plaza area only and is limited to a
maximum of 14 light pole signs with 36 square feet per light pole. These signs are not in
lieu of freestanding signage, are intended as development identification and special event
signage, will not be utilized for tenant signage, and do not count against attached signage
limitations;
Apartment Identification signage is allowed with two detached signs – one placed at
University Drive East and East Tarrow and a second placed at University Drive East and
Tarrow Street only advertising the subdivision, development, or area. No commercial
tenant advertising shall occur on the Apartment Identification signs; and
Attached signage is permitted for all residential and non-residential buildings.
o The residential portion of the public entry façade shall be calculated in the allowance
for attached signage square footage.
o The facades of the commercial-only buildings along University Drive East are to be
included in the public entry façade calculation.
ORDINANCE NO.__________________ Page 6
EXHIBIT “C” Concept Plan
ORDINANCE NO.__________________ Page 7
EXHIBIT “D”
1101 Texas Ave
College Station, TX 77840College Station, TX
Legislation Details (With Text)
File #: Version:114-409 Name:Seismic Survey Regulations and Fee
Status:Type:Resolution Agenda Ready
File created:In control:4/21/2014 City Council Regular
On agenda:Final action:5/12/2014
Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending
Chapter 4, “Business Regulations”, of the Code of Ordinances of the City of College Station, Texas,
by amending Section 4-13 “Oil and Gas Regulations”, Subsection A. “Definitions” and Subsection F.
“Permit Classifications”, Part 4 “Seismic Permit” and amending Chapter 14, “Service Fees”, of the
Code of Ordinances of the City of College Station, Texas, by amending Section 14-6 “Development
Services”, Subsection A. “Oil and Gas Development Application Fees” by adding Subpart (5) Seismic
Survey Permit fee.
A Resolution of the City Council of the City of College Station, Texas, adopting fees related to seismic
survey permitting.
Sponsors:
Indexes:
Code sections:
Attachments:Ord Amendment Ch 4 & Ch 14 5-2-2014.pdf
License Agmt 5-2-2014.pdf
Resolution 5-2-2014.pdf
Action ByDate Action ResultVer.
Public Hearing,presentation,possible action,and discussion regarding an ordinance amending
Chapter 4,“Business Regulations”,of the Code of Ordinances of the City of College Station,Texas,
by amending Section 4-13 “Oil and Gas Regulations”,Subsection A.“Definitions”and Subsection F.
“Permit Classifications”,Part 4 “Seismic Permit”and amending Chapter 14,“Service Fees”,of the
Code of Ordinances of the City of College Station,Texas,by amending Section 14-6 “Development
Services”,Subsection A.“Oil and Gas Development Application Fees”by adding Subpart (5)Seismic
Survey Permit fee.
A Resolution of the City Council of the City of College Station,Texas,adopting fees related to
seismic survey permitting.
Relationship to Strategic Goals:
··Good Governance
··Financially Sustainable City
··Core Services and Infrastructure
··Neighborhood Integrity
··Diverse Growing Economy
··Sustainable City
Recommendation(s):Staff recommends approval of the ordinance amendments and associated
standard form License Agreement, and approval of resolution setting the Seismic Survey Permit fee.
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File #:14-409,Version:1
Summary: This item is to consider proposed ordinance amendments and a License Agreement
which would establish detailed local regulations for permitting Oil and Gas Seismic Surveys, as well
as a resolution to set the fee.
Seismic Surveys are geologic or geophysical activities to determine the potential location of
subterranean mineral deposits for oil and gas exploration by using an energy source and receivers.
Staff contents the current Oil and Gas Regulations, which were adopted in 1991 and that have only
minimal regulation of Seismic Surveys, are not adequate to protect public and private interests.
There are current requests for the City to permit Seismic Surveys on City Rights-of-Way, City-owned
properties, and private properties in the City. These requests include using vibroseis trucks which
utilize a specialized pad to vibrate the ground at numerous locations (known as source points)
including public streets, as well as public and private properties. This vibration is the energy source
which sends waves to a numerous grid of receivers. Staff is concerned that these vibrations, if not
properly regulated, may risk damage to public roads, public and private utilities, and public and
private buildings.
City staff has surveyed other cities and entities for best practice regulations. In summary, the
proposed ordinance amendments and License Agreement would:
1.Prohibit all explosives as source points
2.Prohibit source points in City Rights-of-Way and City-owned properties within City Limits
3.Enable permitting of source points and receivers on private properties, if:
a.The source point property owner provides written consent and waiver of City
liability
b.Limits the vibroseis trucks to mini-truck weight category
c.Limit vibrations to peak particle velocity <0.35 in/sec and frequency to the range
of 8-90 Hz
d.Require vibroseis technicians to monitor and enforce the established “not to
exceed” peak particle velocity and frequency limits when operating within 300 feet of
residential, commercial, or other types of sensitive structures
e.Require a minimum of 10 foot source point setback from public infrastructure
f.Require a minimum of 350 foot source point setback from water and irrigation
wells
4.Enable permitting of receivers on City Rights-of-Way on the conditions that:
a.Receivers shall not be placed on public road pavement or sidewalks
b.No road or lane closures will be permitted for standard operations
c.Clearing trees and vegetation greater than 1-inch caliper is prohibited
5.Permittee will also be required to:
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a.Pay application fee
b.Enter a License Agreement
c.Provide a specific map of source and receiver points
d.Provide Insurance
e.Provide $100,000 Security
f.Settle all legitimate claims expediently
g.Indemnify the City
Budget & Financial Summary:N/A
Legal Review:Yes
Attachments:
1.Ordinance Amendments
2.License Agreement
3.Fee Resolution
College Station, TX Printed on 5/8/2014Page 3 of 3
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ORDINANCE NO. ______________
AN ORDINANCE AMENDING CHAPTER 4, “BUSINESS REGULATIONS”, OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING SECTION 4-13 “OIL AND GAS REGULATIONS”, SUBSECTION A.
“DEFINITIONS” AND SUBSECTION F. “PERMIT CLASSIFICATIONS”, PART 4
“SEISMIC PERMIT”, AS SET OUT BELOW; AND AMENDING CHAPTER 14, “SERVICE
FEES”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION,
TEXAS, BY AMENDING SECTION 14-6 “DEVELOPMENT SERVICES”, SUBSECTION A.
