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HomeMy WebLinkAbout03/12/2015 - 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, March 12, 2015 1. Pledge of Allegiance, Invocation, Consider absence request. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping " items required by law. Items may be removed from the consent agenda by majority vote of the Council. Presentation, possible action, and discussion of minutes for: ·February 19, 2015 Retreat ·February 20, 2015 Retreat ·February 24, 2015 Joint Meeting with CSISD ·February 26, 2015 Workshop ·February 26, 2015 Regular Council Meeting 15-01002a. Sponsors:Mashburn RTRT021915 Draft Minutes.docx RTRT022015 Draft Minutes.docx JM022415 Minutes.docx WKSHP022615 DRAFT Minutes.docx RM022615 DRAFT Minutes.docx Attachments: Presentation, possible action, and discussion regarding approval of an Amendment to a Resolution that will authorize City staff to 15-00682b. Page 1 College Station, TX Printed on 3/9/2015 March 12, 2015City Council Regular Meeting Agenda - Final negotiate for the purchase of easements needed for the Southland Street Drainage Project. Sponsors:Harmon Southland Street Drainage Project - Amendment to Resolution.docx Southland Street Drainage Project Map Final.pdf Attachments: Presentation, possible action, and discussion of an ordinance amending Chapter 10 Traffic Code, Section 4 to remove stopping, standing, and parking along Greens Prairie Trail and Royder Road. 15-01032c. Sponsors:Harmon Park Removal Ordinance - Greens Prairie Trail and Royder Road.docx Greens Prairie Trail and Royder Road Map.pdf Attachments: Presentation, possible action, and discussion on consideration of an ordinance amending Chapter 10, Traffic Code, Section 2(N) of the Code of Ordinances of the City of College Station to prohibit U-turns for northbound, southbound, and westbound traffic at the intersection of FM 2818 and Holleman. 15-01042d. Sponsors:Harmon U-Turns Ordinance - FM 2818 @ Holleman Drive.doc Map - No U-Turns FM2818 @ Holleman.pdf Attachments: Presentation, possible action, and discussion regarding construction contract number 15-104 with Vox Construction, LLC, in the amount of $77,546.21, for sidewalk improvements on the west side of Texas Avenue between Hensel Street and Cooner Street, Project No. ST-1424. 15-01052e. Sponsors:Harmon 15-024 Bid Tabulation.pdf Texas Avenue Sidewalk Improvements - Project Location Map.pdf Attachments: Presentation, possible action, and discussion regarding Ratifying Change Order No. 3 to Contract No. 13-267 with Dudley Construction, Ltd., in the amount of $52,875.12 for the Veterans Park Synthetic Fields project. 15-01072f. Sponsors:Harmon Project Location Map.pdf Change Order 3 .pdf Attachments: Presentation, possible action, and discussion regarding an Interlocal Agreement between the City of College Station and The City of North Richland Hills for cooperative purchasing. 15-01202g. Page 2 College Station, TX Printed on 3/9/2015 March 12, 2015City Council Regular Meeting Agenda - Final Sponsors:Kersten ILA CoCS _ NRH.pdfAttachments: Presentation, possible action, and discussion regarding a revised Interlocal Agreement between the City of College Station and Texas A&M University for cooperative purchasing. 15-01212h. Sponsors:Kersten CS JOINT PROCURE TAMU.docxAttachments: Presentation, possible action, and discussion regarding approval of a Resolution supporting the proposal by Texas A&M University to host a 2016 Presidential or Vice Presidential Debate. 15-01302i. Sponsors:Socol Resolution to Host Presidential or Vice Presidential Debate UPDATED.docxAttachments: Presentation, possible action, and discussion regarding a Data Use Agreement with Texas Department of State Health Services (DSHS), Vital Statistics for access to Confidential Information. 15-01322j Sponsors:Mashburn Draft Texas Department of State Health Services (DSHS), Vital Statistics, Data Use Agreement.docxAttachments: 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. Page 3 College Station, TX Printed on 3/9/2015 March 12, 2015City Council Regular Meeting Agenda - Final Public hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-9.6 "Nonconforming Signs," of the Code of Ordinances of the City of College Station, Texas regarding commercial signs in the Wellborn area. 15-01131. Sponsors:Prochazka OrdinanceAttachments: Public hearing, presentation, possible action, and discussion regarding the annexation service plan for approximately 233 acres located on the southwest side of the City, identified for annexation under the exempt status. 15-01292. Sponsors:Simms Map of annexation Area Service Plan Annexation Impacts - Summary Report Attachments: Presentation, possible action, and discussion regarding the approval of a Development Agreement associated with Brazos County Municipal Utility District No. 1. 15-01263. Sponsors:Simms Vicinity Map MUD Agreement.pdf Attachments: Presentation, possible action, and discussion regarding appointments to the BioCorridor Board. 15-01024. Sponsors:Mashburn BioCorridor Board FYI.pdfAttachments: 5. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. APPROVED _____________________ City Manager I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on March 9, 2015 at 5:00 p.m. Page 4 College Station, TX Printed on 3/9/2015 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0100 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:2/20/2015 City Council Regular On agenda:Final action:3/12/2015 Title:Presentation, possible action, and discussion of minutes for: ·February 19, 2015 Retreat ·February 20, 2015 Retreat ·February 24, 2015 Joint Meeting with CSISD ·February 26, 2015 Workshop ·February 26, 2015 Regular Council Meeting Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:RTRT021915 Draft Minutes.pdf RTRT022015 Draft Minutes.pdf JM022415 Minutes.pdf WKSHP022615 DRAFT Minutes.pdf RM022615 DRAFT Minutes.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: ·February 19, 2015 Retreat ·February 20, 2015 Retreat ·February 24, 2015 Joint Meeting with CSISD ·February 26, 2015 Workshop ·February 26, 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 3/9/2015Page 1 of 1 powered by Legistar™ RTRT021915 Minutes Page 1 MINUTES OF THE CITY COUNCIL RETREAT CITY OF COLLEGE STATION FEBRUARY 19, 2015 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham City Staff: Kelly Templin, City Manager Jeff Capps, Assistant City Manager Jeff Kersten, Assistant City Manager Aubrey Nettles, Assistant to the City Manager Carla Robinson, City Attorney Robin Cross, Assistant City Attorney Sherry Mashburn, City Secretary 1. Breakfast 2. Call to Order and Announce a Quorum is Present With a quorum present, the Retreat of the College Station City Council was called to order by Mayor Nancy Berry at 8:25 a.m. on Thursday, February 19, 2015 in the Carters Creek Training Room, 2200 North Forest Parkway, College Station, Texas. 3. Introduction and Retreat Process 4. Goals of the Retreat. Items 3 and 4 were taken together. Mayor Nancy Berry presented a brief overview of what she hoped to accomplish today. RTRT021915 Minutes Page 2 5. Presentation, possible action and discussion of Departmental Initiatives and Major Projects. Jeff Kersten, Assistant City Manager, provided an overview of the ERP and depository accounts. He noted that the budget process will be starting soon. Related to long term debt, they are looking to do a debt issue in early calendar year 2016. Related to municipal court and fiscal services, things are going well. They anticipate that the ERP system on the utility customer service side will be implemented as seamlessly as possible. A significant project on the IT side will be the CAD, and this should come before the Council soon. This is another ERP project on the public safety side. IT is working on other significant projects, such as GIS for Electric, traffic initiatives, and the open data initiative. Aubrey Nettles, Assistant to the City Manager, reported for Chuck Gilman, Deputy City Manager. His full report is attached. She briefed the Council on projects related to Public Works, Parks and Recreation, Water/wastewater Utilities, Electric Utilities, and Planning and Development. Jeff Capps, Assistant City Manager, reported on Human Resources and their involvement in the ERP project. They are also involved in a comprehensive review of policies and the Employee Handbook, departmental evaluation procedures, a health care clinic, transitioning to electronic files, etc. Community Services includes Northgate parking and capital improvements, community development, and code enforcement. That are also involved in the ICE project. As for the Fire Department, one of the big projects is obtaining national accreditation. They are looking a six new positions, which will be paid by grants. The Police is looking at space needs; some areas may be repurposed. Another big project is the CAD RMS project. They are reviewing policies and procedures for another accreditation process for a dual accreditation (state and national). Kelly Templin, City Manager, briefed the Council on Public Communication, which is working on the City’s first marketing plan. Other projects include community outreach, economic development and tourism activities, citizen/employee surveys, and communicating the proposed 2015 bond issue. He also briefed Council on Economic Development, and noted that Natalie Rios has been busy meeting with prospects. It was noted that the City does not fund economic development. MOTION: Upon a motion by Councilmember Aldrich and seconded by Mayor Berry, the Council voted six (6) for and none (0) opposed, with Councilmember Schultz having left early, to move agenda items 11 and 12 for discussion after item 6. The motion carried unanimously. 6. Presentation, possible action and discussion of the Strategic Plan & Seven Strategic Initiatives. Council reviewed the strategic plan. Mayor Berry noted it appears to be on target. Councilmember Nichols proposed a few edits: 1)the citizen survey needs to be updated to provide metrics on the initiatives; 2)on page 11 Performance Measures, third bullet, notes that the City Manager will be provided a quarterly report, and he asked what format that would be; RTRT021915 Minutes Page 3 and 3) page 4, Financial Sustainability, to eliminate the fifth bullet. Councilmember Brick asked for clarification of “support municipal empowerment” on page 2, Core Values. 7. Presentation, possible action and discussion of the current Budget and Budgeting Process. Kelly Templin, City Manager, noted that staff has prepared their three-year plans for budgeting purposes. Councilmember Aldrich asked to see a more robust, economic development funding process in the budget. The budget process will be the same, and Council workshops are being schedule for August. 8. Presentation, possible action and discussion on current and future space needs for City Hall. This item was not discussed. 9. Executive Session In accordance with the Texas Government Code §551.072-Real Estate, and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 11:54 p.m. on Thursday, February 19, 2015 in order to continue discussing matters pertaining to: A. Deliberation on the purchase, exchange, lease or value of real property; to wit:  Property located generally southeast of the intersection of Texas Avenue and Francis Drive in College Station 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 generally southeast of the intersection of Texas Avenue and Francis Drive in College Station Councilmember Schultz returned at 12:00 noon. The Executive Session adjourned at 12:54 p.m. No action was required from Executive Session. 10. Presentation, possible action and discussion of FY15 Capital Improvement and/or FY15 Bond Issues. Aubrey Nettles, Assistant to the City Manager, briefed the Council on the public forums that will be held. Staff liaisons reported on their respective sub-committees. 11. Presentation, possible action and discussion on the use of Hotel Occupancy Tax. This item was taken out of order and discussed after item 6. RTRT021915 Minutes Page 4 Jeff Kersten, Assistant City Manager, projects the HOT funds to be in the neighborhood of $14 million. Kelly Templin, City Manager, provided the Council with a rendering of what a possible build out of Veteran’s Park would look like, with an estimated cost of $10-11 million. MOTION: Upon a motion made by Mayor Berry and seconded by Councilmember Schultz, the Council voted seven (7) for and none (0) opposed, to have staff go forward with the implementation of new ball fields. The motion carried unanimously. 12. Presentation, possible action and discussion on the City’s Economic Development Program. This item was taken out of order and discussed with item 11, after item 6. Kelly Templin, City Manager, noted this had been discussed with item 5, and there are gaps in our processes. Staff is seeking direction and will come back before Council. 13. Discussion and possible action on the efficacy of various committees. Carla Robinson, City Attorney, noted the Planning Department is preparing a report on the Landmark Commission for Council’s review. He did note that their specific duties and responsibilities are laid out in the UDO. 14. Council Goals for 2015. Councilmember Mooney said he would like to see a feasibility study on a natatorium and to explore the possibility of a third party operator. Councilman Nichols said he looks forward to seeing the bond issue package put together. He wants to finish the year with a stronger dialog the TAMU leadership. He also wants to see implementation on neighborhood issues regarding rental registration and enforcement of the “no more than four” rule. He would like to see decisions made on City Hall. Councilmember Benham said the band width effort is progressing, and he would like to see the open data initiative achieve the first objective by the end of year. He also wants to see the City maintain its income and live inside that. He wants a five-year, not a seven year bond issuance. He would like to consider aquatics outsourcing, and there are other operational areas he would like to see evaluated for cost savings. Councilmember Aldrich wants to implement a more robust economic development process and culture in city. Councilmember Brick wants to discuss costs and benefits and the fairest way to fund economic development issues. RTRT021915 Minutes Page 5 Councilmember Schultz would like to see the City take on more of its own marketing and establish its own identity. We need to build more of a brand and identity. Mayor Berry stated she concurs with all the goals stated. Economic development is critical. Passing a sound budget that is forward looking is important, as well as keeping up with the infrastructure. Adjourn. MOTION: There being no further business, Mayor Berry adjourned the Retreat of the College Station City Council at 2:46 p.m. on Thursday, February 19, 2015. