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HomeMy WebLinkAbout02/26/2015 - Regular Agenda Packet - City CouncilCity Council Regular College Station, TX Meeting Agenda - Final City Hall 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers7:00 PMThursday, February 26, 2015 1. Pledge of Allegiance, Invocation, Consider absence request. Presentation: - Recognition of Cub Scout Pack 802 on the occasion of their 78th birthday. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. Presentation, possible action, and discussion of minutes for: · February 12, 2015 Workshop · February 12, 2015 Regular Council Meeting 15-00972a. Sponsors:Mashburn WKSHP021215 DRAFT Minutes.docx RM021215 DRAFT Minutes.docx Attachments: Presentation, possible action, and discussion regarding approval of a Resolution that will authorize the City Attorney to condemn easements needed for the Bee Creek Sanitary Sewer Phase II project. 14-8572b. Sponsors:Harmon and Coleman Page 1 College Station, TX Printed on 2/20/2015 February 26, 2015City Council Regular Meeting Agenda - Final Resolution - Condemnation for Bee Creek Parallel Trunk Line Ph II 11-24-2014.docx Bee Creek Map.pdf Attachments: Presentation, possible action, and discussion on the consideration of an ordinance amending Chapter 11 "Utilities", Section 11-7 "Municipal Drainage Utility System ", Part C "Rates", of the Code of Ordinances of the City of College Station, Texas, as set out below; providing a severability clause; declaring a penalty; and providing an effective date. 14-9202c. Sponsors:Harmon 2008 resolution no. 11-24-08-01- RA#1.pdf Current Sec. 11-7 - Drainage Fee Ordinance.pdf Ordinance Ch 11-7 Changes 02-26-2015.docx Attachments: Presentation, possible action and discussion regarding the approval of a Joint Use Agreement for Right -of-Way and Utility Easements between the City of College Station and Wellborn Special Utility District regarding the section of Barron Road from Victoria Avenue to FM 2154. 14-9212d. Sponsors:Harmon Wellborn Water Joint Use Agreement Map.pdf Joint Use Agreement.pdf Attachments: Presentation, possible action, and discussion regarding the College Station ISD Natatorium Use FY14 financial true-up, in the amount of $61,739.92 to be paid from the City of College Station to the College Station ISD for the FY14 use of the CSISD Natatorium. 15-00582e. Sponsors:Schmitz CSISD Natatorium FY14 true-up.pdf 2009 CSISD ILA Fully Executed.pdf Attachments: Presentation, possible action, and discussion regarding the Fun for All Playground donor recognition and naming rights. 15-00612f. Sponsors:Schmitz NAMING OF CITY FACILITIES AND SUB-FACILITIES APPROVED.docx Fun For All Donor Recog. & Naming Rts.docx Attachments: Presentation, possible action, and discussion regarding ratification of a cost increase (from $74,166 to $131,157.83) to the purchase order with Alfa Laval, Inc. to overhaul the centrifuge at the Carters Creek wastewater treatment plant, and approval of a cost increase (from $23,000 to $67,000) for rental of a belt press unit. 15-00642g. Sponsors:Coleman Page 2 College Station, TX Printed on 2/20/2015 February 26, 2015City Council Regular Meeting Agenda - Final Quote.pdfAttachments: Presentation, possible action, and discussion on the consideration of an ordinance amending Chapter 10, “Traffic Code”, Section 2 “Traffic Control Devices”, C “Four-Way Stop Intersections ”, Traffic Schedule II - “Four-Way Stop Intersections”, of the Code of Ordinances of the City of College Station, Texas, by implementing an all-way stop control intersection at the intersection of Victoria Avenue and Eagle Avenue. 15-00662h. Sponsors:Harmon 4-Way Stop Sign Ord Map - Victoria @ Eagle.pdf 4-Way Stop Sign Ord - Victoria @ Eagle.docx Attachments: Presentation, possible action and discussion regarding the annual traffic contact report required annually by Senate Bill 1074, of the Texas 77th legislative session. 15-00742i. Sponsors:McCollum Cover Letter.docx Summary.docx Attachments: Presentation, possible action and discussion of a Resolution expressing support of proposed bracketed legislation amending Section 351 of the State of Texas Tax Code, relating to the allocation of municipal hotel occupancy tax (HOT) revenue in certain municipalities, which bracket includes the Cities of Bryan and College Station, Texas. 15-00892j. Sponsors:City Manager's Office Resolution.docx 02242015_HOT_Legislation.pdf HOT Tax Legislation Attachments: Presentation, possible action and discussion regarding a Traffic System Signal Integration Services Agreement with Iteris Inc. to purchase services, equipment and maintenance of hardware and software associated with the first year of the implementation plan . The total cost of this agreement is not too exceed $971,262. 15-00672k. Sponsors:Rother Iteris Contract.pdfAttachments: Presentation, possible action, and discussion regarding a Resolution changing the name of Raintree Park to Art and Myra Bright Park. 15-00982l. Sponsors:Schmitz Page 3 College Station, TX Printed on 2/20/2015 February 26, 2015City Council Regular Meeting Agenda - Final NAMING OF CITY FACILITIES AND SUB-FACILITIES APPROVED.docx Art and Myra Bright Park FINAL.docx Raintree ReNaming Resolution.docx Attachments: Regular Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Regular Agenda Item. Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor's announcement to open the public hearing.· The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. 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 R Rural to SC Suburban Commercial for approximately 1.06 acres and NAP Natural Areas Protected for approximately 1.62 acres for the property being a portion of a called 2.68 acre tract in the Robert Stevenson Survey, Abstract No. 54 as described by a deed to Hai T. Le recorded in Volume 12249, Page 127 of the Official Public Record of Brazos County, Texas. Case #14-00900239 (M.Bombek) 15-00651. Sponsors:Bombek Background Sam and Aerial Ordinance.docx Attachments: Page 4 College Station, TX Printed on 2/20/2015 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0097 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:2/13/2015 City Council Regular On agenda:Final action:2/26/2015 Title:Presentation, possible action, and discussion of minutes for: ·February 12, 2015 Workshop ·February 12, 2015 Regular Council Meeting Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:WKSHP021215 DRAFT Minutes.pdf RM021215 DRAFT Minutes.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: · February 12, 2015 Workshop · February 12, 2015 Regular Council Meeting Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: College Station, TX Printed on 2/20/2015Page 1 of 1 powered by Legistar™ WKSHP021215Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION FEBRUARY 12, 2015 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham City Staff: Kelly Templin, City Manager Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Berry at 4:30 p.m. on Thursday, February 12, 2015 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 4:30 p.m. on Thursday, February 12, 2015 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: WKSHP021215Minutes Page 2  Patricia Kahlden, individ. and as rep. of the Estate of Lillie May Williams Bayless v. Laura Sue Streigler, City of College Station and James Steven Elk ins, No. 11-003172- CV-272, in the 272nd District Court of Brazos County, TX  Cause No. 13-002978-CV-361, Deluxe Burger Bar of College Station, Inc. D/B/A Café Eccell v. Asset Plus Realty Corporation, City of College Station, Texas and the Research Valley Partnership, Inc., In the 361st Judicial District Court, Brazos County, Texas  Margaret L. Cannon v. Deputy Melvin Bowser, Officer Bobby Williams, Officer Tristan Lopez, Mr. Mike Formicella, Ms. Connie Spence, Cause No. 13 002189 CV 272, In the 272nd District Court of Brazos County, Texas  Bobby Trant v. BVSWMA, Inc., Cause No. 33014, In the District Court, Grimes County, Texas, 12th Judicial District  Robyn Taylor, et al vs. Boomfit, Carlos Lima and Alicia Lima and Lincoln Recreational Center, Cause No. 13 003118 CV 85, In the 85th District Court of Brazos County, Texas  Juliao v. City of College Station, Cause No. 14-002168-CV-272, in the 272nd District Court of Brazos County, Texas B. Deliberation on offers of financial or other incentives for a business prospect that the Council seeks to have locate, stay or expand in or near the city; to wit:  Economic incentives for a proposed development located in the College Station Medical District The Executive Session adjourned at 5:30 p.m. 3. Take action, if any, on Executive Session. No action was required from Executive Session. 4. Presentation, possible action, and discussion on items listed on the consent agenda. Items 2d and 2e were pulled for clarification. (2d): David Schmidt, Director of Parks and Recreation, explained the Agreement for Services with the Brazos Valley Softball Umpires Association. (2e): David Schmidt, Director of Parks and Recreation, clarified why the bids were rejected. The cost for the new equipment will be less than the lowest bid. 5. Presentation, possible action and discussion on a proposal from the Brazos Central Appraisal District for the acquisition of land and construction of a building for the Appraisal District. Jeff Kersten, Assistant City Manager, introduced Mark Price, Chief Appraiser; Bill Lero, Chairman of the Board of Directors, and Ron Kaiser, Council appointee to the Board. Ron Kaiser, College Station board appointee, introduced Bill Lero. WKSHP021215Minutes Page 3 Bill Lero, Chairman of the Board of Directors, noted they are funded by the five entities. They are looking at building a new facility and began the process ten years ago. Numerous studies and site studies have been done. Their goals include: the location must be accessible; must be close to the tax office for citizen convenience; they’ve been renting for 25 years, and it is time to build up equity for the entities. They have tried to be conservative in their plans. The current needs that need to be addressed include: more restrooms; public space; and the IT infrastructure is antiquated. They anticipate that the Appraisal Review Board will grow to two panels and meeting space is needed. The proposed fiscal impact to College S tation would increase $10,000-$11,000 per year. The proposal must be approved by three fourths of the taxing units in order to move forward. The Board is removing their item from the agenda tonight, and they are going to do more work on the proposal. 6. Presentation from The Research Valley Partnership to provide an update on the evolving economic development relationship with government and industry representatives from Belgium. Following the presentation, the City Council will view a special KBTX-TV documentary that recaps the recent economic development mission trip to Belgium and the grand opening of the Texas Aggies Go to War exhibit in Bastogne. John Clark and Todd McDaniel, with the Research Valley Partnership, presented a guided tour of the Belgium Economic Mission. The Council viewed a special KBTX-TV documentary recapping the recent economic development mission trip to Belgium and the grand opening of the Texas Aggies Go to War exhibit in Bastogne. 7. Council Calendar Council reviewed the calendar. 8. Presentation, possible action, and discussion on future agenda items: a Councilmember may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any delibe ration shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Mooney asked that Safety City be added to a future city. Councilmember Schultz asked that the Arts Council and CVB provide the Council with th eir vision after the trip to Bastogne. Councilmember Aldrich asked that the Aggies Go To War taskforce join in and be presented when there is more substance. He also recommended that the Sister Cities organization and the City of Bryan be included. Councilmember V=Brick asked to have an update on mass transit. 9. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Arts Council Sub-committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget WKSHP021215Minutes Page 4 and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Convention & Visitors Bureau, Design Review Board, Economic Development Committee, Gigabit Broadband Initiative, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Partnership, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Twin City Endowment, Youth Advisory Council, Zoning Board of Adjustments. Mayor Berry reported on the Twin City Endowment Fund and the Council of Governments. Councilmember Aldrich reported on his meeting with Chris Dyer with the Arts Council. Councilmember Brick reported on the Bicycle, Pedestrian and Greenway Committee. Councilmember Mooney reported on the CVB. Councilmember Schultz reported on the Austin trip with the Chamber of Commerce. 10. Adjournment MOTION: There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 7:26 p.m. on Thursday, February 12, 2015. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM021215 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION FEBRUARY 12, 2015 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham 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 7:34 p.m. on Thursday, February 12, 2015 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. Tanya McNutt was recognized for achieving her certification from the Texas Municipal Clerks Certification Program. Her mother, Linda Smart, presented her with the Texas Municipal Clerks pin, and flowers were presented by her daughter, Morgan. Mayor Berry presented Tanya with a framed letter. Citizen Comments Ben Roper, 5449 Prairie Dawn Ct, came before Council to honor the service and sacrifice of Captain Shawn Patrick Simms. RM021215 Minutes Page 2 CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  January 22, 2015 Workshop  January 22, 2015 Regular Council Meeting 2b. Presentation, possible action, and discussion on the purchase of 30,000 rounds of 5.56 mm 56 grain TSX ammunition ($32,370) and 80,000 rounds of Ruag .223 55 grain FMJ ammunition ($32,000) from Black Hills Ammunition Company (Rapid City, SD) for a total amount of $64,370. 2c. Presentation, possible action, and discussion on the purchase of training, simmunition, and on duty ammunition from G.T. Distributors (Austin, TX) for a total amount of $71,728.22. 2d. Presentation, possible action, and discussion regarding the second renewal of an Agreement for Services with the Brazos Valley Softball Umpires Association to provide officiating services for City athletic leagues, programs and tournaments in an amount not to exceed $190,000 per year. 2e. Presentation, possible action, and discussion on rejecting all bids for swing set repair and site work at Bee Creek and Thomas Park (Bid #14-068). 2f. Presentation, possible action, and discussion regarding the approval of separate contracts with Milsoft Utility Solutions and with Partner Software, in the amounts of $132,450 and $26,000 respectively, for the purchase and installation of a Geographic Information System and a Design and Project Management System. 2g. Presentation, possible action and discussion regarding the award of a three year contract (contract no. 15-063; bid no. 15-014) for Electric System Right-of-Way Clearing and Tree Trimming to All Around Tree Service, Inc. in the amount of $1,279,137.58. 2h. Presentation, possible action, and discussion on approving an annual price agreement for the purchase of auto parts, shop equipment and services from NAPA Auto Parts (College Station, TX) through the Purchasing Solutions Alliance (PSA) contract for the amount of $80,000. 2i. Presentation, possible action and discussion on Resolution 02-12-15-2i, revising the City’s Investment Policy that was approved by Resolution 10-20-14-2e to include a section allowing the use of certain investments related to the City’s Municipal Utility. 2j. Presentation, possible action, and discussion on a resolution by the City of College Station approving the purchase of property and construction of a new office building by the Brazos Central Appraisal District. Item 2j was pulled from the Consent Agenda and was not considered. RM021215 Minutes Page 3 MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less item 2j. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion approving Ordinance 2015- 3633, vacating and abandoning a 4324 square foot public utility easement, which is located on the common property line of Lots 13 & 14 of Block 3 of the Williams Creek Subdivision Phase 3 according to the plat recorded in Volume 7249, Page 292 of the Deed Records of Brazos County, Texas. Carol Cotter, Assistant City Engineer, reported that the public utility easement abandonment will accommodate future development of tract. She noted there are no public or private utilities in the subject portion of the easement to be abandoned. At approximately 7:50 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:50 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Aldrich, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2015- 3633, vacating and abandoning a 4324 square foot public utility easement, which is located on the common property line of Lots 13 & 14 of Block 3 of the Williams Creek Subdivision Phase 3 according to the plat recorded in Volume 7249, Page 292 of the Deed Records of Brazos County, Texas. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion approving Ordinance 2015- 3634, vacating and abandoning a 2110 square foot public utility easement, which is located on the common property line of Lots 2R-A & 3R-A of Block 5 of the Greens Prairie Center Phase 2A according to the plat recorded in Volume 11660, Page 140 of the Deed Records of Brazos County, Texas. Carol Cotter Assistant City Engineer, reported that the public utility easement abandonment will accommodate future development of tract. She noted there are no public or private utilities in the subject portion of the easement to be abandoned. At approximately 7:52 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:52 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2015- 3634, vacating and abandoning a 2110 square foot public utility easement, which is located on the common property line of Lots 2R-A & 3R-A of Block 5 of the Greens Prairie Center Phase 2A according to the plat recorded in Volume 11660, Page 140 of the Deed Records of Brazos County, Texas. The motion carried unanimously. RM021215 Minutes Page 4 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015- 3635, 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 amending the PDD Planned Development District for approximately 30 acres for the property situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, being 3.508-acre and 4.911-acre portions of the remainder of a called 108.88-acre tract as described by a deed to Heath Phillips Investments, LLC recorded in Volume 9627, Page 73 of the Official Records of Brazos County, Texas, a 8.651-acre portion of a called 29.869-acre tract as described by a deed to Heath Phillips Investments, LLC recorded in Volume 11623, Page 227 of the Official Records of Brazos County, Texas, and a 12.939-acre tract being portions of the remainder of a called 108.88-acre tract as described by a deed to Heath Phillips Investments, LLC recorded in Volume 9627, Page 73 of the Official Records of Brazos County, Texas and a called 29.869-acre tract as described by a deed to Heath Phillips Investments, LLC recorded in Volume 11623, Page 227 of the Official Records of Brazos County, Texas, generally located at the northeast, northwest, southeast and southwest corners of The Barracks II Subdivision between Old Wellborn Road and Holleman Drive South by amending the concept plan and uses for said district. Councilmember Schultz recused herself from this item. Jason Schubert, Planning and Development, reported that this rezoning request is for approximately 30 acres of the existing PDD Planned Development District to revise the Concept Plan and associated uses by adding more townhouse areas. The rezoning request consists of four separate tracts of 3.508 acres, 4.911 acres, 8.651 acres, and 12.939 acres in the northeast, northwest, southeast and southwest corners of the development. The Planning and Zoning Commission considered this item at their January 15, 2015 meeting and unanimously recommended approval. Staff also recommends approval. At approximately 8:09 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:09 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz recusing herself, to adopt Ordinance 2015-3635, 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 amending the PDD Planned Development District for approximately 30 acres for the property situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, being 3.508-acre and 4.911-acre portions of the remainder of a called 108.88-acre tract as described by a deed to Heath Phillips Investments, LLC recorded in Volume 9627, Page 73 of the Official Records of Brazos County, Texas, a 8.651-acre portion of a called 29.869-acre tract as described by a deed to Heath Phillips Investments, LLC recorded in Volume 11623, Page 227 of the Official Records of Brazos County, Texas, and a 12.939-acre tract being portions of the remainder of a called 108.88-acre tract as described by a deed to Heath Phillips Investments, LLC recorded in Volume 9627, Page 73 of the Official Records of Brazos County, Texas and a called 29.869-acre tract as described by a deed to Heath Phillips Investments, LLC recorded in Volume 11623, Page 227 of the Official Records of Brazos RM021215 Minutes Page 5 County, Texas, generally located at the northeast, northwest, southeast and southwest corners of The Barracks II Subdivision between Old Wellborn Road and Holleman Drive South by amending the concept plan and uses for said district. The motion carried unanimously. 4. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 8:10 p.m. on Thursday, February 12, 2014. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-857 Name:Bee Creek Sanitary Sewer Phase II Project - Condemnation Resolution Status:Type:Resolution Consent Agenda File created:In control:11/17/2014 City Council Regular On agenda:Final action:2/26/2015 Title:Presentation, possible action, and discussion regarding approval of a Resolution that will authorize the City Attorney to condemn easements needed for the Bee Creek Sanitary Sewer Phase II project. Sponsors:Donald Harmon, David Coleman Indexes: Code sections: Attachments:Resolution - Condemnation for Bee Creek Parallel Trunk Line Ph II 11-24-2014.pdf Bee Creek Map.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a Resolution that will authorize the City Attorney to condemn easements needed for the Bee Creek Sanitary Sewer Phase II project. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the Resolution which will authorize the City Attorney to acquire the easements through condemnation. Summary: On February 14, 2013 and May 9, 2013, Council authorized staff to negotiate for the purchase of easements needed to install a gravity sewer line. The existing Bee Creek Trunk Line serves areas along FM 2818, from Carters Creek Wastewater Treatment Plant to areas just north of FM 2154, near Cain Road. Much of the existing trunk line was installed in 1973 and does not have sufficient capacity to convey additional flow. Installation of a new gravity sewer line will increase the system capacity to meet the anticipated demand in these areas. Staff has negotiated in good faith for the purchase of the last easements needed for the project. The required property includes a ten foot (10') wide permanent public utility easement and twenty foot (20') wide temporary construction easement adjacent to an existing easement in which the existing sewer line is located. The easements extend through the western portion of a 35.3656 acre tract owned by Mary M. Wolters, Individually and as Trustee of the Wolters Family Trust. To date, the City and landowners have been unable to finalize an agreement for the purchase. Budget & Financial Summary: Funds in the amount of $14,293,611 are budgeted for this project in the Wastewater Capital Improvement Projects Fund. A total of $4,184,982 has been expended or committed to date. College Station, TX Printed on 2/20/2015Page 1 of 2 powered by Legistar™ File #:14-857,Version:1 Attachments: 1. Project Map 2. Resolution with Exhibits College Station, TX Printed on 2/20/2015Page 2 of 2 powered by Legistar™ \\10.176.2.252\granicus_nas\insite\files\COLL\Attachments\d2e9be33-2d6e-42cc-867c-633da6377c81.docx RESOLUTION NO. _________________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE BY CONDEMNATION AN EXCLUSIVE, PERMANENT WASTEWATER UTILITY SYSTEM EASEMENT BEING ALL OF THAT CERTAIN 0.236 ACRE TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING PART OF THAT 37 ACRE TRACT CONVEYED TO FREDDIE A. WOLTERS BY DEED RECORDED IN VOLUME 207, PAGE 1 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, BEING A STRIP OF LAND 10 FEET IN WIDTH CONTIGUOUS WITH THE SOUTHEAST LINES OF THE EXISTING 20 FT. SEWER EASEMENT RECORDED IN VOLUME 320, PAGE 553 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; AND AN EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT BEING ALL OF THAT CERTAIN 0.483 ACRE TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE MORGAN RECTOR LEAGUE, ABSTRACT NO. 46, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING PART OF THAT 37 ACRE TRACT CONVEYED TO FREDDIE A. WOLTERS BY DEED RECORDED IN VOLUME 207, PAGE 1 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, BEING A STRIP OF LAND 20 FEET IN WIDTH LOCATED 20 FEET SOUTHEAST OF THE SOUTHEAST LINES OF THE EXISTING 20 FT. SEWER EASEMENT RECORDED IN VOLUME 320, PAGE 553 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS; (2) A DECLARATION THAT A PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SAID EASEMENTS BY CONDEMNATION IN ORDER TO ACCOMPLISH AN AUTHORIZED AND DECLARED PUBLIC USE AND PURPOSE; (3) THE RATIFICATION OF ALL PRIOR CITY ACTS AND RESOLUTIONS; AND (4) THE ESTABLISHMENT OF AN EFFECTIVE DATE AND COMPLIANCE WITH THE OPEN MEETING STATUTES. WHEREAS, the City of College Station, Texas (“City”) is a home rule municipality which is duly incorporated and chartered under the constitution and laws of Texas; and WHEREAS, the City owns, operates, constructs, repairs, and maintains a municipal wastewater utility system (“system”) as a public service, in order to provide wastewater service to the public and the City, now and in the future; and WHEREAS, the City’s ownership, operation, construction, repair, and maintenance of the system is a benefit to the public, because the system currently provides, and will provide in the future, improved wastewater services to the public and the City. Therefore, the system, including the City’s ownership, operation, construction, repair, maintenance and protection of the system, now and in the future, are hereby declared to be worthwhile public uses and purposes; and WHEREAS, the City is engaged in the following project regarding the improvement and expansion of the system: Bee Creek Parallel Trunk Line Project – Phase II, (the “project”). The project will benefit the public and the City because its completion and operation will enhance 2 and improve wastewater services available to the community at large. Therefore, the project, which includes the acquisition of the easements herein described, is hereby declared to be a worthwhile public use and purpose; and WHEREAS, the City determines that the best interests and needs of the public, including the health, safety, and welfare of the public, require that the system should be improved, expanded and protected through the City’s acquisition, by a condemnation proceeding, of the following easements for the project: an exclusive, permanent wastewater utility system easement and right of way (“permanent public utility easement”) on, in, over, along, under, across, and through a certain tract or parcel of land, being and situated in College Station, Brazos County, Texas, containing all of that certain 0.236 acre tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, in College Station, Brazos County, Texas, being part of that 37 acre tract conveyed to Freddie A. Wolters by deed recorded in Volume 207, Page 1 of the Deed Records of Brazos County, Texas, being a strip of land 10 feet in width contiguous with the southeast lines of the existing 20 ft. Sewer Easement recorded in Volume 320, Page 553 of the Deed Records of Brazos County, Texas; and an exclusive temporary construction easement and right of way (“temporary construction easement”) on, in, over, along, under, across, and through a certain 0.483 acre tract or parcel of land lying and being situated in the Morgan Rector League, Abstract No. 46, in College Station, Brazos County, Texas, being part of that 37 acre tract conveyed to Freddie A. Wolters by deed recorded in Volume 207, Page 1 of the Deed Records of Brazos County, Texas, being a strip of land 20 feet in width located 20 feet southeast of the southeast lines of the existing 20 ft. Sewer Easement recorded in Volume 320, Page 553 of the Deed Records of Brazos County, Texas, and for the payment of reasonable, adequate, and just compensation by the City to the owner or owners thereof, as required by law, said property being more particularly described by metes and bounds and survey plat in Exhibits A and B, respectively, which are attached hereto and incorporated by reference for system facilities, wastewater lines, wastewater pipelines, valves, fiber optic cables, infrastructure, improvements and related appurtenances; and WHEREAS, pursuant to the authority stated herein, the City intends and seeks to acquire the permanent public utility easement regarding the subject property for the following, declared public uses and purposes regarding the project: (a) the construction, installation, inspection, placement and removal of wastewater lines, wastewater pipelines, valves, fiber optic cables, infrastructure, facilities, improvements and related appurtenances by the City, on, in, over, above, along, under, across, and through said property, in order to improve, expand, and maintain the system and the transmission and disposal of wastewater within the system, now and in the future, for the benefit of the public and the City, as described herein; and (b) the permanent ownership, operation, construction, repair, inspection placement, removal, and maintenance of the system and the location of said permanent public utility easement on the subject property, including all wastewater lines, wastewater pipelines, valves, fiber optic cables, infrastructure, facilities, improvements and/or related appurtenances placed on, in, over, above, along, under, across, and through said property, in order to improve, expand, and maintain the system and the 3 transmission and disposal of wastewater within the system, now and in the future, for the benefit of the public and the City, as described herein; and WHEREAS, pursuant to the authority stated herein, the City intends and seeks to acquire the temporary construction easement regarding the subject property for the following declared public uses and purposes regarding the project; (a) the temporary purpose and use to facilitate the construction of various improvements and utilities in connection with the project; and WHEREAS, on February 14, 2013, the City Council by Resolution No. 02-14-13-2e as amended by Resolution No. 05-19-13-2b authorized the City Manager and his designee to take those steps necessary to acquire the permanent public utility easement and temporary construction easement; and WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent domain to acquire property, inside or outside the municipality, in order to efficiently carry out the ownership, operation, construction, repair, maintenance and protection of its system pursuant to the following, non-exclusive authority, the contents of which are incorporated by reference: Chapters 251 and 552 of the Texas Local Government Code; Chapter 21 of the Texas Property Code; and articles I and II of the City Charter; and WHEREAS, pursuant to the project, a public necessity exists for the City to acquire by condemnation proceeding the permanent public utility easement for the public uses and purposes described herein, and WHEREAS, pursuant to the project, the City’s acquisition of the permanent public utility easement and temporary construction by a condemnation proceeding is necessary to accomplish, achieve, and advance the public uses and purposes described herein; and WHEREAS, upon acquisition of the permanent public utility easement and temporary construction easement, the City shall allow the owner of the underlying property to use all or any part of the easements acquired for any purpose that does not damage, destroy, injure, or interfere with the City’s efficient, safe, or convenient use of the easements acquired, as described herein, including the specific use limitations of said owner as described herein; NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of College Station, Texas: 1. Singular nouns and pronouns shall include the plural, and the masculine gender shall include the feminine gender, where necessary for a correct meaning of this resolution. 2. All prior resolutions or orders regarding the project, the permanent public utility easement and temporary construction easement, are hereby supplemented and incorporated by reference. 4 3. All prior acts of the City, including the acts of its elected officials, officers, employees, agents, or attorneys, regarding the project, the permanent public utility easement and temporary construction easement, are hereby authorized, ratified, approved, confirmed, and validated. 4. All statements made in the caption, preamble, preliminary recitals, and the documents attached to this resolution are true, correct, and incorporated by reference. 