“OIL AND GAS DEVELOPMENT APPLICATION FEES” BY ADDING SUBPART (5)
SEISMIC SURVEY PERMIT FEE, AS SET OUT BELOW; PROVIDING A SEVERABILITY
CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 4, “BUSINESS REGULATIONS”, Section 4-13, “OIL AND
GAS REGULATIONS”, Subsection A. “Definitions” and Subsection F.
“Permit Classifications”, Part 4 “Seismic Permit” of the Code of Ordinances
of the City of College Station, Texas, be amended as set out in Exhibit “A” and
Exhibit “B”, attached hereto and made a part of this ordinance for all purposes.
PART 2: That Chapter 14, “SERVICE FEES”, Section 14-6 “DEVELOPMENT
SERVICES”, Subsection A. “OIL AND GAS DEVELOPMENT
APPLICATION FEES” of the Code of Ordinances of the City of College
Station, Texas, be amended by adding Subpart (5) Seismic survey permit fee, as
set out in Exhibit “C”, attached hereto and made a part of this ordinance for all
purposes.
PART 3: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 4: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor
more than Two Thousand Dollars ($2,000.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station..
PASSED, ADOPTED and APPROVED this ________ day of ___________________, 2014.
APPROVED:
__________________________________
Mayor
ORDINANCE NO.__________________
ATTEST:
_____________________________
City Secretary
APPROVED:
_____________________________
City Attorney
ORDINANCE NO.__________________
EXHIBIT “A”
That Chapter 4, “BUSINESS REGULATIONS”, Section 4-13, “OIL AND GAS
REGULATIONS”, Subsection A. “Definitions” of the Code of Ordinances of the City of College
Station, Texas, hereby is amended to read as follows:
A. Definitions.
Oil and gas industry words or phrases not defined herein shall have the meaning
customarily attributable thereto by reasonable and prudent oil and gas industry
operators.
1. Abandonment means "abandonment" as defined by the Commission and
includes the restoration of the drill site as required by this Ordinance.
2. Approved type and approved design means improvements, equipment, or
facilities of a type or design approved by the Commission, Fire Department,
or Consultant.
3. Area means the property within a radius of one thousand (1,000) feet of the
oil or gas operation.
4. Blowout preventer means a mechanical, hydraulic, pneumatic, or other
device or combination of such devices secured to the top of a well casing,
including valves, fittings and control mechanisms connected therewith,
which can be closed around the drill pipe or other tubular goods to
completely close the top of the casing and prevent blowout.
5. Cellar means an excavation around and above the top joint of the well
casing.
6. City means the City of College Station, Texas.
7. City Attorney means the City Attorney of the City.
8. City Code means the Code of Ordinances of the City.
9. City Engineer means the City Engineer of the City.
10. City Planner means the City Planner of the City.
11. City Secretary means the City Secretary of the City.
12. Commission means the Texas Railroad Commission.
13. Completion of drilling and re-working means the date work is completed
after the thirty (30) day period of drilling or re-working, and the crew is
released by completing their work, contract, or by their employer.
14. Consultant means a person familiar with and educated in the oil and gas
industry who has been retained by City.
15. Council means the City Council of the City.
ORDINANCE NO.__________________
16. Derrick means any portable framework, tower, mast, or structure required or
used in connection with drilling, re-working, operating, or maintaining a
well.
17. Desertion means the cessation of the operation at any drill site without
compliance with the provisions of this Ordinance relating to suspended
operations, idle wells, or abandonment.
18. Disposal well means any well drilled or intended to be drilled, including
solutions and liquids containing solids in suspension, produced from any
such well.
19. Drilling means any digging or boring of a new well to explore, develop, or
produce oil, gas, or other hydrocarbons, or to inject gas, water, or any other
fluid or substance into the earth.
20. Drilling equipment means the derrick, all parts and appurtenances to such
structure, and every piece of apparatus, machinery, or equipment used,
erected, or maintained for use in connection with drilling.
21. Drill site means the premises used during the drilling or re-working of a well
located there.
22. Exploration means geologic or geophysical activities, including excluding
seismic surveys, related to the search for oil, gas, or other subsurface
hydrocarbons related to a specific operation or oil well.
23. Fire Department means the Fire Department of the City.
24. Fluids means any gas or liquid.
25. Gas means any fluid, either combustible or non-combustible, which is
produced in a natural state from the earth and which maintains a gaseous or
rarified state at standard temperature and pressure conditions, and/or the
gaseous components or vapors occurring in or derived from petroleum or
natural gas.
26. Gas well means any well drilled, to be drilled, or used for the intent or actual
production of natural gas.
27. High impact area means any residential, administrative, professional, or
commercial neighborhood zone where there is an existing residential,
administrative, professional, or commercial neighborhood use in the area of
the proposed oil or gas operation.
28. Lessee means a person who has executed an oil or gas lease or sublease, or
the owner of the land or minerals, or his heirs, who conducts or carries on
any oil or gas exploration, development, and operation thereof, or a person
conducting the operation for himself or others.
29. Lessor means the owner of surface or mineral rights who has executed a
lease.
ORDINANCE NO.__________________
30. Maintenance means the repair or replacement of any machinery, equipment,
apparatus, structure, facility, or parts used in connection with an oil or gas
operation, site, drill site, or any other work necessary to reduce fire hazards
or hazards to employees, public health, safety, and welfare.
31. New well means a new well bore or new hole established at the ground
surface and shall not include re-working of an existing well which is not
abandoned.
32. Oil or gas operation means construction, maintenance, or use, of any
installation, facility, or structure, directly or indirectly, to carry out or
facilitate one (1) or more of the following functions: repair, development,
drilling, re-working, production, storage, processing, extraction, enhanced
recovery, stimulation, abandonment, or shipping of oil or gas from the
subsurface of the earth, including site development.
33. Oil or gas operation site means the physical location where oil or gas
operations are conducted.
34. Oil well means any well drilled, to be drilled, or used for the intended or
actual production of liquid petroleum or petroleum products or enhanced
recovery.