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RTRT022015 Minutes Page 1 MINUTES OF THE CITY COUNCIL RETREAT CITY OF COLLEGE STATION FEBRUARY 20, 2015 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz, arrived after roll call James Benham City Staff: Kelly Templin, City Manager Chuck Gilman, Deputy City Manager Jeff Capps, Assistant City Manager Aubrey Nettles, Assistant to the City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary 1. Breakfast 2. Call to Order and Announce a Quorum is Present With a quorum present, the Retreat of the College Station City Council was called to order by Mayor Nancy Berry at 8:11 a.m. on Friday, February 20, 2015 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas. 3. Introduction and Retreat Process 4. Goals of the Retreat. 5. Presentation, possible action and discussion of Departmental Initiatives and Major Projects. RTRT022015 Minutes Page 2 6. Presentation, possible action and discussion of the Strategic Plan & Seven Strategic Initiatives. 7. Presentation, possible action and discussion of the current Budget and Budgeting Process. 8. Presentation, possible action and discussion on current and future space needs for City Hall. Items 3-8 were discussed in their entirety yesterday, and no further discussion was required. 9. Executive Session In accordance with the Texas Government Code §551.072-Real Estate, §551.074-Personnel, and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 8:11 p.m. on Friday, February 20, 2015 in order to continue discussing matters pertaining to: A. Deliberation on the purchase, exchange, lease or value of real property; to wit:  Property located generally southeast of the intersection of Texas Avenue and Francis Drive in College Station B. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  City Manager C. 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 generally southeast of the intersection of Texas Avenue and Francis Drive in College Station The Executive Session adjourned at 10:23 p.m. No action was required from Executive Session. 10. Presentation, possible action and discussion of FY15 Capital Improvement and/or FY15 Bond Issues. 11. Presentation, possible action and discussion on the use of Hotel Occupancy Tax. 12. Presentation, possible action and discussion on the City’s Economic Development Program. 13. Discussion and possible action on the efficacy of various committees. RTRT022015 Minutes Page 3 14. Council Goals for 2015. Items 10-14 were discussed in their entirety yesterday, and no further discussion was required. Adjourn. MOTION: There being no further business, Mayor Berry adjourned the Retreat of the College Station City Council at 10:25 p.m. on Friday, February 20, 2015. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary JM022415 Minutes Page 1 MINUTES OF THE JOINT MEETING WITH THE CITY OF COLLEGE STATION CITY COUNCIL AND THE COLLEGE STATION I.S.D. BOARD FEBRUARY 24, 2015 STATE OF TEXAS § § COUNTY OF BRAZOS § Council Present: School Board Present Nancy Berry, Mayor Valerie Jochen, President Blanch Brick Paul Dorsett Steve Aldrich Jeff Harris Karl Mooney Carol Barrett John Nichols Michael Schaefer Julie Schultz Dr. Michael Wesson James Benham, absent Quinn Williams City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary 1. Call to Order and Announce a Quorum is Present With quorums present, the College Station City Council and College Station I.S.D. Board were called to order by Mayor Berry and President Jochen, respectively, at 5:00 p.m. on Tuesday, February 24, 2015 in the CSU Meeting Training Facility, Assembly Room at 1603 Graham Road, College Station, Texas 77842. 2. Consideration, discussion and possible action related area growth and programs and strategies related thereto. Chuck Glenewinkel, Director of Communications, discussed the area growth, programs, and strategies studies. From 1994 to present, enrollment has grown from 6,150 to 12,541. A survey was emailed to parents to receive information about various factors, such as why they chose to move to College Station and if they intend to stay in the College Station ISD within the next five years, and why. Dr. Clark Ealy, CSISD Superintendent, briefed the assembly on CSISD’s enrollment growth, campus capacities and their process to plan for growth. Last year’s percentage of growth was 7.03%. CSISD is one of the fastest growing districts in the state in the 97 percentile for enrollment in the past five-year period. Bond programs were done in 2007 and 2009 to build College station High School and two elementary schools. Additions were also made to the 5th – JM022415 Minutes Page 2 8th grade campuses, and College Hills Elementary was reconstructed. Another Bond program was ratified in 2013 to add one more elementary school and one more high school. The Board of Trustees has studied enrollment growth and reviewed school capacities, and they project a new elementary school every three years based on elementary school reenrollments. A new intermediate and middle school will be needed 2017-2018. The potential effect of new facilities on the M&O budget has been examined. For Spring of 2015, a construction delivery model has been selected. There is a Planning for Growth group that will study enrollment history and school capacities as well. They will be making a recommendation on whether to go out for bond and when. 3. Consideration, discussion and possible action related to a possible November 2015 City Bond Proposal and possible projects to be considered in that Bond Proposal. The City Manager said his report combines items 2 and 3. Kelly Templin, City Manager, stated the City is also planning for growth. We have almost doubled in population since 1990. 753 single-family permits were issued, which will also impact the school district. Single family construction is already up 50% over last year. The City’s property tax is among the lowest in the state, and sales tax has increased 12.85% over last year. Mr. Templin briefed everyone on the Capital Improvements Projects Citizens Advisory Committee. There are three sub-committees: Facilities, Transportation, and Parks and Leisure. The Committee is still working on recommendations to be presented to the Council. 4. Consideration, discussion and possible action related to a possible November 2015 CSISD Bond Proposal and possible projects to be considered in that Bond Proposal. This item was not discussed. 5. Consideration, discussion and possible action related to agreements between the City and College Station ISD. GlynnWalker, CSISD Business and Operations, noted that we have had joint facility use agreements since 1987. There have been other agreements for business and services. There is also a Memorandum of Understanding. There are several Development contracts as well. CSISD also leases district property to the City for $1 per year. The City constructs the park and is responsible for the M&O. Joint facility use is the largest agreement. Facilities are provided to one another at no cost. It is time to determine what to do with the Natatorium and with the remainder of the 2009 Facilities ILA. JM022415 Minutes Page 3 6. Adjournment MOTION: There being no further business, the Joint Meeting with the College Station I.S.D. Board was adjourned at 7:14 p.m. on Tuesday, February 24, 2015. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary WKSHP022615Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION FEBRUARY 26, 2015 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham, absent City Staff: Kelly Templin, City Manager Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary Ian Whittenton, Records Management Coordinator 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 4:00 p.m. on Thursday, February 26, 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 §551.086-Competitive Matters, the College Station City Council convened into Executive Session at 4:00 p.m. on Thursday, February 26, 2015 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: WKSHP022615Minutes Page 2  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  Juliao v. City of College Station, Cause No. 14-002168-CV-272, in the 272nd District Court of Brazos County, Texas B. Consultation with attorney regarding legal advice; to wit:  Legal advice regarding open meetings requirements for College Station public officials  Legal advice regarding acquisition of property located generally east of State Highway 6 in College Station for a city water project C. Deliberation, vote, or take final action of a competitive matter; to wit:  Power Supply The Executive Session adjourned at 4:45 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. Item 2e was pulled for clarification. (2e): David Schmitz, Director of Parks and Recreation, gave clarification on the College Station ISD Natatorium use FY14 financial true-up to be paid from the City of College Station to the ISD for use of the CSISD Natatorium and the amount how it relates to other fiscal years. 5. Presentation, possible action and discussion regarding the recycling program for the City of College Station. Donald Harmon, Director of Public Works, introduced Pete Caler, Assistant Director of Public Works, and Heather Woolwine, Recycling & Environmental Compliance Manager, who provided council with information on the city’s recycling operations. Heather Woolwine, Recycling & Environmental Compliance Manager, updated the Council on the recycling program, materials currently collected, efforts on expansion, and the current pilot program. She requested direction from Council on possible areas for expansion of the recycling program. WKSHP022615Minutes Page 3 Pete Caler, Assistant Director of Public Works, addressed questions from Council about the feasibility of a stand-alone recycling center. 6. Presentation, possible action, and discussion regarding the changing of the name of Raintree Park to Art and Myra Bright Park. David Schmitz, Director of Parks and Recreation, noted that Henry Wittner, representing the Raintree neighborhood, requested to rename Raintree Park to Art and Myr a Bright Park. He reported that the Brights have been long-time residents and were instrumental in donating of their time and resources to several community organizations, such as CSISD and Habitat for Humanity. The Brights meet the guidelines noted in the City Naming of Facilities and Sub- Facilities Policy. Henry Wittner, addressed council on the contributions of the Brights to the College Station area. Chrissy Hester, gave additional comments about the Brights impact on the College Station area. 7. Presentation and discussion regarding Automated Metering Infrastructure (AMI). Timothy Crabb, Director of Electric Utilities, briefed the Council on the background of water and electric Advanced Metering Infrastructure (AMI) and introduced, Ned Brown with Schneider Engineering, who provided Council with additional information. Ned Brown, Schneider Engineering, presented information on water and electric AMI, including who is deploying, possibilities for funding, and the benefits and challenges of adopting the technology. Dave Coleman, Director of Water Services, gave clarification on the capabilities of AMI water meters. 8. Council Calendar Council reviewed the calendar. 9. Presentation, possible action, and discussion on future agenda items: a Councilmember may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Brick requested an item reviewing the policy for naming City facilities. 10. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Arts Council Sub-committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health WKSHP022615Minutes Page 4 Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Convention & Visitors Bureau, Design Review Board, Economic Development Committee, Gigabit Broadband Initiative, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Partnership, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Twin City Endowment, Youth Advisory Council, Zoning Board of Adjustments. Mayor Berry reported on her attendance with Councilmember Nichols and City Secretary Sherry Mashburn, to the Texas Municipal League Region 10 meeting. Councilmember Shultz, gave an update on the RVP. Councilmember Shultz, gave an update on the Bio-Corridor Board of Adjustments. Councilmember Nichols, Brazos County Health Department. Councilmember Mooney reported that the CVB meeting will take place this Tuesday. Councilmember Brick, gave an update on the Transportation and Mobility Committee. 11. Adjournment MOTION: There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 7:06 p.m. on Thursday, February 26, 2015. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM022615 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION FEBRUARY 26, 2015 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham, absent City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary Ian Whittenton, Records Management Coordinator 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 7:17 p.m. on Thursday, February 26, 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. MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember Shultz, the City Council voted six (6) for and none (0) opposed, to accept Councilmember Benham’s Absence Request. The motion carried unanimously. Recognition of Cub Scout Pack 802 on the occasion of their 78th birthday. Mayor Berry presented a proclamation to members of Cub Scout Pack 802 on the occasion of their 78th birthday and proclaimed February 23-27, 2015 as Cub Scout Pack 802 Traditions Week. RM022615 Minutes Page 2 Citizen Comments Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of 1st Lieutenant, Doyle M. Hufstedler. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  February 12, 2015 Workshop  February 12, 2015 Regular Council Meeting 2b. Presentation, possible action, and discussion regarding approval of Resolution 02-26- 15-2b, authorizing the City Attorney to condemn easements needed for the Bee Creek Sanitary Sewer Phase II project. 2c. Presentation, possible action, and discussion on the consideration of Ordinance 2015- 3636, 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. 2d. 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. 2e. 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. 2f. Presentation, possible action, and discussion regarding the Fun for All Playground donor recognition and naming rights. 2g. 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. 2h. Presentation, possible action, and discussion on the consideration of Ordinance 2015- 3637, 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. 2i. Presentation, possible action and discussion regarding the annual traffic contact report required annually by Senate Bill 1074, of the Texas 77th legislative session. RM022615 Minutes Page 3 2j. Presentation, possible action and discussion of Resolution 02-26-15-2j, 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. 2k. 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. 2l. Presentation, possible action, and discussion regarding Resolution 02-26-15-2l, changing the name of Raintree Park to Art and Myra Bright Park. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Shultz, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public hearing, presentation, possible action, and discussion regarding Ordinance 2015- 3638, 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) Mark Bombeck, Planning and Development, stated this request is to rezone the property from Rural to Suburban Commercial and NAP Natural Areas Protected. The P&Z considered this item on February 5, 2015. The vote was unanimous to recommend approval of the rezoning request. At approximately 7:33 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:33 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Aldrich, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2015-3638, 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 RM022615 Minutes Page 4 Hai T. Le recorded in Volume 12249, Page 127 of the Official Public Record of Brazos County, Texas. Case #14-00900239 (M.Bombek). The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015- 3639, 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. Danielle Singh, Planning and Development, stated 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 P&Z 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 also recommends approval. At approximately 7:39 p.m., Mayor Berry opened the Public Hearing. Greg Jasper, 18106 Martingale Ct., is the applicant and owner of the property and spoke in favor of the ordinance. There being no further comments, the Public Hearing was closed at 7:41 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Shultz, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2015-3639, 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. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015- 3640, 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 minimum lot size in the Extraterritorial Jurisdiction. Lance Simms, Director of Planning and Development, stated this ordinance amends the UDO to include review and approval authority for Municipal Utility Districts. More specifically, it grants the P&Z the authority to review and make a recommendation to the Council on MUD consent applications, but the final decision regarding the consent to form a MUD rests with the 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. The Planning and Zoning Commission considered this item at their January 5th meeting and voted 6 -0 to recommend approval. Staff also recommends approval. At approximately 7:46 p.m., Mayor Berry opened the Public Hearing. RM022615 Minutes Page 5 There being no comments, the Public Hearing was closed at 7:46 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Shultz, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2015-3640, 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 minimum lot size in the Extraterritorial Jurisdiction. The motion carried unanimously. 4. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 7:47 p.m. on Thursday, February 26, 2015. ________________________ 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:115-0068 Name:Southland Street Drainage Project - Needs Resolution Amendment Status:Type:Resolution Consent Agenda File created:In control:2/8/2015 City Council Regular On agenda:Final action:3/12/2015 Title:Presentation, possible action, and discussion regarding approval of an Amendment to a Resolution that will authorize City staff to negotiate for the purchase of easements needed for the Southland Street Drainage Project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Southland Street Drainage Project - Amendment to Resolution.pdf Southland Street Drainage Project Map Final.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of an Amendment to a Resolution that will authorize City staff to negotiate for the purchase of easements needed for the Southland Street Drainage Project. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends Council approval of the Amendment to the Resolution Determining Public Need and Necessity. Summary: Council previously approved a Resolution authorizing the acquisition of easements for the Southland Street Drainage Project. The project includes excavation and some clearing of vegetation to improve conveyance of the existing channel, which will reduce localized flooding that occurs at the east end of Southland Street. Also, as part of the project, a waterline will be extended from the Parkway Circle Apartments complex and connected to the existing 6" waterline on Southland Street. Since approval of the Resolution on August 14, 2014, property surveying has been completed and the design requires an easement on another property adjacent to the properties previously described and owned by one of those previously named landowners. Attached is an Amendment to Resolution Determining Public Need and Necessity and a revised Exhibit "A" reflecting the current properties that may require easements for the project. Approval of this Amendment will authorize staff to negotiate for the purchase of the easements necessary to complete the project. Budget & Financial Summary: Funds in the amount of $255,250 are budgeted for this project in the Drainage Fund and $50,000 is budgeted for this project in the Water Capital Projects Fund. A total of $52,480 has been expended or committed to date, leaving a balance of $252,770 for remaining project expenditures. College Station, TX Printed on 3/9/2015Page 1 of 2 powered by Legistar™ File #:15-0068,Version:1 Attachments: 1. Project Map 2. Amendment to Resolution Determining Public Need and Necessity with Exhibit "A" College Station, TX Printed on 3/9/2015Page 2 of 2 powered by Legistar™ 1 Legal apprvd 2/29/12 AMENDMENT TO RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY RESOLUTION NO. ________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AUTHORIZING AN AMENDMENT TO A PREVIOUSLY APPROVED RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY FOR THE CITY TO ADD AN ADDITIONAL PROPERTY DESCRIPTION TO THE RESOLUTION. WHEREAS, the City Council of College Station, Texas (“City”) previously authorized a Resolution for the Southland Street Drainage Project (“Project”), being Resolution No. 08-14- 14-2L on August 14, 2014; and WHEREAS, the City desires to add a property description to Exhibit “A” for an additional property from which an easement interest is to be acquired (the “Property”) for the Project; now therefore; BE IT RESOLVED by the City Council of the City of College Station, Texas: PART 1: That the City Council of the City of College Station, Texas, hereby officially determines that the Property described in Exhibit “A”, which is attached to this resolution, shall, upon execution of this resolution, substitute and replace the previously approved Property in its entirety and shall become incorporated in the above referenced resolution as though written fully therein. PART 2: That all other parts of the previously authorized resolution shall remain unchanged. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this ________ day of ____________________________, A.D. 20___. ATTEST: APPROVED: ____________________________ ______________________________ City Secretary MAYOR APPROVED: 2 Legal apprvd 2/29/12 ____________________________ City Attorney EXHIBIT “A” Being all those tracts or parcels of land necessary to complete a drainage and waterline project located along a route extending along Bee Creek Tributary B from north of Southland Street to Southwest Parkway in College Station, Brazos County, Texas. Said route is depicted on the map attached hereto and made part hereof. The parcels needed in easement interest for the project may be acquired from the following lands: Landowner (Now or Formerly): PARKWAY CIRCLE APARTMENTS, LTD Brazos County Appraisal District Property ID: 36986 Street Address: 401 Southwest Parkway, College Station, Texas Legal Description: Being Lot 1, Parkway Circle (CS), College Station, Brazos County, Texas; as described in Special Warranty Deed from Jersey Shore Savings and Loan Association to Parkway Circle Apartments, Ltd. recorded in Volume 1237, Page 242, Official Records of Brazos County, Texas. Landowner (Now or Formerly): PARKWAY CIRCLE APARTMENTS, LTD Brazos County Appraisal District Property ID: 37510 Street Address: 401 Southwest Parkway, College Station, Texas Legal Description: Being Pecan Tree Estates Phase 2, College Station, Brazos County, Texas; as described in Special Warranty Deed from Jersey Shore Savings and Loan Association to Parkway Circle Apartments, Ltd. recorded in Volume 1237, Page 242, Official Records of Brazos County, Texas. Landowner (Now or Formerly): MARIA M. SAENZ-LIMON Brazos County Appraisal District Property ID: 41959 Street Address: 128 Southland Street, College Station, Texas Legal Description: Being Lot 19-20, Block 2, Southland Subdivision, College Station, Brazos County, Texas; as described in Warranty Deed from Brazos Valley Community Action Agency to Maria M. Saenz-Limon recorded in Volume 2807, Page 257, Official Records of Brazos County, Texas. Landowner (Now or Formerly): COPPER CREEK CONDOS, LLC Brazos County Appraisal District Property ID: 302591 Street Address: Southwest Parkway, College Station, Texas Legal Description: Being Lot 2R, William Brooke Hunter Estates Subdivision, College Station, Brazos County, Texas; as described in Warranty Deed Four Ags Investments, LP to Copper Creek Condos, LLC recorded in Volume 9766, Page 42, Official Records of Brazos County, Texas. City of CS City of CS Saenz-Limon Copper Creek Condos, LLCSOUTHLAND STREETSOUTHWEST PARKWAYA RIZ O N A S T R E E T O N E Y H E R V E Y D RIV E Southland Street Drainage Project Map ´ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0103 Name:No Parking - Greens Prairie Trail / Royder Road Status:Type:Ordinance Consent Agenda File created:In control:2/22/2015 City Council Regular On agenda:Final action:3/12/2015 Title:Presentation, possible action, and discussion of an ordinance amending Chapter 10 Traffic Code, Section 4 to remove stopping, standing, and parking along Greens Prairie Trail and Royder Road. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Park Removal Ordinance - Greens Prairie Trail and Royder Road.pdf Greens Prairie Trail and Royder Road Map.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion of an ordinance amending Chapter 10 Traffic Code, Section 4 to remove stopping, standing, and parking along Greens Prairie Trail and Royder Road. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: In August of 2014, citizens and the Principal of Greens Prairie Elementary contacted the City of College Station concerned about the loading and unloading of Greens Prairie Elementary students along Greens Prairie Trail and Royder Road. Primary concerns were students and parents opening car doors into traffic lanes along Greens Prairie Trail and Royder Road. Parents choosing to walk their children to school from the Creek Meadows Subdivision were having to walk in the roadway because of cars parked along the shoulder of Royder Road and Greens Prairie Trail. Based upon the observations of the Police Department and the Traffic Engineering Division of Public Works, the City presented a no stopping, standing, or parking ordinance to the Greens Prairie Elementary Parent Teacher Organization on February 9, 2015, and the Royder Ridge HOA on February 12, 2015. The Principal of Greens Prairie Elementary, the 5 parents at the February 9th meeting, and the 4 property owners at the February 12th meeting support this ordinance. Based upon the need for pedestrian safety and efficient traffic operations along Greens Prairie Trail and Royder Road, the traffic management team recommended approving this ordinance. Budget & Financial Summary: The "NO STOPPING, STANDING, OR PARKING" signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operations budget. Attachments: College Station, TX Printed on 3/9/2015Page 1 of 2 powered by Legistar™ File #:15-0103,Version:1 1. Ordinance 2. Project Map College Station, TX Printed on 3/9/2015Page 2 of 2 powered by Legistar™ ORDINANCE NO.__________________ AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, SECTION 4 “ADMINISTRATIVE ADJUDICTION OF PARKIGN VIOLATIONS”, E “PARKING REGULATIONS OF CERTAIN DESCRIBED AREAS”, (1) “TRAFFIC SCHEDULE XIV - NO PARKING HERE TO CORNER OR NO PARKING ANYTIME”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY 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 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV – No Parking Here to Corner or No Parking Anytime”, 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 liable for a civil offense and/or guilty of a Class C misdemeanor, and, upon a finding of liability thereof, shall be punished by a civil penalty of not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), or upon conviction thereof, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Said Ordinance becomes effective ten (10) days after date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Greens Prairie Trail and Royder Road Parking Removal Ordinance Page 2 of 3 PASSED, ADOPTED and APPROVED this ______ day of _______________, 2015. APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Greens Prairie Trail and Royder Road Parking Removal Ordinance Page 3 of 3 EXHIBIT “A” That Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV – No Parking Here to Corner or No Parking Anytime”, is hereby amended to include the following: 1. Greens Prairie Trail – on schooldays from 7:00 am until 9:00 am a. No stopping, standing, or parking within 20 feet of pavement on schooldays from 7:00 am until 9:00 am along the east/southeast side of Greens Prairie Trail from 100 feet southwest of Royder Road to 220 feet southwest of Flagstone Court (the current city limit). 2. Greens Prairie Trail – on schooldays from 2:30 pm until 4:30 pm a. No stopping, standing, or parking within 20 feet of pavement on schooldays from 2:30 PM until 4:30 PM along the east/southeast side of Greens Prairie Trail from 100 feet southwest of Royder Road to 220 feet southwest of Flagstone Court (the current city limit). 