5. The best interests and needs of the public, including the health, safety, and welfare of the public, pursuant to the project, require that the system be improved and expanded by the City’s acquisition of the permanent public utility easement and temporary construction easement as described herein. 6. The permanent public utility easement pursuant to the project and as described herein, is sought and shall be acquired by the City for the following public uses and purposes: a. the construction, installation, inspection, placement and removal of wastewater lines, wastewater pipelines, valves, fiber optic cables, and related utility infrastructure, facilities, improvements and related appurtenances by the City, on, in, over, above, along, under, across, and through said property, including but not limited to wastewater transmission lines, connecting wastewater pipelines, access facilities, attachment structures and equipment, and communication lines specifically related thereto, in order to improve, expand, and maintain the system and the transmission and disposal of wastewater within the system, now and in the future, for the benefit of the public and the City; and b. the permanent ownership, operation, construction, repair, inspection, placement, removal, and maintenance of the system at the location of said permanent public utility easement, including all utility infrastructure, facilities, improvements or appurtenances place on, in, over, above, along, under, across, and through said property, as described herein, in order to improve, expand, and maintain the system and the transmission and disposal of wastewater within the system, now and in the future, of the benefit of the public and the City. 7. The temporary construction easement pursuant to the project and as described herein: is sought and shall be acquired by the City or the following public uses and purposes; 5 a. The temporary purpose and use to facilitate the construction of various improvements and utilities in connection with the project. 8. All public uses and purposes described in this resolution are hereby declared to be worthwhile, convenient, and necessary to justify and support the acquisition of the permanent public utility easement and the temporary construction easement by the City through a condemnation proceeding. 9. Regarding the permanent public utility easement and temporary construction easement described in this resolution, and pursuant to the project, the City hereby declares the following: a. The City made a bona fide, good faith offer to purchase said easements from the owners of the subject property. Said offers were rejected or not accepted by the owners. Thus, the City and said owners are unable to agree on the issue of damages or compensation. Therefore, a public necessity and convenience exists for the City to acquire said easements through a condemnation proceeding for the public uses and purposes stated in this resolution. b. The City’s acquisition of said easements through a condemnation proceeding is necessary and convenient to accomplish, achieve, and advance the public uses and purposes stated in this resolution. 10. Pursuant to the project, the City’s elected officials, officers, employees, agents, representatives, and attorneys are hereby authorized to engage in the following conduct regarding the permanent public utility easement and temporary construction easement: a. Said representatives shall have the authority to lay-out or map the exact location of the easements needed. b. Said representatives shall have the authority, with the consent of the property owner or through a court order, to enter upon the subject property for the purpose of: surveying and establishing title; determining reasonable, adequate, and just compensation; conducting tests; or negotiating with the owner for the purchase of the required property interests. c. Said representatives shall have the authority, after determining reasonable, adequate, and just compensation for said easements, to negotiate with the property owner for the purpose of acquiring for the City the required property interests by purchase. 6 d. Said representatives shall have the authority to initiate and complete condemnation proceedings against said owner, in order to acquire through condemnation all required property interests and title to the easements described herein. e. Said representatives shall have the authority to initiate and complete all other actions deemed necessary and appropriate to effect the accomplishment of the public uses and purposes described herein. 11. Upon acquisition of the permanent public utility easement and temporary construction easement, the City shall allow the owner of the underlying property to use all or any part of the easements acquired for any purpose that does not damage, destroy, injure, or interfere with the City’s efficient, safe, or convenient use of the easements acquired, however; (a) said owner shall not be allowed to lay-out, dedicate, construct, maintain, or use any house, structure, or reservoir, or to permit same to be accomplished, on, over, under, through or within said easement except as provided herein; but (b) said owner shall be allowed to lay- out, dedicate, construct, maintain, or use roads, streets, alleys, and driveways, on, over, or within said easements, provided that said use does not change the grade over the land of said easements without the prior written consent of the City. 11. This resolution and order shall take effect immediately from and after its passage. 12. This resolution was considered and passed at a meeting held in compliance with Chapter 551 of the Texas Government Code, the Texas Open Meetings Act. ADOPTED this _____________ day of _____________________, 20___. ATTEST: APPROVED: SHERRY MASHBURN, City Secretary NANCY BERRY, Mayor APPROVED: City Attorney 7 8 9 10 11 12 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-920 Name:Drainage Fee Ordinance Codification Status:Type:Ordinance Consent Agenda File created:In control:12/31/2014 City Council Regular On agenda:Final action:2/26/2015 Title:Presentation, possible action, and discussion on the consideration of an ordinance amending Chapter 11 "Utilities", Section 11-7 "Municipal Drainage Utility System", Part C "Rates", of the Code of Ordinances of the City of College Station, Texas, as set out below; providing a severability clause; declaring a penalty; and providing an effective date. Sponsors:Donald Harmon Indexes: Code sections: Attachments:2008 resolution no. 11-24-08-01- RA#1.pdf Current Sec. 11-7 - Drainage Fee Ordinance.pdf Ordinance Ch 11-7 Changes 02-26-2015.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion on the consideration of an ordinance amending Chapter 11 "Utilities",Section 11-7 "Municipal Drainage Utility System",Part C "Rates",of the Code of Ordinances of the City of College Station,Texas,as set out below;providing a severability clause; declaring a penalty; and providing an effective date. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: Municipal drainage utility rates have previously been set and amended by Council Resolution. Current drainage rates were set by a 2008 Council Resolution at $5.00/mo. for residences, $2.25/mo. for apartments, and $2.35/1,000 sq.ft./mo. for commercial. This agenda item codifies the 2008 Council Resolution into an Ordinance, keeping the same existing 2008 drainage rates. Codification of the current rates into an Ordinance provides better public notice and easier public access through the MuniCode website for retrieving updated utility rates and associated information. Utilities will continue collecting the same existing drainage rates as established in 2008. It is recommended that the existing City Ordinance provision in Section 11-7(C) be updated to reflect the current rates previously established by the 2008 Council Resolution and that any future rate adjustments be handled by City Ordinance to insure uniformity. Reviewed and Approved by Legal: Yes College Station, TX Printed on 2/20/2015Page 1 of 2 powered by Legistar™ File #:14-920,Version:1 Budget & Financial Summary: N/A Attachments: 1. 2008 resolution no. 11-24-08-RA#1 2. Current Sec. 11-7 - Drainage Fee Ordinance 3. Ordinance Ch. 11-7 Changes 02-26-2015 College Station, TX Printed on 2/20/2015Page 2 of 2 powered by Legistar™ RESOLUTION NO. 11-24-08-01 A RESOLUTION OF THE cIm COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE SCHEDULE OF DRAINAGE CHARGES FOR THE cIm OF COLLEGE STATION, TEXAS, MUNICIPAL DRAINAGE UTILITY SYSTEM AGAINST ALL REAL PROPERTY WITHIN THE CITY OF COLLEGE STATION, TEXAS, SUBJECT TO THE REQUITREMENTS OF TEXAS LOCAL GOVERNMENT CODE CH. 402.041, ET SEQ., SUBCHAPTER C; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of College Station, Texas, adopted Ordinance No. 2187 on the 27th day of June, 1996 establishing a municipal drainage utility system to protect the public health and safety from the loss of life and property caused by surface water overflows and surface water stagnation; and WHEREAS, the City Council of the City of College Station, Texas, will periodically review and establish by resolution a schedule of drainage charges against all real property in the city subject to charges pursuant to Tex. Local Gov't. Code Ch. 402, subchapter C.; and WHEREAS, in accordance with Section 402.041 et seq of the Texas Local Government Code, published notice and public hearings were duly held where input from any and all interested persons had an opportunity and &d so speak regarding this matter; and WHEREAS, the City Council of the City of College Station, Texas, finds that the schedule of charges set forth herinbelow, and the rates set upon which such schedule of charges was calculated, are equitable for similar real property in all areas of the City of College Station, Texas; now, therefore, PART 1: That the basic drainage charges to be levied on a monthly basis are as follows: A. Single Family Residential Rate $5.00 B. Multi-Family Residential Rate $2.25 PART 2: That all other lots, tracts and parcels of land within the City of College Station, Texas, shall be considered and charged on the basis of the commercial use in accordance with the following schedule of drainage charges which are hereby levied against all such remaining lots, tracts or parcels of land within the City of College Station, Texas: A. Land Use Square footage Commercial $2.35/1000 sq.ft./month PART 3: That the City Council hereby agrees these rates shall be effective on December 1,2008. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this 24th day of November , A.D. 2008. ATTEST: n City Secretary APPROVED: . MAYOR 6/27/13 M unicode libr ar y.municode.com/print.aspx?h=&clientID=15047&HTM Req uest=http%3a%2f%2flibrary.municode.com%2fHTML%2f15047%2flevel2%2fCD_ORD_CH11U…1/1 (1) (2) (1) (2) (3) (4) C. (1) (a) (b) (2) Sec. 11-7. Municipal drainage utility system. A. Classification of r e al p r ope r ty. T he real property benefiting from the or dinance shall be classified as follows: Commercial; and Residential. B. Exe mptions. Any person owning real property in the jurisdictional limits of the City of College Station, Texas shall be exempt from the Municipal Drainage Utility System when one (1) of the following conditions exists: Pr operty with proper construction and maintenance of a wholly sufficient and privately owned drainage system; Pr operty held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the City for maintenance; A subdivided lot, until a structur e has been built on the lot and a certificate of occupancy has been issued by the City; and T he following governmental entities: T exas A&M Univer sity College Station Independent School District City of Bryan Rate s. All charges shall be made in accordance with the classification of pr operties by the following categories: Residential service shall be char ged on the basis of a set fee per residential unit. Each single-family detached residential unit and each duplex residential unit $3.50 per month. Each residential unit with two (2) or mor e attached residential units and all residential units in a complex identified as a multi-family apartment complex $1.57 per month. All other lots, tracts and parcels of land within the City shall be considered and charged on the basis of commercial use in accordance with the following schedule of drainage charges which are hereby levied against all such remaining lots, tract or parcels of land within the City unless covered by exemptions listed herein. Commercial service shall be calculated on the basis of building square footage. $1.65/1,000 sq. ft. per month ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 11 “UTILITIES”, SECTION 11-7 “MUNICIPAL DRAINAGE UTILITY SYSTEM”, PART C “RATES”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the Code of Ordinances of the City of College Station, Texas CHAPTER 11 “UTILITIES”, SECTION 11-7 “MUNICIPAL DRAINAGE UTILITY SYSTEM”, PART C “RATES”, be amended as set out in Exhibit “A”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this _______ day of ____________________, 2015. APPROVED: __________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Page 2 EXHIBIT “A” That the Code of Ordinances of the City of College Station, Texas CHAPTER 11 “UTILITIES”, SECTION 11-7 “MUNICIPAL DRAINAGE UTILITY SYSTEM”, PART C “RATES”, be amended to read as follows: C. Rates. All charges shall be made in accordance with the classification of properties by the following categories: (1) Residential service shall be charged on the basis of a set fee per residential unit. (a) Each single-family detached residential unit and each duplex residential unit $5.00 per month. (b) Each residential unit with two (2) or more attached residential units and all residential units in a complex identified as a multi-family apartment complex $2.25 per month. (2) All other lots, tracts and parcels of land within the City shall be considered and charged on the basis of commercial use in accordance with the following schedule of drainage charges which are hereby levied against all such remaining lots, tract or parcels of land within the City unless covered by exemptions listed herein. Commercial service shall be calculated on the basis of building square footage. $2.35/1,000 sq. ft. per month. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-921 Name:Joint Use Agreement With Wellborn Special Utility District Status:Type:Agreement Consent Agenda File created:In control:12/31/2014 City Council Regular On agenda:Final action:2/26/2015 Title:Presentation, possible action and discussion regarding the approval of a Joint Use Agreement for Right-of-Way and Utility Easements between the City of College Station and Wellborn Special Utility District regarding the section of Barron Road from Victoria Avenue to FM 2154. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Wellborn Water Joint Use Agreement Map.pdf Joint Use Agreement.pdf Action ByDate Action ResultVer. Presentation,possible action and discussion regarding the approval of a Joint Use Agreement for Right-of-Way and Utility Easements between the City of College Station and Wellborn Special Utility District regarding the section of Barron Road from Victoria Avenue to FM 2154. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends Council approve the agreement and authorize the Mayor to sign the Joint Use Agreement. Summary:Wellborn Special Utility District has served customers to the south of College Station for many years and maintains several water line easements located along Barron Road that were in place long before the neighborhood was annexed.In order to avoid possible utility conflicts in the future,City staff contacted Wellborn in April,2010 and asked that it release its easements along Barron Road.Since Wellborn continues to operate in the vicinity and wants to maintain the integrity of its system,it declined to release its easements,but did agree to enter into a Joint Use Agreement. Budget & Financial Summary: N/A Attachments: 1. Map 2. Joint Use Agreement for Right-of-Way and Utility Easements College Station, TX Printed on 2/20/2015Page 1 of 1 powered by Legistar™ BARRON ROADW I L L I A M D F I T C H P A R K W AY WELLBORN ROADRENEE LANE VICTORIA AVENUERUGEN LANEMEIR LANEC A PSTO N E D R IVEREATTA LANE POMEL DRIVE BUGGY LANELIENZ LANE LATINNE LANE LADOVE DRIVEVICTORIA AVENUE W I L L I A M D F I T C H PA R K W AY Wellborn Water Joint Use Agreementalong Barron Road ± The accur acy of this data is limited to the validity and accuracy of available data, and therefore the city makes no representation or w arr anties as to the accuracy of the data. Any party using the data does so at their own risk. This data is produced pursuant to the Texas Public Information Act. For specific questions regardingthis plan contact Ashley Dor sett at (979) 764-5031. Map created D ecember 11, 2014. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0058 Name:College Station ISD Natatorium Use FY14 Financial True-Up Status:Type:Presentation Consent Agenda File created:In control:2/6/2015 City Council Regular On agenda:Final action:2/26/2015 Title:Presentation, possible action, and discussion regarding the College Station ISD Natatorium Use FY14 financial true-up, in the amount of $61,739.92 to be paid from the City of College Station to the College Station ISD for the FY14 use of the CSISD Natatorium. Sponsors:David Schmitz Indexes: Code sections: Attachments:CSISD Natatorium FY14 true-up.pdf 2009 CSISD ILA Fully Executed.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the College Station ISD Natatorium Use FY14 financial true-up,in the amount of $61,739.92 to be paid from the City of College Station to the College Station ISD for the FY14 use of the CSISD Natatorium. Relationship to Strategic Goal:1. Providing Core Services and Infrastructure 2. Neighborhood Integrity Recommendation(s):Staff recommends approval. Summary:COCS and CSISD agreed to share the operating costs of the Natatorium through an Inter Local Agreement. Each year, both CSISD and COCS submit their expenses and revenues related to the operation of the Natatorium in the prior fiscal year. CSISD incurs expense related to maintenance, utility costs and a reimbursement for lifeguard salaries for lifeguard time spent on CSISD swim team practice. COCS processes revenues for COCS programs run through the Natatorium, and incurs expenses related to lifeguard and administrative salaries, and some maintenance costs. After receiving figures from both entities, COCS prepares a true-up of these expenses and revenues in order to determine the net cost of operations for the Natatorium. COCS calculates the percentage of usage of the Natatorium by both entities. The entity is then responsible for the dollar amount generated by applying the entity's percentage of use to the net cost. Typically, CSISD overpays their portion of the net cost, and COCS reimburses the school district through the true-up. The payment has never gone to Council before, as the payment was under the College Station, TX Printed on 2/20/2015Page 1 of 2 powered by Legistar™ File #:15-0058,Version:1 $50,000 threshold. However, due to several circumstances, the payment for the FY2014 is $61,739.92. The increase is due to an increase of expenses incurred by CSISD - as well as increased revenue received by COCS that needs to be shared with CSISD. CSISD explained that the increase in utilities was due to the colder winter in FY14 versus the winter in FY13. Overall, utilities increased by $12,881.00 from last fiscal year. Maintenance and supplies also increased in FY14. Maintenance increased by $1,344.98, and Supplies increased by $11,400.74. Per CSISD, the bulk of those increases was due to the purchase of two portable lifeguard stands which were purchased for $6,513.50 (a one-time expenditure) and the purchase of a plumbing press gun for $3,198.61, totaling $9,712.11. Furthermore, the Aquatics revenue received by COCS for Natatorium programs was $18,289.77, an increase of $17,958.24 from FY13. Since COCS shares revenue with CSISD, the payout for FY14 was increased substantially to account for the increase in revenue received by CSISD. The total payout to CSISD for FY2014 is $61,739.92, an increase of $23,949.09 over last fiscal year. $30,360.00 was budgeted in account 013-5382-734.41-90 for this payout. Budget &Financial Summary:Funds to be paid from the Recreation Fund portion of the FY15 College Station Parks and Recreation Department operating budget. Attachments: 1. Natatorium Use and Budget Calculations for FY14. 2. City of College Station - College Station ISD Inter Local Agreement College Station, TX Printed on 2/20/2015Page 2 of 2 powered by Legistar™ For Office Use OnlyROUTINGSHEEToriginalssenttoFiscal on CONTRACTS OTHER AGREEMENTS Copies sent to Legal on These Documents Require Council Approval Scanned into Laserfiche on Contract No 09 c Project No Project Name CSISD ILA Joint Use of Facilities Name of Contractor College Station Independent School District Contract Description Interlocal Agreement for the joint use of facilities for Parks and Recreation Department Recreation Programs between College Station Independent School District and the City of College Station CRC Approval Date if required Department Representative Extension Council Approval Date if required July 9 2009 da SNnC X1 9 3 Agenda Item No RA 4 Finance Review Required Insurance Certificates t erformance Bond Payment Bond person reviewing please initial if approved Comments tote V t 2 n GSts iD Z Foyi 410 cS CITY SE RETARY DATE MAYOR DATE M R DATE 3 LEGAL EP R M T DATE 2 f EF FINANCIAL OFFICER DATE DEPARTMENT DIRECTOR DATE ADMINISTERING CONTRACT DIRECTOR Revised 912008 INTERLOCAL AGREEMENT FOR JOINT USE OF FACILITIES FOR PARKS AND RECREATION DEPARTMENT RECREATION PROGRAMS BETWEEN COLLEGE STATION INDEPENDENT SCHOOL DISTRICT AND THE CITY OF COLLEGE STATION TEXAS THIS AGREEMENT is made and entered into by and between COLLEGE STATION INDEPENDENT SCHOOL DISTRICT hereinafter referred to as CSISD and the CITY OF COLLEGE STATION TEXAS hereinafter referred to as the City a Texas Home Rule Municipal Corporation CSISD and the City may be referred to hereinafter either individually as the Party or Agency or collectively as the Parties or the Agencies WHEREAS CHAPTER 791 OF THE TEXAS GOVERNMENT CODE also known as the INTERLOCAL COOPERATION ACT the Act authorizes all local governments to contract with each other to provide a governmental function or service that each Party to the contract is authorized to perform individually and in which the contracting Parties are mutually interested such as administrative functions planning parks and recreation and engineering and WHEREAS the City is a HomeRule Municipal Corporation organized under the laws of Texas and is authorized to enter into this Agreement pursuant to ARTICLE ll SECTION 5 OF ITS CITY CHARTER and WHEREAS CSISD is an independent school district and is authorized to enter into this Agreement pursuant to the approval of its board of trustees and WHEREAS the City and CSISD represent that each is independently authorized to perform the functions contemplated by this Agreement and WHEREAS the governing bodies of the City and CSISD are mutually interested in providing high quality programs for education and recreation activities herein referred to as Programs for the citizens of College Station in a costeffectivemanner and WHEREAS full cooperation between the City and CSISD is necessary to achieve the best services for the citizens of College Station in a cost effective manner and WHEREAS the authority to administer this Agreement may be delegated by the City and CSISD to the City Manager and the Superintendent or their designees NOW THEREFORE the City and CSISD herein enter into this Agreement pursuant to the above named Act to authorize their representatives to cooperate by allowing the joint use of areas and facilities herein referred to collectively as Facilities under the following terms and conditions A Obligations of Each Anencv for Use of Facilities 1 CSISD will identify school Facilities which are suitable for the Programs and subject to the joint agreement of the Parties make those Facilities available to the City for community Programs 2 The City will identify Facilities which are suitable for the Programs and subject to the joint agreement of the Parties make those Facilities available to CSISD for community Programs PGROLIPAGENCALForLegal ReviewInReview07092009RA4 CSISD ILA Joint Use ReVisions1 CSISD CS Interlocal Agreement 71 7012009docx Page 1 of 12 3 All established Facility rules and regulations will apply to users from both Agencies Subject to any specific costsharing provisions set forth in this Agreement additional costs for personnel equipment or supplies that may be required for a Program will be arranged in advance by the Agency using the Facility for such Program by contacting the Facility manager of the Agency which owns such Facility Costs associated with the Program will be the responsibility of the Agency using the Facility for the Program 4 Each Agency shall be responsible for the maintenance utilities and reasonable janitorial services for their own Facilities regardless of which Agency uses the Facility except as otherwise provided herein The Agency using the Facility shall be responsible for reasonable care and protection of the Facility and equipment provided for its Programs as well as for any damages that may occur as a result of these Programs except for normal wear and tear 5 Each Agency will submit to the other Agency no later than December 1 of each year a schedule of proposed dates for the use of the Facilities for the next following calendar year Each Agency will have first priority for use of their respective Facilities The second priority for use will be granted to the other Agency All other groups will have subsequent priority provided however that an Agency may cancel the use of its Facilities upon written notice to the other Agency no later than six 6 months prior to the beginning of the school semester for which the cancellation is contemplated 6 Both Agencies shall cooperate to make information about their respective Programs and Facilities available to the citizens of the community 7 Each Agency agrees to pay for the services and functions to which they are obligated under this Agreement from current revenues B Potential Joint Acquisition of Property and Development of Facilities 1 Both Agencies agree that with respect to future land acquisitions for parks or school sites each Agency will make a reasonable effort to jointly discuss community needs to foster potential cooperative schoolcity developments Final determination for a particular site rests with the purchasing Agency C Obligations for Joint Operation of Specific Facilities and Programs 1 Both Agencies agree that joint operation of the Kids Klub after school care program is a mutual benefit to the citizens of College Station Specific operational information and details are contained in the operational guidelines attached to this agreement as EXHIBIT A EXHIBIT A is incorporated herein by reference 2 Both Agencies agree that the joint operation of the CSISD Natatorium is of mutual benefit to the citizens of College Station Specific operational information and details are contained in the operational guidelines attached to this agreement as EXHIBIT B EXHIBIT B is incorporated herein by reference 3 Both Agencies agree that the joint operation of the XTRA Education community education program is a mutual benefit to the citizens of College Station Specific operational information and details are contained in the operational guidelines attached to this agreement as EXHIBIT C EXHIBIT C is incorporated herein by reference PGROUPAGENCALForLegal ReviewInReview07092009RA4 CSISD ILA Joi nt Use Revisions1 CSISD CS Interlocal Agreement 71 7012009docx Page 2 of 12 D Terms of Agreement 1 The term of this Agreement shall be one 1 year commencing on the date upon which the Agreement is approved by both parties Thereafter this agreement shall be automatically renewed for successive one year terms up to a maximum of an additional nine 9 years unless terminated earlier by either Party giving the other 60 days advance written notice 2 This Agreement may be terminated at any time and for any reason without liability by either Party upon written notice as provided herein not later than six 6 months prior to the beginning of a school semester and subject to the limitations herein E Hold Harmless The City and CSISD each individually agree to hold the other harmless from and against any and all claims losses damages causes of action suits and liabilities of every kind including all expenses of litigation court costs and attorneysfees for injury or death of any person for damage to any property arising out of or in connection with the work done under this Agreement The Parties understand and agree that each Party is a Governmental Unit as that term is defined in Section 1010013 of the Texas Civil Practice Code The Parties further understand and agree that they are entitled to the rights protections and limitations which Title 5 of the Texas Civil Practice and Remedies Code provides for Governmental Units including the protections and limitations afforded under Chapter 101 of the Texas Civil Practice and Remedies Code The Parties agree to indemnify and hold the other Party and its officers trustees directors employees and agents harmless from claims demands causes of action suits damages costs and attorney fees in favor of any third party subject to the following a the Partys obligation to indemnify extends only to those claims demands suits causes of action damages costs or attorney fees which arise out of or are connected with their own acts or negligence and b the Partys obligation to indemnify is subject to Title 5 of the Texas Civil Practice and Remedies Code Notwithstanding anything which may be construed to the contrary herein the Partys liability to indemnify will only exist to the extent and to the limits that it would itself otherwise be exposed to liability under Title 5 of the Texas Civil Practice and Remedies Code F Invalidity If any provision of this Agreement shall be held to be invalid illegal or unenforceable by a court or other tribunal of competent jurisdiction the validity legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby The Parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties G Written Notice Unless otherwise specified written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein College Station Independent School District 1812 Welsh College Station Texas 77840 Attn Superintendent of Schools PGROUPAGENCALForLegal ReviewInReview07092009RA4 CSISD ILA Joint Use Revislons1 CSISD CS Interlocal Agreement 71 7012009docx Page 3 of 12 City of College Station P O Box 9960 College Station Texas 778429960 Attn City Manager H Entire Agreement It is understood that this Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements arrangements or understandings between the Parties relating to the subject matter No oral understandings statements promises or inducements contrary to the terms of this Agreement exist This Agreement cannot be changed or terminated orally No verbal agreement or conversation with any officer agent or employee of the City either before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder 1 Amendment No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of each Party J Texas Law This Agreement has been made under and shall be governed by the laws of the State of Texas K Place of Performance Performance and all matters related thereto shall be in Brazos County Texas United States of America L Authority to Enter Contract Each Party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations M Waiver Failure of either Party at any time to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement any part hereof or the right of the City thereafter to enforce each and every provision hereof No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party claimed to have waived Furthermore any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach N Agreement Read PGROUPAGENCALForLegal ReviewInReview07092009RA4 CSISD ILA Joint Use Revislons1 CSISD CS Interlocal Agreement 71 7012009docx Page 4 of 12 The Parties acknowledge that they have read understand and intend to be bound by the terms and conditions of this Agreement 0 Assionment This Agreement and the rights and obligations contained herein may not be assigned by eitherPartywithoutthepriorwrittenapprovaloftheotherParty P Multiple Orininals It is understood and agreed that this Agreement may be executed in a number of identical counterparts each of which shall be deemed an original for all purposes EXECUTED on this the30 day o 2009 COLLEGE STATION INDEPENDENT SCHOOL DISTRICT 2 n494zzBy rkGrlfeSlack Board President College Station Independent School District STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS 2Thisinstrumentwasacknowledgedbeforemeonthe day of L009 byCharlotteSlackinhiscapacityasBoardPresidentofCollegeStationIndepndentSchoolDistrictapoliticalsubdivisiononitsbehalf7 TAMARA E HARDIN Notary Public Slate of Texas bjsaMyCommissionExplree APRIL 19 2010 7Notary Pu lic in and for the Sta aof Texa i iCoissionexpiresonl CITY OF COLLEGE STATION NlyorcitycACollege Station Atteste PGROUPAGENCALForLegal ReviewTn Review07092009RA4 C SISD ILA Joint Use RRevisions1 C SISD CS Interlocal Agreement 71 7012009docx Page 5 of 12 City Secretary APPROVEDa oit4q City Manag Date City At r ey Date 923 O O Financ 11 trategic Planning Director Date STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF BRAZOS instrument was acknowledged before me on the day of ta 2009 by 5Ljgj0 V in his capacity as Mayor of the City of College Station a Texas homerule municipality on behalf of said municipality Y TANYA MCNUTT Notary Public State of Texas Notary Publi in a for the State of TexasC7 1n My Comm Expires Feb 42010 OF My Commission expires on PGROUPAGENCALForLegal ReviewInReview07092009RA4 CSISD ILA Joint Use Revisions1 CSISD CS Interlocal Agreement 71 7012009docx Page 6 of 12 EXHIBIT A OPERATION OF KIDS KLUB AFTER SCHOOL CARE PROGRAM