35. Operator means any person drilling, maintaining, operating, pumping, or in
control of a well. If the operator is not the lessee under an oil or gas lease of
any premises affected by the provisions of this article, then such lessee shall
also be deemed to be an operator. If no oil or gas lease exists relating to any
premises affected by this article, the owner of the fee estate in the premises
shall be deemed an operator.
36. Outer boundary line means a situation in which several contiguous parcels
of land in one (1) or different ownerships are operated as a single oil or gas
lease or operating unit, or the exterior limits of the land included in a lease or
unit. In determining the contiguity of any such parcel, all public rights-of-
way crossing through or within the lease boundaries shall be part of the
leased tract or unit.
37. Owner means a person who owns the legal or equitable title in and to the
surfaces of the drill site or oil or gas operation site.
38. Permit means a drilling permit issued or sought to be issued under this
Ordinance authorizing the drilling of an oil or gas well or other oil
operations.
39. Permittee means a person to whom is issued a permit authorizing oil or gas
operations, and his heirs, administrators, executors, successors, and assigns.
40. Person means both the singular and the plural and means a natural person,
corporation, association, guardian, partnership, receiver, trustee,
administrator, executor, and fiduciary or representative of any kind.
ORDINANCE NO.__________________
41. Planning and Zoning Commission means the Planning and Zoning
Commission of the City.
42. Processing means the use of oil operations for gauging, recycling,
compressor repressuring, injection, reinjection, dehydration, stimulation,
separation (including but not limited to separation of liquids from gas),
shipping and transportation, and gathering oil, gas, other hydrocarbon
substances, water or any combination thereof.
43. Project Review Committee (PRC) means a committee composed of the
following persons or their designated alternate: Director of Planning, City
Engineer, and the Planning and Zoning Commission Chairman.
44. Residence means a house, duplex, apartment, townhouse, condominium,
mobile home, or other building used for dwelling purposes.
45. Re-working means reoccupation or re-entry of an existing well within the
existing bore hole or by deepening or sidetrack operations which do not
extend more than one hundred fifty (150) horizontal feet from the existing
well bore, or replacement of well liners or casings.
46. Right-of-way means public rights-of-way including streets, easements, and
other property in the City dedicated to public use and benefit.
47. Rural area means an area characterized by open space involving a proposed
drill site of not less than twenty-five (25) acres with no operations to be
conducted within one thousand (1,000) feet of a residence, hospital, or
school.
48. Seismic survey means the geologic or geophysical activities necessary to
determine the potential location of subterranean mineral deposits using
vibroseis equipment.
49. Seismic source means the device, such as a vibroseis truck or explosives,
which generates controlled seismic energy used to perform a seismic survey.
50. Seismic source point means a specific location at which the seismic source
device generates controlled seismic energy used to perform a seismic survey.
51. Seismic receiver means the device which receives and records the reflected
energy waves from the seismic source points used to perform a seismic
survey.
52. Seismic receiver point means the specific location where a seismic receiver
receives and records the reflected energy waves from the seismic source
points used to perform a seismic survey.
53. Source of ignition means any flame, arc, spark, heated object, or surface
capable of igniting liquids, gases, or vapors.
54. Street means any street, highway, sidewalk, alley, avenue, recessed parking
area, or other public right-of-way, including the entire right-of-way.
ORDINANCE NO.__________________
55. Sump or sump pit means an earthen pit, commonly known as a "mud pit,"
lined or unlined for the discharge of oil field wastes.
56. Tank means a container, covered or uncovered, used to hold or store fluids
in conjunction with drilling or production of oil, gas, or other hydrocarbons.
57. Department of Water Resources means the Texas Department of Water
Resources.
58. Urban area means any area characterized by business and commercial use,
where the proposed drill site is at least three hundred (300) feet from a
commercial use as defined by the City Zoning Ordinance.
59. Well means a hole(s) or bore(s) to any horizon, formation, or strata for the
purpose of producing any oil, gas, liquid hydrocarbon, brine water, sulphur
water, or for use as an injection well for secondary recovery or disposal or
production of oil, gas, or other hydrocarbons from the earth.
60. Well servicing means maintenance work performed in any existing well bore
which does not involve drilling or re-working.
ORDINANCE NO.__________________
EXHIBIT “B”
That Chapter 4, “BUSINESS REGULATIONS”, Section 4-13, “OIL AND GAS
REGULATIONS”, Subsection F, “Permit Classifications”, Part 4 “Seismic Permit” of the Code
of Ordinances of the City of College Station, Texas, hereby is amended to read as follows:
4. Seismic survey permit.
a. A permit is required for all seismic surveys performed on any
property within the City.
b. To obtain a permit, the Operator must submit an application to the
City, must pay the permit fee as established by resolution of the
City Council, and execute a License Agreement on a form
approved by the City Attorney. The City Manager or his/her
designee is authorized to negotiate and execute the License
Agreement on behalf of the City.
c. The term of the permit shall be for a period of one (1) year.
d. It is a violation of this ordinance to conduct a seismic survey in the
City without a valid, existing Permit and License Agreement with
the City.
e. Application.
The application for a permit will require the following information
to be provided by the Operator:
(1) Name and address of the Operator. If the Operator is a
corporation, the state of incorporation. If the Operator is a
limited partnership, the name and address of the general
partner(s).
(2) Name, address, telephone number, and email address of
two individuals who will be the 24-hour emergency contact
for the City.
(3) Name, address, telephone number, and email address of a
point of contact for members of the public and/or media.
(4) Seismic Project Route Plan Sheets on 24x36 tax maps that
identify all utilities, streets, properties, the location of
source points, and the location of receiver points.
(5) Traffic Control Plan in compliance with the Texas Manual
on Uniform Traffic Control Devices.
ORDINANCE NO.__________________
(6) A list of the type, weight, and specifications of the
vibroseis equipment and/or vehicles to be used in the
seismic survey.
(7) A certificate of insurance evidencing the insurance required
under the License Agreement which names the City as an
additional insured.