3. Greens Prairie Trail –anytime a. No stopping, standing, or parking anytime along the west/northwest side of Greens Prairie Trail from Royder Road to 220 feet southwest of Flagstone Court (the current city limit). b. No stopping, standing, or parking anytime along the west/northwest side of Greens Prairie Trail from Royder Road to 480 feet north of Shady Brook Lane. c. No stopping, standing, or parking anytime along the east/southeast side of Greens Prairie Trail from Royder Road to 480 feet north of Shady Brook Lane. d. No stopping, standing, or parking anytime along the east/southeast side of Greens Prairie Trail from Royder Road to 100 feet southwest of Royder Road. 4. Royder Road –anytime a. No stopping, standing, or parking anytime along the southwest side of Royder Road from 400 feet northwest of Ledgestone Trail to Greens Prairie Trail. b. No stopping, standing, or parking anytime along the southwest side of Royder Road from the termination of the bicycle lane that begins at Greens Prairie Trail to 300 feet southeast of the termination of the bicycle lane (the current city limit). c. No stopping, standing, or parking anytime along the northeast side of Royder Road from Backwater Lane to Greens Prairie Trail. d. No stopping, standing, or parking anytime along the northeast side of Royder Road from Greens Prairie Trail to 860 feet southeast of Greens Prairie Trail (the current city limit). Proposed No Stopping, Standing, or ParkingAlong Royder Road and Greens Prairie Trail Existing Bicycle Lane Royd er Road Greens Prairie Elementry Greens Prairie Trail Shad y Brook LaneBackwater Lane Flagstone Court Ledgesto ne Trail Timber Creek La ne Within 20 feet of pavement on Schooldays from 7:00 am until 9:00 am and from 2:30 pm until 4:30 pm :Anytime : Public Allyway City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0104 Name:No U-Turns - FM 2818 / Holleman Status:Type:Ordinance Consent Agenda File created:In control:2/22/2015 City Council Regular On agenda:Final action:3/12/2015 Title:Presentation, possible action, and discussion on consideration of an ordinance amending Chapter 10, Traffic Code, Section 2(N) of the Code of Ordinances of the City of College Station to prohibit U-turns for northbound, southbound, and westbound traffic at the intersection of FM 2818 and Holleman. Sponsors:Donald Harmon Indexes: Code sections: Attachments:U-Turns Ordinance - FM 2818 @ Holleman Drive.pdf Map - No U-Turns FM2818 @ Holleman.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on consideration of an ordinance amending Chapter 10, Traffic Code, Section 2(N) of the Code of Ordinances of the City of College Station to prohibit U- turns for northbound, southbound, and westbound traffic at the intersection of FM 2818 and Holleman. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: This ordinance removes U-Turns for vehicles traveling westbound on FM 2818, northbound on Holleman Drive South, and southbound on Holleman Drive West at the intersection of FM 2818 with Holleman Drive West and Holleman Drive South. As the intersection is currently configured, the roadway is not wide enough for passenger vehicles to make U-Turns in one continuous movement on these approaches. This results in vehicles stopping their vehicle within the intersection in order to back up before they complete the movement. This behavior decreases traffic flow at the intersection and increases the probability of a crash. Based upon Traffic Engineering's review of this intersection, the Traffic Management Team recommended removing U-Turns for the Northbound, Southbound, and Westbound directions at this intersection. Budget & Financial Summary: The "No U-turn" signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operation budget. Attachments: College Station, TX Printed on 3/9/2015Page 1 of 2 powered by Legistar™ File #:15-0104,Version:1 1. Ordinance 2. Location map College Station, TX Printed on 3/9/2015Page 2 of 2 powered by Legistar™ ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 10, TRAFFIC CODE, SECTION 2, TRAFFIC CONTROL DEVICES, SUBSECTION N, U-TURN PROHIBITIONS, TRAFFIC SCHEDULE XI - NO U-TURNS OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS; BY 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 10, Traffic Code, Section 2, Traffic Control Devices, Subsection N, U-Turn Prohibitions, Traffic Schedule XI - No U-Turns of the Code of Ordinances of The City of College Station, 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 liable for a civil offense and, upon a finding of liability thereof, shall be punished by a civil penalty of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00). Said Ordinance becomes effective ten (10) days after date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. FM 2818 at Holleman Drive West and Holleman Drive South U-Turn Prohibition Ordinance Page 2 of 3 PASSED, ADOPTED and APPROVED this ______ day of _______________, 2015. APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney FM 2818 at Holleman Drive West and Holleman Drive South U-Turn Prohibition Ordinance Page 3 of 3 EXHIBIT “A” That Chapter 10, Traffic Code, Section 2, Traffic Control Devices, Subsection N, U-Turn Prohibitions, Traffic Schedule XI - No U-Turns of the Code of Ordinances of The City of College Station, be amended to include following: 1. FM 2818 a. NO U-TURNS on westbound FM 2818 at the intersection of Holleman Drive South and Holleman Drive West. 2. Holleman Drive West a. NO U-TURNS on southbound Holleman Drive West at the intersection of FM 2818. 3. Holleman Drive South a. NO U-TURNS on northbound Holleman Drive South at the intersection of FM 2818. 2 0 5 02050 2 1 1 12111 1 3 0 01300 Proposed U-Turn ProhibitionsFM 281 8 and Holleman Drive West/South New Raised Median FM 2818 Holleman Drive South Holleman Drive West Proposed Prohibited Movements: City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0105 Name:Texas Avenue Sidewalk Improvements Status:Type:Contract Consent Agenda File created:In control:2/22/2015 City Council Regular On agenda:Final action:3/12/2015 Title:Presentation, possible action, and discussion regarding construction contract number 15-104 with Vox Construction, LLC, in the amount of $77,546.21, for sidewalk improvements on the west side of Texas Avenue between Hensel Street and Cooner Street, Project No. ST-1424. Sponsors:Donald Harmon Indexes: Code sections: Attachments:15-024 Bid Tabulation.pdf Texas Avenue Sidewalk Improvements - Project Location Map.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding construction contract number 15-104 with Vox Construction,LLC,in the amount of $77,546.21,for sidewalk improvements on the west side of Texas Avenue between Hensel Street and Cooner Street, Project No. ST-1424. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the construction contract. Summary:Sidewalk improvements along the south side of Texas Avenue will include the addition of ADA ramps,two flume crossings,a retaining wall,and reconstruction of four commercial driveways to comply with ADA standards.The project will provide a complete ADA accessible path from the Byran -College Station city limits to University Drive along the south side of Texas Avenue. Budget & Financial Summary: A total of $122,356 is budgeted for this project. Funds in the amount of $11,549 has been expended or committed to date leaving a balance of $110,807 for construction and related expenditures. Attachments: 1.Contract No. 15-104 (on file with the City Secretary) 2.Bid Tabulation ITB #15-024 3.Project Location Map College Station, TX Printed on 3/9/2015Page 1 of 2 powered by Legistar™ File #:15-0105,Version:1 College Station, TX Printed on 3/9/2015Page 2 of 2 powered by Legistar™ City of College Station - Purchasing DivisionBid Tabulation for #15-024"Texas Avenue Sidewalk Improvements"Open Date: Thursday, January 22, 2015 @ 2:00 p.m.ITEM QTY UNIT DESCRIPTION UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICEMISCELLANEOUS11LSMobilization$9,057.00 $9,057.00 $4,700.00 $4,700.00 $5,500.00 $5,500.00 $15,633.25 $15,633.25 $5,582.40 $5,582.40 $22,164.98 $22,164.9823,980 SFBlock Sod (Includes watering)$1.40 $5,572.00 $0.65 $2,587.00 $0.85 $3,383.00 $0.38 $1,500.00 $1.053 $4,190.94 $1.01 $4,019.80DEMOLITION11 LS General Demolition Including Clearing & Grubbing $2,675.00 $2,675.00 $3,000.00 $3,000.00 $4,750.00 $4,750.00 $2,000.00 $2,000.00 $7,129.73 $7,129.73 $2,493.01 $2,493.012139 LF Demo Existing Curb & Gutter $5.33 $740.87 $13.50 $1,876.50 $9.00 $1,251.00 $14.39 $2,000.00 $5.00 $695.00 $4.71 $654.6932,223 SF Demo Existing Driveway Pavement $5.78 $12,848.94 $3.50 $7,780.50 $3.00 $6,669.00 $2.02 $4,500.00 $2.50 $5,557.50 $4.33 $9,625.594153 SF Demo Existing Sidewalk Pavement $6.30 $963.90 $4.50 $688.50 $3.25 $497.25 $13.07 $2,000.00 $2.00 $306.00 $4.38 $670.1452 LF Demo Existing Retaining Wall $136.96 $273.92 $150.00 $300.00 $50.00 $100.00 $750.00 $1,500.00 $200.00 $400.00 $276.99 $553.98662 SF Demo Existing Concrete Flume $5.33 $330.46 $14.00 $868.00 $3.00 $186.00 $24.19 $1,500.00 $3.00 $186.00 $8.09 $501.5871 EA Adjust Existing Water Valve Box Elevation $53.50 $53.50 $250.00 $250.00 $150.00 $150.00 $1,500.00 $1,500.00 $800.00 $800.00 $389.51 $389.51PAVING & SIDEWALK1287 SY6" 4,000 psi Concrete Pavement with Monolithic Curb & Gutter$7.54 $2,163.98 $42.50 $12,197.50 $76.00 $21,812.00 $55.45 $15,915.00 $97.66 $28,028.42 $104.41 $29,965.6722,709 SF4" 4,000 psi Concrete Sidewalk$5.30 $14,357.70 $4.25 $11,513.25 $5.00 $13,545.00 $5.11 $13,836.00 $6.19 $16,768.71 $8.54 $23,134.8635EABarrier Free ADA Ramp$374.50 $1,872.50 $7.50 $37.50 $1,100.00 $5,500.00 $700.00 $3,500.00 $1,350.00 $6,750.00 $609.20 $3,046.0041LSConcrete Flume$642.00 $642.00 $1,650.00 $1,650.00 $670.00 $670.00 $3,000.00 $3,000.00 $5,000.00 $5,000.00 $1,027.80 $1,027.8052EA4' Wide Grate at Sidewalk/ Flume Crossing with 4" Yellow Paint Stripe on Spanning Sides$654.93 $1,309.86 $1,000.00 $2,000.00 $1,175.00 $2,350.00 $2,250.00 $4,500.00 $2,500.00 $5,000.00 $1,141.56 $2,283.12GRADING & EROSION CONTROL1512 LF Erosion Control Silt Fence $2.14 $1,095.68 $8.50 $4,352.00 $1.75 $896.00 $2.54 $1,300.00 $3.00 $1,536.00 $3.33 $1,704.9622 EA Sandbags at Flume Discharge Point $42.80 $85.60 $250.00 $500.00 $100.00 $200.00 $450.00 $900.00 $80.22 $160.44 $32.16 $64.32390 LF Retaining Wall (4' Max Height) $32.10 $2,889.00 $75.00 $6,750.00 $94.00 $8,460.00 $77.78 $7,000.00 $188.62 $16,975.80 $158.62 $14,275.80ADD ALTERNATE182 LF Demo Existing Curb & Gutter $5.33 $437.06 $15.00 $1,230.00 $9.00 $738.00 $6.10 $500.00 $5.00 $410.00 $5.02 $411.6421,145 SF Demo Existing Driveway Pavement $5.78 $6,618.10 $4.50 $5,152.50 $3.00 $3,435.00 $2.18 $2,500.00 $2.50 $2,862.50 $4.61 $5,278.453867 SF Demo Existing Sidewalk Pavement $5.72 $4,959.24 $4.00 $3,468.00 $3.25 $2,817.75 $2.88 $2,500.00 $2.00 $1,734.00 $4.28 $3,710.764125 SY6" 4,000 psi Concrete Pavement with Monolithic Curb & Gutter$7.54 $942.50 $45.00 $5,625.00 $76.00 $9,500.00 $45.00 $5,625.00 $97.66 $12,207.50 $106.02 $13,252.505828 SF4" 4,000 psi Concrete Sidewalk$5.30 $4,388.40 $4.50 $3,726.00 $5.00 $4,140.00 $4.00 $3,312.00 $6.19 $5,125.32 $10.00 $8,280.0062EABarrier Free ADA Ramp$374.50 $749.00 $800.00 $1,600.00 $1,100.00 $2,200.00 $250.00 $500.00 $1,350.00 $2,700.00 $652.58 $1,305.1671,800 SFBlock Sod (Includes watering)$1.40 $2,520.00 $0.65 $1,170.00 $0.85 $1,530.00 $1.11 $2,000.00 $1.053 $1,895.40 $1.01 $1,818.00»Norman Concrete miscalculated Demolition - Bid Item 5 and the subtotal for that section, Paving and Sidwewalk - Bid Item 3 and the subtotal for that section, Grading & Erosion Control - Bid Item 2 and the subtotal for that section and the Total Base Bid Amount. The highlighted totals above are correct.$82,084.25 $105,066.94 $116,575.81$16,937.00 $26,934.72 $34,056.51$14,888.50$40,751.00 $61,547.13 $59,457.45$9,200.00 $18,672.24 $16,045.08ADD ALTERNATE-SUBTOTALAggieland Construction, LLC(Bryan, TX)A-1 Construction Services(Houston, TX)Dudley Construction, Ltd.(College Station, TX)$17,133.25 $9,773.34 $26,184.78$15,000.00 $15,074.23NOTES:$75,919.25VOX Construction, LLC(College Station, TX)Norman ConcreteServices, LLC(Wellborn, TX)MISCELLANEOUS-SUBTOTALGRADING & EROSION CONTROL-SUBTOTALPalomaresConstruction, Inc.(Bryan, TX)DEMOLITION-SUBTOTAL$14,629.00$4,070.28 $11,602.00 $9,556.00$27,398.25 $43,877.00$20,614.30 $21,971.50 $24,360.75$56,931.91 $61,050.75TOTAL BASE BID AMOUNTPAVING & SIDEWALK-SUBTOTAL$7,287.00 $8,883.00$17,886.59 $14,763.50 $13,603.25$20,346.04Page 1 of 1 TEXAS AVENUE FRONT STREETNORTHPOINT LANE COONER STREETNICOLAS AVENUEUNIVERSITY DRIVEHENSEL STREETNORTHPOINT CROSSING JANE STREET NORTHPOINT WAYAVENUE A (TAMU)UNIVERSITY DRIVE² 0 90 180 270 36045Feet Project Location MapTexas Avenue Sidewalk Improvements ! Legend Install New Sidewalk Replace Existing Sidewalk Property City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0107 Name:Veterans Park & Athletic Complex Synthetic Fields Project Change Order No. 3 Status:Type:Change Order Consent Agenda File created:In control:2/22/2015 City Council Regular On agenda:Final action:3/12/2015 Title:Presentation, possible action, and discussion regarding Ratifying Change Order No. 3 to Contract No. 13-267 with Dudley Construction, Ltd., in the amount of $52,875.12 for the Veterans Park Synthetic Fields project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Project Location Map.pdf Change Order 3 .pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding Ratifying Change Order No.3 to Contract No.13-267 with Dudley Construction,Ltd.,in the amount of $52,875.12 for the Veterans Park Synthetic Fields project. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s):Staff recommends ratifying Change Order No.3 with Dudley Construction,Ltd. in the amount of $52,875.12. Summary:This project included the construction of two synthetic turf fields,associated parking areas, field and parking area lighting,and drainage infrastructure at Veterans Park.The change order ratifies necessary changes to the scope of work and authorizes for payment work already completed by the contractor.This change order both adds and deducts items from the scope of work in the contract, as follows: 1.Relocating existing park light and associated light pole during construction due to a conflict with the new parking area driveway; 2.Extending existing stub outs for future water and sewer lines beneath the new Parking Lot "A"to allow for future expansion of these lines and the park without the need to trench through the new parking lot; 3.Changing the drainage plan,due to the location of the existing dumpster pad on the northeast side of the fields,to allow for a retaining wall to offset the grade differential between the dumpster pad and the drainage elevations; 4.At Parks &Recreation Department's request,relocating the chain-link fence surrounding the detention pond (the original plans located the fence in the sidewalk), which then required College Station, TX Printed on 3/9/2015Page 1 of 2 powered by Legistar™ File #:15-0107,Version:1 5. Adding a 'mow strip' to back of the sidewalk between the fields and the detention pond; 6.Reducing (by one)the number of sidewalk drains originally called in the constructing the parking area "A' sidewalk; 7.Reducing the amount of concrete needed,based on a redesign of the concrete pilot channel in the detention pond. Budget & Financial Summary: The budget for this project is $4,402,000. Funds in the amount of $4,238,341 have been expended or committed to date, leaving a balance of $164,059, which includes this change order and other remaining expenditures. Attachments: 1.Change Order No. 3 2.Project Location Map College Station, TX Printed on 3/9/2015Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0120 Name:ILA City of College Station and North Richland Hills Status:Type:Presentation Consent Agenda File created:In control:2/24/2015 City Council Regular On agenda:Final action:3/12/2015 Title:Presentation, possible action, and discussion regarding an Interlocal Agreement between the City of College Station and The City of North Richland Hills for cooperative purchasing. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:ILA CoCS _ NRH.