AGENCY OBLIGATIONS The CSISD Superintendent and the City Manager or their respective designees shall each appoint a representative from their Agency to serve as a director of Kids Klub The two directors shall be empowered to carry on the business of the Kids Klub program with the approval of their respective supervisors Subject to the following specific provisions the general obligations of the Parties shall be as follows Financial administration participant registration and provision of Facilities are the responsibility of CSISD Daily operation staff training supervision and curriculum development are the responsibility of the City A Obligations of the City 1 Interview hire train evaluate and when needed dismiss staff 2 Conduct a background check on all potential City staff employees 3 Plan carry out and evaluate the program 4 Provide CSISD with correct staff attendance records in a timely manner as required by the payroll calendar 5 Order supplies and materials deemed appropriate to conduct the program 6 Provide CSISD with an accident report within twentyfour 24 hours for all accidents to staff or students that require medical assistance to the Superintendent of School or his designee 7 Produce an annual program evaluation by December 1st for the previous fiscal year This evaluation should detail both fiscal and programmatic functions and be submitted to the City Manager and Superintendent of Schools 8 Develop a proposed annual budget in collaboration with the CSISD Director of Career and Technology Education and Community Education This budget shall be developed no later than April 1 st of each year Budgets will be based on projected enrollment 9 Handle all external public relations including parent handbooks enrichment flyers and parent concerns regarding program operations 10 Develop appropriate enrichment registration forms and materials for all activities of Kids Klub B Obligations of CSISD 1 Collect and account for all monies according to the accounting principles set forth in the Texas Education AgencysFinancial Accounting Resource Guide PGROUPAGENCALForLegal ReviewInReview07092009RA4 CSISD RA Joint Use Revlsions1 CSISD CS Interlocal Agreement 71 7012009docx Page 7 of 12 2 Provide the facilities for the program Fees associated in building use shall be waived Utility costs will be paid as set forth in the agreed budget 3 Pay all bills generated by the activities of the program as verified by both Parties 4 Pay all salaries of the employees of the program except for the City Program Director and other city staff Timesheets and other documents will be maintained for auditing purposes CSISD is to reimburse the City 20000 toward the cost of the City Kids Klub Program expenses 5 Conduct a background check on all potential staff employees 6 Provide daily snacks for students and staff through the CSISD Food Service Department based on information received from the City Program Director 7 Develop a proposed annual budget with the City Program Director This proposed budget shall be developed no later than April 1 st of each year Budgets will be based on projected enrollments The final approved budget must be reviewed and approved by both the City and CSISD 8 Provide to the City monthly financial statements In addition an annual financial report shall be prepared by December 1st of each year 9 Purchase and administer an accident insurance policy for staff and students in the program 10 Communicate in a timely manner with the CSISD Food Service Department all necessary information concerning the Snack Program 11 Handle all customer concerns regarding individual financial accounts C General Provisions 1 The Fiscal Year shall coincide with that of CSISD which is September 1 August 31 2 After all outstanding obligations have been paid in full a final accounting of all program expenses and revenues shall be completed At that time a 1000000shall be allowed to remain as a fund balance with an additional 1000000 being added to the fund balance each year b The fund balance shall be allowed to rise to a target level of 4000000 If this target level is exceeded two alternatives are available for use of the excess which are as follows i The excess funds will be distributed equally between CSISD and the City or ii The excess funds will be used to enhance the program upon the mutual agreement of both Agencies 3 No CSISD or other school district funds may be used to cover program deficits beyond the existing fund balance in the Kids Klub Proprietary Fund In turn nothing herein shall obligate City to incur costs beyond what is expressly budgeted and approved including no obligation to incur costs beyond the existing fund balance in the Kids Klub Proprietary Fund PGROUPAGENCALForLegal ReviewInReview07092009RA4 CSISD MA Joint Use Revisions1 CSISD CS Interlocal Agreement 71 7012009docx Page 8 of 12 4 Should it become necessary on the part of either Agency to withdraw from the cooperative program or abandon the program altogether an accounting of the net worth of the program shall be made This accounting shall include assets and liabilities but exclude nonmonetary assets If only one Party withdraws nonmonetary assets of the program shall become sole property of the other Agency 5 If both Agencies withdraw an equitable equal disposition of nonmonetary assets will be proposed which must be acceptable to both Agencies and which must be approved by the governing body of each Agency 6 Neither Party may withdraw during a program year unless both Agencies withdraw 7 Should CSISD withdraw from the program beginning with the first day of the following Fiscal Year CSISD reserves the right to totally withdraw all support including the provision of facilities or CSISD reserves the right to adjust building use fees 8 As a part of each annual budget a figure shall be established by the CSISD Business Office which shall reflect the annual utility and custodial costs applicable to the program This cost shall be paid to CSISD in ten 10 monthly installments The assessment may be revised during a fiscal year only if the building usage requirements of the program change Failure to properly manage utilities at the campuses may result in the renegotiating of the utility fee ie running air conditioners with doors open leaving lights on etc 9 Upon mutual agreement of the Parties CSISD can designate a clerk to handle daily operations of the Financial Director salary to be paid from the Kids Klub budget 10 Upon mutual agreement of the Parties the City can designate a program assistant to handle daily operations of the Program Director salary to be paid from the Kids Klub budget PGROUPAGENCALForLegal ReviewInReview07092009RA4 CSISD ILA Joint Use Revisions1 CSISD CS Interlocal Agreement 71 7012009docx Page 9 of 12 EXHIBIT B OPERATION OF THE NATATORIUM FACILITY AGENCY OBLIGATIONS The CSISD Superintendent and the City Manager or their respective designees shall each appoint a representative from their Agency to serve as a director of the natatorium The two directors shall be empowered to carry on the business of the facility with the approval of their respective supervisors Subject to the following specific provisions the general obligations of the Parties shall be as follows Financial administration participant registration and provision of Facilities are the responsibility of CSISD Daily operation staff training supervision and curriculum development are the responsibility of the City A Oblisiations of the Citv 1 Interview hire train evaluate and when needed dismiss staff 2 Conduct a background check on all potential staff employees 3 Plan carry out and evaluate the program 4 Order supplies and materials deemed appropriate to operate the facility 5 Provide CSISD with an accident report within twentyfour 24 hours for all accidents to staff or pool users that require medical assistance to the Superintendent of School or his designee 6 Produce an annual program evaluation by December 1s for the previous fiscal year This evaluation should detail both fiscal and programmatic functions and be submitted to the City Manager and Superintendent of Schools 7 Develop a proposed annual budget in collaboration with CSISD and the City Program Director This budget shall be developed no later than April 1 of each year Budgets will be based on projected participation 8 Handle all external public relations including flyers and notices regarding facility operations 9 Collect and account for all monies in accordance with the City and its Parks and Recreation Departments fiscal policies B Oblinations of CSISD 1 Proprietary Fund to be established a A Proprietary Fund similar to Kids Klub to be established that would account for all financial transactions involving the natatorium with all revenues including but not limited to i User fees ii Facility rentals iii Any other revenues attributable to the operations of the natatorium or use of the facility PGROUPAGENCALForLegal ReviewInReview07092009RA4 CSISD ILA Joint Use Revisions1 CSISD CS Interlocal Agreement 71 7012009docx Page 10 of 12 b All expenses including but not limited to i Salaries of fulltimeemployees devoted to operations of natatorium ii Salaries of parttime employees devoted to operations of natatorium iii Prorated salaries of any full or part time employees devoted partially to operations of natatorium iv Compensation of City Lifeguards V Chemicals vi Supplies vii Utilities prorated based on square footage of building or at the option of CSISD separate metersfor natatorium utility consumption if feasibleviiiMaintenanceandrepairstoincludematerialsandlabor ix Insurance X Any other expense directly attributable or partially allocable to the operations of the natatorium c Sharing of Profit or Loss i The net income or loss from the Proprietary Fund to be shared between CSISD and City based on the ratio of hours used by each respective entity to the total hours the facility is open Record of hours used to be maintained by the manager of the facility Report of hours used to be provided to CSISD and City on a monthly basis d Fiscal Year i Fiscal year of Proprietary Fund to be from September 1 to August 31 ii Annual Settle Up iii Settle up to be within 90 days of the end of the fiscal year on an annual basis e Develop a proposed annual budget with the City Program Director and CSISD This proposed budget shall be developed no later than April 1 sr of each year Budgets will bebasedonprojectedparticipation C General Provisions 1 The Fiscal Year shall coincide with that of CSISD which is September 1 August 31 2 The City can designate an Acting Program Director to handle the daily operations of the Facility Director PAGROUPAGENCALForLegal ReviewInReview07092009RA4 CSISD ILA Joint Use Revisions1 CSISD CS Interlocal Agreement 71 7012009docx Page 11 of 12 EXHIBIT C OPERATION OF THE XTRA EDUCATION PROGRAM AGENCY OBLIGATIONS The CSISD Superintendent and the City Manager or their respective designees shall each appoint arepresentativefromtheirAgencytoserveasadirectorThetwodirectorsshallbeempoweredtocarryonthebusinessoftheprogramwiththeapprovaloftheirrespectivesupervisors Subject to the specific provisions of the operational guidelines the following general provisions shallapply The financial administration curriculum development instructor recruitment and daily operationoftheprogramshallbetheresponsibilityoftheCity CSISD shall be responsible for the use of Facilities and for joint marketing of the program A Oblioations of the City 1 Interview hire train evaluate and when needed dismiss staff and instructors 2 Conduct a background check on all potential staff employees and instructors 3 Plan carry out and evaluate the program 4 Order supplies and materials deemed appropriate to conduct the program 5 Provide CSISD with an accident report within twentyfour 24 hours for all accidents to staffinstructorsorparticipantsthatrequiremedicalassistancetotheSuperintendentofSchoolorhisdesignee 6 Produce an annual program evaluation by December 1st for the previous fiscal year This evaluation should detail both fiscal and programmatic functions and be submitted to the CityManagerandSuperintendentofSchools 7 Handle all external public relations including flyers brochures and notices regarding programoperations 8 Collect and account for all monies in accordance with the City and its Parks and Recreation Departmentsfiscal policies B Obligations of CSISD 1 Utility and janitorial costs are the responsibility of CSISD 2 Normal wear and tear repairs to the Facilities are the responsibility of CSISD C General Provisions 1 The Fiscal Year shall coincide with that of the City which is October 1 September 30 2 The City can designate an Acting Program Director to handle the daily operations of the Facility Director PGROUPAGENCALForLegal ReviewInReview07092009RA4 CSISD ILA Joint Use Revisions1 CSISD CS Interlocal Agreement 71 7012009docx Page 12 of 12 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0061 Name:Fun for All Playground – Donor Recognition and Naming Rights Status:Type:Presentation Consent Agenda File created:In control:2/6/2015 City Council Regular On agenda:Final action:2/26/2015 Title:Presentation, possible action, and discussion regarding the Fun for All Playground donor recognition and naming rights. Sponsors:David Schmitz Indexes: Code sections: Attachments:NAMING OF CITY FACILITIES AND SUB-FACILITIES APPROVED.pdf Fun For All Donor Recog. & Naming Rts.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the Fun for All Playground donor recognition and naming rights. Relationship to Strategic Goal: 1. Providing Core Services and Infrastructure 2. Neighborhood Integrity Recommendation(s):Staff recommends approval.Parks and Recreation Advisory Board recommends approval. Summary:The Fun for All Playground is a joint effort of the College Station Rotary Club,the College Station Noon Lions Club,the Kiwanis Club,and the City of College Station.The groups have joined forces positively to achieve a regional facility that will serve all the children of this area, regardless of abilities. The Clubs have organized task forces from their members and the community to begin the upcoming efforts in Publicity, Grants, and Fund-Raising. The service clubs are pursuing possible grants or non- profit organization funding, and involve the community in actual building of the facility. As part of the fundraising, the levels and guidelines for the donor recognition and naming rights has been created. The playground is classed as a park sub-facility. In keeping with the current City Naming Policy, the proposed donor recognition and naming rights levels and guidelines need final approval from the City Council. This project was on the Parks and Recreation Advisory Board agenda on February 10th and received unanimous approval. Budget & Financial Summary:NA College Station, TX Printed on 2/20/2015Page 1 of 2 powered by Legistar™ File #:15-0061,Version:1 Attachments: 1. City of College Station Naming of City Facilities and Sub-Facilities Policy 2. Fun For All Donor Recog. & Naming Rts College Station, TX Printed on 2/20/2015Page 2 of 2 powered by Legistar™ Approved by Council May 24, 2012 CITY OF COLLEGE STATION NAMING OF CITY FACILITIES AND SUB-FACILITIES Approved May 24, 2012 PURPOSE To establish uniform procedures and criteria for the naming of City -owned facilities and sub-facilities located in the City of College Station. DEFINITIONS Facility: Major City-owned buildings, parks and trails built for permanent use. Sub-Facility: Minor City-owned structures within a Major Facility, including but not limited to: swimming pools, pavilions, tennis courts, large water features, t rail sections or meeting rooms. POLICY The City Council shall have the authority to name City-owned facilities and sub-facilities according to the procedures and criteria established below. General Naming Criteria and Guidelines. In order to be considered a qualifying name, the proposed name for a facility or sub -facility must satisfy one of the following criteria: A. Be descriptive of a geographic location or a significant natural feature in or near the facility, or an adjoining subdivision, street, or school. B. Commemorate historical events, groups or individuals that remain of continued importance to the City, region, State, and/or Nation. C. Commemorate individuals who are deceased and have a history of exceptional community service or contributions to the facility’s best interests and purposes, such as: a. Involvement in a leadership role in civic organizations that are devoted to community improvement; b. Assistance to the underprivileged, as well as people with physical or intellectual disabilities; c. Active promotion of effective programs for youth or senior citizens within the community; d. Active promotion of and organizing community events and activities that have enriched the quality of life within the community; e. Active promotion of and directed efforts to impro ve the aesthetic appearance and environmental quality of the community; or Approved by Council May 24, 2012 f. Leading efforts to collect, promote and retain the historical heritage of the community. D. Commemorate individuals who made significant contributions to the City’s acquisition or development of the facility. a. If a facility is named to commemorate or honor an individual or group, the relative importance of the facility to be named after the individual or group should match the respective stature, characteristics and contributions. The following circumstances may be considered in naming of a facility after a donor, benefactor or group: i. Land for the majority of the facility was deeded to the City; ii. Contribution of a minimum of 50% of the capital construction costs associated with developing the facility; or iii. Provision of an endowment for at least 50% of a facility’s estimated useful life for the continued maintenance and/or programming of the facility. b. The City Council may alter these guidelines if deemed necessary. c. The City reserves the right to utilize criminal background checks as part of the vetting process in order to ascertain an honoree’s good character. E. Recognize organizations involved in a public-private partnership with the City that have made significant financial or capital contributions to the acquisition or development of the facility. This includes any Naming Rights Agreement approved by City Council. F. Have historical, cultural, or social significance for future generations. G. Research indicates that the area around the facility, or the facility itself, has been commonly named in an unofficial capacity by residents. Restrictions on the Naming of Public Facilities and Sub-Facilities. A. No duplication of other facility’s or sub -facility’s names To minimize confusion, facilities will not be subdivided beyond the level of sub-facilities for the purpose of naming unless there are readily identifiable physical divisions such as roads or waterways. B. Facility names that might be considered discriminatory or derogatory will not be considered. C. Facility names will not advocate for or promote a current political figure, political affiliation, ideology or religion. Approved by Council May 24, 2012 PROCEDURE Guidelines for Naming Process Naming of Major Facilities A. A permanent name for the facility should be finalized no later than the 50% completion mark in the construction or acquisition process. a. Prior to the permanent naming of a facility, the location shall be referred to by its address or location designation until the facility is given an official name. B. The City will utilize a Council Facilities Task Force to facilitate the naming of facilities. C. The Council Facilities Task Force will proceed with the naming of a facility according to the following: a. The facility naming process is initiated with the approval of th e design, construction or acquisition of a facility. b. The City Council may choose from a variety of sources for name recommendations (i.e. Council member, staff or donor recommendations, historical review of the site, recommendations from the Parks and Recreation Advisory Board, recommendations from previous owners, etc.). Names may be suggested by citizens and/or community groups by submission to the Mayor, City Council or City Manager. c. Names may be submitted by the departmental owner of the facility, exec utive management, the Mayor or members of the City Council. d. All names for City facilities will be approved by a majority City Council vote regardless of the source of the name’s recommendation. Naming of Sub-Facilities A. All requests for the naming or renaming of a sub-facility shall be made in writing to the Director of Parks and Recreation for parks sub -facilities or to the City Manager for all other sub-facilities. Written requests should at a minimum contain the following: a. The proposed name; b. Reasons for the proposed name; c. Written documentation indicating community support for the proposed name (if applicable); d. If proposing to name a facility within a park, include a description/map showing the location of the facility; and e. If proposing to name a facility after an individual, group, donor or benefactor, include documentation of that person or group’s significance and good reputation in the City’s, State’s, or Nation’s history. Please refer to the commemorative naming conditions for an individual found in this policy. B. Upon receipt, the Director of Parks and Recreation or the City Manager will: Approved by Council May 24, 2012 a. Review the proposed request for its adherence to the policies of the City of College Station and b. Ensure that supporting information has been authenticated, part icularly when an individual’s name is proposed as the facility’s or sub-facility’s name. C. When deemed appropriate, the City Manager will recommend the Facilities Task Force review sub-facility renaming suggestions. D. The Facilities Task Force will review the sub-facility naming request at a Facilities Task Force meeting and make a recommendation to the City Council. In all cases, the City Council will have the final authority in accepting or rejecting the naming proposal by majority. Guidelines for Re-Naming Process. A. The renaming of facilities or sub-facilities is discouraged. It is recommended that efforts to change a name be subject to a critical examination so as not to diminish the original justification for the name or discount the value of the prior contributors. a. Parks or other facilities named by deed restriction shall not be considered for renaming. b. Parks and facilities named after individuals shall not be renamed unless it is determined that the individual’s personal character is or was such that the continued use of the name for a facility would not be in the best interest of the City or community. Exceptions may be considered in cases of changes in use of facilities or for facility demolitions. B. If it is decided by the City Manager that it is in the best interest of the City to rename a major or sub-facility, it may be renamed in accordance with the criteria and guidelines outlined in the procedures of this policy. Plaques, Markers and Memorials. A. Plaques, markers and memorials may be incorporated into a facility or sub-facility during the design phase of the project. Plaques, markers, and memorials that are incorporated into the design of a facility will be subject to the same oversight and controls as applicable to the rest of the project. B. Plaques, markers, and memorials added to a facility or sub -facility after its completion and opening will be designed and installed according to the City’s Dedication Plaque Policy. Fun for All Playground Fun for All Playground PO Box 9745 College Station, TX 77842 funforallplayground@gmail.com Donor Recognition and Naming Rights at Fun for All Playground The Fun for All Playground Fundraising Committee respectfully submits the following donor recognition and naming rights for approval by the Steering Committee and to be approved by the City of College Station at its February 2015 City Council meeting. The Fun for All Playground is expected to have a We lcome and Donor Plaza to serve as the main entry for all patrons of the park. Any donor who donates $250,000 or more, we recommend the naming rights be available (on a first come first serve basis), for the Welcome and Donor Plaza. For any donor who donates a minimum of $100,000, we recommend they have naming rights available for any one of the 15 zones within the park. We also recommend these 15 zones be made available on a first come first serve basis, to ensure fairness among donors for naming rights within the park. All other donors will be recognized within the Welcome and Donor Plaza, with special recognition specific to their level of support. $250,000+| Welcome and Donor plaza naming rights available $100,000 | Donor recognition with naming rights available at one of 15 zones $75,000-$99,999 | Platinum Donor $50,000-$74,999 | Gold Donor $25,000-$49,999 | Silver Donor $10,000 - $ 24,999 | Bronze Donor $1,000 - $9,999 | Park Fellow $1,000 | Donor Recognition in the Welcome and Donor Plaza $1-$999 | Recognition of donations to be grouped in the Welcome and Donor plaza by Citizens of Bryan/College Station, Brazos Valley and State of Texas. All donors will be recognized appropriately in all media, marketing, websites and donation literature. All donors will receive invitations to all events held for park fundraising, community engagement and construction. The Fundraising Committee aims to work with all donors to ensure accurate recognition of their donations. Respectfully submitted, Caleb W. Holt, Co-Chair Fundraising Committee City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0064 Name:Carter Creek WWTP Centrifuge Status:Type:Presentation Consent Agenda File created:In control:2/6/2015 City Council Regular On agenda:Final action:2/26/2015 Title:Presentation, possible action, and discussion regarding ratification of a cost increase (from $74,166 to $131,157.83) to the purchase order with Alfa Laval, Inc. to overhaul the centrifuge at the Carters Creek wastewater treatment plant, and approval of a cost increase (from $23,000 to $67,000) for rental of a belt press unit. Sponsors:David Coleman Indexes: Code sections: Attachments:Quote.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding ratification of a cost increase (from $74,166 to $131,157.83) to the purchase order with Alfa Laval, Inc. to overhaul the centrifuge at the Carters Creek wastewater treatment plant, and approval of a cost increase (from $23,000 to $67,000) for rental of a belt press unit. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation:Staff recommends approval. Summary: On August 14, 2014 City Council approved a purchase order in the amount of $74,166 to repair the centrifuge at the Carters Creek Wastewater Treatment Plant. The centrifuge is the equipment that removes waste solids from the sludge, which is vital to the efficient operation of the plant. City staff removed the centrifuge from the housing and delivered it to Alfa Laval, the original equipment manufacturer, in Houston. They disassembled the centrifuge and determined the full extent of required maintenance. Typical wear parts that we expected to need replacing were included in the original PO, but until the machine is removed from the housing and disassembled, there is no way to know everything that needs to be replaced. In this case, additional parts are required in both the housing and the centrifuge. In the housing, new lid seals and suspension pieces will be provided by Alfa Laval and installed by City staff. In the centrifuge, Alfa Laval will install a new gear box (which has been in service since 1985), new carbide injection nozzles (most of which are original), and 15 more tiles than were anticipated in the original PO. These items have been quoted at $56,991.83 which would make the total PO amount $131,157.83. These costs are reasonable and within industry standards. College Station, TX Printed on 2/20/2015Page 1 of 2 powered by Legistar™ File #:15-0064,Version:1 The additional repairs required to the housing and centrifuge have also extended the length of time we must rent the portable belt press unit, to handle solids while the centrifuge is out of service. Purchase order 140987 will now exceed $50,000 and require City Council approval, for a maximum final cost of $67,000. Staff proceeded with these cost increases to avoid an additional four week delay and even more additional costs for belt press rental. Staff therefore recommends ratification of the Alfa Laval purchase order, and approval of the belt press rental, since these are fair prices for a required equipment maintenance evolution. Budget & Financial Summary: Budget for this item is available in the Wastewater Operations budget. Contingency in the amount of $50,000 is budgeted in the Wastewater Operations Budget and this will be transferred to offset a portion of the unanticipated cost. Reviewed and Approved by Legal:Not required. Attachment: Quote College Station, TX Printed on 2/20/2015Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0066 Name:All-Way Stop at Victoria Avenue and Eagle Avenue Status:Type:Ordinance Consent Agenda File created:In control:2/8/2015 City Council Regular On agenda:Final action:2/26/2015 Title:Presentation, possible action, and discussion on the consideration of an ordinance amending Chapter 10, “Traffic Code”, Section 2 “Traffic Control Devices”, C “Four-Way Stop Intersections”, Traffic Schedule II - “Four-Way Stop Intersections”, of the Code of Ordinances of the City of College Station, Texas, by implementing an all-way stop control intersection at the intersection of Victoria Avenue and Eagle Avenue. Sponsors:Donald Harmon Indexes: Code sections: Attachments:4-Way Stop Sign Ord Map - Victoria @ Eagle.pdf 4-Way Stop Sign Ord - Victoria @ Eagle.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion on the consideration of an ordinance amending Chapter 10,“Traffic Code”, Section 2 “Traffic Control Devices”,C “Four-Way Stop Intersections”,Traffic Schedule II -“Four-Way Stop Intersections”,of the Code of Ordinances of the City of College Station,Texas,by implementing an all-way stop control intersection at the intersection of Victoria Avenue and Eagle Avenue. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ordinance amendment. Summary:To improve safety and mobility for automobiles,schoolchildren,pedestrians,and bicycles,an all-way stop is warranted at the intersection of Victoria Avenue and Eagle Avenue.An all-way stop at this intersection would provide a controlled crossing for parents on the west side of Victoria Avenue that wish to drive or walk their children to schools on the east side of Victoria. This change would have limited impact on vehicle mobility along Victoria Avenue. In the fall of 2014,citizens and parents in the area asked the City of College Station to consider an all-way stop at this intersection.Using data collected in March of 2014,an evaluation of mobility at this intersection indicates that an all-way stop would improve mobility for citizens living on the east side of Victoria wishing to travel to CSISD schools and city parks on the west side of Victoria.Based upon traffic data,automobile level of service in the AM peak period is Level of Service E for vehicles traveling eastbound in the morning on Eagle Avenue and Level of Service D for vehicles traveling Westbound in the morning Eagle Avenue.As an all-way stop intersection,all approaches are expected to operate at Level of Service C or better. This ordinance allows for the implementation and enforcement of an all-way stop at this intersection to improve safety and College Station, TX Printed on 2/20/2015Page 1 of 2 powered by Legistar™ File #:15-0066,Version:1 mobility for residents wishing to travel to CSISD schools and parks located in the area. Budget & Financial Summary: The installation of the Stop signs and Stop Bars is covered in the traffic operations budget. Attachments: 1.Ordinance 2.Location Map College Station, TX Printed on 2/20/2015Page 2 of 2 powered by Legistar™ Eag le Avenu e at Victoria AvenueAll-way Stop Controlled Intersection ± !"