(8) A security instrument that secures the Operator’s
obligations to repair any damage caused by the seismic
survey to sidewalks, rights of way, easements,
water/sewer/electric infrastructure, or other public property
or infrastructure.
f. Prohibitions
(1) Under no circumstances may explosive charges, including,
but not limited to, pentolite or dynamite, be used in any
way as a seismic source or related to the preparation and/or
operation of conducting a seismic survey in the City,
including public and private properties, City Rights-of-
Way, and on City-owned properties.
(2) Seismic source points shall not be permitted within City
Rights-of-Way, or on City-owned properties within City
Limits.
(3) Clearing trees and vegetation, associated with Seismic
survey operations, greater than a one-inch caliper is
prohibited in City Rights-of-Way and on any City-owned
properties.
g. Violations
It is a violation of this ordinance to conduct seismic surveys:
(1) In the City without a valid, existing Permit and License
Agreement with the City;
(2) Using pentolite, dynamite, or any other type of explosive;
(3) If source point activity encroaches upon the minimum
established setbacks;
(4) If the peak particle velocity or frequency exceed the
allowed parameters pursuant to the License Agreement;
ORDINANCE NO.__________________
(5) Using City Rights-of-Way, or City-owned properties within
the City Limits for seismic source points.
(6) Using public streets, sidewalks, or drainage ditches for
seismic receiver points and/or using other public property
without prior written permission from the City; or
(7) That violate any of the terms or conditions of the License
Agreement.
h. Provisions of this Section 13 “Oil and Gas Regulations” shall
apply as appropriate, and the Seismic survey permit subsection
shall prevail if any conflicts arise.
ORDINANCE NO.__________________
EXHIBIT “C”
That Chapter 14, “SERVICE FEES”, Section 14-6 “DEVELOPMENT SERVICES”, Subsection
A. “OIL AND GAS DEVELOPMENT APPLICATION FEES” of the Code of Ordinances of the
City of College Station, Texas, hereby is amended by adding the following:
(5) Seismic survey permit fee.
STATE OF TEXAS §
COUNTY OF BRAZOS §
SEISMIC SURVEY LICENSE AGREEMENT
This non-exclusive License Agreement for temporary seismic survey operations is made and
entered into this ___ day of ______ 20___ by and between the City of College Station, Texas (“City”) a
home rule municipal corporation and __________________________________________, (“Licensee”) a
____________________________ duly formed and operating pursuant to the laws of the State of Texas.
WHEREAS, Licensee desires to conduct seismic surveys in the City of College Station, for
evaluation related to the exploration and production of oil and natural gas; and
WHEREAS, Licensee will obtain or has obtained a seismic survey permit in accordance with
Chapter 4 “Business Regulations”, Section 4-13 “Oil and Gas Regulations” of the City of College Station
Code of Ordinances and will obtain or has obtained consent and indemnity waivers from private property
owners whose property will be used as source points for seismic testing; and
WHEREAS Licensee desires to obtain a Seismic Survey License from the City in order to
conduct seismic survey operations within the City in furtherance of same; and
NOW THEREFORE in consideration of the mutual covenants contained herein the City and
Licensee agree as follows:
1. Non-exclusive License and Permit Fee
In consideration for the City granting the Licensee a revocable, non-exclusive seismic survey license, the
Licensee will pay a permit fee of $5,000.00. A specific License is required for each survey and the
License is not assignable. The Licensee is granted the privilege to construct, deconstruct, repair, operate,
and maintain seismic survey source and receiver equipment on private property, where Licensee has
obtained permission from surface and mineral interest owners, and receiver equipment on City Rights-of-
Way. The total fee is due before commencement of operations. The fee is not refundable if the
agreement is terminated due to a breach by the Licensee. Upon the full execution by both parties of this
Seismic Survey License Agreement, said Agreement shall also serve as the Seismic Survey Permit.
2. Term
This license is valid for one (1) year beginning on the date of approval of this License by the City. All
energy source operations shall be completed within ninety (90) consecutive calendar days, beginning on
the date of commencement of operations. Once operations have commenced, in the event Licensee is
rendered unable, wholly or in part, by circumstances beyond the Licensee’s control, to complete
operations within the remaining term of the License, then the time for completion may be extended, at the
discretion of the City Engineer or his designee, for a period of time not to exceed six (6) months, upon
written request by the applicant setting forth full particulars of the circumstances causing the delay which
were not within the control of the applicant and which the applicant could not have avoided by the
exercise of due diligence and care.
3. Prohibitions
Licensee is prohibited from the following:
a. Under no circumstances may explosive charges, including, but not limited to, pentolite or dynamite,
be used in any way as a seismic source or related to the preparation and/or operation of conducting a
seismic survey in the City, including public and private properties, City Rights-of-Way, and on City-
owned properties.
b. Seismic source points shall not be permitted within City Rights-of-Way, or on City-owned properties
within City limits.
c. Clearing trees and vegetation, associated with Seismic survey operations, greater than a one-inch
caliper is prohibited in City Rights-of-Way and on any City-owned properties.
4. Special Conditions
Licensee’s operations shall be conducted in accordance with the highest industry standards and practices
and in a prudent and careful manner. Licensee further agrees to comply with the following minimum
conditions:
a. Licensee will notify the City Engineer or his designee, by calling the Planning and Development
Services Department at (979) 764-3570 at least three (3) business days before commencement of
testing operations (i.e. use of vibroseis equipment). Licensee will provide the City with the name,
address, email address, and telephone number of at least two (2) individuals who will be a 24-
hour emergency contact for the City.
b. Vibroseis equipment will be used to provide the source signal. Pentolite, dynamite, or any other
type of explosive is prohibited.
c. At each source point, vibroseis equipment will be set back a minimum of ten (10) feet from any
water, sanitary sewer, drainage, electric, gas, or any public infrastructure improvements as well as
350 feet from all water and irrigation wells. Additional setbacks may be required for sensitive
features, as necessary.
d. In order to protect water, sanitary sewer, drainage, electric, gas, and any public utility
infrastructure, as well as private property, in locations where testing will take place within 300
feet of residential, commercial, or any other type of sensitive structure, Licensee shall employ
qualified vibroseis technician(s) to utilize vibroseis equipment on the job to ensure vibration level
or peak particle velocity will not and does not exceed 0.35 inches per second and the frequency
shall not exceed the range of 8-90 hertz. If peak particle velocity or frequency levels are
exceeded, vibroseis technicians will notify the City Engineer and cease all operations until
corrections are made. Licensee will maintain all documentation of monitoring activities for a
period of at least two (2) years and make said documentation available upon request for
inspection by the City.