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding an Interlocal Agreement between the City of College Station and The City of North Richland Hills for cooperative purchasing. Recommendation(s):Staff recommends approval of the Interlocal Agreement. Background &Summary:Chapter 791 of the Texas Government Code,also known as the Interlocal Cooperation Act,authorizes all local governments to contract with each other to perform governmental functions or services including administrative functions normally associated with the operation of government such as purchasing of necessary equipment,supplies and services.The City of College Station and The City of North Richland Hills desire to enter into this Agreement for the purpose of fulfilling and implementing their respective public and governmental purposes,needs, objectives, programs and services. Budget &Financial Summary:No expenses will incurred in this process.Economies of scale are anticipated to produce savings in administrative, advertising and other costs. Reviewed and Approved by Legal: Attachments: 1. Interlocal Agreement College Station, TX Printed on 3/9/2015Page 1 of 1 powered by Legistar™ INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND THE CITY OF NORTH RICHLAND HILLS WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes all local governments to contract with each other to perform governmental functions or services including administrative functions normally associated with the operation of government such as purchasing of necessary equipment, supplies and services; WHEREAS, City of College Station and The City of North Richland Hills desire to enter into this Agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs and services; WHEREAS, the City of College Station is a Home-Rule Municipal Corporation organized under the laws of Texas and is authorized to enter into this Agreement pursuant to ART cLE II, SECTION S OF ITS CITY CHARTER; WHEREAS, The City of College Station and The City of North Richland Hills represent that each are independently authorized to perform the functions or services contemplated by this Agreement; WHEREAS, each party has sufficient funds available from current revenues to perform the functions contemplated by this Agreement; WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of necessary equipment, supplies and services; WHEREAS, the participating governments are of the opinion that cooperation in the purchasing of equipment, supplies, services and auctions will be beneficial to the taxpayers of the governments through the efficiencies and potential savings to be realized. NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as to each of the other as follows: 1. City of College Station and City of North Richland Hills Purchasing Agents shall be authorized to jointly prepare bids, proposals, requests for qualifcations and other procurement activity for the purchase of equipment, supplies, services, insurance, high technology, professional services and other expenditures that may be exempt from competitive bidding/proposals. 2. The Purchasing Agents shall fairly distribute the bids, proposals, requests for qualifications and other purchases to be made and the cost of advertising shall be borne equally by each entity, whenever joint purchasing is undertaken. Form Revised on 5-11-12 Contract No. 15-161 3. The City of College Station and The City of North Richland Hills Purchasing Agents shall agree on who is responsible for all such administrative duties as may be necessary to lawfully facilitate processing and preparation of any bids, proposals and request for qualifications and other procurement activity as may be required for the purchase of any equipment, supplies, services, insurance, high technology, professional services and other expenditures that may be exempt from competitive bidding/proposals. The City of College Station and The City of North Richland Hills shall share equally any and all cash rebates related to any joint purchases pursuant to this Agreement. 4. Each entity shall pay invoices directly to the providers of goods and services that are invoiced and delivered directly to each respective entity. 5. Participation of either entity in any cooperative purchasing activity is strictly voluntary. Nothing in this Agreement shall prevent either entity from purchasing and/or accepting and awarding bids, proposals and contracts subject to this Agreement on its own behalf. 6. Each entity shall ensure that all applicable laws and ordinances have been satisfied. 7. Effective Date and Term. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect until February 28, 2016. This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. The conditions set forth below shall apply to the initial term and all renewals. Notwithstanding this provision, any party may modify or terminate this Agreement as provided in Paragraph(s) 8 or 9. 8. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of all parties. Mutual consent will be demonstrated approval of each governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. 9. Termination. By the City of College Station or the City of North Richland Hills. This Agreement may be terminated at any time by the City of College Station or the City of North Richland Hills, with or without cause, upon thirty (30) days written notice to the other parties in accordance with Paragraph 12 herein. 10. Hold Harmless. The City of College Station and The City of North Richland Hills agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of Form Revised on 5-11-12 Contract No. 15-161 2 every kind, including all expenses of litigation, court costs and attorney's fees, for injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement. 11. Invalidi . 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. 12. Written Natice. 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. City of College Station: Fiscal Services - Purchasing Division City of College Station 1101 Texas Ave. P.O. Box 9960 College Station, Texas 77842 City of North Richland Hills: Purchasing Department 7301 NE Loop 820 North Richland Hills, TX 76180 13. Entire A reement. It is understood that this Agreement contains the entire agreement between the parties and supercedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. Nor 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 any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 14. 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 both parties. 15. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 16. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 17. Authoritv 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 Form Revised on 5-11-12 Contract No. 15-161 3 Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 18. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereo£ 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 subsequentbreach. 19. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 20. Assi nment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 21. Multiple Ori inals. 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. Form Revised on 5-11-12 Contract No. 15-161 4 CITY OF COLLEGE STATION CITY OF NORTH RICHLAND HILLS BY: Mayor DATE: ATTEST: City Secretary APPROVED: City Manager City Attorney Assis n ty Manager/CFO Form Revised on 5-11-12 Contract No. 15-161 DATE: ATTEST: City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0121 Name:ILA City of College Station and TAMU Status:Type:Presentation Consent Agenda File created:In control:2/24/2015 City Council Regular On agenda:Final action:3/12/2015 Title:Presentation, possible action, and discussion regarding a revised Interlocal Agreement between the City of College Station and Texas A&M University for cooperative purchasing. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:CS JOINT PROCURE TAMU.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding a revised Interlocal Agreement between the City of College Station and Texas A&M University for cooperative purchasing. Recommendation(s):Staff recommends approval of the revised Interlocal Agreement. Summary:The City and TAMU previously entered into an Interlocal Agreement in June 1999 for the purchase of equipment and supplies.This revised ILA will expand the authority of the respective agencies to work together on purchases of equipment,supplies and services,including but not limited to insurance,technology,professional services and temporary employment services.This ILA will replace the existing ILA approved by Council in June 1999. Budget &Financial Summary:No expenses will be incurred in this process.Economies of scale are anticipated to produce savings in administrative, advertising and other costs. Reviewed and Approved by Legal. Attachments:Revised Interlocal Agreement College Station, TX Printed on 3/9/2015Page 1 of 1 powered by Legistar™ \\10.176.2.252\granicus_nas\insite\files\COLL\Attachments\0c011f0c-f674-4b5d-80f7-384a4ddcb89e.docx Page 1 of 4 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND TEXAS A&M UNIVERSITY WHEREAS, the City of College Station, Texas (“City”) and Texas A&M University (“TAMU”), also known as “the parties”, have previously entered into an Interlocal Agreement for the purchase of equipment and supplies; and WHEREAS, the City and TAMU desire to expand the authority of their Purchasing Agents to prepare proposals, requests for qualifications and other procurement activity for the purchase of services, insurance, high technology, professional services and to commit authorized expenditures; and WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes all local governments to contract with each other to perform governmental functions or services including administrative functions normally associated with the operation of government such as purchasing necessary equipment, supplies and services; and WHEREAS, the City and TAMU desire to enter into this Agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs and services; and WHEREAS, the City is a Home-Rule Municipal Corporation organized under the laws of Texas and is authorized to enter into this Agreement pursuant to Article II, Section 5 of its City Charter; and WHEREAS, TAMU is a member of The Texas A&M University System, an agency of the State of Texas, and is authorized to enter into this Agreement pursuant to Texas Education Code 85.18; and WHEREAS, the City and TAMU represent that each are independently authorized to perform the functions or services contemplated by this Agreement; and WHEREAS, each party has sufficient funds available from current revenues to perform the functions contemplated by this Agreement; and WHEREAS, it is deemed in the best interests of all participating governments that they enter into a mutually satisfactory agreement for the purchase of necessary equipment, supplies and services; and WHEREAS, the participating governments are of the opinion that cooperation in the purchasing of equipment, supplies, services and auctions will be beneficial to the taxpayers of the governments through the efficiencies and potential savings to be realized. NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as to each of the other as follows: \\10.176.2.252\granicus_nas\insite\files\COLL\Attachments\0c011f0c-f674-4b5d-80f7-384a4ddcb89e.docx Page 2 of 4 That the parties acknowledge the truth of all the preceding recitals and that they are incorporated herein for all purposes. 1. City and TAMU Purchasing Agents shall be authorized to prepare bids, proposals, requests for qualifications and other procurement activity for the purchase of goods and services as may be mutually or individually beneficial to City and TAMU. 2. The respective purchasing agents shall fairly distribute the bids, proposals, requests for qualifications and other purchases to be made and the cost of advertising for those joint purchasing initiatives shall be borne equally by each entity. 3. The City and TAMU purchasing agents shall agree on who is responsible for all such administrative duties as may be necessary to lawfully facilitate processing and preparation of any bids, proposals and request for qualifications and other procurement activity as may be required for the purchase of any goods and services. The City and TAMU shall share equally any and all cash rebates related to any joint purchases pursuant to this Agreement. Rebates derived from an individual entity’s solicitation and award remain with the issuing entity even though such solicitation and award may be utilized by the other party for the procurement of goods and services. 4. Each entity shall pay invoices directly to the providers of goods and services that are invoiced and delivered directly to each respective entity. 5. Nothing in this Agreement shall prevent either entity from purchasing and/or accepting and awarding bids, proposals, and contracts subject to this Agreement on its own behalf. 6. Each entity shall ensure that all applicable laws and ordinances have been satisfied. 7. Effective Date and Term. This agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect until September 30, 2019 unless sooner terminated in accordance with the provisions of this Agreement. The conditions set forth below shall apply to the initial term and all renewals. Notwithstanding this provision, any party may modify or terminate this Agreement as provided herein. 8. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of all parties. Mutual consent will be demonstrated by approval of each governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. 9. Termination by the City or TAMU. This Agreement may be terminated at any time by the City or TAMU, with or without cause, upon thirty (30) days written notice to the other parties in accordance with Paragraph 13 herein. 10. Hold Harmless. The City and TAMU agree, to the extent permitted by the Constitution and laws of the State of Texas, to hold each other harmless from and against any and all claims, \\10.176.2.252\granicus_nas\insite\files\COLL\Attachments\0c011f0c-f674-4b5d-80f7-384a4ddcb89e.docx Page 3 of 4 losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney’s fees, for injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement. 11. 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. 12. 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. City of College Station Fiscal Services – Purchasing Division City of College Station 1101 Texas Ave. P.O. Box 9960 College Station, Texas 77842 TAMU: Purchasing Department TAMU 1477 TAMU. College Station, Texas 77843-1477 13. 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 any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 14. 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 both parties. 15. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 16. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas. 17. 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 \\10.176.2.252\granicus_nas\insite\files\COLL\Attachments\0c011f0c-f674-4b5d-80f7-384a4ddcb89e.docx Page 4 of 4 executing this Agreement hereby represent that they have authorization to sign on behalf of this respective entities. 18. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or any 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 const itute consent to or waiver of nor excuse any other different or subsequent breach. 19. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 20. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 21. Multiple Originals. 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. TEXAS A&M UNIVERSITY CITY OF COLLEGE STATION By:________________________ By:___________________________ Rex E. Janne Mayor University Contracts Officer Date:_________________________ Date:_______________________ ATTEST: ______________________________ City Secretary Date:_________________________ APPROVED: ______________________________ City Manager Date:________________________ ______________________________ City Attorney Date:_________________________ _____________________________ Assistant City Manager/CFO Date:________________________ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0130 Name:Texas A&M to File Application to Host 2016 Presidential/Vice Presidential Debate, Community Support Vital to Successful Effort Status:Type:Resolution Consent Agenda File created:In control:3/2/2015 City Council Regular On agenda:Final action:3/12/2015 Title:Presentation, possible action, and discussion regarding approval of a Resolution supporting the proposal by Texas A&M University to host a 2016 Presidential or Vice Presidential Debate. Sponsors:Jay Socol Indexes: Code sections: Attachments:Resolution to Host Presidential or Vice Presidential Debate UPDATED.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a Resolution supporting the proposal by Texas A&M University to host a 2016 Presidential or Vice Presidential Debate. Relationship to Strategic Goals: ·Good Governance Recommendation(s): Staff recommends approval. Summary: Texas A&M University is filing an application to host a 2016 Presidential or Vice President Debate.Hosting an event of this magnitude will not only shine a "worldwide" spotlight on our thriving community, it will also attract thousands of journalists and others from around the nation, resulting in a tremendous financial boost to our local economy. Support from local communities is a key factor in determining where the debates will actually take place. Therefore, our strong partnership with the City of College Station is vital to our efforts to land one of the four debates. Budget & Financial Summary: N/A Attachments: 1. Resolution College Station, TX Printed on 3/9/2015Page 1 of 1 powered by Legistar™ RESOLUTION NO.___________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS IN SUPPORT OF THE PROPOSAL BY TEXAS A&M UNIVERSITY TO HOST A 2016 PRESIDENTIAL OR VICE PRESIDENTIAL DEBATE. WHEREAS, Texas A&M University, the first public institution of higher education in Texas, opened in 1876 under the Morrill Land-Grant Act, is now the 5th largest university in the country with a student body of more than 62,000; WHEREAS, Texas A&M University remains committed to the values of its land-grant heritage by expanding educational access, outreach and service to people of all backgrounds in the community, the region, the state and the country; WHEREAS, Texas A&M University is one of a select group of national Tier One research universities to have land, sea and space-grant designations that help garner research expenditures of more than $850 million; WHEREAS, Texas A&M University is helping to create multi-disciplinary solutions to the grand challenges facing the state, the nation and the world; as well as raise awareness of many of these pressing issues and stimulate interest in finding solutions; WHEREAS, Texas A&M University continues to maintain and uphold its core values of excellence, integrity, leadership, loyalty, respect and selfless service; as well as its purpose, which is to develop leaders of character dedicated to serving the public good; WHEREAS, Texas A&M University’s commitment to public service contributed to the university being chosen as the home of the George Bush Presidential Library and Museum (which brings millions of visitors to the local community) and spawned the highly ranked Bush School of Government and Public Service; WHEREAS, Texas A&M University and the twin cities of Bryan/College Station have enjoyed a mutually beneficial relationship for generations; both cities have grown exponentially as Texas A&M has grown and each continues to develop and thrive as diverse, multi-ethnic environments, fostering a friendly and inclusive hometown for Aggie students, faculty and staff that far exceeds the average college town; WHEREAS, Texas A&M University engages with the state, region and community in a multitude of ways, through service learning projects, such as the largest one-day, student-run service project in the nation, The Big Event, as well as countless other service organizations; and through educational enrichment programs and summer camps from teacher education to STEM to 4-H; and entertainment not just for Aggie students but for the entire community, through high- quality direct-from-Broadway shows to the many notable events and distinguished speakers who have addressed the university -- from former presidents to renowned scientists to civil rights leaders and numerous others; And, WHEREAS Texas A&M University has also long recognized the demands of a global society and the necessity for global reach, maintaining a center in Costa Rica, facilities in Italy and Mexico and branch campuses in Galveston and Doha, Qatar (fully funded by Qatar Foundation) as well as nurturing a long history of international cooperation and collaboration to facilitate study abroad, global competence, international research partnerships such as the collaborative research grant program between Texas A&M and Mexico’s CONACYT, and membership in such initiatives as The Confucius Institute to enhance Chinese language and culture at the university; all to enhance educational, cultural and research opportunities around the world and prepare students to live and compete in a global society; WHEREAS, Texas A&M University and other members of the Texas A&M University System based locally continue to increase their economic impact on the area; in 2013 the economic impact was $4.42 billion, an increase of almost $113 million from 2012 levels (based on the use of a standard 2.5 multiplier effect representing the number of times such generated dollars are typically spent and re-spent in the local economy) and; WHEREAS, Texas A&M University and the cities of Bryan/College Station and the Brazos Valley have partnered to mutual advantage on projects such as the agreement between the city of College Station regarding the expansion of Kyle Field; expenditures by visitors attending sporting events and other campus activities totaled an estimated $385 millio n, almost $8 million more than for the previous year. The estimated number of visitors totaled more than 1.3 million, with the average visitor from out-of-town staying 2.5 days in the local community; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City of College Station joins the City of Bryan, Brazos County and the region known as the Brazos Valley, as well as the Bryan Independent School District and the College Station Independent School District and fully supports Texas A&M University in its bid to host a Presidential or Vice Presidential Debate. ADOPTED this __________day of _____________________, A.D. 20____. 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:115-0132 Name:Texas Department of State Health Services (DSHS), Vital Statistics, Data Use Agreement Status:Type:Agreement Consent Agenda File created:In control:3/6/2015 City Council Regular On agenda:Final action:3/12/2015 Title:Presentation, possible action, and discussion regarding a Data Use Agreement with Texas Department of State Health Services (DSHS), Vital Statistics for access to Confidential Information. Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:Draft Texas Department of State Health Services (DSHS), Vital Statistics, Data Use Agreement.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a Data Use Agreement with Texas Department of State Health Services (DSHS), Vital Statistics for access to Confidential Information. Relationship to Strategic Goals: ·Good Governance Recommendation(s): Staff recommends approval. Summary: Staff received an email from DSHS, Vital Statistics, stating that pursuant to changes in federal law, the Texas Department of State Health Services (DSHS), as part of the Health and Human Services Enterprise, is requiring its contractors to execute the attached Data Use Agreement (DUA) for its contracts or agreements under which DSHS provides, gives access to, or transmits Confidential Information (CI) to a contractor. Budget & Financial Summary: N/A Attachments: 1. Draft Texas Department of State Health Services (DSHS), Vital Statistics, Data Use Agreement College Station, TX Printed on 3/9/2015Page 1 of 1 powered by Legistar™ HHS Contract No 2014-044161-001 HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 1 of 11 DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE AND CITY OF COLLEGE STATION (“CONTRACTOR”) This Data Use Agreement (“DUA”), effective as of the date signed below (“Effective Date”), is entered into by and between the Texas Health and Human Services Enterprise agency Department of State Health Services (“HHS”) and CITY OF COLLEGE STATION (“CONTRACTOR”), and incorporated into the terms of HHS Contract No.2014-044161-001 in Travis County, Texas (the "Base Contract"). A R T I C L E 1 . P URP O S E ; A P P L I C A B I L I T Y ; O RDE R O F P R E C E D E N C E The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR’s rights and obligations with respect to the Confidential Information and the limited purposes for which the CONTRACTOR may create, receive, maintain, use, disclose or have access to Confidential Information. 45 CFR 164.508(2)(ii)(A) This DUA also describes HHS’s remedies in the event of CONTRACTOR’s noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. A R T I C L E 2 . D E F I N I T I O N S For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in this DUA are defined as follows: “Authorized Purpose” means the specific purpose or purposes described in the Scope of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. “Authorized User” means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. HHS Contract No 2014-044161-001 HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 2 of 11 “Confidential Information” means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR or that CONTRACTOR may create, receive, maintain, use, disclose or have access to on behalf of HHS that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information; (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Personally Identifiable Information; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. “Legally Authorized Representative” of the Individual, as defined by Texas law, including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code §166.164; Estates Code Ch. 752 and Texas Prob. Code § 3. A R T I C L E 3 . C O N T R A C T O R ' S D U T I E S R E G A R D I N G C O N F I D E N T I A L I N F O R M A T I O N Section 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law. 45 CFR.504(e)(2)(i) (B) CONTRACTOR will not, without HHS’s prior written consent, disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management, to carry out the Authorized Purpose or as Required by Law. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code §181.101 (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C.F.R. 164.308(a)(ii)(C), 164.530(e), 164.410(b) (D) CONTRACTOR will not, without prior written approval of HHS, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying HHS so that HHS may have the opportunity to object to the disclosure or access and seek appropriate relief. If HHS objects to such disclosure or access, CONTRACTOR will refrain from disclosing or HHS Contract No 2014-044161-001 HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 3 of 11 providing access to the Confidential Information until HHS has exhausted all alternatives for relief. 45 CFR 164.504(a),(c)(e) and (f) (E) CONTRACTOR will not attempt to re-identify or further identify Confidential Information or De-identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and (4); Texas Health & Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information, on behalf of CONTRACTOR without express written approval of HHS, in advance. HHS prior approval, at a minimum will require that Subcontractor and CONTRACTOR execute the Form Subcontractor Agreement, Attachment 1, which ensures the subcontract contains identical terms, conditions, safeguards and restrictions as contained in this DUA for PHI and any other relevant Confidential Information and which permits more strict limitations; and 45 CFR 164.504(e)(2)(ii)(A), (B), (D) and (e)(5) (G) CONTRACTOR is directly responsible for compliance with, and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set, CONTRACTOR will make PHI available to HHS in a Designated Record Set or, as directed by HHS, provide PHI to the Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will make other Confidential Information in CONTRACTOR’s possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. 45 CFR 164.524and 164.504(e)(2)(ii)(E) (I) CONTRACTOR will make PHI as required by HIPAA available to HHS for amendment and incorporate any amendments to this information that HHS directs or agrees to pursuant to the HIPAA. 45 CFR 164.504(e)(2)(ii)(E) and (F) (J) CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164.504(e)(2)(ii)(G) and 164.528 (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI by any Individual subject to this DUA, it will promptly forward the request to HHS; however, if it would violate HIPAA to forward the request, CONTRACTOR will promptly notify HHS of the request and of CONTRACTOR’s response. Unless CONTRACTOR is prohibited by law from forwarding a request, HHS will respond to all such requests. 