$ Creek View Ele mentary School Cypress Grove Intermediate School College Station High School Edelweiss G ard ens Park Cree k View Park ORDINANCE NO. __________________ AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, SECTION 2 “TRAFFIC CONTROL DEVICES”, C “FOUR-WAY STOP INTERSECTIONS”, TRAFFIC SCHEDULE II – “FOUR-WAY STOP INTERSECTIONS”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That amending Chapter 10, “Traffic Code”, Section 2 “Traffic Control Devices”, C “Four-Way Stop Intersections”, Traffic Schedule II – “Four-Way Stop Intersections”, of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit A, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than Twenty-Five Dollars ($25.00) or 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. Four-Way Stop Sign Ordinance 2 PASSED, ADOPTED and APPROVED this ______ day of _______________, 2014. APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Four-Way Stop Sign Ordinance 3 EXHIBIT “A” That Chapter 10, “Traffic Code”, Section 2 “Traffic Control Devices”, C “Four-Way Stop Intersections”, Traffic Schedule II – “Four-Way Stop Intersections” is amended to include the following: Victoria Avenue at Eagle Avenue City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0074 Name:2014 Police Department Traffic Contact Report Status:Type:Report Consent Agenda File created:In control:2/10/2015 City Council Regular On agenda:Final action:2/26/2015 Title:Presentation, possible action and discussion regarding the annual traffic contact report required annually by Senate Bill 1074, of the Texas 77th legislative session. Sponsors:Scott McCollum Indexes: Code sections: Attachments:Cover Letter.pdf Summary.pdf Action ByDate Action ResultVer. Presentation, possible action and discussion regarding the annual traffic contact report required annually by Senate Bill 1074, of the Texas 77th legislative session. Relationship to Strategic Goals: (Select all that apply) ·Core Services and Infrastructure Recommendation(s): This item is presented according to statutory requirements. Staff requests Council's acceptance of this report. Summary: Each year, in an effort to remain transparent to our community, the Police Department employs an independent consultant to analyze traffic stop data and develop this report. The report indicates that the department is in compliance with state law and continues to employ best practice strategies. Since January 1, 2002, the College Station Police Department, in accordance with the Texas Racial Profiling Law (SB No. 1074), has been required to implement and maintain policy and procedures to satisfy the requirements of the law. This report indicates that we are in compliance with the law. Budget & Financial Summary: N/A Attachments: 1. Cover letter to City Council- Dr. Alex del Carmen 2. Summary of Analysis- Dr. Alex del Carmen A full copy of 2014 Annual Traffic Contact Report can be viewed in the City Secretary's Office. College Station, TX Printed on 2/20/2015Page 1 of 1 powered by Legistar™ February 9, 2015 College Station City Council College Station, Texas 77842 Dear Distinguished Members of the City Council, In 2001, the Texas Legislature, with the intent of addressing the issue of racial profiling in policing, enacted the Texas Racial Profiling Law. Since, then College Station Police Department, in accordance with the law, has collected and reported traffic and motor vehicle- related contact data for the purpose of identifying and addressing (if necessary) areas of concern regarding racial profiling practices. In the 2009 Texas legislative session, the Racial Profiling Law was modified and additional requirements are now in place. These most recent requirements have been incorporated by the College Station Police Department and are also being addressed in this report. In this report, you will find three sections that contain information on traffic and motor vehicle- related contact data. In addition, when appropriate, documentation is also a component of this report, aiming at demonstrating the manner in which the College Station Police Department has complied with the Texas Racial Profiling Law. In section 1, you will find the table of contents in addition to the Texas Senate Bill (SB1074); which later became the Texas Racial Profiling Law. In addition, you will find the Texas HB 3389, which, in 2009, introduced new requirements relevant to racial profiling. Also, in this section, a list of requirements relevant to the Racial Profiling Law as established by TCOLE (Texas Commission on Law Enforcement) is included. In addition, you will find, in sections 2 and 3 documentation, which demonstrates compliance by the College Station Police Department relevant to the requirements as established in the Texas Racial Profiling Law. That is, you will find documents relevant to the implementation of an institutional policy banning racial profiling, the incorporation of a racial profiling complaint process and the training administered to all law enforcement personnel. The last section of this report provides statistical data relevant to contacts, made during the course of motor vehicle stops, between 1/1/14 and 12/31/14. In addition, this section contains the TCOLE Tier 1 form, which is required to be submitted to this particular organization by March 1st of each year. The data in this report has been analyzed and compared to data derived from the U.S. Census Bureau’s Fair Roads Standard. The final analysis and recommendations are also included in this report. The findings in this report serve as evidence of the College Station Police Department’s commitment to comply with the Texas Racial Profiling Law. Sincerely, Alex del Carmen, Ph.D. Del Carmen Consulting, LLC (III) Summary Checklist Checklist The following requirements were met by the College Station Police Department in accordance with The Texas Racial Profiling Law: Clearly defined act or actions that constitute racial profiling Statement indicating prohibition of any peace officer employed by the College Station Police Department from engaging in racial profiling Implement a process by which an individual may file a complaint regarding racial profiling violations Provide public education related to the complaint process Implement disciplinary guidelines for officer found in violation of the Texas Racial Profiling Law Collect data (Tier 1) that includes information on a) Race and ethnicity of individual detained b) Whether a search was conducted c) If there was a search, whether it was a consent search or a probable cause search d) Whether a custody arrest took place Indicate total number of officers who knew and did not know, the race/ethnicity of individuals before being detained. Produce an annual report on police contacts (Tier 1) and present this to local governing body and TCOLE by March 1, 2015. Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and audio documentation Contact Information Contact Information For additional questions regarding the information presented in this report, please contact: Del Carmen Consulting, LLC 817.681.7840 www.texasracialprofiling.com www.delcarmenconsulting.com Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting, LLC, is not liable for any omissions or errors committed in the acquisition, analysis, or creation of this report. Further, Dr. del Carmen/del Carmen Consulting is not responsible for the inappropriate use and distribution of information contained in this report. Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information contained in this report. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0089 Name:HOT Tax Legislation Status:Type:Resolution Consent Agenda File created:In control:2/12/2015 City Council Regular On agenda:Final action:2/26/2015 Title:Presentation, possible action and discussion of a Resolution expressing support of proposed bracketed legislation amending Section 351 of the State of Texas Tax Code, relating to the allocation of municipal hotel occupancy tax (HOT) revenue in certain municipalities, which bracket includes the Cities of Bryan and College Station, Texas. Sponsors:City Manager's Office Indexes: Code sections: Attachments:Resolution.pdf 02242015_HOT_Legislation.pdf HOT Tax Legislation Action ByDate Action ResultVer. Presentation, possible action and discussion of a Resolution expressing support of proposed bracketed legislation amending Section 351 of the State of Texas Tax Code, relating to the allocation of municipal hotel occupancy tax (HOT) revenue in certain municipalities, which bracket includes the Cities of Bryan and College Station, Texas. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Diverse Growing Economy Recommendation(s): Staff recommends approval of the resolution. Summary:The proposed bracketed legislation allows expanded utilization of hotel occupancy tax funds relative to the construction and operations of city-owned parks and recreational facilities.The City of Bryan initiated this legislation in partnership with the Texas Hotel &Lodging Association.A goal of the proposed bracketed legislation is to grow the number and size of tournaments attracted to the community.In doing so,the number of visitors to the community is increased,which should result in increased HOT tax revenue and sales tax revenue.Consequently,local hotels and retail businesses may benefit from additional visitors to the community.If this proposed legislation is approved,the Cities of Bryan and College Station will be provided another funding source for parks projects (e.g.,athletic facilities and fields)that can be used for tournaments and other activities/events that attract overnight visitors.The proposed legislation also provides for the use of HOT revenue funds to be used for the operation of such facilities/fields when used for tournaments that attract overnight visitors. College Station, TX Printed on 2/20/2015Page 1 of 3 powered by Legistar™ File #:15-0089,Version:1 The proposed bracketed legislation highlights include: ·Section 1 (amends Section 351.101(a)): o This bill applies to Bryan and College Station. o Bryan and College Station may use HOT funds for the construction, operational costs, or expansion of a sporting related facility/fields owned by the municipality-but only if the majority of the events at the facility/fields will be directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity. ·Section 2 (amends Section 351.1076): o Bryan and College Station may not use HOT revenue to acquire the land for the sports facility/fields. o If Bryan or College Station use HOT revenue under this new authority, for the 5 years following the expenditure, city must annually determine and prepare a report on: 1. The events held at the facility/fields, 2. The number of hotel room nights attributable to events at the facility/fields, and 3. The amount of hotel revenue generated by events at the facility/fields. o Operational expenses of the facility/fields can only be paid with hotel tax if the costs are directly related to a sporting event in which the majority of the participants are tourists who substantially increase economic activity at area hotels. o Prohibits spending HOT funds on the facility/fields in excess of the hotel revenue attributable to the expenditure. If this is violated, the city must repay the HOT fund from General Fund revenue. ·Section 3: provides an effective date The existing State statute and the proposed bracketed legislation include reporting requirements.In particular,Section 351.108 of the existing Tax Code addresses "Records"and the proposed legislation requires the preparation of an annual report on the events held at the facility/fields,the number of hotel room nights attributable to the event,and the amount of hotel revenue attributable to the event.City staff is working with CVB staff and College Station staff to be prepared to meet these requirements,if needed,in the future.Presently,City of Bryan Finance Department staff is familiar with and abides by reporting requirements that pertain to existing HOT revenue funds use. A comparison between current legislation and proposed legislation: Current legislation allows for the use of HOT revenue funds for the "enhancement and upgrading of existing sports facilities or fields" (Section 351.101(a)(7); the key word being existing. The proposed legislation provides for similar facilities/fields but for such to be constructed on property that is not in the City's existing inventory as a sports facility or field; this version provides flexibility to construct new facilities/fields on currently non-existing sports/parks complexes. If approved,the intent is to have the bracketed legislation introduced during the 2015 State legislation session.Ideally,the bracketed legislation is approved at the State level and effective September 1, 2015.Depending on future parks projects and facility/fields needs and based on direction from the City Council,the City could pursue using HOT revenue funds for the development of certain new facility/fields.According to Texas legislative policy,bills (i.e.,legislation)may be introduced for the first sixty (60)days of the legislative session.The 2015 Texas legislature convened on January 13, College Station, TX Printed on 2/20/2015Page 2 of 3 powered by Legistar™ File #:15-0089,Version:1 first sixty (60)days of the legislative session.The 2015 Texas legislature convened on January 13, 2015. Budget & Financial Summary: The objectives of the proposed legislation include:The proposed legislation provides that HOT revenue funds can be used as a funding source for the construction of new parks projects (e.g., athletic facilities and fields)used for tournaments that result in overnight stays.Additionally,the proposed legislation allows for the use of HOT funds for operations of events at these new facilities/fields that result in overnight stays.The proposed legislation does not allow for the use of HOT funds for general maintenance of facilities/fields. Attachments: Resolution Bracketed Legislation Texas Tax Code, Title 3 - Local Taxation College Station, TX Printed on 2/20/2015Page 3 of 3 powered by Legistar™ RESOLUTION NO __________ A RESOLUTION OF THE CITY COUNCIL OF COLLEGE STATION, TEXAS, TO SUPPORT THE INTRODUCTION AND PASSAGE OF PROPOSED BRACKETED LEGISLATION THAT WILL AMEND CHAPTER 351, SECTION 351.101(A), TAX CODE, BY ADDING SUBSECTION (13), AND CHAPTER 351, SECTION 351.1076 BY ADDING NEW SUBSECTION (B) AND RENUMBERING CURRENT SUBSECTIONS, IN ORDER TO ALLOW EXPANDED UTILIZATION OF HOTEL OCCUPANCY TAX REVENUE FOR THE CONSTRUCTION, OPERATION, OR EXPANSION OF SPORTING RELATED FACILITIES OR FIELDS OWNED BY THE CITY FOR THE PURPOSE OF PROMOTING TOURISM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of College Station, Texas is a Home Rule City, duly organized and functioning under the laws of the State of Texas; and WHEREAS, the City of College Station, as authorized by Chapter 351 of the Texas Tax Code, levies a local hotel/motel occupancy tax (HOT) to promote tourism within the city; and WHEREAS, the proceeds of this tax are used to promote a number of local events that bring overnight travelers to the City; and WHEREAS, the College Station City Council would like to provide more help in the improvement of the City’s sporting related facilities and fields to attract regional tournaments that bring overnight travelers to the City and increase the impact of municipal hotel occupancy tax funds for both the community at large and the hotel and lodging community; and WHEREAS, the City of College Station has worked in concert with the City of Bryan and the state and local hotel and lodging associations to draft proposed legislative language; and WHEREAS, it is the desire of this City Council that a copy of this resolution with appropriate names affixed and draft legislation attached be presented to the City’s state representative and state senator; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BRYAN, TEXAS: Section 1. That the Governor and members of the 84th Legislature of Texas seek passage of proposed legislative language maximizing the use and impact of revenue from the municipal hotel occupancy tax in the cities of Bryan and College Station Section 2. This Resolution shall be immediately effective upon its passage and adoption. Approved and adopted this 26th day of February, 2015. ATTEST: CITY OF BRYAN ________________________ Sherry Mashburn, City Secretary Nancy Berry, Mayor APPROVED AS TO FORM: __________________________________ Carla Robinson, City Attorney Page - 1 - By: __________________________________ ____.B. No. _____ A BILL TO BE ENTITLED AN ACT relating to allocation of revenue from the municipal hotel occupancy tax for a sporting related facility or fields for certain municipalities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 351.101(a), Tax Code, is amended by adding Subsection (13) to read as follows: (13) subject to Section 351.1076, for a municipality described in Subsection 351.101(a)(7)(B)(ii), for the construction, operations, or expansion of a sporting related facility or fields owned by the municipality, if the majority of the events at the facility or fields will be directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality. SECTION 2. Section 351.1076, Tax Code, is amended to read as follows: Sec. 351.1076. ALLOCATION OF REVENUE: CERTAIN MUNICIPALITIES. ____.B. No. _____ Page -2 - (a) A municipality that spends municipal hotel occupancy tax revenue for the enhancement and upgrading of existing sports facilities or fields as authorized by Section 351.101(a)(7): (1) shall determine the amount of municipal hotel occupancy tax revenue generated for the municipality by hotel activity attributable to the sports events and tournaments held on the enhanced or upgraded facilities or fields for five years after the date the enhancements and upgrades are completed; and (2) may not spend hotel occupancy tax revenue for the enhancement and upgrading of the facilities or fields in a total amount that exceeds the amount of area hotel revenue attributable to the enhancements and upgrades. (b) A municipality that spends municipal hotel occupancy tax revenue as authorized by Section 351.101(a)(13): (1) may not use municipal hotel occupancy tax revenue for the acquisition of land for the sports facility or fields; (2) shall annually determine and prepare a report on the events held at the facility or fields, the number of hotel room nights attributable to events held at the facility or fields, and the amount of hotel revenue attributable to the sports events and tournaments held on the enhanced or upgraded facilities or fields for five years after the date the construction, enhancements, upgrades, or operational ____.B. No. _____ Page -3 - expenditures are completed; and (2) may only spend hotel occupancy tax revenue for operational expenses of the facility or fields if the costs are directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity. (c) (b) The municipality shall reimburse from the municipality's general fund any expenditure made under Subsections 351.101(a)(7) or 351.101(a)(13) in excess of the amount of area hotel revenue attributable to the enhancements, and upgrades, construction under Subsection 351.101(a)(13), or operational expenses under Subsection 351.101(a)(13), to the municipality's hotel occupancy tax revenue fund. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0067 Name:ITS Master Plan Implementation - Year 1 Status:Type:Contract Consent Agenda File created:In control:2/8/2015 City Council Regular On agenda:Final action:2/26/2015 Title:Presentation, possible action and discussion regarding a Traffic System Signal Integration Services Agreement with Iteris Inc. to purchase services, equipment and maintenance of hardware and software associated with the first year of the implementation plan. The total cost of this agreement is not too exceed $971,262. Sponsors:Troy Rother Indexes: Code sections: Attachments:Iteris Contract.pdf Action ByDate Action ResultVer. Presentation, possible action and discussion regarding a Traffic System Signal Integration Services Agreement with Iteris Inc. to purchase services, equipment and maintenance of hardware and software associated with the first year of the implementation plan. The total cost of this agreement is not too exceed $971,262. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s):Staff recommends approving the contract. Summary:The ITS Master Plan implementation is a 3-5 year multi-phase project.The first year includes controllers for all of the existing signalized intersections (the purchase of these controllers was approved during the January 22,2014 City Council Meeting),switches,cameras,a server,generator and the construction of a Traffic Management Center.The purchase of this equipment is to replace the currently deployed signal equipment that is at the end of its useful life,as well as to add new equipment to the system that will allow communication to and monitoring of the equipment from a central location. Budget & Financial Summary:A budget of $4,575,000 is included for this project in the Streets Capital Improvement Projects Fund. It is anticipated that this project will be completed in phases and the planned funding is structured to reflect the project phasing. Certificates of Obligation in the amount of $4,500,000 are budgeted to be issued for this project. An additional $75,000 is budgeted to be transferred from the General Fund for the items that are not expected to be debt eligible. The debt for the project has not yet been issued, but will be issued in the future to coincide with project phasing. Only the amount needed will be issued. Attachments: College Station, TX Printed on 2/20/2015Page 1 of 2 powered by Legistar™ File #:15-0067,Version:1 1. Contract College Station, TX Printed on 2/20/2015Page 2 of 2 powered by Legistar™ TRAFFIC SIGNAL SYSTEM INTEGRATION SERVICES AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND ITERIS, INC. This Agreement (the “Agreement”) is made by and between the City of College Station, a Texas Municipal Home-rule Corporation (the “City") and Iteris, Inc., a Delaware corporation, ("Iteris" or “Contractor”). The City and Iteris may also be identified in this Agreement individually as a “Party” or collectively as “Parties”. 1. Scope of Services. Iteris shall provide all services as described in Exhibits A, B, and C, which are attached hereto and incorporated into this Agreement by this reference (the “Services”). a. Integration Services. Iteris shall provide Integration Services as described in Exhibit A, Integration Services Scope of Work. b. Third Party Software Licenses, Products and Warranties. Iteris shall provide all third party software licenses, products and warranties as described in Exhibit B Third Party Licenses, Products & Warranties. c. First Year Tactics Maintenance and Support. Iteris shall provide all Tactics maintenance and support as described in Exhibit C Tactics Maintenance and Support for the first 12 months following City acceptance of the Tactics Final Test. d. Annual Tactics Maintenance and Support. Iteris shall provide all maintenance and support as described in Exhibit C Tactics Maintenance and Support for subsequent 12-month periods when the City exercises its right to maintenance as described in Exhibit C. 2. Compensation a. City agrees to pay, and Iteris agrees to accept as total payment for its Services as set forth in Section 1, items a, b, and c above in an amount not to exceed $971,262.00 (the “Agreement Amount”) during the term of this Agreement. The amount shall be paid in accordance with Exhibit D, Payment Terms. Iteris shall not take any action causing the amount the City would be obligated to pay to Iteris to exceed the Agreement Amount. Notwithstanding any other provisions of this Agreement, the City shall not be obligated to pay to Iteris any amount in excess of the Agreement Amount, provided however, that this sum may be increased or decreased from time to time by the City in a written amendment to this Agreement. b. The City may, in writing to Iteris, exercise the right to maintenance and support one (1) year following acceptance of the Tactics system final test by the Contract No: 15-157 CRC Date: 2-2-15 City, the City will begin paying for annual Tactics maintenance and support described in Exhibit C, Tactics Maintenance and Support. Annual Tactics Maintenance and Support may be invoiced in a single invoice upon commencement of the maintenance and support period. c. Iteris shall submit invoices to City for Services completed during each invoicing period, which is a fiscal month. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures and the Texas Prompt Payment Act. d. In the event of a disputed or contested invoice, only the contested portion will be withheld from payment. City will pay the undisputed portion. No interest will accrue on any reasonably contested portion of the invoice until mutually resolved. e. After City has been invoiced and given a written thirty (30) days’ notice of failure to pay, if the City continues failing to pay any amount due and undisputed, Iteris then may, in addition to any other rights it may have at law or under this Agreement, suspend further Services until such failure to pay is remedied. 3. Term. Time is of the essence of this Agreement. a. The Services are to commence upon Iteris’ receipt of a Notice to Proceed from the City, following the execution of this Agreement by the City (the “Effective Date”). Integration Services as described in Section 1, item a. shall be completed no later than seven (7) months from such notice. The schedule for performance of the Integration Services tasks is shown in the Exhibit A Scope of Work. The Tactics Warranty Services in Exhibit B and First Year Tactics Maintenance and Support in Exhibit C shall begin upon completion and City acceptance of the final test and shall continue for twelve (12) months thereafter. Together the nineteen month period for completion of Integration Services and the First Year Tactics Maintenance and Support constitute the initial Term of this Agreement. This schedule and Term may be amended in writing if mutually agreed by the City and Iteris. b. Annual Tactics Maintenance and Support shall begin when the City exercises its right to maintenance and support as described in Exhibit C. 4. Modifications and Changes. This Agreement may not be altered, changed, or modified in any manner except upon the mutual written agreement of both Parties. 2 of 11 5. Termination a. Termination for Cause. The City may by written notice to Iteris, without prejudice to any other rights or remedies provided under this Agreement by law or in equity, terminate this Agreement for cause in whole or in part in any of the following circumstances: (1) If Iteris has been declared bankrupt, makes an assignment for the benefit of creditors, or is in receivership; or (2) If Iteris fails to materially perform the Services or make any delivery in accordance with the performance requirements or delivery schedules specified herein or any extension thereof; or (3) If Iteris (a) fails to observe or comply with any material provisions, terms, or conditions of this Agreement, or (b) fails to make progress so as to endanger performance of this Agreement in accordance with its terms. (4) In case of termination under (2), (3)(a) or (3)(b) above, Iteris shall have fifteen (15) days from date of delivery of notice to remedy the failure or provide a plan for remedy acceptable to the City. If, after termination for cause, the City determines for any reason that Iteris was not in default or that the failure was excusable, the rights and obligations of the Parties will be the same as if the notice of termination had been issued pursuant to termination for convenience. b. Termination for Convenience. (1) City may, at any time during the course of this Agreement, terminate for convenience Services under this Agreement whenever the City determines that such termination is in the best interest of the City. Any such termination shall be effected by delivery to Iteris of a notice of termination specifying the extent to which performance of Services under the Agreement is terminated, and the date upon which the termination becomes effective. (2) After receipt of a notice of termination, and except as otherwise directed by City, Iteris shall comply with all of the following requirements: i. Stop Services under the Agreement on the date and to the extent specified in the notice of termination. ii. Place no further orders or subcontracts for equipment, materials, services, or facilities except as necessary to complete 3 of 11 the portion of the Services under the Agreement that are not terminated. iii. Terminate, to the extent possible and practical, all orders and subcontracts that relate to the performance of Services terminated by the notice of termination. iv. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts. v. Transfer title to the City, and deliver in the manner, at the times, and to the extent, if any, directed by the City, work in process, completed work, equipment, software, documentation, supplies, and other material produced as a part of, or acquired in connection with the performance of Services terminated by the notice of termination. vi. Complete performance of such part of the Services not terminated by the notice of termination. vii. Take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to this Agreement, which is in the possession of Iteris and in which the City has or may acquire an interest. (3) Subject to the previous provisions, Iteris and the City shall agree upon the whole or any part of the amount or amounts to be paid to Iteris because of the total or partial termination of Services under this section. Completed Services shall be paid at the prices set forth in Exhibit B. Partially completed Services may include a reasonable allowance for profit on work completed. However, such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total Agreement Amount as reduced by the amount of payments otherwise made and as further reduced by the portion of the Services not terminated. Iteris shall have no right to recover lost profits on unperformed Work. The Agreement shall be amended accordingly, and Iteris shall be paid the agreed amount. 6. Standard of Care/Warranty a. All Services under this Agreement shall be performed in a manner consistent with the degree of care and skill ordinarily exercised by others performing the same or similar services under similar circumstances. Iteris represents that it has all rights necessary to fulfill the requirements of this Agreement and that Iteris, employees, and subcontractors are fully qualified to 4 of 11 perform hereunder. b. Iteris Products Limited Warranty. Unless otherwise specified in writing by an authorized Iteris representative, products marked as manufactured by or for Iteris or marked with a Iteris brand or trademark are warranted, at the time of shipment to City, to conform to Iteris’ published specifications and to be free from defects in material and workmanship. The occurrence of any of the following terminates Iteris’ Limited Warranty: (i) a product fails as the result, in whole or in part, of modification or repair of the product not conducted in conformity with Iteris’ approved procedures; (ii) a product fails as the result, in whole or in part, of improper or insufficient maintenance; (iii) a product is damaged due to, in whole or in part, electrical power surge, lightning strike, accident, negligence, improper storage, incorrect installation, incorrect operation, unusual deterioration due to physical environments in excess of limits set forth in product manuals, or any other type of abuse or misuse; or (iv) the removal of serial numbers, or the removal, mutilation or defacement of any part of a product. As a condition to making any claim under this Limited Warranty, City must request a Return Material Authorization (“RMA”) before the Limited Warranty terminates or expires. Provided that the Limited Warranty has not terminated or expired, Iteris shall issue the RMA and City shall have the right to return the non-conforming product, transportation prepaid, to Iteris for repair or, solely at Iteris’ option, replacement with new or reconditioned materials. Except for repair or replacement, Iteris shall be under no other liability to the City. This is a Limited Warranty only and, unless otherwise specified in writing by Iteris, shall expire thirty-six (36) months after the date of shipment of each unit of product to the City. Repaired or replaced Products have a Limited Warranty for the greater of ninety (90) days from the time of shipment or the remainder of the original warranty period. c. Non-Iteris Products. Hardware or software Products marked as manufactured or produced by others or marked with a brand or trademark of a party other than Iteris are warranted by the manufacturer or producer to the City in accordance with the warranty documentation provided by the manufacturer or producer. d. NO OTHER WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARISING BY LAW, CUSTOM OR CONDUCT, SHALL BE APPLICABLE. THE RIGHTS AND REMEDIES PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER RIGHTS OR REMEDIES. IN NO EVENT SHALL ITERIS HAVE ANY LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM USE OF THE PRODUCTS, OR AN INABILITY TO USE PRODUCTS EITHER 5 of 11 SEPARATELY OR IN COMBINATION WITH OTHER SOFTWARE, EQUIPMENT OR MATERIALS, OR FROM ANY OTHER CAUSE. 7. Ownership and Reuse of Documents a. City Documents. All drawings, specifications, test reports and other materials or work products prepared or furnished by City to Iteris under this Agreement (“City Documents”) shall remain City’s property. City shall make available to Iteris copies of these City Documents as necessary for Iteris to perform its obligations under this Agreement. b. Project Documents. Except to the extent that such items are derivatives or adaptations of Commercial Material as defined below, Iteris agrees title to all material originated or prepared by Iteris pursuant to this Agreement, including drawings, designs, specifications, reports, test plans, test procedures, reports, computer programs, websites, and other documents or records (“Project Documents”) shall be deemed to be “works made for hire” and shall be the sole property of the City. To the extent that title to any Project Documents may not, by operation of law, vest in City, or such Project Documents may not be considered “works made for hire,” Iteris hereby assigns all right, title and interest therein, including, without limitation, all copyrights, to Iteris. c. Commercial Material. Software and other materials developed or acquired independently of this Agreement, pre-existing materials, or software or other materials acquired or procured on a commercial basis from Iteris or its suppliers and any adaptations or derivatives thereof (“Commercial Material”) shall be owned and licensed to the City as set forth in ownership and licensing provisions for such Commercial Material. 8. Indemnification a. Indemnification. Iteris shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and reasonable attorneys’ fees, for injury to or death of any person or for damage to any property to the extent caused by or arising out of the work done by Iteris under this 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 except for the items the City is solely responsible for in the Scope of Services, any other party indemnified hereunder, Iteris, or any third party. 6 of 11 b. Legal Limitations. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Section 8 item a, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 9. Release. Iteris assumes full responsibility for the work to be performed hereunder and hereby according to the Scope of Services 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 or that is caused by, alleged to be caused by, arising out of, or in connection with Iteris’ 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, Iteris, or any third party. 