e. Receivers, e.g. geophones, may not be placed in City-owned roadway pavement, sidewalks, or
drainage culverts. The City Engineer or his designee, must approve of the specific location for
each receiver placed on City Rights-of-Way. Cables placed within rights of way must be
arranged so they do not create a hazardous condition. No cables shall cross roadways or
sidewalks and shall not be anchored in any way to the roadway. Bridges and drainage culverts
shall be the only method to cross roadways.
f. Licensee shall obtain water well, underground hazardous waste storage / disposal site, and water,
sewer, oil, gas, and chemical pipeline location maps and conduct all engineering calculations
necessary to confirm all operations meet standards established by the governing engineering
codes and criteria. Information obtained by the Licensee shall be used by the surveying teams
and operations manager to ensure compliance with the terms and conditions of this agreement and
that safe operating distances are maintained. Seismic Project Route Plan Sheets shall be
submitted with the application for this License Agreement, on 24x36 tax maps that identify all
utilities, streets, properties, the location of source points, and the location of receiver points. The
City will assist with the identification of City owned utilities.
g. All seismic survey operations shall be limited to the areas determined by the Seismic Project
Route Plan Sheets at a scale acceptable to the City Engineer.
h. The Licensee shall receive prior approval from the City Engineer or his designee, before any
variance from the Seismic Project Route Plan Sheet is made. The Licensee shall provide at least
three (3) business day’s notification allowing consideration and response for each request.
i. No road or lane closures shall be permitted, and there shall be no disruption in traffic for route
operations associated with this Permit. In the unforeseen event that traffic control becomes
necessary and is approved by the City Engineer, all costs shall be borne by the Licensee. Signs,
barricades, and flagmen (and/or off duty peace officers) must be maintained as necessary to
protect the traveling public in accordance with City and state standards, including the Texas
Manual on Uniform Traffic Control Devices. The operations shall not unreasonably interfere
with the flow of traffic. All geophones shall be on one side of the rights-of-way only, at any
given time, and must be as far from the road pavement as practical. Licensee shall comply with
the traffic control plan submitted to the City, identifying routes of vibroseis trucks as well as the
dates and times that testing will be conducted. The City may require modification of the dates
and times of testing to reduce or eliminate interference with schools, interference with public
events, or traffic congestion.
j. Licensee shall provide the City with a list of the types, weight, and specifications of vehicles to
be used in the seismic survey. Vibroseis trucks shall be of the mini-vibe category with the total
maximum loaded allowed truck weight limit of 17,000 lbs.
k. The Licensee shall be responsible to obtain permission, as required by law, from property owners
before entering upon or crossing private property. The Licensee must obtain written permission
from all private property owners whose property is used for receiver or source points. The
written permission shall be in a format that is acceptable to the City.
l. The Licensee shall maintain a daily log of energy source tests performed by qualified vibroseis
technicians showing date, location, energy source used, drive level, operator, and all other related
information including seismic and pre- and post-test survey. A copy of the log and survey
covering the entire test area, within City limits, will be provided to the City no later than thirty
(30) days after testing is complete. Licensee will maintain all documentation of monitoring
activities for a period of at least two (2) years and make said documentation available upon
request for inspection by the City.
m. The Licensee shall place newspaper advertisements in the official newspaper of the City of not
less than three (3) inches by four (4) inches explaining the work to be performed, the location of
the proposed work, and a toll-free telephone number where residents may call for more
information. Said advertisements shall be placed continuously during the two-week period
immediately before actual operations commence in the testing area. The toll-free telephone
number provided by the applicant shall be answered during hours of operation while work is
ongoing in the City, and an answering machine shall be installed to receive after -hour calls. The
City shall review and approve the advertisement prior to publication by the Licensee.
Advertisement cost will be at the expense of the Licensee. Licensee shall also provide the City
with a name, address, email address, and telephone number of a point of contact for the public
and the media.
n. Although sources points are prohibited in City Rights-of-Way, Licensee shall restore all City
streets, roads, sidewalks, public infrastructure, or other property to their original condition, free
from any damage, including, but not limited to, any ruts or injury to vegetation, during or at the
close of operations. Licensee shall repair, or compensate the City for the full cost of repairing,
any City streets, roads, water lines, sanitary sewer infrastructure, electrical infrastructure, or other
public infrastructure damaged by Licensee in the course of the seismic survey. All debris, stakes,
and flagging generated in connection with the seismic survey shall be removed by Licensee as
quickly as reasonably possible and damage to City infrastructure shall be repaired, if reasonably
practicable, prior to any further seismic testing. Any costs incurred by the City, including the
cost of the time spent by City employees, relating to damage caused by the seismic surve y shall
be paid by Licensee within thirty (30) days of invoice or drawn from the security instrument
required by this License Agreement.
o. Wet weather, flood, or soil conditions may prohibit access to public or private property by
Licensee. The City’s City Engineer may temporarily halt seismic survey operations when
conditions so require. The City’s City Engineer may require the installation of erosion control
measures if the Licensee disturbs the existing condition of public property. Licensee may not
track mud or debris onto City streets, sidewalks, or rights of way and the City may require the
Licensee to clean up after Licensee’s violation of this provision.
p. Water holding facilities, dams, levees, water control structures, creeks, sloughs, tanks, or springs
may not be disturbed or altered.
q. The City may require reasonable alternatives to disturbance in high resource value areas. All
precautions, including consultation with the City Engineer, shall be taken to avoid disturbance of
fish, wildlife, endangered or critical plant resources during seismic survey operations. Particular
caution shall be taken to avoid and protect sensitive habitats, such as wetlands and bottomland
hardwoods. Activities affecting these species and habitats may require coordina tion with other
state and federal agencies.
r. The applicant shall notify the City's City Engineer or designee, within three (3) business days
after the occurrence of any violation of these permit requirements.
s. Licensee is responsible for and shall settle all reasonable and legitimate claims, demands, and
causes of action relating to property or persons arising out of, or as a result of, Licensee’s
operations under this Agreement and shall handle all such claims in an expedient manner.
t. Testing may only be conducted from 8:00 a.m. to 8:00 p.m. (Central Time), on Monday through
Friday, and from 10:00 a.m. to 8:00 p.m. on Saturday, and 1:00 p.m. to 7:00 p.m. on Sunday.
City Engineer may notify Licensee of specific dates or times when special event s require testing
to cease temporarily.
u. Licensee shall furnish to the City Engineer a schedule of each week’s operations plans.
5. Indemnification
LICENSEE, ON BEHALF OF ITSELF, ITS AGENTS, EMPLOYEES,
CONTRACTORS, SUCCESSORS AND ASSIGNS, CONTRACTS TO INDEMNIFY,
HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, VOLUNTEERS, CONSULTANTS, AND CONTRACTORS FROM
AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, COSTS,
DAMAGES, DEMANDS, JUDGMENTS, CAUSES OF ACTION, SUITS, AND
LIABILITY IN TORT, CONTRACT OR ANY OTHER BASIS OF EVERY KIND AND
CHARACTER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ALL
REASONABLE COSTS OF DEFENSE, SUCH AS FEES AND CHARGES OF
ATTORNEYS, INCLUDING THE TIME OF CITY ATTORNEYS, EXPERT
WITNESSES, AND OTHER PROFESSIONALS INCURRED BY THE CITY FOR
INJURY TO OR DEATH OF ANY PERSON OR FOR DAMAGE TO ANY PROPERTY
ARISING OUT OF OR IN CONNECTION WITH THE WORK DONE BY THE
LICENSEE UNDER THIS LICENSE AGREEMENT. SUCH INDEMNITY SHALL
APPLY REGARDLESS OF WHETHER THE CLAIMS, LOSSES, DAMAGES,
CAUSES OF ACTION, SUITS, OR LIABILITY ARISE IN WHOLE OR IN PART
FROM THE NEGLIGENCE OF THE CITY, ANY OTHER PARTY INDEMNIFIED
HEREUNDER, THE LICENSEE, OR ANY THIRD PARTY.
6. Release
THE LICENSEE ASSUMES FULL RESPONSIBILITY FOR THE WORK TO BE
PERFORMED HEREUNDER AND HEREBY RELEASES, RELINQUISHES, AND
DISCHARGES THE CITY, ITS OFFICERS, AGENTS, VOLUNTEERS, AND
EMPLOYEES FROM ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION OF
EVERY KIND AND CHARACTER, INCLUDING THE COST OF DEFENSE
THEREOF, FOR ANY INJURY TO OR DEATH OF ANY PERSON AND ANY LOSS
OF OR DAMAGE TO ANY PROPERTY THAT IS CAUSED BY, ALLEGED TO BE
CAUSED BY, ARISING OUT OF, OR IN CONNECTION WITH THE LICENSEE'S
WORK TO BE PERFORMED HEREUNDER. THIS RELEASE SHALL APPLY
REGARDLESS OF WHETHER SAID CLAIMS, DEMANDS, AND CAUSES OF
ACTION ARE COVERED IN WHOLE OR IN PART BY INSURANCE AND
REGARDLESS OF WHETHER SUCH INJURY, DEATH, LOSS, OR DAMAGE WAS
CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE CITY, ANY
OTHER PARTY RELEASED HEREUNDER, THE LICENSEE, OR ANY THIRD
PARTY.
a. Licensee further acknowledges: that the City has not made any independent investigation or
verification of information regarding subsurface structures and facilities furnished to Licensee
and makes no representation or warranties as to the accuracy or completeness of such
information. Licensee expressly acknowledges that the City makes no warranty or representation,
express or implied or arising by operation of law, including but not limited to; any warranty of
fitness for a particular use or purpose of such subsurface information.
b. Licensee will secure Waivers of City Liability from private property owners whose property will
be used as a source point for seismic testing before seismic survey operations shall be permitted
on the respective private properties within the City limits boundaries. The waivers shall be in a
standard form pre-approved by the City.
7. Insurance and Security
a. Licensee will provide insurance as required by Exhibit “A” “Insurance Requirements”. Control
of Well and Environmental Pollution Liability insurance will not be required. Prior to conducting
the seismic survey, Licensee will deliver to the City a certificate of insurance evidencing the
insurance and naming the City as an additional insured.
b. Licensee shall provide a security instrument that secures Licensee’s obligations under this
License Agreement including the obligation to repair or compensate the City for the cost of
repairing damage to City streets, sidewalks, rights of way, easements, water/sanitary
sewer/electric infrastructure, or other public property or infrastructure damage caused by
Licensee in the course of conducting the seismic survey. The security instrument may be in the
form of cash or an irrevocable letter of credit issued by a bank or surety approved by the City. A
certificate of deposit may be substituted for the letter of credit. Any certificate shall be issued by
a bank approved by the City, payable to the order of the City to secure the obligations described
above, and shall be pledged to the bank with evidence of delivery provided to the City. Interest
on the certificate shall be payable to Licensee. The amount of the security instrument shall be
one hundred thousand U.S. Dollars ($100,000.00). If in the reasonable determination of the
City’s City Engineer the cost of repairing damage to City infrastructure exceeds the amount of
such security, the City Engineer may suspend the license and halt Licensee’s seismic survey
operations until Licensee increases the amount of security to fully cover the amount of any
current or reasonably anticipated future damages. The security shall not be released until the City
Engineer determines that any damage caused by Licensee has been satisfactorily repaired and/or
paid for.
8. No Waiver
Nothing in this License Agreement is intended or should be construed as absolving Licensee of any legal
claim for damage City may be entitled to assert resulting from negligence or wrongful conduct of
Licensee, or its agents, employees, or subcontractors. No express or implied waiver of any claim is
intended.