10. Infringement. Iteris shall indemnify and hold harmless City and its customers from loss, damage or liability for infringement of a United States (U.S.) patent or U.S. copyright (“Intellectual Property”) arising out of the sale or use of Iteris Products or Services delivered to City hereunder (the “Indemnity”); provided that City notifies Iteris in writing within ten (10) days of City’s first notice of an infringement claim, threat or suit (“Infringement Claim”) and fully cooperates with Iteris in the defense of such Infringement Claim and the avoidance of infringement by, including but not limited to, providing Iteris any requested authority, information, and assistance necessary. Iteris shall be entitled, at its election, to assume the defense of any Infringement Claim. The foregoing Indemnity shall not apply when normally non-infringing Iteris Products or Services are rendered infringing by (i) City’s or its contractor’s alteration of Iteris Products or Services or the operation thereof, (ii) use of Iteris Products or Services in combination with other equipment or software, or (iii) Iteris’ modification of its products in compliance with the City’s specifications or instructions. Iteris shall have the right to resolve any Infringement Claim in the manner it deems appropriate, including, but not limited to, (i) obtaining a license from the owner of the alleged infringed intellectual property or (ii) modifying or replacing the alleged infringing Product with non-infringing Product. The foregoing Indemnity shall not extend to claims based on infringement of intellectual property outside the United States of America. Iteris’ sole obligation and liability to City and its customers with respect to indemnification of intellectual property claims shall be as set forth in this paragraph and specifically excludes indemnification for products not manufactured by or for Iteris. 7 of 11 11. Insurance. Iteris shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Iteris, its agents, representatives, volunteers, employees or subcontractors. The policies, limits and endorsements required are as set forth on Exhibit “C”. 12. Independent Contractor. In all activities or services performed hereunder, Iteris is an independent contractor and not an agent or employee of the City. Iteris, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for specific labor and materials to be furnished by the City as described herein, Iteris shall supply all materials, equipment and labor required for the execution of the work on the project. Iteris shall have ultimate control over the execution of its work under this Agreement. Iteris shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of Iteris or any of Iteris’ subcontractors except to the limited extent provided for in this Agreement. 13. Conflict of Interest. Iteris covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 14. City Employees and Officials. Iteris shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable conflict of interest provisions of the Texas Government Code. 15. Force Majeure. If the performance of this Agreement, or any other obligation under this Agreement is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion, or other casualty or accident or act of God; strikes or labor disputes; inability to procure or obtain delivery of parts, supplies, power, equipment, or software from suppliers; war or other violence; any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental authority; or any other act or condition whatsoever beyond the reasonable control of the affected Party, the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, restriction, or interference; provided, however, that the Party so affected shall take all reasonable steps to avoid or remove such causes of non-performance and shall resume performance with dispatch whenever such causes are removed. 8 of 11 16. General Provisions. a. Notices. Any official notices shall be in writing and delivered by hand, by facsimile, by nationally recognized private courier or by United States mail. Notices delivered by mail shall be deemed given two (2) business days after being deposited in the United States mail; postage prepaid, registered or certified mail, return receipt requested. Notices delivered by hand, by facsimile or by private carrier shall be deemed given on the first business day following receipt. All notices shall be delivered at the addresses set forth below unless changed by prior written notice. City: Iteris: City of College Station Iteris, Inc. Attn: Troy Rother Attn: Vice President Contracts P.O. Box 9960 1700 Carnegie Avenue Ste 100 College Station, TX 77842 Santa Ana, CA 92705 Fax: 979-764-3489 Fax: 949-270-9401 b. Jurisdiction – Venue. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of Texas. Both parties further agree that Brazos County, Texas, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. c. Compliance With Laws. Iteris shall in the performance of this Agreement comply with all applicable local, state, and federal laws, regulations, standards, codes and ordinances in force during the term of this Agreement. Iteris shall obtain and pay for all permits and licenses and provide such notices required by law that are associated with Iteris’ performance under this Agreement. d. Discrimination. Iteris shall not discriminate because of race, color, creed, religion, sex, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Iteris affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. e. Immigration. Iteris shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. Iteris will not knowingly obtain the labor or services of an undocumented worker. 9 of 11 f. Assignment. Neither the City nor Iteris will assign or transfer its interest in this Agreement without the written consent of the other, which consent shall not be unreasonably withheld. g. Rights and Remedies. All rights and remedies conferred by this Agreement, by any other instrument, or by law are cumulative and may be exercised singly or concurrently. If any provision of this Agreement is held invalid by any law or regulation of any government or by any court, such invalidity shall not affect the enforceability of any other provisions. No waiver of a breach of any provision of this Agreement shall constitute a waiver of any other breach of such provision or any other provision. h. Headings. The headings of the sections in this Agreement are included for convenience only and are not to be used in construing or interpreting the provisions hereof. i. Entire Agreement/Binding. City and Iteris agree that this Agreement and the exhibits and attachments cited herein constitute the complete and entire understanding between the Parties on this subject matter and supersede all prior agreements, proposals, representations, statements, or understandings whether written or oral. City and Iteris each binds itself, its officers, employees, successors and assigns to this Agreement. Signature Page Follows 10 of 11 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by and through their authorized representatives. The “Effective Date” of this Agreement shall be date of signature for last Party signing below. ITERIS, INC. By: Name: Title: Date: CITY OF COLLEGE STATION By: City Manager Date: APPROVED: City Attorney Date: Assistant City Manager/CFO Date: 11 of 11 Exhibit A SCOPE OF WORK City of College Station Traffic Signal System Upgrade Project 1. Project Background The City recently completed an Intelligent Transportation Systems (ITS) Master Plan that was adopted by the City Council. The City will be implementing recommendations from in the ITS Master Plan over a five-year period. The recommendations focus primarily on upgrading the central traffic signal software, upgrading all of the signal controllers to take advantage of the advanced capabilities that improve traffic operations, and upgrading the communication network from serial to IP/Ethernet to take advantage of the field and central system capabilities. The five-year plan includes field equipment upgrades, the central traffic signal system (ATMS) upgrade, traffic management center improvements and integration/support services to complete the upgrade, as highlighted by the project elements detailed below. a. Central Traffic Signal Software: The City currently uses Actra, which is a software system that is more than 15 years old and has reached its end of life. The current, upgraded version of Actra is Tactics 3.0. The City system will be upgraded to Tactics 3.0 that includes the software system and database, map graphics and migration of the existing traffic signal timing. This upgrade will be implemented in Year 1. b. Traffic Signal System Communications Network: The City’s traffic signal system is supported by City-owned fiber optic cable that supports communications to approximately 57 of the City’s 77 signalized intersections. The fiber optic cable is shared with City IT and the Traffic signal system has access to one fiber bundle. Currently, the City uses serial communications protocol, which also has exceeded its end of life; the current standard is Ethernet. Upgrading the traffic signal system to Ethernet will require an update to the City’s communication network in terms of equipment and fiber assignments, and also upgrading to an Ethernet IP addressing schema for the Traffic network. As a cost savings and time savings measure, the communications system upgrade will also include 17 Ethernet radios to establish communications with signalized intersections that currently do not have fiber optic cable to achieve high-bandwidth Ethernet communications. This upgrade will be implemented in Year 1. c. Traffic Signal Controller: The City currently uses a combination of M20, M40 and M52 traffic signal controllers. The M20s and M40s do not support Ethernet based communications and have exceeded end of life. The M52s do support Ethernet based communications but are not equipped with the current industry standard Linux board that increases functionality and improves equipment reliability. All 77 existing controllers will be upgraded to M52Ls (M52 with Linux board) plus 3 spare controllers. This upgrade will be implemented in Year 1. A-1 Exhibit A SCOPE OF WORK d. Conflict Monitor: The City’s existing conflict monitors have exceeded end of life and require upgrades to new Malfunction Management Units (MMUs) that support advanced traffic signal timing operations such as Flashing Yellow that both improves traffic management and safety. This upgrade will be implemented in Year 1. e. Traffic Signal Cabinet: The City’s existing traffic signal controller cabinets, NEMA TS-1, represent an older type of cabinet, and should be upgraded to newer NEMA TS2 Type I cabinets on an as-needed basis due to age or integrity of the cabinet. Some of the existing cabinets have been in service for 20 years or more, and the priority is to replace these cabinets first. 10 new cabinets will be implemented in Year 1. f. Traffic Signal Detection: Upgrading the communications network will allow the City to begin transmitting video and data from the existing video detection systems. This requires upgrading the video detection to Ethernet. The City’s existing Edge2 units require an upgrade with EdgeConnects only for the transmission of IP video and data to the signal shop TMC. Select existing locations will also receive upgraded cameras. 48 EdgeConnects and 23 WDR cameras will be implemented in Year 1. g. IP CCTV Cameras: The upgrade of the traffic signal system will include IP CCTV cameras at key locations to provide real time video monitoring of traffic operations, as recommended in the ITS Master Plan. The CCTV cameras will be Ethernet-based (IP video). 25 new CCTV cameras will be implemented in Year 1. At the TMC, implementation will include a DVR to allow the City to record intersections when needed for study purposes. h. Travel Time System: The upgrade of the traffic signal system will include a real-time travel time system consisting of Bluetooth or Wi-Fi sensors along key corridors, as recommended in the ITS Master Plan. The Travel-Time System will measure traffic congestion, link speeds, and determine travel times. The system will also provide alarms for congestion and incident detection. 22 new sensors will be implemented in Year 1. i. Municipal Court System Management Center: The upgraded traffic signal system will include a Traffic Management Center (TMC) located on the second floor of the Municipal Court building located on Krenek Tap Road. The TMC will consist of workstations that operate the traffic signal system, consoles for the Traffic Engineering staff to interface with the traffic signal system, and a video wall that will allow the Traffic Engineering staff to make the most effective use of the traffic signal system. This TMC will be designed and implemented in Year 1. j. Signal Shop Tactics Workstation: The upgraded traffic signal system to Tactics and Ethernet communications requires the implementation of a new Tactics workstation (PC) at the Signal Shop (Remote Tactics Workstation). The Remote Tactics Workstation will provide the signal technicians with access to A-2 Exhibit A SCOPE OF WORK the traffic signal system for real time monitoring and troubleshooting from the signal shop prior to making field trips. The Remote Tactics Workstation will be implemented in Year 1. k. Remote (Signal Shop) TMC: The upgraded traffic signal system will support the upgrade to a remote traffic management center (TMC) residing at the Signal Shop. The remote TMC will provide the signal technicians with full access to the traffic signal system for real time monitoring and troubleshooting from the signal shop prior to making field trips. The design only of the Signal Shop TMC will be completed in Year 1. 2. Year 1 Summary of Budget As noted, the upgrades above are planned to be implemented over a five-year period, and may ultimately include more items than noted. The Scope of Work in the next section summarizes the activities to be implemented in Year 1 to complete the City of College Station traffic signal system upgrade. The City has established a budget of approximately $1.5M for Year 1. The Year 1 budget includes funding for both the signal system upgrades and the City’s staff time associated with the Project, including funding for some IT upgrades to the shared fiber optic network. Based on information provided by the City, the approximate project budget required by the City is noted below. 1 Cabinets without MMUs $91,130 2 Controllers (80) $200,000 3 City staff time – Traffic Administration: $5,000 4 City staff time – Traffic Engineering $31,404 5 City equipment – Firewall $5,000 6 City equipment – Remote TMC Workstation and Equipment $5,000 7 City staff time – IT – Network $3,000 8 City staff time – IT – Communication $800 9 City equipment – Server $10,000 10 City equipment – Municipal Bldg generator $75,000 11 City Consultant – Architect for Signal Shop Upgrades Plans $20,000 12 City equipment – TMC PCs and TMC console $15,000 13 City Contractor – Construction of Municipal Bldg TMC $50,000 14 City Consultant – Architect for Court Building TMC $20,000 Total $531,334 A-3 Exhibit A SCOPE OF WORK Based on the approximate total budget and the City’s required funds noted above, the remaining budget for Year 1 scope is $971,262. 3. Iteris’ Year 1 Scope of Work Iteris has been selected by the City to be its contractor for Year 1. Iteris’ scope to match the Year 1 budget in Section 2 is provided in detail below. Pricing detail is provided Exhibit B. For the avoidance of doubt, nothing in this Agreement shall be construed as a commitment by the City to continue this contract or enter into any new contract with Iteris in subsequent years of the 5-year plan. Task 1: Project Management/Project Administration This task includes all project management activities related to the completion of the City of College Station Traffic Signal System Upgrade Project. Task 1.1 – Project Management This task will consist of the overall management of the project by the assigned project manager and support personnel of Iteris. This task includes the development of monthly progress reports, billing statements, task staffing plans, quality assurance of document deliverables, maintaining project schedule, maintaining project budget, coordinating overall activities of the Project Team, and being the main client point of contact for all project related discussions. Task 1.2 – Progress Reporting Throughout the duration of this project, Iteris shall develop monthly progress reports to accompany the invoice. The progress reports shall summarize the progress of each task/sub-task, identify the activities to be accomplished during the next progress period, identify any issues/concerns that could prohibit the accomplishment of future activities. Iteris shall also schedule and conduct recurring project progress report meetings with the Project Team to report project progress, provide opportunity to discuss issues, submit deliverables, receive feedback on submitted items reviewed, and discuss upcoming activities. A summary of “To-Do” items; responsibility, and status of those items will be provided at each meeting. These meetings may be scheduled as teleconferences / web conferences or face to face meetings. Meeting minutes will be produced by Iteris. A kick-off meeting will be held in month 1 of the contract in College Station with City staff, other stakeholders and Iteris staff. Task 1.3 – Project ftp Site Iteris will create and maintain the City of College Station Traffic Signal System A-4 Exhibit A SCOPE OF WORK Upgrade project ftp site for use by all members of the Project Team. This site will enable deliverables to be shared amongst the project team as needed and provide contact information for Project Team members. Assumptions: The project ftp site will be hosted by Iteris. It will be password protected. Deliverables (some deliverables may be combined): 1. Monthly Progress Reports 2. Progress Meeting Minutes 3. Updated Project Management Plan (PMP) 4. Project Schedule (including monthly updates 5. Project ftp site. Task 2: Traffic Signal System Upgrade Plan Iteris staff shall develop a detailed plan to systematically map the activities required to upgrade the traffic signal system that minimizes the disruption of the daily traffic signal operations. Task 2.1 – Field Infrastructure Analysis 1. Iteris will inventory, verify and validate the equipment in each traffic signal cabinet based upon the equipment list detailed in this scope. Currently, the IT fiber terminates on the fiber patch panel in the traffic signal controller cabinet. Iteris will work with the City IT Department to verify the communications in each cabinet. Iteris will provide an updated listing of existing equipment and communications at each cabinet. Iteris will utilize this information to develop the communication design. Task 2.2 – Develop Communication Design 1. Iteris will take the information obtained from the field inventory and baseline the current field communications network. 2. Iteris will identify the requirements necessary to design and implement the communications to support the upgraded system. 3. Iteris will develop the communication design based upon the requirements and coordinate with IT. A-5 Exhibit A SCOPE OF WORK Task 2.3 – Identify Field Equipment Needs 1. Iteris will take the information obtained from the field infrastructure analysis, system requirements and communication design, and document the specific equipment to be implemented at each location to implement the upgraded traffic signal system and communication network as noted below. a. Traffic Signal System upgrades in the Year 1 field equipment / intersections b. Traffic signal system upgrades for communication from TMC to the Year 1 field equipment / intersections Task 2.4 – Develop Field Network IP Address Schema 1. Iteris will identify the IP addressing scheme based on existing, planned and future traffic management devices. Iteris will analyze and provide recommendations to logically subnet the field network to minimize communication collisions, minimize conflicts between data and equalize the bandwidth availability of the network. Iteris will coordinate with IT. 2. The network design will detail the Ethernet communications network for the following project elements: a. TMC (Municipal Building) to the Year 1 Field Equipment, which will be implemented as part of the Year 1 scope of work b. TMC to the Remote Tactics Workstation located at the Signal Shop, which will be implemented as part of the Year 1 scope of work c. TMC to City Police for sharing and data collection of the traffic video (not to be implemented as part of the Year 1 scope of work) d. TMC to remote TMC (Signal Shop) for traffic signal system operations (not to be implemented as part of the Year 1 scope of work) Task 2.5 – Develop Traffic Signal System Upgrade Document 1. The City of College Station Traffic Signal System Upgrade Document will be a compilation of previously submitted documents developed under this task. Assumptions: 1. City IT will provide details on the communications network, fiber assignments, hub locations, etc. A-6 Exhibit A SCOPE OF WORK Deliverables (some deliverables may be combined): 1. Field Inventory/Verification Spreadsheet 2. System Requirements 3. Communication Design 4. Field Equipment List 5. Field Network IP Address Schema 6. Draft Traffic Signal System Upgrade Plan 7. Final Traffic Signal System Upgrade Plan Task 3: Equipment and Software Procurement and Delivery Iteris shall furnish field equipment as detailed in this Scope of Work to upgrade the field communication network to an Internet Protocol (IP) Ethernet based system and equipment and software for the municipal building TMC and Signal Shop workstations. Below is a summary listing of the equipment and software to be procured. A detailed listing of equipment and software by location is provided in table 1 at the end of this Exhibit and with unit prices in Exhibit B. If adjustments in quantities are required to complete the Year 1 scope, the unit pricing in Exhibit B will be used to determine price increases or decreases (if any) that may be incorporated into this Agreement by written amendment. 1. MMUs: 74 units 2. Hardened Ethernet Edge switches: 79 Edge switches with 16 TX ports and 2 LX SFPs, by Comnet, and fiber jumpers 3. Ethernet radios: 17 Pegasus radios 4. IP CCTV cameras: 25 CCTV cameras with brackets, CAT6 cable and hardened POE injectors 5. Travel time system: 22 Velocity units (locations to be determined in Task 2) 6. EdgeConnects: 48 EdgeConnects 7. WDR Cameras: 23 new WDR cameras at 6 existing Video Detection installations 8. Tactics: Tactics 3.0 traffic signal system software 9. Video management software: Cisco video management software 10. TMC Video Wall: Planar MX55HDS with Clarity Matrix G2 processor and mounting hardware, and VCS 11. Iteris’ VantageView video detection system central operations software A-7 Exhibit A SCOPE OF WORK Assumptions: 1. Iteris furnished equipment is itemized in Table 1 and with unit prices in Exhibit B 2. Iteris will provide the Ethernet cables for the connection of equipment in the cabinets 3. Delivery of equipment will be to a City-designated destination, which may be either to a City of College Station site or to Iteris’ Austin warehouse 4. Equipment acceptance occurs upon delivery to the City-designated destination and will be documented by a delivery notice Deliverables: 1. Equipment and Software 2. Delivery Notices Task 4: Field Equipment Installation and Verification The traffic signal system field equipment will be installed by a combination of City forces with Iteris oversight, or by Iteris forces, as noted herein. Iteris staff shall also configure the equipment to match the IP network designed in Task 2, and will assist City with oversight of installed equipment as noted herein. Equipment will be configured and validated prior to installation in the field and, upon installation, operation will be verified. This approach will significantly reduce the field implementation time. Iteris will also integrate existing equipment identified to remain in the cabinet on site, based on the final Traffic Signal System Upgrade Plan. Below is a summary listing of the field equipment to be configured and installed. Refer to Table 1 for a detailed listing of equipment locations. 1. Traffic signal controllers: 77 M52L controllers furnished, configured and installed by City staff, with IP addressing provided by Iteris 2. MMUs: 77 units installed by City staff, with Iteris oversight 3. NEMA TS2-1 controller cabinets: 10 to be furnished, configured and installed by City with Iteris oversight 4. Hardened Ethernet Edge switches: 79 Edge switches with 16 TX ports and 2 LX SFPs, by Comnet, and fiber jumpers, to be configured and installed by Iteris 5. Ethernet radios: 17 Pegasus radios configured by Iteris and installed by City staff with Iteris oversight 6. IP CCTV cameras: 25 CCTV cameras with brackets, CAT6 cable and hardened POE injectors (locations for Year 1 to be determined in Task 2) configured by A-8 Exhibit A SCOPE OF WORK Iteris and installed by City staff with Iteris oversight; vendor to be determined in Task 2 based on requirements of Cisco Video Management Software 7. EdgeConnects: 48 EdgeConnects at existing Edge2 locations configured by Iteris and installed by City staff with Iteris oversight 8. WDR Cameras: new WDR cameras (quantity 4 each) installed by City staff with Iteris oversight at 6 existing Video Detection installations (23 WDR cameras total) 9. Travel time system: 22 Velocity units (at locations identified to be determined in Task 2) configured and installed by Iteris Assumptions: 1. Iteris furnished equipment is itemized by location in Table 1 and with unit prices in Exhibit B 2. Installation of noted equipment will be done by City forces under on-site oversight of Iteris as needed 3. City staff will install timing plans and database, and configure new controllers 4. Iteris will provide the Ethernet cables for the connection of equipment in the cabinets. 5. Fiber optic cable terminations will be done by City forces under on-site oversight of Iteris 6. The City (IT) will provide Hub switches. City-provided hub switches will be compatible with Iteris provided equipment 7. Field equipment installation and verification acceptance occurs upon submittal of the installation verification notices Deliverables: 1. Field Equipment Installation & Verification Completion Notices Task 5: Municipal Building Traffic Management Center (TMC) Design & Installation Iteris shall complete the design of the TMC (City TMC) to be located in the Municipal Building. The area allocated for the City TMC area is approximately 20 feet by 16 feet. There is also the possibility to implement a conference room adjacent to the new TMC, by the City. Iteris shall furnish and install video wall, with other equipment and computer equipment being furnished, configured and installed by the City with Iteris oversight as needed. Iteris shall also install the latest version of Tactics to replace the City’s current ACTRA central software, on City-furnished PC and server A-9 Exhibit A SCOPE OF WORK equipment. The City TMC design and implementation will occur in Year 1. Task 5.1 –TMC Design The City of College Station plans a City TMC and adjacent conference room in the Municipal Courts Building to allow City traffic engineering staff to monitor and make timing plan changes. The TMC shall consist of a two-person workstation area, traffic management work stations with two computer monitors per workstation and a 4x2 video wall Planar (MX55HDS with Clarity Matrix G2 processor and mounting hardware furnished as part of Task 3). The TMC will also include a video recording solution (DVR) to allow recording and storing PTZ or stationary video images for traffic study purposes, but not for video archiving. Iteris shall develop a layout and supporting details to install and integrate the TMC workstations to the field network. These drawings shall be architectural and schematic in nature, not at a construction letting level. The City will procure the services of an Architectural/Engineering firm to prepare the construction level drawings for the TMC upgrades. Iteris will provide technical input and review of the construction level drawings. Iteris, working with the City Information Technology (IT) Department, will develop the communication plan meeting all of the City’s IT requirements. Iteris and City staff will review the location where the TMC equipment and software will reside. Task 5.2 –TMC Construction Based on the TMC layout, City forces will construct the building improvements to the TMC area including walls, flooring, networking, lighting/electrical, and HVAC. The City will be responsible for all architectural drawings and building permits for the TMC. Iteris will assist the City with review and coordination of the architectural design and construction. Task 5.3 –TMC Installation/Integration Iteris will install the video wall equipment and software at the TMC to allow the TMC software and systems to be viewed and controlled on the TMC video wall. Task 5.4 – Remote Video Sharing Iteris will configure the Cisco video management software to monitor and video from the City TMC and to allow the City to share video via the BVCNet. Iteris is not responsible for any upgrades to the BVCNet software, which is maintained by others for use by the City. A-10 Exhibit A SCOPE OF WORK At a future time, the City plans to implement a remote Police Department workstation (PD Workstation) for the sharing of video data from the City TMC. Iteris’ integration of the TMC will be completed to allow for this future feature to be completed by the City. Iteris will assist City IT to determine the requirements to implement the PD Workstation, but the implementation of the PD Workstation in not including in Iteris’ Year 1 scope. Task 5.5 – Traffic Signal System Upgrades Installation and Integration The City of College Station currently uses the Actra central software to monitor and communicate with each signalized intersection. The City’s current version of Actra is not supported by the vendor. Therefore, Iteris will upgrade the City’s Actra software with Tactics 3.0. Iteris staff will prepare the Tactics system and database with the information and configuration parameters necessary to communicate with the field devices. Iteris will work with the City Traffic and IT staff in providing the appropriate region and intersection graphics to be integrated into Tactics. Iteris staff will install Tactics on the workstations, will configure Tactics and integrate with the field devices. The City is migrating to a virtual server environment. Iteris staff will work with the City installing Tactics on a virtual server environment. Iteris will work with City IT in determining the appropriate server storage requirements. The Tactics installation and integration will include a remote Tactics workstation implemented at the City’s Signal Shop. Currently, the Signal Shop operated a PC that supports Actra and serial communications, which will be replaced with Tactics and Ethernet communications. City IT will provide the PC and other computer equipment to support the upgrade to the remote Tactics workstation. The remote Tactics workstation will be a remote workstation on the City’s network with access to the Tactics server. Iteris will also integrate the other traffic signal system upgrades implemented as part of the Year 1 scope including the Travel Time System, the video detection system, the video wall, video management software, remote TMC workstation, and communications network, to achieve the Traffic Signal System requirements as detailed in the Task 2 report. The TMC equipment is detailed below. 1. Servers will be furnished by City. 2. Two workstations each with dual monitors will be furnished by City. 3. One workstation at the Signal Shop will be furnished by the City 4. City TMC furniture, including the TMC console, will be furnished by the A-11 Exhibit A SCOPE OF WORK City 5. Iteris will configure and install a Planar 4 by 2 (8 monitors total) 55-inch monitor LED video wall with VCS Assumptions: 1. The City shall be responsible for all architectural and civil design aspects of the City TMC 2. The City will provide region and intersection maps 3. The City will provide all equipment not identified in Table 1 as being provided by Iteris and that is necessary to install and integrate a fully functioning system, including rack space for TMC computer equipment 4. The City will provide a suitable location to install all Tactics servers and workstations 5. The City will provide access to the local area network (LAN) infrastructure to access the City’s network Deliverables (some deliverables may be combined): 1. Site Readiness Review Completion Notice 2. Equipment Installation/Integration Completion Notices 3. Tactics Installation/Integration Completion Notices Task 6: Signal Shop TMC Design Iteris shall complete the design of the remote TMC to be located in the signal shop. The area allocated for the TMC area is approximately 25 feet by 33 feet and will accommodate an office space (15 feet by 20 feet) a bathroom (9 feet by 9 feet) and the TMC area (16 feet by 18 feet). Task 6.1 – Remote TMC Design The City of College Station desires a remote TMC in the traffic signal shop to allow the signal technicians to monitor and make timing plan changes from their office. The remote TMC shall consist of a two-person traffic management work station area, two workstation PCs each with two computer monitors per workstation, to be furnished and installed by the City with Iteris oversight. Iteris shall develop a layout and supporting details to install and integrate the remote TMC to the field network. These drawings shall be architectural and schematic in nature, but not at a construction letting level. The City will procure the services of an Architectural/Engineering firm to prepare the A-12 Exhibit A SCOPE OF WORK construction level drawings for the Signal Shop upgrades, including the TMC. Iteris will provide technical input and review of the construction level drawings. Iteris, working with the City Information Technology (IT) Department, will develop the communication plan meeting all of the City’s IT requirements. Iteris and City staff will review the location where the Remote TMC equipment and software will reside. Deliverables: 1. Remote TMC Design Plans Task 7: System Verification Iteris shall develop system verification test plans and perform verification testing to complete the fully functioning integrated traffic signal system. Task 7.1 – Develop Verification Test Plans Iteris staff will develop the Verification Test Plan to test the installation of the Signal System upgrades in the field and TMC against the requirements. The Verification Test Plan will be based upon the system and functional requirements for the software and equipment installed. Task 7.2 – System Test Iteris staff will conduct a system test of the Signal System upgrades. The system test procedures will follow the approved test plan approved in Task 7.1. Task 7.3 – Final Test Upon completion of the System Test in Task 7.2, the system will enter into a 30-day operational test period. During this period, Iteris will monitor the system remotely and identify/address all anomalies. City of College Station staff will also log all system anomalies. Final testing will be conducted jointly between City of College Station traffic staff and Iteris staff. The test procedures will involve the following steps. 