9. Miscellaneous
a. Ownership. The City makes no warranty as to ownership of either the mineral estate or the
surface estate for the locations used for surveys. Licensee assumes all responsibility for
determining and acquiring permission to conduct its operations from the necessary parties.
b. Compliance with Law. Licensee shall comply with all federal, state, and local laws, rules, or
regulations that are applicable to its seismic survey operations.
c. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable
under present or future laws effective while this Agreement is in effect, such provision shall be
automatically deleted from this Agreement and the legality, validity and enforceability of the
remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted
provision, there shall be added as part of this Agreement a provision tha t is legal, valid and
enforceable and that is as similar as possible in terms and substance as possible to the deleted
provision.
d. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of
the State of Texas and the obligations of the parties created hereunder are performable by the
parties in the City of College Station, Texas. Venue for any litigation arising under this
Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas.
e. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto
respecting the subject matter covered by this Agreement, and supersedes any prior understandings
or written or oral agreements between the parties.
f. Amendments. No amendment, modification, or alteration of the terms hereof shall be binding
unless the same shall be in writing and dated subsequent to the date hereof and duly executed by
the parties hereto.
g. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are
cumulative and the use of any one right or remedy by either party shall not preclude or waive its
right to use any and all other legal remedies. Said rights and remedies are provided in addition to
any other rights the parties may have by law, statute, ordinance or otherwise.
h. No Waiver. City’s failure to take action to enforce this Agreement in the event of Licensee’s
default or breach of any covenant, condition, or stipulation herein on one occasion shall not be
treated as a waiver and shall not prevent City from taking action to enforce this Agreement on
subsequent occasions.
i. Notices. City and Licensee hereby designate the following individuals to receive any notices
required to be submitted pursuant to the terms of this Agreement:
CITY LICENSEE
City of College Station, City Manager ________________________________
P.O. Box 9960 ________________________________
College Station, Texas 77842 ________________________________
j. Incorporation of Recitals. The determinations recited and declared in the preambles to this
Agreement are hereby incorporated herein as part of this Agreement.
k. Additional Terms and Conditions. Additional terms and conditions may be attached, before
execution, as an exhibit to this Agreement.
l. Incorporation of Exhibits. All exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
m. Headings. The paragraph headings contained in this Agreement are for convenience only and do
not enlarge or limit the scope or meaning of the paragraphs.
n. Gender and Number. Words of any gender used in this Contract shall be held and construed to
include any other gender, and words in the singular number shall be held to include the plural and
vice versa, unless the context requires otherwise.
List of Attached Exhibits:
Exhibit “A” – Insurance Requirements
Exhibit “B” – Licensee’s Certificates of Insurance
Exhibit “C” – Seismic Project Route Plan Sheets
Exhibit “D” – Additional Terms and Conditions (if any)
[Licensee] CITY OF COLLEGE STATION
By: By:
Printed Name: City Manager
Title: Director Date:________________
Date:
APPROVED:
City Attorney
Date:_____________
Assistant City Manager/CFO
Date:_____________
Exhibit “A”
INSURANCE REQUIREMENTS
During the term of this Agreement Licensee’s insurance policies shall meet the following
requirements:
I. Standard Insurance Policies Required:
A. Commercial General Liability
B. Business Automobile Liability
C. Umbrella / Excess Liability
D. Workers' Compensation
II. General Requirements Applicable to All Policies:
A. Only Insurance Carriers licensed and admitted to do business in the State of Texas
will be accepted.
B. Deductibles shall be listed on the Certificate of Insurance and are acceptable only
on a per occurrence basis for property damage only.
C. "Claims Made" policies are not accepted.
D. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled, reduced in coverage or in limits except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been
given to the City of College Station.
E Upon request, certified copies of all insurance policies shall be furnished to the
City of College Station.
F. The City of College Station, its officials, employees and volunteers, are to be
named as “Additional Insured” to the Commercial General, Umbrella and
Business Automobile Liability policies. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its officials, employees
or volunteers.
III. Commercial General Liability
A. General Liability insurance shall be written by a carrier with a “A:VIII” or better
rating in accordance with the current Best Key Rating Guide.
B. Limit of $1,000,000.00 per occurrence for bodily injury and property damage
with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to
be per Project.
C. Coverage shall be at least as broad as ISO form GC 00 01.
D. No coverage shall be excluded from the standard policy without notification of
individual exclusions being attached for review and acceptance.
E. The coverage shall include but not be limited to the following:
premises/operations with separate aggregate; independent contracts;
products/completed operations; contractual liability (insuring the indemnity
provided herein) Host Liquor Liability, Personal & Advertising Liability; and
Explosion, Collapse, and Underground coverage.
IV. Business Automobile Liability
A. Business Automobile Liability insurance shall be written by a carrier with a
“A:VIII” or better rating in accordance with the current Best Key Rating Guide.
B. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily
injury and property damage.
C. Coverage shall be at least as broad as Insurance Service’s Office Number CA 00
01.
D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of
the liability section in Item 2 of the declarations page.
E. The coverage shall include owned autos, leased or rented autos, non-owned autos,
any autos and hired autos.
F. Pollution Liability coverage shall be provided by endorsement MCS-90, with a
limit of $1,000,000.00.
V. Excess Liability
Umbrella form excess liability coverage following the form of the underlying coverage
with a minimum limit of $5,000,000.00 or the total value of the contract, whichever is
greater, per occurrence/aggregate when combined with the lowest primary liability
coverage, is required for contracts exceeding $1,000,000 in total value.
VI. Those policies set forth in Paragraphs III, IV, and V shall contain an endorsement naming
the City as Additional Insured and further providing that the Licensee’s policies are
primary to any self-insurance or insurance policies procured by the City. The additional
insured endorsement shall be in a form at least as broad as ISO form GC 2026. Waiver
of subrogation in a form at least as broad as ISO form 2404 shall be provided in favor of
the City on all policies obtained by the Licensee in compliance with the terms of this
Agreement. Licensee shall be responsible for all deductibles which may exist on any
policies obtained in compliance with the terms of this Agreement. All coverage for
subcontractors shall be subject to the requirements stated herein. All Certificates of
Insurance and endorsements shall be furnished to the City’s Representative at the time of
execution of this Agreement, attached hereto as Exhibit B, and approved by the City
before work commences.
VII. Workers Compensation Insurance
A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas
Administrative Code, all employees of the Licensee, all employees of any and all
subcontractors, and all other persons providing services on the Project must be
covered by a workers compensation insurance policy: either directly through
their employer’s policy (the Licensee’s or subcontractor’s policy) or through an
executed coverage agreement on an approved Texas Department of Insurance
Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor
does not have his or her own policy and a coverage agreement is used, contractors
and subcontractors must use that portion of the form whereby the hiring
contractor agrees to provide coverage to the employees of the subcontractor. The
portion of the form that would otherwise allow them not to provide coverage for
the employees of an independent contractor may not be used.
B. Workers compensation insurance shall include the following terms:
1. Employer’s Liability minimum limits of $1,000,000.00 for each
accident/each disease/each employee are required.
2. “Texas Waiver of Our Right to Recover From Others Endorsement, WC
42 03 04” shall be included in this policy.
3. Texas must appear in Item 3A of the Workers Compensation coverage or
Item 3C must contain the following: All States except those listed in Item
3A and the States of NV, ND, OH, WA, WV, and WY.
C. Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas
Administrative Code, the bid specifications, this Agreement, and all subcontracts
on this Project must include the following terms and conditions in the following
language, without any additional words or changes, except those required to
accommodate the specific document in which they are contained or to impose
stricter standards of documentation:
D. Definitions:
Certificate of coverage (“certificate”) – An original certificate of insurance, a
certificate of authority to self-insure issued by the Division of Workers
Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84),
showing statutory workers’ compensation insurance coverage for the person's or
entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the Licensee’s/person’s work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project (“subcontractors” in § 406.096 [of the
Texas Labor Code]) - includes all persons or entities performing all or part of the
services the Licensee has undertaken to perform on the project, regardless of
whether that person contracted directly with the Licensee and regardless of
whether that person has employees. This includes, without limitation,
independent Contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. “Services” include, without
limitation, providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to a project. “Services” does not
include activities unrelated to the project, such as food/beverage vendors, office
supply deliveries, and delivery of portable toilets.
E. The Licensee shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Licensee providing services on the project, for the duration of
the project.
F. The Licensee must provide a certificate of coverage to the governmental entity
prior to beginning work.
G. If the coverage period shown on the Licensee’s current certificate of coverage
ends during the duration of the project, the Licensee must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
H. The Licensee shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
(2) no later than seven calendar days after receipt by the Licensee, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
I. The Licensee shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
J. The Licensee shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 calendar days after the Licensee knew or should have
known, or any change that materially affects the provision of coverage of any
person providing services on the project.
K. The Licensee shall post on each project site a notice, in the text, form and manner
prescribed by the Division of Workers Compensation, informing all persons
providing services on the project that they are required to be covered, and stating
how a person may verify coverage and report lack of coverage.
L. The Licensee shall contractually require each person with whom it contracts to
provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
of its employees providing services on the project, for the duration of the
project;
(2) provide to the Licensee, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
(3) provide the Licensee, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
Licensee:
(a) A certificate of coverage, prior to the other person beginning work
on the project; and
(b) A new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown on
the current certificate of coverage ends during the duration of the
project;
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal
delivery, within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of coverage of
any person providing services on the project; and
(7) Contractually require each person with whom it contracts to perform as
required by paragraphs (a) - (g), with the certificates of coverage to be
provided to the person for whom they are providing services.
M. By signing this contract, or providing, or causing to be provided a certificate of
coverage, the Licensee is representing to the governmental entity that all
employees of the Licensee who will provide services on the project will be
covered by workers’ compensation coverage for the duration of the project; that
the coverage will be based on proper reporting of classification codes and payroll
amounts; and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the Commission’s Division
of Self-Insurance Regulation. Providing false or misleading information may
subject the Licensee to administrative penalties, criminal penalties, civil penal-
ties, or other civil actions.
N. The Licensee’s failure to comply with any of these provisions is a breach of
contract by the Licensee that entitles the governmental entity to declare the
contract void if the Licensee does not remedy the breach within ten calendar days
after receipt of notice of breach from the governmental entity.”
VIII. Certificates of Insurance shall be prepared and executed by the insurance company or its
authorized agent, and shall contain the following provisions and warranties:
A. The company is licensed and admitted to do business in the State of Texas.
B. The insurance policies provided by the insurance company are underwritten on
forms that have been provided by the Texas State Board of Insurance or ISO.
C. All endorsements and insurance coverages according to requirements and
instructions contained herein.
D. The form of the notice of cancellation, termination, or change in coverage
provisions to the City of College Station.
E. Original endorsements affecting coverage required by this section shall be
furnished with the certificates of insurance.
Exhibit “B”
LICENSEE’S CERTIFICATES OF INSURANCE
Exhibit “C”
SEISMIC PROJECT ROUTE PLAN SHEETS
Exhibit “D”
ADDITIONAL TERMS AND CONDITIONS
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, AMENDING RESOLUTION NO. 08-27-09-02 ADOPTED ON AUGUST 27, 2009,
SETTING FEES ESTABLISHED IN CHAPTER 14 “SERVICE FEES”, FOR THE ISSUANCE
OF SEISMIC SURVEY PERMITS.
WHEREAS, on August 27, 2009, the City Council adopted by Resolution No. 08-27-09-02,
Exhibit B, which contained a fee schedule establishing fees to be paid for services related to
development in the City effective October 1, 2010; and
WHEREAS, the City Council of the City of College Station, Texas, desires to amend Resolution
No. 08-27-09-02, Exhibit B, to set fees established in Chapter 14 “Service Fees”, for the issuance
of seismic survey permits, as provided in Exhibit “A” herein; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby amends Resolution No. 08-27-09-02, Exhibit
B, to set those fees established in Chapter 14 “Service Fees”, for the issuance of
seismic survey permits.
PART 2: That the additional fees described above are as set out in Exhibit “A” herein.
PART 3: That all other provisions contained in Resolution No. 08-27-09-02 shall remain in
full force and effect.
PART 4: That said additional fees provided for in Exhibit “A” shall take effect on May 22,
2014.
ADOPTED this 12th day of May, A.D. 2014.
ATTEST: APPROVED:
______________________________ _________________________________
City Secretary Mayor
APPROVED:
_______________________________
City Attorney
RESOLUTION NO. ________ Page 2
Exhibit “A”
Case Type
Fee Effective
May 22, 2014
Seismic Survey Permit $5,000