1. Iteris and City staff will execute the test plan on the delivered system 2. Iteris staff will develop a punch list of any outstanding items 3. The city will review and approve the punch list 4. Iteris will provide any required software fixes and/or configuration changes 5. Iteris and City staff will perform testing on the punch list items A-13 Exhibit A SCOPE OF WORK 6. The City will sign off and accept the system Deliverables (some deliverables may be combined): 1. Verification Test Plans 2. System Testing Report 3. 30-day Operational Test Completion Notice 4. Final Testing Punch List Task 8: Training Iteris shall provide one 2-day on-site, hands-on training class with full set of training materials. The training will focus on operations and administrative functions. The training effort will allow the system users to become knowledgeable on the Tactics central control software, the IP CCTV camera system, the video detection system, the travel time system, and the video wall. The system operators will also learn the basics required for supporting and expanding the system. The training will be conducted over a two-day period. An outline of the training will be developed and presented to the City for review, comment and approval prior to conducting the first training session. During training, questions are encouraged and will be answered as they arise. In addition, time at the end of the training session will be provided for additional questions/discussion, and review of the covered material. The course will have hands on and problem solving activities. The training session will consist of making the system operators proficient in the Iteris installed systems and equipment. The overall emphasis will be oriented towards a workstation environment on how to command and control field devices. This will also include remote access training (i.e. accessing the system from a laptop or remote computer if one has proper clearance). Assumptions: 1. Training shall utilize previously developed training materials 2. The City shall provide the use of a suitable training facility with instructor and student workstations and presentation equipment Deliverables (some deliverables may be combined): 1. Training course outline and materials A-14 Exhibit A SCOPE OF WORK 2. Two-day Operator training 3. System Administrator training A-15 Exhibit A SCOPE OF WORK Figure 1 – Schedule Task 1 Project Management Task 2 Traffic Signal System Upgrade Plan Task 3 Field Equipment Finalize Field Hardware Details Hardware Procuremnt Task 4 Field Equipment Installation & Verification Field Hardware Delivery Field Hardware Configuration Field Hardware Installation Task 5 City TMC Design Hardware Procuremnt Installation by City Installation by Iteris System Installation and Inegration Task 5 Remote TMC Design Task 7 System Verification Develop Test Plan System Testing Final Testing Task 8 Training August SeptemberMarchAprilMay June July A-16 Exhibit A SCOPE OF WORK Table 1 – Iteris Furnished Equipment and Software by Location Field Equipment MMU COMMUNICATION CCTV TRAVEL TIME DETECTION INTERSECTION MMU Fiber Ethernet Switch Wireless Radio IP CCTV w/ mount bracket (Locations TBD) Bluetooth/ Wifi (Locations TBD) Edge Connect VIVIDS Upgrade (WDR Cameras) 1 University & Copperfield 1 1 1 1 2 University & Glenhaven 1 1 1 3 University & Forest 1 1 1 4 University & Springloop 1 1 1 5 Tarrow & Springloop 1 1 1 6 University & E. Tarrow 1 1 1 7 University & Tarrow 1 1 1 8 University & Texas 1 9 University & Polo 1 1 1 10 University & 308 1 1 11 University & Spence 1 1 1 12 University & Nagle 1 1 13 University & Asbury 1 1 1 14 University & Houston 1 1 1 15 University & Boyett 1 1 1 16 University & Wellborn 1 1 1 17 University & Agronomy 1 1 1 1 18 University & Vet School 1 1 1 19 University & Discovery 1 1 1 1 Quantity 18 19 3 0 0 16 0 20 Harvey Mitchell & F&B 1 1 1 1 21 Harvey Mitchell & George Bush 1 1 1 22 Wellborn & George Bush 1 1 1 23 Wellborn & Joe Routt 1 1 1 24 Wellborn & Old Main 1 1 1 Quantity 5 5 1 0 0 5 0 25 George Bush & Jones Butler 1 1 1 26 George Bush & Olsen 1 1 1 27 George Bush & Houston 1 1 1 1 28 George Bush & Dexter 1 1 1 1 29 George Bush & Timber 1 1 1 A-17 Exhibit A SCOPE OF WORK Field Equipment MMU COMMUNICATION CCTV TRAVEL TIME DETECTION INTERSECTION MMU Fiber Ethernet Switch Wireless Radio IP CCTV w/ mount bracket (Locations TBD) Bluetooth/ Wifi (Locations TBD) Edge Connect VIVIDS Upgrade (WDR Cameras) 30 George Bush & Anderson 1 1 1 31 George Bush & Dominik 1 1 1 Quantity 7 7 6 0 0 3 0 32 Harvey & George Bush 1 1 33 Harvey & Dartmouth 1 1 34 Harvey & Munson 1 1 35 Harvey & Post Oak Mall West 1 1 36 Harvey & Post Oak Mall 1 1 37 Harvey & Copperfield 1 1 Quantity 6 6 0 0 0 0 0 38 Holleman & Dartmouth 1 1 1 39 Holleman & George Bush 1 1 1 40 Holleman & Anderson 1 1 41 Holleman & Glade 1 1 1 42 Holleman & Welsh 1 1 1 43 Holleman & Wellborn 1 1 1 Quantity 6 6 0 0 0 5 0 44 Southwest & Wellborn 1 1 45 Southwest & Welsh 1 1 46 Southwest & Southwood 1 1 47 Southwest & Glade 1 1 48 Southwest & Anderson 1 1 49 Southwest & Dartmouth 1 1 Quantity 6 6 0 0 0 0 0 50 Harvey Mitchell & Longmire 1 1 1 51 Harvey Mitchell & Southwood 1 1 52 Harvey Mitchell & Rio Grande 1 1 1 53 Harvey Mitchell & Welsh 1 1 1 1 54 Harvey Mitchell & Wellborn N. 1 1 1 55 Harvey Mitchell & Wellborn S. 1 1 1 56 Harvey Mitchell & Holleman 1 1 1 A-18 Exhibit A SCOPE OF WORK Field Equipment MMU COMMUNICATION CCTV TRAVEL TIME DETECTION INTERSECTION MMU Fiber Ethernet Switch Wireless Radio IP CCTV w/ mount bracket (Locations TBD) Bluetooth/ Wifi (Locations TBD) Edge Connect VIVIDS Upgrade (WDR Cameras) 57 Harvey Mitchell & Luther 1 1 1 Quantity 6 8 4 0 0 6 0 58 Rock Prairie & Wellborn 1 1 1 59 Rock Prairie & Victoria/Welsh 1 1 1 60 Rock Prairie & Rio Grande 1 1 1 61 Rock Prairie & Longmire 1 1 1 Quantity 4 4 0 0 0 4 0 62 Barron Rd. & Victoria Ave. 1 1 63 Barron Rd. & William D. Fitch 1 1 64 William D. Fitch & Arrington 1 1 1 65 William D. Fitch & Lakeway 1 1 1 66 Longmire & Decon 1 1 1 Quantity 5 5 2 0 0 1 0 67 Texas & Decon 1 1 1 68 Texas & Harvey Mitchell 1 1 1 4 69 Texas & Krenek Tap 1 1 1 70 Texas & Southwest 1 1 1 4 71 Texas & Brentwood 1 1 1 4 72 Texas & Manuel 1 1 1 4 73 Texas & Holleman 1 1 1 4 74 Texas & Harvey 1 1 1 3 75 Texas & George Bush 1 1 1 76 Texas & Walton 1 1 77 Texas & Lonestar 1 1 Quantity 11 11 1 0 0 8 23 78 Misc. Intersections 2 Total Field Equipment Quantity 74 79 17 25 22 48 23 TMC Equipment & Software Location Tactics 3.0 Software Planar Video Wall Cisco Video Management System Vantage View Software TMC 1 1 1 1 Quantity 1 1 1 1 0 0 0 A-19 Exhibit B THIRD PARTY LICENSES, PRODUCTS AND WARRANTIES 1. Tactics 3.0 Software License and Warranty. a. The Software License and Warranty for the Tactics 3.0 software is set forth in the Siemens Industry, Inc. Software License/Warranty Addendum dated March 1, 2010 (Rev.1) as provided on the following page. b. Iteris hereby transfers the Software License and Warranty for the Tactics 3.0 software to the City in accordance with the provisions of Section 1 (b) of the Software License and Warranty. c. As specified in the Software License and Warranty, Iteris is the “Buyer” and City is the “Siemens-authorized transferee”. d. During the 12-month period following City acceptance of the Final Test, Iteris shall provide warranty administration and the first contact support for any license or warranty services. Siemens will provide warranty services to City as a supplier to Iteris. B-1 Exhibit B THIRD PARTY LICENSES, PRODUCTS AND WARRANTIES Siemens Industry, Inc. Software License/Warranty Addendum March 1, 2010 (Rev. 1) This Addendum applies to software furnished by Siemens and replaces the Limited Warranty provisions of Siemens’ Standard Terms and Conditions of Product Sales. All other terms and conditions contained in Siemens’ Standard Terms and Conditions of Product Sales apply and are unaffected by this Addendum. 1. Software License, Warranty, Fees. (a) Siemens hereby grants to Buyer: a non-exclusive, non-transferable right to use the computer software program licensed under this Contract in machine-readable, object code form and any modifications made by Siemens thereto ("Software"), but only in connection with the configuration of the goods and operating system for which the Software is ordered and for the end-use purpose stated in the related Siemens operating documentation. Buyer agrees that neither it nor any third party shall modify, reverse engineer, decompile or reproduce the Software, without Siemens’s prior written consent, except for making a single copy for backup or archival purposes in accordance with the related Siemens operating documentation, and provided that Siemens's confidential and proprietary legend is included. Except to the extent that the parties otherwise agree in writing, Buyer’s license to use the copy of such Software shall terminate upon breach of this license or the Contract by Buyer, including, without limitation, breach of payment or confidentiality obligations. All copies of the Software are the property of Siemens, and all copies for which the license is terminated shall be returned to Siemens promptly after termination. (b) Siemens may authorize Buyer (such as a Siemens distributor or original equipment manufacturer) to transfer this software license and warranty to a third party (“Siemens-authorized transferee”). Such authorization to transfer shall be in writing and signed by a Siemens authorized representative. Siemens-authorized transferee shall have the same rights and obligations as Buyer, except it shall not have the right to transfer such license. (c) Siemens warrants that on the date of shipment of the Software only to Buyer or Buyer’s Siemens-authorized transferee hereunder that: (1) the Software media contain a true and correct copy of the Software and are free from material defects; (2) Siemens has the right to grant the license hereunder; and (3) the Software will function substantially in accordance with the related Siemens operating documentation. Siemens disclaims any warranty that the operation of the Software will be uninterrupted or error free. This warranty does not apply to software delivered by Siemens but produced by others. The warranty for software produced by others shall be the warranty as stated by the software producer. (d) ) If within one (1) year from date of initial installation (but not more than eighteen (18) months from date of shipment by Siemens to Buyer) of Software, Buyer or its Siemens-authorized transferee hereunder discovers that the Software is not as warranted above and promptly notifies Siemens in writing, within this period of time, of the nonconformity, and if Siemens cannot correct the nonconformity or deems correction to be commercially impracticable or prohibitively expensive, Buyer’s and Buyer’s Siemens-authorized transferee’s exclusive remedies, at Siemens’s option and expense, are: (1) replacement of the nonconforming Software; or (2) termination of this license and a refund of an equitable, pro rata share of the Contract price or license fee paid. (e) This warranty will apply for the period specified in (d) above, provided that: (1) the Software is not modified, changed, or altered by anyone other than Siemens or its suppliers, unless authorized by Siemens in writing; (2) there is no change by anyone other than Siemens to the goods for which the Software is ordered; (3) the goods are in good operating order and are installed in a suitable operating environment; (4) the nonconformity is not caused by Buyer, Buyer’s Siemens-authorized transferee, or any of their agents, servants, employees, or contractors, or any third party; (5) Buyer or Buyer’s Siemens- authorized transferee promptly notifies Siemens in writing, within the period of time set forth in (d) above, of the nonconformity after it is discovered; and (6) all fees for the Software due to Siemens have been paid. SIEMENS HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE. (f) ) Buyer and successors of Buyer are limited to the remedies specified in this Addendum and shall have no others for a nonconformity in the Software. Buyer agrees that these remedies provide Buyer and its successors with a minimum adequate remedy and are their exclusive remedies, whether Buyer’s or successors’ remedies are based on contract, warranty, tort (including negligence), strict liability, indemnity, or any other legal theory, and whether arising out of warranties, representations, instructions, operating documentation, installations, or non-conformities from any cause. (g) Unless otherwise provided in the contract, the fees for this Software license are included in the purchase price of the goods. Any subsequent modifications or enhancements to the Software made by Siemens are, at Siemens’s option, subject to a fee. Siemens Industry, Inc. Software License / Warranty Addendum March 1, 2010 (Rev. 1) / Legal B-2 Exhibit B THIRD PARTY LICENSES, PRODUCTS AND WARRANTIES 2. Cisco End User License a. The Cisco End User License and Warranty is set forth in the Cisco End User License provided on the following two pages. b. Iteris shall confirm that the City is identified as the “Registered End User”. c. During the warranty period, Iteris shall assist the City as needed to obtain warranty services from Cisco. B-3 Cisco Systems, Inc. www.cisco.com Cisco has more than 200 offices worldwide. Addresses, phone numbers, and fax numbers are listed on the Cisco website at www.cisco.com/go/offices. © 1998, 2001, 2003, 2008–2013 Cisco Systems, Inc. All rights reserved. End User License Agreement 78-3621-01S0 IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. IT IS VERY IMPORTANT THAT YOU CHECK THAT YOU ARE PURCHASING CISCO SOFTWARE OR EQUIPMENT FROM AN APPROVED SOURCE AND THAT YOU, OR THE ENTITY YOU REPRESENT (COLLECTIVELY, THE "CUSTOMER") HAVE BEEN REGISTERED AS THE END USER FOR THE PURPOSES OF THIS CISCO END USER LICENSE AGREEMENT. IF YOU ARE NOT REGISTERED AS THE END USER YOU HAVE NO LICENSE TO USE THE SOFTWARE AND THE LIMITED WARRANTY IN THIS END USER LICENSE AGREEMENT DOES NOT APPLY. ASSUMING YOU HAVE PURCHASED FROM AN APPROVED SOURCE, DOWNLOADING, INSTALLING OR USING CISCO OR CISCO-SUPPLIED SOFTWARE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CISCO SYSTEMS, INC. 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Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which the Agreement may be incorporated, Customer may provide to Government end user or, if the Agreement is direct, Government end user will acquire, the Software and Documentation with only those rights set forth in the Agreement. Use of either the Software or Documentation or both constitutes agreement by the Government that the Software and Documentation are "commercial computer software" and "commercial computer software documentation," and constitutes acceptance of the rights and restrictions herein. Identified Components; Additional Terms. The Software may contain or be delivered with one or more components, which may include third-party components, identified by Cisco in the Documentation, readme.txt file, third-party click-accept or elsewhere (e.g. on www.cisco.com) (the "Identified Component(s)") as being subject to different license agreement terms, disclaimers of warranties, limited warranties or other terms and conditions (collectively, "Additional Terms") than those set forth herein. You agree to the applicable Additional Terms for any such Identified Component(s). Limited Warranty Subject to the limitations and conditions set forth herein, Cisco warrants that commencing from the date of shipment to Customer (but in case of resale by an Approved Source other than Cisco, commencing not more than ninety (90) days after original shipment by Cisco), and continuing for a period of the longer of (a) ninety (90) days or (b) the warranty period (if any) expressly set forth as applicable specifically to software in the warranty card accompanying the product of which the Software is a part (the "Product") (if any): (a) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (b) the Software substantially conforms to the Documentation. The date of shipment of a Product by Cisco is set forth on the packaging material in which the Product is shipped. Except for the foregoing, the Software is provided "AS IS". This limited warranty extends only to the Software purchased from an Approved Source by a Customer who is the first registered end user. Customer's sole and exclusive remedy and the entire liability of Cisco and its suppliers under this limited warranty will be (i) replacement of defective media and/or (ii) at Cisco's option, repair, replacement, or refund of the purchase price of the Software, in both cases subject to the condition that any error or defect constituting a breach of this limited warranty is reported to the Approved Source supplying the Software to Customer, within the warranty period. Cisco or the Approved Source supplying the Software to Customer may, at its option, require return of the Software and/or Documentation as a condition to the remedy. In no event does Cisco warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Cisco does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack. Restrictions. This warranty does not apply if the Software, Product or any other equipment upon which the Software is authorized to be used (a) has been altered, except by Cisco or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Cisco, (c) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; or (d) is licensed for beta, evaluation, testing or demonstration purposes. The Software warranty also does not apply to (e) any temporary Software modules; (f) any Software not posted on Cisco's Software Center; (g) any Software that Cisco expressly provides on an "AS IS" basis on Cisco's Software Center; (h) any Software for which an Approved Source does not receive a license fee; and (i) Software supplied by any third party which is not an Approved Source. DISCLAIMER OF WARRANTY EXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD REFERRED TO IN THE "LIMITED WARRANTY" SECTION ABOVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose. Disclaimer of Liabilities-Limitation of Liability. IF YOU ACQUIRED THE SOFTWARE IN THE UNITED STATES, LATIN AMERICA, CANADA, JAPAN OR THE CARIBBEAN, NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL LIABILITY OF CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM OR IF THE SOFTWARE IS PART OF ANOTHER PRODUCT, THE PRICE PAID FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). IF YOU ACQUIRED THE SOFTWARE IN EUROPE, THE MIDDLE EAST, AFRICA, ASIA OR OCEANIA, NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL LIABILITY OF CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER TO CISCO FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM OR IF THE SOFTWARE IS PART OF ANOTHER PRODUCT, THE PRICE PAID FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). NOTHING IN THE AGREEMENT SHALL LIMIT (I) THE LIABILITY OF CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS TO CUSTOMER FOR PERSONAL INJURY OR DEATH CAUSED BY THEIR NEGLIGENCE, (II) CISCO'S LIABILITY FOR FRAUDULENT MISREPRESENTATION, OR (III) ANY LIABILITY OF CISCO WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW. Disclaimer of Liabilities-Waiver of Consequential Damages and Other Losses. IF YOU ACQUIRED THE SOFTWARE IN THE UNITED STATES, LATIN AMERICA, THE CARIBBEAN OR CANADA, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CISCO OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE OR OTHERWISE AND EVEN IF CISCO OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ACQUIRED THE SOFTWARE IN JAPAN, EXCEPT FOR LIABILITY ARISING OUT OF OR IN CONNECTION WITH DEATH OR PERSONAL INJURY, FRAUDULENT MISREPRESENTATION, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE OR OTHERWISE AND EVEN IF CISCO OR ANY APPROVED SOURCE OR THEIR SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ACQUIRED THE SOFTWARE IN EUROPE, THE MIDDLE EAST, AFRICA, ASIA OR OCEANIA, IN NO EVENT WILL CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, BE LIABLE FOR ANY LOST REVENUE, LOST PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF, IN EACH CASE, CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT FULLY APPLY TO YOU. THE FOREGOING EXCLUSION SHALL NOT APPLY TO ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH: (I) DEATH OR PERSONAL INJURY, (II) FRAUDULENT MISREPRESENTATION, OR (III) CISCO'S LIABILITY IN CONNECTION WITH ANY TERMS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. Customer acknowledges and agrees that Cisco has set its prices and entered into the Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties. Controlling Law, Jurisdiction. If you acquired, by reference to the address on the purchase order accepted by the Approved Source, the Software in the United States, Latin America, or the Caribbean, the Agreement and warranties ("Warranties") are controlled by and construed under the laws of the State of California, United States of America, notwithstanding any conflicts of law provisions; and the state and federal courts of California shall have exclusive jurisdiction over any claim arising under the Agreement or Warranties. If you acquired the Software in Canada, unless expressly prohibited by local law, the Agreement and Warranties are controlled by and construed under the laws of the Province of Ontario, Canada, notwithstanding any conflicts of law provisions; and the courts of the Province of Ontario shall have exclusive jurisdiction over any claim arising under the Agreement or Warranties. If you acquired the Software in Europe, the Middle East, Africa, Asia or Oceania (excluding Australia), unless expressly prohibited by local law, the Agreement and Warranties are controlled by and construed under the laws of England, notwithstanding any conflicts of law provisions; and the English courts shall have exclusive jurisdiction over any claim arising under the Agreement or Warranties. In addition, if the Agreement is controlled by the laws of England, no person who is not a party to the Agreement shall be entitled to enforce or take the benefit of any of its terms under the Contracts (Rights of Third Parties) Act 1999. If you acquired the Software in Japan, unless expressly prohibited by local law, the Agreement and Warranties are controlled by and construed under the laws of Japan, notwithstanding any conflicts of law provisions; and the Tokyo District Court of Japan shall have exclusive jurisdiction over any claim arising under the Agreement or Warranties. If you acquired the Software in Australia, unless expressly prohibited by local law, the Agreement and Warranties are controlled by and construed under the laws of the State of New South Wales, Australia, notwithstanding any conflicts of law provisions; and the State and federal courts of New South Wales shall have exclusive jurisdiction over any claim arising under the Agreement or Warranties. If you acquired the Software in any other country, unless expressly prohibited by local law, the Agreement and Warranties are controlled by and construed under the laws of the State of California, United States of America, notwithstanding any conflicts of law provisions; and the state and federal courts of California shall have exclusive jurisdiction over any claim arising under the Agreement or Warranties. For all countries referred to above, the parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. Notwithstanding the foregoing, either party may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of such party's intellectual property or proprietary rights. If any portion hereof is found to be void or unenforceable, the remaining provisions of the Agreement and Warranties shall remain in full force and effect. Except as expressly provided herein, the Agreement constitutes the entire agreement between the parties with respect to the license of the Software and Documentation and supersedes any conflicting or additional terms contained in any Purchase Order or elsewhere, all of which terms are excluded. The Agreement has been written in the English language, and the parties agree that the English version will govern. Product warranty terms and other information applicable to Cisco products are available at the following URL: www.cisco.com/go/warranty Cisco and the Cisco logo are trademarks or registered trademarks of Cisco and/or its affiliates in the U.S. and other countries. To view a list of Cisco trademarks, go to this URL: www.cisco.com/go/trademarks. Third-party trademarks mentioned are the property of their respective owners. The use of the word partner does not imply a partnership relationship between Cisco and any other company. (1110R) 78-3621-01S0 Exhibit B THIRD PARTY LICENSES, PRODUCTS AND WARRANTIES 3. Planar Systems, Inc. Large Format and Video Wall LCD Products Standard Limited Warranty a. The Planar Standard Limited Warranty dated June 1, 2014 is set forth in the following five pages. b. Iteris is an authorized distributor for Planar. c. During first 12-months following installation, Iteris shall provide warranty administration and the first contact support for any warranty services. Planar will provide warranty services to City as a supplier to Iteris. B-7 - 11 ------------- 1 MSRP is defined as the most recent product price listed on Planar’s price list. Page 1of 5 Effective Date: June 1, 2014 Planar LCD Standard Limited Warranty Document Number: 005-0053-00G +1-866-752-6271 ts@planar.com +33 5 63 78 38 10 emeats@planar.com Planar Systems, Inc. (“Planar”) Large Format and Video Wall LCD Products Standard Limited Warranty Congratulations on your purchase of a Planar Large Format or Video Wall LCD! With proper installation, setup and care, you should enjoy many years of unparalleled image quality, reliability, and performance. This Standard Limited Warranty is provided free of charge by Planar with the purchase of a covered Planar product: Clarity™ Matrix, Planar® Mosaic™, Planar® EP-Series™, Planar® LookThru™, Planar® WeatherBright™, Planar® UltraRes™ Series, and Planar® UltraLux™ Series. The following terms and conditions of the Planar Standard Limited Warranty represent a contract between us, Planar, and you, the customer who has purchased a Planar large format or video wall LCD product from Planar or a Planar distributor or dealer. This Standard Limited Warranty applies to purchases of covered Planar products occurring on or after the effective date noted below. Planar reserves the right to change the terms of this warranty. Such changes shall apply to purchases of covered Planar products that occur on or after the effective date of the revised warranty. Features: • 3-year protection from defects in material and workmanship • Advanced shipment of replacement part or product • Access to 24x7 emergency phone support Warranty Coverage Planar warrants its products to be free from defects in material and workmanship during the warranty period provided below. If, in Planar’s determination, a product proves to be defective in material or workmanship during the warranty period, Planar will replace the defective part with a similar new or like new part. If the issue is deemed a manufacturing defect with the LCD, Planar will replace the product with a similar new or like new product. If replacement of the part or product is determined by Planar to not be commercially feasible, Planar will refund a prorata share of the purchase price (calculated based on the remainder of the warranty period and the then-current MSRP1 of a similar product). Length of Warranty All large format and video wall LCDs are warranted for three (3) years from the date of shipment from Planar. All accessories, field replaceable units (FRUs), and Planar® Indisys™ integrated components which include, but are not limited to cables, remotes, power supplies, and controller boards purchased at the time of the initial product purchase are warranted for three (3) years from the date of shipment from Planar. ------------- 1 MSRP is defined as the most recent product price listed on Planar’s price list. Page 2of 5 Effective Date: June 1, 2014 Planar LCD Standard Limited Warranty Document Number: 005-0053-00G +1-866-752-6271 ts@planar.com +33 5 63 78 38 10 emeats@planar.com All accessories, field replaceable units (FRUs), and Indisys integrated components which include, but are not limited to cables, remotes, power supplies, and controller boards, purchased after the initial product purchase are warranted for ninety (90) days from the date of shipment from Planar. Eligibility This Standard Limited Warranty covers product purchased from Planar or a Planar dealer or distributor and is valid only for the first customer who purchased the covered product. The Planar dealer or distributor may contact Planar Technical Support on your behalf in the event of a product defect. This warranty is not transferable. You may be required to provide evidence of proof of purchase. Replacement Guidelines Planar’s LCD products are designed to be easily serviceable by the customer. The majority of parts in each LCD are built as modules that can be replaced quickly; these modules are called Field Replaceable Units (FRUs). It is often easier and more cost effective for customers to replace modules than to send the entire display back to Planar’s factory for repair. If the issue is deemed a manufacturing defect with the LCD panel, Planar will issue a replacement for a similar new or like new product. In the event of a product defect, please follow the warranty replacement procedure below: 1. Contact Planar Technical Support via email or phone. Email addresses are: (U.S) ts@planar.com or (France) emeats@planar.com . Technical support phone hotlines are: (U.S) 1-866-752-6271 or (France) +33 5 63 78 38 10 2. Provide the serial number, product model number, purchase date, description of the problem, and troubleshooting steps already attempted. 3. Planar Technical Support staff will attempt to correct any minor issues that might be causing the problem. If Planar is unable to resolve the problem through troubleshooting, a return material authorization (RMA) number will be issued for the defective part or product if it is determined that the claim was made within the coverage period of the Standard Limited Warranty and a replacement will be sent to the customer. 4. Planar will ship the replacement part or product via ground shipping (or the least expensive shipping method). Customer is responsible for excess charges for any other method of shipping that may be requested. 5. Upon receipt of the replacement part or product, customer should inspect the packaging and materials for shipping damage. Report all damage immediately to the carrier and/or Planar Service Representative. 6. Customer will have thirty (30) calendar days from the date of receipt of the Advance Replacement part or product to return the defective part or product to the Planar authorized return facility or Planar will invoice customer and customer shall pay Planar within thirty (30) calendar days from invoice date for the current market price of the Advance Replacement part or product. Planar reserves the right to refuse warranty service for a past due account. Customer shall: a. Return the defective part or product in the box in which the Advance Replacement part or product was shipped. LCDs must be shipped on a pallet in a vertical position. b. Return only the defective part or product. Planar will not be responsible for returning or ------------- 1 MSRP is defined as the most recent product price listed on Planar’s price list. Page 3of 5 Effective Date: June 1, 2014 Planar LCD Standard Limited Warranty Document Number: 005-0053-00G +1-866-752-6271 ts@planar.com +33 5 63 78 38 10 emeats@planar.com replacing any accessories (as mentioned in the Length of Warranty section) that are returned to Planar with the defective product. c. Return the part to the repair location specified by the Planar Service Representative. Clearly mark the RMA number on the shipping box. Verify that the RMA number on the shipping box matches the RMA number for the defective part being returned. d. Customer is responsible for all return shipping charges, which include but are not limited to freight charges, taxes, duties, and insurance. Warranty Exclusions This Standard Limited Warranty does not include or is limited by the following: 1. Products not purchased from Planar or an authorized Planar distributor or dealer. 2. Shipment delivery time and availability may vary based on origin and destination and Planar is unable to deliver to PO Box and FPO Box addresses. 3. Rental costs incurred by the customer in the event of product defect or failure. 4. Any product on which the serial number has been defaced, modified or removed. 5. Labor and/or travel costs for repairs, adjustments to display settings, installation services, or other labor costs incurred by customer in the event of product defect or failure. 6. Damage, deterioration, or malfunction resulting from: A. Accident, abuse, misuse, neglect, improper ventilation, fire, explosion, water, lightning, or other acts of nature, smoke exposure (cigarette or otherwise), unauthorized product modification (including use of an unauthorized mount), or failure to follow instructions supplied with the product. B. Any labor associated with repair, or attempted repair, by anyone other than Planar. C. Any damage to the product due to shipment. D. Any damage during the removal or installation of the product. E. Causes external to the product, such as electric power fluctuations or failure. F. Use of supplies or parts not meeting Planar's specifications. G. Normal wear and tear. H. Customer caused defects, including but not limited to: cracked LCD, scratched LCD, blemished LCD (dark spot larger than 1/16 inch), or scratched/defaced/altered plastics. I. Any damage or dissatisfaction associated with latent images, “burn-in,” or any other damage determined by Planar to be the result of customer use patterns. J. Failure to follow maintenance procedures as outlined in the product’s User Guide where a schedule is specified for regular maintenance of the product. K. Any other cause, which does not relate to a product defect in material or workmanship. L. Operating the display outside the suggested normal usage conditions stated in the User Guide. M. Temporary Image Retention as a result of displaying a static image for long periods of time. N. Cosmetic sagging, non-uniformity, image retention, shortened lifespan, and/or degraded optical performance as a result of using the display in an orientation different from the recommendations outlined in the product’s User manual. 7. Any costs for on-site removal, installation, set-up, or other labor services. Miscellaneous Return Issues 1. Planar will not accept returned product unless the RMA number that has been previously issued by Planar is shown on the outside of the box. ------------- 1 MSRP is defined as the most recent product price listed on Planar’s price list. Page 4of 5 Effective Date: June 1, 2014 Planar LCD Standard Limited Warranty Document Number: 005-0053-00G +1-866-752-6271 ts@planar.com +33 5 63 78 38 10 emeats@planar.com 2. If the defective product is returned and determined to be excluded from warranty per any of the exclusions noted above, Planar reserves the right to charge the customer an amount not to exceed the Manufacturer’s Standard Retail Price (MSRP1). 3. If product is returned and is deemed to be a No Fault Found (NFF) unit, Planar reserves the right to invoice the customer for cost incurred by Planar. 4. It is the responsibility of the customer to properly package the defective product and ship it to the address provided by the Customer Service representative with the RMA number prominently displayed. If the defective Product is not properly packaged by customer and is damaged in transit during its return to Planar, depending on method used, the customer may be charged for either the repair costs, if repairable, or the MSRP of a replacement product. 5. Replacement parts or product will assume the remainder of the original product’s warranty or ninety (90) days, whichever is longer. 6. The customer agrees that they will retain the replacement part or product delivered by Planar and that the customer’s returned defective part or product shall become the property of Planar. For additional information or the name of the nearest Planar service center, contact your Planar distributor or call Planar at 1-866-752-6271 or at +33 5 63 78 38 10 or email us at ts@Planar.com or emeats@planar.com . Expanded Product Service Plans and Professional Service Options Planar offers expanded product service plans and professional service options for purchase by customer. Contact Planar for information at +33 5 63 78 38 10 or 1-866-752-6271 or email us at emeats@planar.com or ts@Planar.com. Exclusion of Implied Warranties PLANAR PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE EXPRESSLY PROVIDED IN THE DOCUMENT. PLANAR EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Exclusion of Damages PLANAR'S MAXIMUM AGGREGATE LIABILITY IS LIMITED TO THE COST OF ONE OF THE FOLLOWING REMEDIES: (1) REPLACEMENT WITH A SIMILAR NEW OR LIKE NEW PRODUCT; OR (2) REFUND OF THE LESSER OF A PRO RATA SHARE OF THE CURRENT MSRP AS DETERMINED BY THE REMAINDER OF THE WARRANTY PERIOD IF REPLACEMENT OF THE PRODUCT IS NOT COMMERCIALLY FEASIBLE. THE REMEDY CHOSEN WILL BE IN GOOD FAITH AND AT THE DISCRETION OF PLANAR. PLANAR WILL NOT BE LIABLE FOR DAMAGE TO OTHER PROPERTY OR DAMAGES BASED UPON INCONVENIENCE, LOSS OF USE OF THE PRODUCT, LOSS OF TIME, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, INTERFERENCE WITH BUSINESS RELATIONSHIPS, OR OTHER COMMERCIAL OR FINANCIAL LOSS, EVEN IF PLANAR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE. PLANAR WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR ANY OTHER TYPE OF DAMAGES, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, ------------- 1 MSRP is defined as the most recent product price listed on Planar’s price list. Page 5of 5 Effective Date: June 1, 2014 Planar LCD Standard Limited Warranty Document Number: 005-0053-00G +1-866-752-6271 ts@planar.com +33 5 63 78 38 10 emeats@planar.com PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. PLANAR WILLNOT BE LIABLE FOR ANY CLAIM MADE AGAINST YOU BY ANY OTHER PARTY. Effect of Local Law This warranty gives you specific legal rights, and you may have other rights, which vary from locality to locality. Some localities do not allow limitations on implied warranties and/or do not allow the exclusion of incidental or consequential damages, so the above limitations and exclusions may not apply to you. Exhibit C TACTICS MAINTENANCE AND SUPPORT 1. Tactics Maintenance and Support. a. Tactics 3.0 maintenance and support will be provided under the Siemens Pro Support Plan, which includes both Basic Support and Pro Support as described in Sections 2 and 3 below. b. During the initial 12-month period following City acceptance of the Final Test and any subsequently authorized Annual Maintenance and Support period, Iteris shall provide the first contact support for any maintenance and support services. Siemens will provide maintenance and support services to City as a supplier to Iteris. c. Tactics Maintenance and Support fees for the initial 12-month period following City acceptance of the final test are included in the Agreement Amount as set forth in Section 2 item a. of this Agreement. d. Tactics Maintenance and Support Fees are $11,000.00for any Annual Tactics Maintenance and Support period authorized in years 2 through 4 following the initial 12-month period. 2. Basic Support The Basic Support Plan provides the City with unlimited telephone, email priority, and remote access support for one year. City is allowed unlimited email and telephone support from the Siemens ITS Technical Support Center as outlined below: a. Telephone Support – available Monday through Friday during normal business hours. The Technical Support Desk telephone number is (877) 420-2070. b. Email Support – email support is available 24 hours per day, seven days per week. The Technical Support Center email address is STSSupport.mobility@siemens.com. c. Public Webinars – Siemens hosts Public Informational Webinars which the City will be invited to attend at no charge. Obtain the latest feature overview and information about product development and services offered by Siemens. 3. Pro Support Plan – Includes Basic Support AND a. Database Optimization – Maximize storage, improve performance, reduce unexpected downtime, and reduce software compatibility issues. b. Annual Health Check – Onsite visit by a Siemens technician for a complete system check to improve overall system performance, reduce unexpected downtown and reduce software compatibility issues. c. Remote Access Support – Remote access support is available Monday through Friday normal business hours. Remote access is a connection from the Siemens Technical Support Center to C-1 Exhibit C TACTICS MAINTENANCE AND SUPPORT the customer’s system workstation/server through a secure virtual connection. The City has a visible view of operator functions during the connection. This support is provided with the acceptance that it is the customer’s responsibility to provide a secure connection accessible to Siemens Technical Support Center. d. Software Updates – Unlimited software updates will be provided during the year, if new releases are available. The updates will come as a CD only and do not include additional support for installation of the updates. The updates will be available to the service plan holder for the term of the service plan. The update will be subject to the current license agreement and the number of licensed users. The one year time frame is calculated from date of execution of the current service contract. Updates are not provided for software products other than the original purchased package and do not cover features not listed in the original sales order. e. Product Training Classes – 1 Day training class in Austin, Texas on Tactics on how to use new features and functionality for up to 10 people. C-2 Exhibit D Payment Terms 1. Agreement Amount Iteris shall not take any action whatsoever that could cause the amount for which the City would be obligated to pay to Iteris to exceed the Agreement Amount set forth in Section 2 of the Agreement. Notwithstanding any other provisions of this Agreement, the City shall not be obligated to pay to Iteris any amount in excess of the aforementioned sum, provided however, that this sum may be increased from time to time by The City in writing. 2. Compensation – Firm Fixed Price (Ffp) – Services And Fixed Unit Prices – Hardware/Software a. As total compensation for Scope of Work to be performed by Iteris as specified in this Agreement, the City shall pay Iteris the fixed price amount specified in 2b below for each of Tasks 1, 2, 4, 5, 6, 7 and 8 and the fixed unit price specified in 2c below for each unit of equipment delivered under Task 3. Such fixed price amounts and fixed unit prices shall be inclusive of all Iteris’ cost (i.e., labor, overhead, material, travel, subsistence, other costs, expenses, etc.) and profit or fee. The City shall not have any liability for any other costs or expenses incurred by Iteris in performance of Work. b. Task 1, 2, 4, 5, 6, 7 and 8 Prices Description Price Task 1 - Project Management $22,792.00 Task 2 - Traffic Signal System Upgrade Plan $85,846.00 Task 4 - Field Equipment Installation & Verification $38,926.00 Task 5 - Court Building TMC $105,893.00 Task 6 – Signal Shop Remote TMC $11,360.00 Task 7 – System Test $28,579.00 Task 8 – Training $23,386.00 Subtotal $316,782.00 D-4 Exhibit D Payment Terms c. Task 3 Quantity, Unit Prices, and Extended Amounts Fixed Description Qty Unit Price Ext. Amount Field Equipment Malfunction Management Unit 74 742.00$ 54,908.00$ Fiber Ethernet Switch 79 1,298.00$ 102,542.00$ Wireless Radio 17 1,873.00$ 31,841.00$ IP CCTV with mounting hardware 25 4,242.00$ 106,050.00$ Iteris Vantage Velocity Bluetooth/Wireless 22 1,818.00$ 39,996.00$ Iteris Vantage EdgeConnect 48 2,323.00$ 111,504.00$ Vivids Upgrades (WDR Cameras)23 960.00$ 22,080.00$ Subtotal Field Equipment 468,921.00$ TMC Equipment and Software Siemens Tactics 3.0 Software & License 1 57,500.00$ 57,500.00$ Planar Video Wall 1 98,059.00$ 98,059.00$ Cisco Video Management System 1 25,000.00$ 25,000.00$ Iteris VantageView Software & License 1 5,000.00$ 5,000.00$ Subtotal TMC Equipment & Software 185,559.00$ Total Equipment and Software 654,480.00$ d. Total Amount Items (2b) and (2c) $971,262.00 3. Invoices a. Services. Iteris may invoice services for Tasks 1, 2, 4, 5, 6, 7 and 8 based upon the percentage of completion claimed for each task as reported in the monthly progress report. Each invoice shall provide a detailed listing of each Task and the percentage of completion claimed, the total billable amount based upon percentage of completion, the amount previously billed, and the net current billable amount. b. Equipment and Software. Iteris may invoice equipment and software for Task 3 at the fixed unit price for each unit delivered during the month to the City-designated location as documented by delivery notice. D-5 Exhibit E Insurance Requirements 1. The Contractor agrees to maintain, at the Contractor’s sole expense throughout the term of the Contract, the following insurance as required in this Contract: a. Commercial General Liability b. Business Automobile Liability c. Workers' Compensation d. Professional Liability 2. For each of these policies, the Contractor’s insurance coverage shall be primary with respect to the City, its officials, agents, employees and volunteers. Any insurance or self-insurance carried or obtained by the City, its officials, agents, employees or volunteers, shall be considered in excess of the Contractor’s insurance and shall not contribute to it. No term or provision of the indemnification provided by the Contractor to the City pursuant to this Contract shall be construed or interpreted as limiting or otherwise affecting the insurance coverage requirements. All Certificates of Insurance, issued by the carrier or the carrier’s agent on the most current State of Texas Department of Insurance-approved forms, shall be furnished to the City’s Representative at the time of execution of this Agreement, attached hereto as Exhibit F, and approved by the City before work commences. 3. Commercial General Liability Insurance: a. Coverage shall be written by a carrier licensed and authorized to do business in Texas, and rated A: VIII or better in accordance with the current A. M. Best Key Rating Guide. b. Minimum Limits of Liability of $1,000,000 per occurrence with a $2,000,000 annual aggregate limit. c. No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for City’s review and acceptance. d. The coverage shall include but not be limited to: premises/operations; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein); and where exposures exist, Explosion, Collapse and Underground (XCU) coverage. e. The policy shall be endorsed to list the City as Additional Insured, to waive rights of subrogation in favor of the City, and to be primary and non-contributory with regard to any self-insurance or insurance policy held by the City. f. The policy shall be endorsed to show the policy shall not be canceled, non-renewed, or reduced in limits of liability except after thirty (30) days’ E-1 Exhibit E Insurance Requirements written notice has been provided to the City. 4. Business Automobile Liability Insurance: a. Coverage shall be written by a carrier licensed and authorized to do business in Texas, and rated A: VIII or better in accordance with the current A. M. Best Key Rating Guide. b. Minimum Combined Single Limit of $1,000,000 per occurrence for bodily injury and property damage. c. The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. d. The coverage shall include any autos, owned autos, leased or rented autos, hired and non-owned autos. 5. Workers’ Compensation Insurance The Workers’ Compensation Insurance shall include the following terms: a. Employer’s Liability limits of $1,000,000 for each accident/disease/employee is required. b. “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy. c. Texas must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: All Other States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. 6. Professional Liability Insurance: a. Coverage shall be written by a carrier licensed and authorized to do business in Texas, and rated A:VIII or better in accordance with the current A. M. Best Key Rating Guide. b. Minimum of $1,000,000 per occurrence and $2,000,000 aggregate, with a maximum deductible of $100,000.00. Financial statements shall be furnished to the City upon request. c. For “claims made” policies, availability of a 24-month extended reporting period shall be required. E-2 Exhibit F CERTIFICATE OF INSURANCE F-1 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY) LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2/10/2015 Woodruff-Sawyer & Co. 50 California Street, Floor 12 San Francisco CA 94111 Iteris, Inc. 1700 Carnegie Avenue, Suite 100 Santa Ana CA 92705-5551 Berkley National Insurance Company Illinois Union Insurance Company Zurich American Insurance Company American Guarantee and Liability In 38911 16535 26247 27960 Corinne Ford 415-391-2141 415-989-9923 cford@wsandco.com ITERINC-01 104229632 C Y Y CP05532880 4/1/2014 4/1/2015 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 X X X X X PD Ded. None BI Ded. None C Y Y X X X CP05532880 4/1/2014 4/1/2015 1,000,000 Owned/Hired Comp/Coll Ded's $500 D X X X 0 AUC5532881 4/1/2014 4/1/2015 25,000,000 25,000,000 A TWC700100812 4/1/2014 4/1/2015 X 1,000,000 1,000,000 1,000,000 Y B Professional Liability Clamis Made Form Retro-Date 01/01/1991 G21656045011 4/1/2014 4/1/2015 Limit $5,000,000/ Deductible $50,000 Agg $5,000,000 RE: Traffic Signal System Integration Services City of College Station, its officials, agents, employees and volunteers are included as Additional Insured, coverage is considered Primary and Non-Contributory and Notice of Cancellation applies with respect General Liability and Auto Liability per forms attached. Waiver of Subrogation applies with respects General Liability, Auto Liability and Workers' Compensation per forms attached. College Station, City of Ms. Cheryl Turney, Asst. Director of Fiscal Servic 1101 Texas Avenue College Station TX 77842 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV ± Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. RE: Traffic Signal System Integration Services City of College Station, its officials, agents, employees and volunteers are included as Additional Insured, coverage is considered Primary and Non-Contributory and Notice of Cancellation applies with respect General Liability and Auto Liability per forms attached. Waiver of Subrogation applies with respects General Liability, Auto Liability and Workers' Compensation per forms attached. CP05532880 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0098 Name:Re-Naming of Raintree Park to Art and Myra Bright Park Status:Type:Resolution Consent Agenda File created:In control:2/18/2015 City Council Workshop On agenda:Final action:2/26/2015 Title:Presentation, possible action, and discussion regarding a Resolution changing the name of Raintree Park to Art and Myra Bright Park. Sponsors:David Schmitz Indexes: Code sections: Attachments:NAMING OF CITY FACILITIES AND SUB-FACILITIES APPROVED.pdf Art and Myra Bright Park FINAL.pdf Raintree ReNaming Resolution.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a Resolution changing the name of Raintree Park to Art and Myra Bright Park. Recommendation(s): Staff recommends approval. Summary:The request for re-naming of Raintree Park to Art and Myra Bright Park comes from Henry Wittner,who represents the Raintree neighborhood where Raintree Park is located.The Brights were long-time residents of College Station and particularly,the Raintree neighborhood, having built the first home in the Raintree subdivision.During that time,they were instrumental in donating of their time and resources to several community organizations.Art Bright was an A&M graduate,whose accomplishments included teaching math,coaching and serving as principal at A&M Consolidated High School;work as the Energy Manager at CSISD upon his retirement from teaching;volunteer work with children and being the superintendent on approximately 25 Habitat of Humanity homes.His wife,Myra Bright,worked for twenty years at the Texas Transportation Institute,retiring as the Assistant Director of Fiscal Affairs.She has played organ for the Faith Church in College Station for over 40 years,also volunteering with her husband in constructing Habitat for Humanity homes in the City and has devoted countless hours to residents of the Hudson Creek Alzheimer's Care Unit. The City Naming of Facilities and Sub-Facilities Policy sets forth the guidelines for naming and changing of names for Park facilities.The Brights meet those guidelines under Sections B and C (Art Bright having died January 4, 2015). Budget & Financial Summary: NA College Station, TX Printed on 2/20/2015Page 1 of 2 powered by Legistar™ File #:15-0098,Version:1 Attachments: 1) College Station guidelines for the City Facilities Naming Policy 2) Raintree Park re-naming request 3) Resolution College Station, TX Printed on 2/20/2015Page 2 of 2 powered by Legistar™ Approved by Council May 24, 2012 CITY OF COLLEGE STATION NAMING OF CITY FACILITIES AND SUB-FACILITIES Approved May 24, 2012 PURPOSE To establish uniform procedures and criteria for the naming of City -owned facilities and sub-facilities located in the City of College Station. DEFINITIONS Facility: Major City-owned buildings, parks and trails built for permanent use. Sub-Facility: Minor City-owned structures within a Major Facility, including but not limited to: swimming pools, pavilions, tennis courts, large water features, t rail sections or meeting rooms. POLICY The City Council shall have the authority to name City-owned facilities and sub-facilities according to the procedures and criteria established below. General Naming Criteria and Guidelines. In order to be considered a qualifying name, the proposed name for a facility or sub -facility must satisfy one of the following criteria: A. Be descriptive of a geographic location or a significant natural feature in or near the facility, or an adjoining subdivision, street, or school. B. Commemorate historical events, groups or individuals that remain of continued importance to the City, region, State, and/or Nation. C. Commemorate individuals who are deceased and have a history of exceptional community service or contributions to the facility’s best interests and purposes, such as: a. Involvement in a leadership role in civic organizations that are devoted to community improvement; b. Assistance to the underprivileged, as well as people with physical or intellectual disabilities; c. Active promotion of effective programs for youth or senior citizens within the community; d. Active promotion of and organizing community events and activities that have enriched the quality of life within the community; e. Active promotion of and directed efforts to impro ve the aesthetic appearance and environmental quality of the community; or Approved by Council May 24, 2012 f. Leading efforts to collect, promote and retain the historical heritage of the community. D. Commemorate individuals who made significant contributions to the City’s acquisition or development of the facility. a. If a facility is named to commemorate or honor an individual or group, the relative importance of the facility to be named after the individual or group should match the respective stature, characteristics and contributions. The following circumstances may be considered in naming of a facility after a donor, benefactor or group: i. Land for the majority of the facility was deeded to the City; ii. Contribution of a minimum of 50% of the capital construction costs associated with developing the facility; or iii. Provision of an endowment for at least 50% of a facility’s estimated useful life for the continued maintenance and/or programming of the facility. b. The City Council may alter these guidelines if deemed necessary. c. The City reserves the right to utilize criminal background checks as part of the vetting process in order to ascertain an honoree’s good character. E. Recognize organizations involved in a public-private partnership with the City that have made significant financial or capital contributions to the acquisition or development of the facility. This includes any Naming Rights Agreement approved by City Council. F. Have historical, cultural, or social significance for future generations. G. Research indicates that the area around the facility, or the facility itself, has been commonly named in an unofficial capacity by residents. Restrictions on the Naming of Public Facilities and Sub-Facilities. A. No duplication of other facility’s or sub -facility’s names To minimize confusion, facilities will not be subdivided beyond the level of sub-facilities for the purpose of naming unless there are readily identifiable physical divisions such as roads or waterways. B. Facility names that might be considered discriminatory or derogatory will not be considered. C. Facility names will not advocate for or promote a current political figure, political affiliation, ideology or religion. Approved by Council May 24, 2012 PROCEDURE Guidelines for Naming Process Naming of Major Facilities A. A permanent name for the facility should be finalized no later than the 50% completion mark in the construction or acquisition process. a. Prior to the permanent naming of a facility, the location shall be referred to by its address or location designation until the facility is given an official name. B. The City will utilize a Council Facilities Task Force to facilitate the naming of facilities. C. The Council Facilities Task Force will proceed with the naming of a facility according to the following: a. The facility naming process is initiated with the approval of th e design, construction or acquisition of a facility. b. The City Council may choose from a variety of sources for name recommendations (i.e. Council member, staff or donor recommendations, historical review of the site, recommendations from the Parks and Recreation Advisory Board, recommendations from previous owners, etc.). Names may be suggested by citizens and/or community groups by submission to the Mayor, City Council or City Manager. c. Names may be submitted by the departmental owner of the facility, exec utive management, the Mayor or members of the City Council. d. All names for City facilities will be approved by a majority City Council vote regardless of the source of the name’s recommendation. Naming of Sub-Facilities A. All requests for the naming or renaming of a sub-facility shall be made in writing to the Director of Parks and Recreation for parks sub -facilities or to the City Manager for all other sub-facilities. Written requests should at a minimum contain the following: a. The proposed name; b. Reasons for the proposed name; c. Written documentation indicating community support for the proposed name (if applicable); d. If proposing to name a facility within a park, include a description/map showing the location of the facility; and e. If proposing to name a facility after an individual, group, donor or benefactor, include documentation of that person or group’s significance and good reputation in the City’s, State’s, or Nation’s history. Please refer to the commemorative naming conditions for an individual found in this policy. B. Upon receipt, the Director of Parks and Recreation or the City Manager will: Approved by Council May 24, 2012 a. Review the proposed request for its adherence to the policies of the City of College Station and b. Ensure that supporting information has been authenticated, part icularly when an individual’s name is proposed as the facility’s or sub-facility’s name. C. When deemed appropriate, the City Manager will recommend the Facilities Task Force review sub-facility renaming suggestions. D. The Facilities Task Force will review the sub-facility naming request at a Facilities Task Force meeting and make a recommendation to the City Council. In all cases, the City Council will have the final authority in accepting or rejecting the naming proposal by majority. Guidelines for Re-Naming Process. A. The renaming of facilities or sub-facilities is discouraged. It is recommended that efforts to change a name be subject to a critical examination so as not to diminish the original justification for the name or discount the value of the prior contributors. a. Parks or other facilities named by deed restriction shall not be considered for renaming. b. Parks and facilities named after individuals shall not be renamed unless it is determined that the individual’s personal character is or was such that the continued use of the name for a facility would not be in the best interest of the City or community. Exceptions may be considered in cases of changes in use of facilities or for facility demolitions. B. If it is decided by the City Manager that it is in the best interest of the City to rename a major or sub-facility, it may be renamed in accordance with the criteria and guidelines outlined in the procedures of this policy. Plaques, Markers and Memorials. A. Plaques, markers and memorials may be incorporated into a facility or sub-facility during the design phase of the project. Plaques, markers, and memorials that are incorporated into the design of a facility will be subject to the same oversight and controls as applicable to the rest of the project. B. Plaques, markers, and memorials added to a facility or sub -facility after its completion and opening will be designed and installed according to the City’s Dedication Plaque Policy. Art & Myra Bright Park Rename Request For more than fifty six (56) years Art and Myra Bright have contributed a considerable amount of time in their professional life as well as volunteers making College Station a better place to live. Art and Myra's relationship was built on making each other whole. It is our belief that both have met or exceeded the standards set forth in the city facility/sub facility ordinance to rename Raintree Park after Art and Myra. Art and Myra built the first house in Raintree in 1978. Art Background: A. A&M Consolidated High School: 1. Taught Math 2. Coached football 3. Coached basketball (Men and Women's) 4. Coached track 5. Coached the Math UIL team winning one State Championship 6. Developed the first calculus curriculum for state approval 7. Served as Principal for four years 8. Received Lions Club Teacher of the year award 1962-1963 (see certificate) 9. Served asEnergy Director w/Myra for 18 years after retiring from teaching B. Twin City Mission Board of Directors (1985-1859) serving in various capacities. See Ron Crozier letter C. Habitat for Humanity Volunteer (see Jim Davis letter) 1. Paint supervisor for 10 years 2. Construction coordinator/permitting for 5 years D. Served as Player Representative for CS Little League in 1961 even though he had no sons Myra's background: A. Went back to school at age 34 to complete her degree at Sam Houston State. B. Started work at Texas Transportation Institute and retired as the Assistant Director of Fiscal Affairs after 20 years. C. Worked with Art handling the computer work necessary for CSISD Energy Program. D. Volunteered with Art at Habitat for Humanity as it was a family affair. E. Played the organ for the Faith Church for forty years and briefly for the Christ United Methodist Church. While a member of Christ United she continued to play for Faith Church. F. Played music for the Hudson Creek Alzheimer's Care Unit and provided other support to families. (See Hudson Creek letter). From: Jim Davis [property@habitatbcs.org] Sent: Friday, January 30, 2015 11:10 AM To: gambol12@suddenlink.net Cc: jim.louise@suddenlink.net Subject: Service of Art Bright to B/CS Habitat for Humanity Art Bright was working as a volunteer before I began work on a fulltime basis. He was recognized as the man to go to when there was a question. We knew that he would know what to do or could guide us to someone who did have the expertise needed. In addition for at least10 years he was the number one painter and paint supervisor. He would work at any painting opportunity for as long as it took to do a quality job. In addition Art was always willing to help with any job in his neighborhood and would actively recruit help. For the first five years of my employment Art took care of all the permitting process for B/CS Habitat. When he told us he could no longer do this work his replacement took a long time to fill the position. We really missed him James T. Davis, Ph.D, Property Director timebasis . B/CS Habitat for Humanity P: (979) 823-7200 I F: (979) 775-7412 I C: (979) 229-4242 Neil Sperry, from his Face Book that reached 43,024 people: Art’s wife of 61 years asked three of us from the class of ’62 to speak. We were one of his very first classes, and we had a continuing friendship with him for all of those years. He came to all of our reunions, although three of us had to take the reunion to him three years ago, as Alzheimers was taking its awful toll on his brilliant mind. I told the hundreds gathered Monday that Art Bright was one of three teachers who had maximum impact on my life. My wife will concur that I’ve spoken of him fondly almost since the day that she and I met. 25 years ago, I took our math-passionate son from McKinney to College Station to meet him. And Art’s wake grew and grew. The pastor compared Art’s work at home, in his church, in school and in the community to the wake of a boat on a still lake. The more time passes, the wider the wake and the bigger the area it will eventually influence. I am a part of that wake. Art Bright’s wake of influence, as his love of his wife, will go on until the last digit of Pi. Email to Myra: Hi, Myra, I can only speak for myself, but I would have driven 2,000 miles for the opportunity you gave me. Your husband was a rock star in my band of educators. I have a pretty active Face Book page of fellow gardeners. I’ve been lucky to have almost 33,000 join that community, and more than half of them have already seen the post I put up just four hours ago! A bunch of Art’s former students have chimed in, and I’m sure more will follow as people get home this evening. Here is a link to it that should remain intact permanently. https://www.facebook.com/permalink.php?story_fbid=10155121267850427&id=43132 3175426 I though you might enjoy seeing it. • Dan Hogan: Wonderful testimony about a great man! I had Art for algebra in '72 -73 and admired his dedication. Clayton Hall: Thank you for those beautiful words on behalf of a great guy. I loved him too but hated that he checked and graded homework every single day! Lillian Bond Dann: As always Neil your words are of great feeling and so well said. What an honor to be called upon to speak at his funeral. Wish I could have been there. No doubt you made his wife proud Neil Sperry Larry Randolph has the perfect recreation of Mr. Bright walking, snapping his fingers and clapping, all in stride. I had completely forgotten about that. Larry needs to bring it to our next reunion. Tom Taylor did a masterful job. What a wonderful opportunity just to be asked. Be well, classmate! • Cynde Sikes Flanagan: I attended the service and was so very thankful that I could. He was a wonderful teacher that would not give up on getting me thru Algebra. I left the service knowing that he was loved and admired by many. • Lisa Sutphen: So sorry I missed a great tribute to a great man. I too was a student of his in the 70's. I loved his algebra classes! But I loved more the leader and mentor that he was! His wage is wide and still spreads to this day. RIP mr Bright! You are remembered and loved! • Martie Lambert Russell: Well said! What a positive influence to so many! He was such a kind, caring, & intense coach & teacher. He always went over & beyond to help anyone in need! Stayed after school to help us with homework, taught us Quadratic equations while riding on the bus to BB games, came to your home to talk with you & your folks when you were in trouble...Truly, deeply cared about us all! My absolute favorite teacher! He is a part of all of us that had the good fortune to know him! Godspeed Coach Bright! Henry...after a little research, I can tell you that Art served on our Board of Directors from 1985 through 1989...during that time he held various positions on the board...hope this helps. Ron Ron Crozier Director of Community Relations (979) 822-7511 crozierr@twincitymission.org RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF COLLEGE STATION, TEXAS, APPROVING THE RE-NAMING OF RAINTREE PARK TO ART AND MYRA BRIGHT PARK WHEREAS, the re-naming of Parks is allowed under guidelines of the City’s Naming of City Facilities and Sub-Facilities Policy, as approved May 14, 2012 (“Policy”); and WHEREAS, the re-naming of Raintree Park to Art and Myra Bright Park meets the Policy requirements under section C, “Commemorate individuals who are deceased and have a history of exceptional community service or contributions to the facility’s best interests and purposes,” as well as Section B, “Commemorate historical events, groups or individuals that remain of continued importance to the City, region, State, and/or Nation.” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the re-naming of Raintree Park to Art and Myra Bright Park; and PART 2: That the Park re-naming shall take effect upon approval of this Resolution. ADOPTED this ________ day of February, 2015. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0065 Name:1834 Graham Road Rezoning Status:Type:Rezoning Agenda Ready File created:In control:2/6/2015 City Council Regular On agenda:Final action:2/26/2015 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 R Rural to SC Suburban Commercial for approximately 1.06 acres and NAP Natural Areas Protected for approximately 1.62 acres for the property being a portion of a called 2.68 acre tract in the Robert Stevenson Survey, Abstract No. 54 as described by a deed to Hai T. Le recorded in Volume 12249, Page 127 of the Official Public Record of Brazos County, Texas. Case #14-00900239 (M.Bombek) Sponsors:Mark Bombek Indexes: Code sections: Attachments:Background Sam and Aerial 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 R Rural to SC Suburban Commercial for approximately 1.06 acres and NAP Natural Areas Protected for approximately 1.62 acres for the property being a portion of a called 2.68 acre tract in the Robert Stevenson Survey, Abstract No. 54 as described by a deed to Hai T. Le recorded in Volume 12249, Page 127 of the Official Public Record of Brazos County, Texas. Case #14-00900239 (M.Bombek) Relationship to Strategic Goals: · Diverse Growing Economy Recommendation(s): The Planning and Zoning Commission considered this item on February 5, 2015. The vote was unanimous to recommend approval of the rezoning request. The Commission's recommendation will be presented to City Council with this item. Staff recommends approval with the condition that the impacts of any floodplain alterations be contained within the subject property. Summary: This request is to rezone the subject property from R Rural to SC Suburban Commercial and NAP Natural Areas Protected. The Unified Development Ordinance provides the following review criteria for zoning map amendments: REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: The subject parcel is designated on the Comprehensive Plan College Station, TX Printed on 2/20/2015Page 1 of 2 powered by Legistar™ File #:15-0065,Version:1 Future Land Use and Character Map as Suburban Commercial and Natural Areas Reserved. The requested rezoning of SC Suburban Commercial and NAP Natural Areas Protected is consistent with the Comprehensive Plan Future Land Use and Character Map. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood:The rezoning request to SC Suburban Commercial for the portion of the property closest to the intersection of Graham Road and Longmire Drive and NAP Natural Areas Protected being the creek immediately adjacent to the Bridle Gate single-family residential subdivision, is compatible with existing zoning of the surrounding properties. 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The SC Suburban Commercial zoning would allow light commercial development to have a presence along Graham Road and Longmire Drive to act as a transition from the surrounding GC General Commercial land uses into the GS General Suburban land uses. 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The current R Rural designation on this property would allow for a limited amount of agricultural use, but could allow alteration of the creek which is proposed as NAR Natural Areas Reserved on the Comprehensive Plan Future Land Use and Character Map, and is unstudied floodplain. 5. Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The applicant has stated that the R Rural designation on this property is unsuitable as the property is too small for any significant agricultural related uses. There is more demand in the area for light commercial use. 6. Availability of water, wastewater, storm water, and transportation facilities generally suitable and adequate for the proposed use: There is an existing 12-inch water line available to serve the property, as well as an 18-inch sanitary sewer main. Existing infrastructure with proposed modifications appear to be adequate for the proposed use. A portion of the property is undesignated floodplain; however, this area will be reserved from development with the requested NAP Natural Areas Protected zoning. Drainage and any other infrastructure required with the site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. The Thoroughfare Plan identifies Graham Road and Longmire Drive as existing two-lane major collectors. The amount of traffic produced by this development is minimal and should not have a detrimental impact on surround roadways. Budget & Financial Summary: N/A Attachments: 1. Background Information 2. Aerial and Small Area Map (SAM) 3. Ordinance College Station, TX Printed on 2/20/2015Page 2 of 2 powered by Legistar™ BACKGROUND NOTIFICATIONS Advertised Commission Hearing Date: February 5, 2015 Advertised Council Hearing Date: February 26, 2015 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: Bridle Gate Estates Homeowner’s Association Property owner notices mailed: 16 Contacts in support: None at the time of this report. Contacts in opposition: None at the time of this report. Inquiry contacts: Two at the time of this report. ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North (across Graham Road) Suburban Commercial GC General Commercial Vacant South General Suburban GS General Suburban Single-family Residences East Suburban Commercial GC General Commercial Hotel (under construction) West (across Longmire Drive) Suburban Commercial and Natural Areas Reserved R Rural Vacant DEVELOPMENT HISTORY Annexation: 1993 Zoning: A-O Agricultural Open (upon annexation), A-O Agricultural Open renamed to R Rural (2013) Final Plat: Unplatted Site development: Vacant ORDINANCE NO.__________________ Page 1 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 FROM R RURAL TO 1.06 ACRES OF SC SUBURBAN COMMERCIAL AND 1.82 ACRES OF NAP NATURAL AREAS PROTECTED FOR THE PROPERTY BEING IN THE ROBERT STEVENSON SURVEY, ABSTRACT NO. 54 AS DESCRIBED BY A DEED TO HAI T. LE RECORDED IN VOLUME 12249, PAGE 127 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, GENERALLY LOCATED AT 1834 GRAHAM ROAD; 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” and as shown graphically in Exhibit “B”, 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. 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 26th day of February, 2015 APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney ORDINANCE NO.__________________ Page 2 EXHIBIT “A” 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, is hereby amended as follows: The following property, as described by metes and bounds, is rezoned from R Rural to SC Suburban Commercial and NAP Natural Areas Protected with the condition that the impacts of any floodplain alterations be contained within the subject property. ORDINANCE NO.__________________ Page 3 ORDINANCE NO.__________________ Page 4 EXHIBIT “B” ORDINANCE NO.__________________ Page 5 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0071 Name:Comprehensive Plan Amendment- Cain Road Extension Status:Type:Comprehensive Plan Agenda Ready File created:In control:2/9/2015 City Council Regular On agenda:Final action:2/26/2015 Title:Public hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Thoroughfare Plan and Bicycle, Pedestrian, and Greenways Master Plan to remove the extension of Cain Road west of Holleman Drive South, through the property located at 3180 A Cain Road Sponsors:Danielle Singh Indexes: Code sections: Attachments:Background Information Map Application Ordinance.pdf Action ByDate Action ResultVer. Public hearing,presentation,possible action,and discussion regarding an ordinance amending the Comprehensive Plan -Thoroughfare Plan and Bicycle,Pedestrian,and Greenways Master Plan to remove the extension of Cain Road west of Holleman Drive South,through the property located at 3180 A Cain Road Relationship to Strategic Goals:Diverse Growing Economy Recommendation(s):The Planning and Zoning Commission considered this item at their February 5, 2015 meeting and voted 7-0 to recommend approval of the Comprehensive Plan Amendment. The Bicycle, Pedestrian and Greenways Advisory Board considered this item at their February 2, 2015 and voted 5-0 to recommend approval with noted concern for the loss of connectivity in the area. Staff recommends approval. Summary:This request is to remove the extension of Cain Road west of Holleman Drive South from the Thoroughfare Plan and the Bicycle, Pedestrian, and Greenways Master Plan. The Unified Development Ordinance provides the following review criteria for Comprehensive Plan Amendments: REVIEW CRITERIA 1. Changed or changing conditions in the subject area or the City:A portion of the adjacent Mission Ranch development was originally Master Planned in the ETJ prior to the development of the current Thoroughfare Plan. The Mission Ranch development is therefore vested to the prior Thoroughfare Plan which did not require the Cain Road extension. The extension of Cain Road was not shown with the College Station, TX Printed on 2/20/2015Page 1 of 3 powered by Legistar™ File #:15-0071,Version:1 recently approved preliminary plan for Mission Ranch and no street access is planned from Mission Ranch to the multi-family tract. Therefore, the construction of Cain Road through the multi-family tract would result in a permanent dead-end street. 2. Scope of the request:The City is currently in the process of updating the Thoroughfare Plan. With this effort, alternatives for Cain Road will need to be evaluated further. For the purpose of this amendment, the extension of Cain Road is only proposed to be removed from Holleman Drive to the extension of Feather Run, through the multi-family tract. 3. Availability of adequate information:The construction of Cain Road through the multi-family tract would result in a permanent dead end street, therefore no additional information is needed at this time. 4. Consistency with the goals and strategies set forth in the Plan:This amendment is consistent with the Comprehensive Plan as the extension of Cain Road no longer presents an opportunity for connectivity. This amendment is sensitive to the surrounding land uses as it is in reaction to the adjacent vested development. 5. Consideration of the Thoroughfare Plan and Bicycle, Pedestrian and Greenways Master Plan: An amendment to the Bicycle, Pedestrian and Greenways Master Plan is also included in this Comprehensive Plan amendment, as bike lanes and sidewalks were designated along the extension of Cain Road. The Bicycle, Pedestrian and Greenways Advisory Board will consider this amendment at their February 2nd meeting. 6. Compatibility with the surrounding area:This amendment is in reaction to the characteristics of the adjacent development and is therefore compatible with the surrounding area. 7. Impacts on infrastructure including water, wastewater, drainage, and the transportation network:There will be no impacts with regard to water, wastewater and drainage. Further study of impacts to the transportation network will be done with the City's effort to update the Thoroughfare Plan. 8. Impact on the City's ability to provide, fund, and maintain services:There will be no funding impacts to the City. 9. Impact on environmentally sensitive and natural areas:There will be no environmental impacts if the extension of Cain Road is removed from the Thoroughfare Plan. 10. Contribution to the overall direction and character of the community as captured in the Plan's vision and goals:This amendment is neutral to the overall direction of the Comprehensive Plan's vision and goals, as it is a reaction to an existing condition. Budget & Financial Summary:N/A Reviewed and Approved by Legal:Yes Attachments: 1. Background Information 2. Map 3. Application 4. Ordinance College Station, TX Printed on 2/20/2015Page 2 of 3 powered by Legistar™ File #:15-0071,Version:1 College Station, TX Printed on 2/20/2015Page 3 of 3 powered by Legistar™ BACKGROUND NOTIFICATIONS Advertised Commission Hearing Date: February 5, 2015 Advertised Council Hearing Date: February 26, 2015 ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Urban R Rural Duplex Residential South Restricted Suburban RS Restricted Suburban Vacant East (Across Holleman Drive South) Urban General Suburban R Rural, PDD Planned Development District Vacant, Single Family Residential West Restricted Suburban RS Restricted Suburban Vacant DEVELOPMENT HISTORY Annexation: 2008 Zoning: A-O Agricultural Open (Upon Annexation), R-3 Townhouse (2008), R-4 Multi-Family (2012) Final Plat: None Site development: Multi-Family ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE THOROUGHFARE PLAN AND THE BICYCLE, PEDESTRIAN AND GREENWAYS MASTER PLAN, FOR THE EXTENSION OF CAIN ROAD WEST OF HOLLEMAN DRIVE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Comprehensive Plan of the City of College Station” by amending the “Thoroughfare Plan” and “Bicycle, Pedestrian, and Greenways Master Plan”, as set out in Exhibit “A”, sections C.4.h and C.5.a, and Exhibit “B” attached hereto for the indentified area 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. 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 26th day of February, 2015. ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney ORDINANCE NO.__________________ Page 2 EXHIBIT “A” A. Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1. Existing Conditions; 2. Introduction; 3. Community Character; 4. Neighborhood Integrity; 5. Economic Development; 6. Parks, Greenways & the Arts; 7. Transportation; 8. Municipal Services & Community Facilities; 9. Growth Management and Capacity; and 10. Implementation and Administration. B. Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Parks, Recreation and Open Space Master Plan dated May 2005; 6. Park Land Dedication Neighborhood Park Zones Map dated January 2009; 7. Park Land Dedication Community Park Zones map dated April 2009; 8. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 9. Central College Station Neighborhood Plan dated June 2010; 10. Water System Master Plan dated August 2010; 11. Wastewater Master Plan dated June 2011; 12. Eastgate Neighborhood Plan dated June 2011; 13. Recreation, Park and Open Space Master Plan dated July 2011; 14. Southside Area Neighborhood Plan dated August 2012; 15. Medical District Master Plan dated October 2012; 16. Wellborn Community Plan dated April 2013; 17. Economic Development Master Plan dated September 2013; and 18. South Knoll Area Neighborhood Plan dated September 2013. ORDINANCE NO.__________________ Page 3 C. Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: 1. Text Amendments: a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. 2. Future Land Use and Character Map Amendment: a. 301 Southwest Parkway – Ordinance 3255, dated July 2010. b. Richards Subdivision – Ordinance 3376, dated October 2011. c. 1600 University Drive East – Ordinance 3535, dated November 14, 2013. d. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. e. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014. f. 2021 Harvey Mitchell Parkway –Ordinance 3549, dated January 23, 2014. g. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014. h. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. 3. Concept Map Amendment: a. Growth Area IV – Ordinance 3376, dated October 2011. b. Growth Area V – Ordinance 3376, dated October 2011. 4. Thoroughfare Map Amendment: a. Raintree Drive – Ordinance 3375, dated October 2011. b. Birkdale Drive – Ordinance 3375, dated October 2011. c. Corsair Circle – Ordinance 3375, dated October 2011. d. Deacon Drive – Ordinance 3375, dated October 2011. e. Dartmouth Drive – Ordinance 3375, dated October 2011. f. Farm to Market 60 – Ordinance 3375, dated October 2011. g. Southwest Parkway – Ordinance 3375, dated October 2011. h. Cain Road extension – through this ordinance, dated February 26, 2015. 5. Bicycle, Pedestrian and Greenways Master Plan Amendment: a. Cain Road extension – through this ordinance, dated February 26, 2015 D. General 1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including ORDINANCE NO.__________________ Page 4 thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3. General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended. ORDINANCE NO.__________________ Page 5 EXHIBIT “B” AMENDED AREA OF COLLEGE STATION THOROUGHFARE PLAN That the “Comprehensive Plan” of the City of College Station, Texas, is hereby amended by amending the College Station Thoroughfare Plan and the Bicycle, Pedestrian and Greenways Master Plan to remove Cain Road from west of Holleman Drive South as shown graphically below: ORDINANCE NO.__________________ Page 6 AMENDED AREA OF COLLEGE STATION BICYCLE, PEDESTRIAN, AND GREENWAYS MASTER PLAN ORDINANCE NO.__________________ Page 7 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0077 Name:UDO Amendments – MUD Review authority and ETJ Subdivision Regulations Status:Type:Unified Development Ordinance Agenda Ready File created:In control:2/10/2015 City Council Regular On agenda:Final action:2/26/2015 Title:Public hearing, presentation, possible action, and discussion regarding an ordinance amending Article 2, “Development Review Bodies” and Section 12-8.5.D, “Waiver from Lot Size” of Chapter 12, “Unified Development Ordinance” of the College Station Code of Ordinances regarding review authority for Municipal Utility Districts and the minimum lot size in the Extraterritorial Jurisdiction. Sponsors:Lance Simms Indexes: Code sections: Attachments:Redline Version Ordinance Action ByDate Action ResultVer. Public hearing,presentation,possible action,and discussion regarding an ordinance amending Article 2,"Development Review Bodies"and Section 12-8.5.D,"Waiver from Lot Size"of Chapter 12, "Unified Development Ordinance"of the College Station Code of Ordinances regarding review authority for Municipal Utility Districts and the minimum lot size in the Extraterritorial Jurisdiction. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation(s):The Planning and Zoning Commission considered this item at their January 5th meeting and voted 6 -0 to recommend approval. Staff also recommends approval. Summary: This ordinance amends the UDO to include review and approval authority for Municipal Utility Districts. More specifically, it grants the Planning and Zoning Commission the authority to review and make a recommendation to the City Council on MUD consent applications. The final decision regarding the consent to form a MUD rests with the City Council. The ordinance also removes the prohibition on granting waivers for the minimum lot size in the ETJ, provided the lots are part of a MUD approved by the City Council. In March of 2014, the City Council approved a petition to authorize the creation of Brazos County MUD No. 1 in the ETJ. The development plan associated with the MUD proposes a variety of single-family lots sizes, all less than one acre in area. If approved, this amendment would allow the developer to request a waiver to the minimum one acre lot size requirement as part of the subdivision approval process. Budget & Financial Summary: N/A College Station, TX Printed on 2/20/2015Page 1 of 2 powered by Legistar™ File #:15-0077,Version:1 Attachments: 1. Redlined UDO Sections 2. Ordinance College Station, TX Printed on 2/20/2015Page 2 of 2 powered by Legistar™ Unified Development Ordinance Article 2. Development Review Bodies Sec. 12-2.1. City Council. A. General. The City Council will be responsible for final action regarding the text of this UDO and the Official Zoning Map. B. Powers and Duties. As provided and established within the City of College Station Charter, the City Council has the following powers and duties regarding this UDO: 1. Appointments. The City Council shall have the responsibility of appointing and removing any member of the Planning and Zoning Commission (P&Z), Zoning Board of Adjustment (ZBA), Landmark Commission (LC), Design Review Board (DRB), and Bicycle, Pedestrian, and Greenways Advisory Board. 2. Final Action. The City Council shall hear and take final action on the following: a. Development agreements and oversize participation agreements for City participation in cost-sharing of infrastructure improvements; b. Conditional use permits; c. Zoning map amendments (rezoning); d. Concept Plans for Planned Development Districts (PDD) and Planned Mixed-Use Districts (P-MUD); e. Text amendments; f. Comprehensive Plan amendments; g. Impact fee land use decisions and Capital Improvement Plan (CIP) priorities; h. Annexations; i. Appeal of the P&Z's decision regarding a development exaction appeal; j. Appeal of the DRB's denial of a Gateway Grant; k. Appeal of the LC's denial of a Certificate of Appropriateness; and l. Appeal of the LC's decision of a Certificate of Demolition; and. m. Petitions to form a Municipal Utility District Unified Development Ordinance Article 2. Development Review Bodies Section 12-2.2 D. Powers and Duties. The Planning and Zoning Commission shall have the following powers and duties: 1. Comprehensive Plan The Planning and Zoning Commission shall make recommendations for the effective coordination of the various City departments, committees, and boards, in implementing the Comprehensive Plan. 2. Recommendations The Planning and Zoning Commission shall review and make recommendations to the City Council subject to the terms and conditions set forth for such uses in this UDO for the following: a. Conditional use permits; b. Zoning map amendments (rezoning); c. Concept plans for Planned Development Districts (PDD) and Planned Mixed-Use Districts (P-MUD); d. Text amendments; e. Comprehensive Plan amendments; f. Impact fee land use decisions; g. Capital Improvement Plan (CIP) priorities; and h. Annexations; and. h.i. Petitions to form a Municipal Utility District Unified Development Ordinance Article 2. Development Review Bodies Sec. 12-2.12. Summary of Review Authority. The following table summarizes the authority of the various review bodies and staff. PROCEDURE City Council P&Z Comm. Zoning Bd. of Adj. Design Rev. Bd. Land. Comm. Bike, Ped. & Grnwy Admin. Building Official Dev. Engr. CITY COUNCIL (CC) Oversize Participation D RR Development Agreement D RR R Conditional Use permit D R RR Zoning Map Amendment D R RR Zoning Map Amendment (HP) D R R RR PDD/P-MUD Concept Plan D R RR Text Amendment D R R RR Comp. Plan Amendment D R R RR Impact Fee/CIP Priorities D R R RR Annexations D R RR Municipal Utility Districts D R RR PLANNING & ZONING COMMISSION (P&Z) Preliminary Plan D RR R Final Plat D RR R Development Plat D RR R Waiver of Subdivision Standard D RR R Development Exaction Appeal A D RR ZONING BOARD OF ADJUSTMENT (ZBA) Variance D RR R RR Administrative Appeal D RR Zoning Map Interpretation D RR DESIGN REVIEW BOARD (DRB) WPC District Site Plan A D RR R WPC District Building/Sign Review A D RR WPC Parking Waivers A D RR NG Waivers D RR Non-Residential Arch. Stand. Waiver D RR Gateway Grants A D RR LANDMARK COMMISSION (LC) Certificates of Appropriateness A D RR Certificates of Demolition A D RR ADMINISTRATOR Interpretation A** A D Sign Permit A D Site Plan A A* D R Administrative Adjustment A D WPC District Building or Sign, Minor A D Minor or Amending Plat A D R PD Concept Plan Minor Amend. A D Certificate of Appropriateness, Routine A D NG Roof Color Palette Amendment A D Alternative Parking Plans A D Determination of Plat Applicability A D R BUILDING OFFICIAL (BO) Building Permit D Certificate of Occupancy R D R Certificate of Completion R D R DEVELOPMENT ENGINEER (DE) Development Permit D Driveway Application A D Alternative Const. Material A D * Section 12-3.6.E. Site Plan Review Criteria and 12-3.7.E. Wolf Pen Creek Design District General Site Plan Review Criteria only. ** Subdivision Regs. only. KEY: A=Appeal R=Recommend D=Final Action/Decision RR=Review/Report Unified Development Ordinance Article 8. Subdivision Design and Improvements Sec. 12-8.5. Waiver of Subdivision Standards. A. The Commission may authorize a waiver from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings hereinbefore required, the Commission shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such waiver upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No waiver shall be granted unless the Commission finds: 1. That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; 2. That the waiver is necessary for the preservation and enjoyment of a substantial property right of the applicant; 3. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and 4. That the granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this UDO. B. Such findings of the Commission shall be incorporated into the official minutes of the meetings at which such waiver is granted. Waivers may be granted only when in harmony with the general purpose and intent of this UDO so that public health, safety, and welfare may be secured and substantial justice done. C. Waiver from Water Flow Requirements. A waiver to fire flow provisions set out in the Water Facilities standards contained in this UDO is prohibited. D. Waiver from Lot Size. With the exception of lots located within a City-authorized Municipal Utility District, Aa waiver to the minimum lot size provisions set out in the Extraterritorial Jurisdiction Standards contained in this UDO is prohibited. ORDINANCE NO. ____________ AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” SECTIONS 12-2.1, “CITY COUNCIL”, 12-2.2, “PLANNING & ZONING COMMISSION”, 12-2.12, “SUMMARY OF REVIEW AUTHORITY”, AND 12-8.5.D, “WAIVER FROM LOT SIZE” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS 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 12, “Unified Development Ordinance,” Sections 12-2.1, “City Council”, 12-2.2, “Planning & Zoning Commission”, 12-2.12, “Summary of Review Authority”, and 12-8.5.D, “Waiver from Lot Size” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provi - sions 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. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 3 5 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 26th day of February, 2015. APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney ORDINANCE NO.__________________ Page 2 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Section 12-2.1, “City Council,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending subsection 12-2.1.B.2, “Final Action”, to read as follows: “2. Final Action. The City Council shall hear and take final action on the following: a. Development agreements and oversize participation agreements for City participation in cost-sharing of infrastructure improvements; b. Conditional use permits; c. Zoning map amendments (rezoning); d. Concept Plans for Planned Development Districts (PDD) and Planned Mixed-Use Districts (P-MUD); e. Text amendments; f. Comprehensive Plan amendments; g. Impact fee land use decisions and Capital Improvement Plan (CIP) priorities; h. Annexations; i. Appeal of the P&Z's decision regarding a development exaction appeal; j. Appeal of the DRB's denial of a Gateway Grant; k. Appeal of the LC's denial of a Certificate of Appropriateness; l. Appeal of the LC's decision of a Certificate of Demolition; and m. Petitions to form a Municipal Utility District.” ORDINANCE NO.__________________ Page 3 That Chapter 12, “Unified Development Ordinance,” Section 12-2.2, “Planning & Zoning Commission,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by amending subsection 12-2.2.D.2, “Recommendations”, to read as follows: “2. Recommendations. The Planning and Zoning Commission shall review and make recommendations to the City Council subject to the terms and conditions set forth for such uses in this UDO for the following: a. Conditional use permits; b. Zoning map amendments (rezoning); c. Concept Plans for Planned Development Districts (PDD) and Planned Mixed-Use Districts (P-MUD); d. Text amendments; e. Comprehensive Plan amendments; f. Impact fee land use decisions; g. Capital Improvement Plan (CIP) priorities; h. Annexations; and i. Petitions to form a Municipal Utility District.” ORDINANCE NO.__________________ Page 4 That Chapter 12, “Unified Development Ordinance,” Section 12-2.12, “Summary of Review Authority,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “Sec. 12-2.12. Summary of Review Authority. The following table summarizes the authority of the various review bodies and staff. PROCEDURE City Council P&Z Comm. Zoning Bd. of Adj. Design Rev. Bd. Land. Comm. Bike, Ped. & Grnwy Admin. Building Official Dev. Engr. CITY COUNCIL (CC) Oversize Participation D RR Development Agreement D RR R Conditional Use permit D R RR Zoning Map Amendment D R RR Zoning Map Amendment (HP) D R R RR PDD/P-MUD Concept Plan D R RR Text Amendment D R R RR Comp. Plan Amendment D R R RR Impact Fee/CIP Priorities D R R RR Annexations D R RR Municipal Utility Districts D R RR PLANNING & ZONING COMMISSION (P&Z) Preliminary Plan D RR R Final Plat D RR R Development Plat D RR R Waiver of Subdivision Standard D RR R Development Exaction Appeal A D RR ZONING BOARD OF ADJUSTMENT (ZBA) Variance D RR R RR Administrative Appeal D RR Zoning Map Interpretation D RR DESIGN REVIEW BOARD (DRB) WPC District Site Plan A D RR R ORDINANCE NO.__________________ Page 5 WPC District Building/Sign Review A D RR WPC Parking Waivers A D RR NG Waivers D RR Non-Residential Arch. Stand. Waiver D RR Gateway Grants A D RR LANDMARK COMMISSION (LC) Certificates of Appropriateness A D RR Certificates of Demolition A D RR ADMINISTRATOR Interpretation A** A D Sign Permit A D Site Plan A A* D R Administrative Adjustment A D WPC District Building or Sign, Minor A D Minor or Amending Plat A D R PD Concept Plan Minor Amend. A D Certificate of Appropriateness, Routine A D NG Roof Color Palette Amendment A D Alternative Parking Plans A D Determination of Plat Applicability A D R BUILDING OFFICIAL (BO) Building Permit D Certificate of Occupancy R D R Certificate of Completion R D R DEVELOPMENT ENGINEER (DE) Development Permit D Driveway Application A D Alternative Const. Material A D * Section 12-3.6.E. Site Plan Review Criteria and 12-3.7.E. Wolf Pen Creek Design District General Site Plan ORDINANCE NO.__________________ Page 6 Review Criteria only. ** Subdivision Regs. only. KEY: A=Appeal R=Recommend D=Final Action/Decision RR=Review/Report ORDINANCE NO.__________________ Page 7 That Chapter 12, “Unified Development Ordinance,” Section 12-8.5.D, “Waiver from Lot Size,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: “D. Waiver from Lot Size. With the exception of lots located within a City-authorized Municipal Utility District, a waiver to the minimum lot size provisions set out in the Extraterritorial Jurisdiction Standards contained in this UDO is prohibited.”