45 CFR 164.504(e)(2) (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance wit h controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202 (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use or disclose PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR’s legal responsibilities if: 45 CFR 164.504(e)(ii)(1)(A) HHS Contract No 2014-044161-001 HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 4 of 11 (1) Disclosure is Required by Law, provided that CONTRACTOR complies with Section 3.01(D); (2) CONTRACTOR obtains reasonable assurances from the Person to whom the information is disclosed that the Person will: (a) Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and (c) Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164.504(e)(4)(ii)(B) (N) Except as otherwise limited by this DUA, CONTRACTOR will, if requested by HHS, use PHI to provide data aggregation servi ces to HHS, as that term is defined in the HIPAA, 45 C.F.R. §164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(i)(B) (O) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, return to HHS or Destroy, at HHS’s election, and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR’s agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or returned to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, CONTRACTOR acknowledges and agrees that it may not Destroy any Confidential Information if federal or state law, or HHS record retention policy or a litigation hold notice prohibits such Destruction. If such return or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such return or Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the Confidential Information and limit its further uses and disclosures to the purposes that make the return of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(J) (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) (Q) If CONTRACTOR transmits, stores, and/or maintains Confidential Information on non-HHS systems or networks, CONTRACTOR completed the HHS initial security assessment at http://hhscx.hhsc.state.tx.us/tech/default.shtml to identify and mitigate identified risks prior to execution of this DUA. CONTRACTOR's initial security assessment will document security controls within CONTRACTOR's system that protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306 (R) CONTRACTOR will establish, implement and maintain any and all appropriate procedural, administrative, physical and technical safeguards to preserve and maintain the HHS Contract No 2014-044161-001 HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 5 of 11 confidentiality, integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards) (S) CONTRACTOR will designate and identify, subject to HHS approval, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. 45 CFR 164.308(a)(2) (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d) (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the DUA. 45 CFR 164.308; 164.514(d) (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received, used or disclosed by CONTRACTOR on behalf of HHS for HHS’s review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308; 164.514(d) (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary, or other federal or state law. 45 CFR 164.504(E)(1)(I) (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form. A secure transmission of electronic Confidential Information in motion includes secure File Transfer Protocol (SFTP) or Encryption at an appropriate level or otherwise protected as required by rule, regulation or law. HHS Confidential Information at rest requires Encryption unless there is adequate administrative, technical, and physical security, or as otherwise protected as required by rule, regulation or law. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De-identification of HHS Confidential Information is a means of security. With respect to de-identification of PHI, "secure" means de-identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312; 164.530(d) (Z) CONT RACT OR will co mply with the follo wing la ws and standards if applicable to the type of Confidential Information and Contractor's Authorized Purpose: HHS Contract No 2014-044161-001 HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 6 of 11  Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code;  The Privacy Act of 1974;  OMB Memorandum 07-16;  The Federal Information Security Management Act of 2002 (FISMA);  The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA;  Internal Revenue Publication 1075 – Tax Information Security Guidelines for Federal, State and Local Agencies;  National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 – An Introductory Resource Guide for Implementing the Health Insuranc e Portability and Accountability Act (HIPAA) Security Rule;  NIST Special Publications 800-53 and 800-53A – Recommended Security Controls for Federal Information Systems and Organizations, as currently revised;  NIST Special Publication 800-47 – Security Guide for Interconnecting Information Technology Systems;  NIST Special Publication 800-88, Guidelines for Media Sanitization;  NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and  Any other State or Federal law, regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS Section 4.01. Breach or Event Notification to HHS. 45 CFR 164.400-414 (A) CONTRACTOR will cooperate fully with HHS in investigating, mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. (B) CONTRACTOR’S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS’s satisfaction (the "incident response period"). 45 CFR 164.404 (C) Breach Notice: 1. Initial Notice. a. For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing, initially report to HHS's Privacy and Security Officers via email at: privacy@HHS.state.tx.us; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. b. Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410 HHS Contract No 2014-044161-001 HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 7 of 11 c. Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. 2. 48-Hour Formal Notice. No later than 48 consecutive clock hours after Discovery, or a time within which Discovery reasonably should have been made by CONTRACTOR of an Event or Breach of Confidential Information, provide formal notification to the State, including all reasonably available information about the Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available: For (a) - (m) below: 45 CFR 164.400- 414 a. The date the Event or Breach occurred; b. The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; c. A brief description of the Event or Breach; including how it occurred and who is responsible (or hypotheses, if not yet determined); d. A brief description of CONTRACTOR's investigation and the status of the investigation; e. A description of the types and amount of Confidential Information involved; f. Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the individual and if applicable the, Legally authorized representative, last known address, age, telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; g. CONTRACTOR’s initial risk assessment of the Event or Breach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; h. CONTRACTOR's recommendation for HHS’s approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm, including without limitation CONTRACTOR’s provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; i. The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); j. The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; k. Identify, describe or estimate of the Persons, Workforce, Subcontractor, or Individuals and any law enforcement that may be involved in the Event or Breach; l. A reasonable schedule for CONTRACTOR to provide regular updates to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and m. Any reasonably available, pertinent information, documents or reports related to an Event or Breach that HHS requests following Discovery. HHS Contract No 2014-044161-001 HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 8 of 11 Section 4.02 Investigation, Response and Mitigation. For A-F below: 45 CFR 164.308, 310 and 312 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS’s compliance with report and notification requirements, to the satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. Section 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators or third-parties, as specified by HHS following a Breach. (B) CONTRACTOR must obtain HHS’s prior written approval of the time, manner and content of any notification to Individuals, regulators or third-parties, or any notice required by other state or federal authorities. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. (D) CONTRACTOR will have the burden of demonstrating to the satisfaction of HHS that any notification required by HHS was timely made. If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR’s information requests in order to make such notifications and reports. A R T I C L E 5 . S C O P E O F W O R K Scope of Work means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Scope of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. HHS Contract No 2014-044161-001 HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 9 of 11 ARTICLE 6. GENERAL PROVISIONS S e c t i o n 6 . 0 1 Ownership of Confidential Information CONTRACTOR acknowledges and agrees that the Confidential Information is and will remain the property of HHS. CONTRACTOR agrees it acquires no title or rights to the Confidential Information. Section 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. Section 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection, HHS’s agent(s) include, without limitation, the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. Section 6.04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein . If the Base Contract is extended or amended, this DUA is updated automatically concurrent with such extension or amendment. (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (D) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: 1. Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or 2. Require CONTRACTOR to submit to a corrective action plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or 3. Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or 4. Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Travis County, Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation and the action it intends to take. (E) If neither termination nor cure is feasible, HHS shall report the violation to the Secretary. (F) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. HHS Contract No 2014-044161-001 HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 10 of 11 Section 6.05 Governing Law, Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Travis County, Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. Section 6.06 Injunctive Relief (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly, CONTRACTOR agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. Section 6.07 Indemnification CONTRACTOR will indemnify, defend and hold harmless HHS and its respective Executive Commissioner, employees, Subcontractors, agents (including other state agencies acting on behalf of HHS) or other members of its Workforce (each of the foregoing hereinafter referred to as “Indemnified Party”) against all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising from or in connection with any breach of this DUA or from any acts or omissions related to this DUA by CONTRACTOR or its employees, directors, officers, Subcontractors, or agents or other members of its Workforce. The duty to indemnify, defend and hold harmless is independent of the duty to insure and continues to apply even in the event insurance coverage required, if any, in the DUA or Base Contract is denied, or coverage rights are reserved by any insurance carrier. Upon demand, CONTRACTOR will reimburse HHS for any and all losses, liabilities, lost profits, fines, penalties, costs or expenses (including reasonable attorneys’ fees) which may for any reason be imposed upon any Indemnified Party by reason of any suit, claim, action, proceeding or demand by any third party to the extent caused by and which results from the CONTRACTOR’s failure to meet any of its obligations under this DUA. CONTRACTOR’s obligation to defend, indemnify and hold harmless any Indemnified Party will survive the expiration or termination of this DUA. Section 6.08 Insurance (A) In addition to any insurance required in the Base Contract, at HHS's option, HHS may require CONTRACTOR to maintain, at its expense, the special and/or custom first - and third-party insurance coverages, including without limitation data breach, cyber liability, crime theft and notification expense coverages, with policy limits sufficient to cover any liability arising under this DUA, naming the State of Texas, acting through HHS, as an additional named insured and loss payee, with primary and non-contributory status, with required insurance coverage, by the Effective Date, or as required by HHS. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. HHS Contract No 2014-044161-001 HHS Data Use Agreement V.8.2 HIPAA Omnibus Compliant February 6, 2015 Page 11 of 11 Section 6.09 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, including but not limited to requirements to insure and/or indemnify HHS, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. Section 6.10 Entirety of the Contract This Data Use Agreement is incorporated by reference into the Base Contract and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. Section 6.11 Automatic Amendment and Interpretation Upon the effective date of any amendment or issuance of additional regulations to HIPAA, or any other law applicable to Confidential Information, this DUA will automatically be amended so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such requirements. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. A R T I C L E 7 . A U T H O R I T Y T O E X E C U T E The Parties have executed this DUA in their capacities as stated below with authority to bind their organizations on the dates set forth by their signatures. IN WITNESS HEREOF, HHS and CONTRACTOR have each caused this DUA to be signed and delivered by its duly authorized representative: TEXAS HEALTH AND HUMAN SERVICES BY: NAME: TITLE: CONTRACTOR BY: NAME: TITLE: DATE: , 201 . DATE: , 201 . HHS Contract No. 2014-044161-001 A T T A C H M E N T 1 . S U B C O N T R A C T O R A G R E E M E N T F O R M HHS CONTRACT NUM BER 2014-044161-001 The DUA between HHS and CONTRACTOR establishes the permitted and required uses and disclosures of Confidential Information by CONTRACTOR. CONTRACTOR has subcontracted with (SUBCONTRACTOR) for performance of duties on behalf of CONTACTOR which are subject to the DUA. SUBCONTRACTOR acknowledges, understands and agrees to be bound by the identical terms and conditions applicable to CONTRACTOR under the DUA, incorporated by reference in this Agreement, with respect to HHS Confidential Information. CONTRACTOR and SUBCONTRACTOR agree that HHS is a third-party beneficiary to applicable provisions of the subcontract. HHS has the right but not the obligation to review or approve the terms and conditions of the subcontract by virtue of this Subcontractor Agreement Form. CONTRACTOR and SUBCONTRACTOR assure HHS that any Breach or Event as defined by the DUA that SUBCONTRACTOR Discovers will be reported to HHS by CONTRACTOR in the time, manner and content required by the DUA. If CONTRACTOR knows or should have known in the exercise of reasonable diligence of a pattern of activity or practice by SUBCONTRACTOR that constitutes a material breach or violation of the DUA or the SUBCONTRACTOR's obligations CONTRACTOR will: 1. Take reasonable steps to cure the violation or end the violation, as applicable; 2. If the steps are unsuccessful, terminate the contract or arrangement with SUBCONTRACTOR, if feasible; 3. Notify HHS immediately upon reasonably discovery of the pattern of activity or practice of SUBCONTRACTOR that constitutes a material breach or violation of the DUA and keep HHS reasonably and regularly informed about steps CONTRACTOR is taking to cure or end the violation or terminate SUBCONTACTOR's contract or arrangement. This Subcontractor Agreement Form is executed by the parties in their capacities indicated below. CONTRACTOR SUBCONTRACTOR BY: BY: NAME: NAME: TITLE: TITLE: DATE , 201 . DATE: HHS Data Use Agreement V.8.2. HIPAA Omnibus Compliant February 6, 2015 Attachment 1 HHS Contract No. 2014-044161-001 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0113 Name:Nonconforming Signs- UDO Amendment Status:Type:Unified Development Ordinance Agenda Ready File created:In control:2/23/2015 City Council Regular On agenda:Final action:3/12/2015 Title:Public hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-9.6 "Nonconforming Signs," of the Code of Ordinances of the City of College Station, Texas regarding commercial signs in the Wellborn area. Sponsors:Jennifer Prochazka Indexes: Code sections: Attachments:Ordinance Action ByDate Action ResultVer. Public hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-9.6 "Nonconforming Signs," of the Code of Ordinances of the City of College Station, Texas regarding commercial signs in the Wellborn area. Relationship to Strategic Goals: ·Diverse Growing Economy Recommendation(s): The Planning and Zoning Commission considered this item at their February 19, 2015 meeting and voted 6-0 to recommend approval. Staff also recommends approval. Summary: All properties annexed as part of the Wellborn area annexation in 2011 were zoned A-O Agricultural-Open upon annexation (later renamed R Rural). Commercial uses existing at the time of annexation are considered nonconforming and are permitted to remain. The Unified Development Ordinance (UDO) does not permit commercial signs in the R Rural district. Currently, existing businesses in the R Rural district must seek a commercial zoning on the property prior to installing or altering a commercial sign. The proposed UDO amendment is intended to allow attached commercial signs on existing commercial structures without having to seek rezoning. Budget & Financial Summary: N/A Attachments: 1. Signed Ordinance College Station, TX Printed on 3/9/2015Page 1 of 1 powered by Legistar™ ORDINANCE NO. ____________ AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” ART. 9 “NONCONFORMITIES” SEC. 12-9.6 “NONCONFORMING SIGNS,” AS SHOWN IN EXHIBIT A, 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,” Article 9 “Nonconformities” 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) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this ___ day of _____, 2015. APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Page 2 of 2 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Art. 9 “Nonconformities” Sec. 12-9.6. “Nonconforming Signs” is amended and is to read as follows: Article 9. Nonconformities Sec. 12-9.6. Nonconforming Signs. D. Regulations for Certain Nonconforming Properties Zoned R Rural. Attached signs may either be erected or structurally altered on a nonconforming nonresidential structure located on property within the area annexed by Ordinance No. 3331, dated April 14, 2011, provided the proposed sign or alteration complies with Section 12-7.5.I. “Attached Signs” of this UDO. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0129 Name:2nd Annexation Public Hearing – 233 Acres Status:Type:Annexation Agenda Ready File created:In control:3/2/2015 City Council Regular On agenda:Final action:3/12/2015 Title:Public hearing, presentation, possible action, and discussion regarding the annexation service plan for approximately 233 acres located on the southwest side of the City, identified for annexation under the exempt status. Sponsors:Lance Simms Indexes: Code sections: Attachments:Map of annexation Area Service Plan Annexation Impacts - Summary Report Action ByDate Action ResultVer. Public hearing,presentation, possible action, and discussion regarding the annexation service plan for approximately 233 acres located on the southwest side of the City, identified for annexation under the exempt status. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy ·Improving Mobility Recommendation(s): The Planning & Zoning Commission heard this item on 19 February and voted 6-0 to recommend approval of the annexation. Summary: This is the second of two public hearings held by the City Council prior to initiating annexation proceedings for approximately 233 acres on the southwest side of the City, generally bordered by Royder Road, FM 2154 (aka Wellborn Road), and Greens Prairie Trail. Prior to the public hearing, staff will present an overview of the attached annexation service plan. The purpose of the public hearings is to give individuals the opportunity to express their views regarding the proposed annexation and the service plan. Council is not expected to take any action at the public hearings. Following is a summary of work accomplished to date: College Station, TX Printed on 3/9/2015Page 1 of 3 powered by Legistar™ File #:15-0129,Version:1 · August 2014 - Council granted a petition to annex 70 acres and directed staff to move forward with the annexation process for an additional 163 acres · October 2014 - Staff held an informational meeting at Greens Prairie Elementary School. The purpose of the meeting was to present an overview of the annexation process and address questions from area residents. · November 2014 - At a City Council workshop, the Council provided feedback to staff regarding the provision of sewer service · January 2015 - Council approved an ordinance establishing the public hearing dates and authorizing staff to prepare the annexation service plan · February 2015 - The Planning & Zoning Commission considered this item and voted unanimously to recommend annexation · March 10, 2015 - Council held the first of two annexation public hearings In terms of annexation planning, the northern portion of the subject property is identified in Chapter Eight of the Comprehensive Plan for immediate annexation (0-3 years). The southern portion of the subject property is identified for near-term annexation (3-10 years). Please keep in mind that the Comprehensive Plan was adopted in 2009. Chapter Eight of the Comprehensive Plan also provides reasons to consider annexation of each proposed area. For the subject property, the Comprehensive Plan lists the following: • Provides control of gateway frontage (FM 2154); • Part or all of area qualifies for non-annexation development agreements; • Area is adjacent to the City on two or more sides; and, • Opportunity to preserve existing character Chapter two of the Comprehensive Plan proposed the creation of a district plan that respects and preserves the appeal and special character of the Wellborn community. Following annexation of the Wellborn community in 2011, staff began working with residents of the Wellborn area to develop a district plan that identifies and retains the elements of the community that contributes to its rural character. The Wellborn Community Plan was completed in early 2013 and adopted by the City Council on April 25, 2013. Approximately 123 acres of the proposed annexation area is included in the Wellborn Community Plan, 70 acres of which is designated as "Wellborn Restricted Suburban" on the Future Land Use and Character Map. The remaining 53 acres, owned by College Station ISD, is designated "Wellborn Institutional/Public" on the Future Land Use and Character Map. The Council is scheduled to take final action on the annexation ordinance on Thursday, April 9, 2015. Budget & Financial Summary: See attached Annexation Summary Report Attachments: 1. Map of Annexation Area 2. Annexation Service Plan 3. Annexation Summary Report College Station, TX Printed on 3/9/2015Page 2 of 3 powered by Legistar™ File #:15-0129,Version:1 College Station, TX Printed on 3/9/2015Page 3 of 3 powered by Legistar™ 1 CITY OF COLLEGE STATION SERVICE PLAN FOR THE AREA TO BE ANNEXED EFFECTIVE MAY 8, 2015 I. ANNEXATION AREA The annexation area is located on the southwest side of the City of College Station, in the City’s Extraterritorial Jurisdiction. The area is illustrated in Figure 1 and generally described below. Area Description - approximately 233 acres generally bordered by Royder Road, FM 2154 (AKA Wellborn Road), and Greens Prairie Trail. II. INTRODUCTION This service plan has been prepared in accordance with the TEXAS LOCAL GOVERNMENT CODE, Sections 43.021, 43.065, and 43.056(b)-(o) (Vernon 2008, AND VERNON SUPP. 2009, as amended from time to time). Municipal facilities and services to the annexed area described above and illustrated in Figure 1 will be provided or made available on behalf of the City in accordance with the following plan. This plan provides a program under which the City of College Station will provide full municipal services to the annexed areas. All services will be provided within the time provided in the TEXAS LOCAL GOVERNMENT CODE, Section 43.056(B). This Service Plan does not:  require the creation of another political subdivision;  require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395, TEXAS LOCAL GOVERNMENT CODE; or  provide services in the area in a manner that would have the effect o f reducing, by more than a negligible amount, the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation. The level of services, infrastructure, and infrastructure maintenance provided to the annexed area is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and po pulation density similar to those reasonably contemplated or projected in the annexed area. 2 FIGURE 1 3 III. SERVICE COMPONENTS This plan contains three service components: (1) Immediate Services, (2) Additional Services, and (3) Capital Improvement Program. Immediate Services As required by the TEXAS LOCAL GOVERNMENT CODE, SECTION 43.056(B), Certain municipal services will be provided by the City of College Station immediately upon the effective date of annexation. These services include:  police protection;  fire protection;  emergency medical services;  solid waste collection, except as provided by Subsection 43.056(o);  operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility;  operation and maintenance of roads, and streets, including road and street lighting;*  operation and maintenance of publicly-owned parks, playgrounds, and swimming pools; and,  operation and maintenance of any other publicly-owned facility, building, or service. *Note: Street lighting will only be maintained for fixtures located within the service territory of College Station Utilities. A. Police Protection The College Station Police Department will provide police service, including routine patrol, traffic enforcement, and dispatch response to emergency and non -emergency service calls. B. Fire Protection The College Station Fire Department will provide fire protection, including response to emergency calls for assistance, fire prevention education, pre-fire planning, and target hazard inspections. Construction and development activities undertaken after the effective date of annexation shall comply with all fire and life-safety codes of the City of College Station. All structures shall comply with the address standards of the College Station Code of Ordinances within ninety (90) days of the effective annexation date. C. Emergency Medical Services The College Station Fire Department will provide emergency medical services (EMS). Each Fire Department ambulance, engine, and ladder truck is capable of pro viding EMS, including defibrillation, medical administration, IV therapy, advanced airway management, and initial treatment of injuries. D. Solid Waste Collection The College Station Public Works Department will provide fee -based solid waste collection service for residential and commercial customers. Customers in the annexed area may elect to continue using a private solid waste management service provider for a period of two years after the effective date of annexation in accordance with provisions of the TEXAS LOCAL GOVERNMENT CODE. The City will not charge a fee to a person who continues to use the services of a privately- owned solid waste management service provider during the aforementioned two -year period. 4 Residential Service – Residential solid waste collection (including brush and bulk items) is provided once per week. All residential service will be provided at a point of collection adjacent to, and accessible from, a public right -of-way or an improved surface acceptable to the City. Residential solid waste collection vehicles will not conduct operations on private property. However, residential service may be provided on private streets that comply with the Sanitation Division’s requirements for surface material, vehicle clearance, and turning radii. In the case of multiple residences located on a privately-owned road or drive, the City may require the establishment of a mass collection point at an area adjacent to the nearest public right -of-way. The City will provide one solid waste container per residential account. Additional containers are available for an additional fee. Commercial Service - Containers and collection points may be located on private property provided they can be easily accessed from a public right-of-way and the route of access and the collection point meets the Sanitation Division’s surface requirements, vehicle clearance, and turning radii. The City will provide standard commercial containers. Utility Account Required - In order to secure solid waste collection services in the annexed areas, each property owner must establish a utility account with the City of College Station. The City will not be responsible for damage to private drives, private streets, or parking areas caused by trucks servicing solid waste containers. E. Water and Wastewater Facilities The City of College Station will provide water and wastewater service to areas that are not located within the certificated service territory of another utility. The level of water and wastewater service, infrastructure, and infrastructure maintenance provided in the annexed area will be comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Municipal services to be provided within the annexed area may be provided by any of the methods in which the City provides services to other comparable areas. F. Roads and Streets The Public Works Department will maintain public roads and streets at a level comparable to the maintenance prior to annexation. These services include emergency pavement repair and preventative street maintenance. Right-of-way mowing activities along State highways are addressed in the City's maintenance agreement with the Texas Department of Transportation and will be added to the City's maintenance activities immediately following annexation. Maintenance priorities are determined on a City-wide basis taking into consideration factors such as age, traffic volume, surface conditions, nature of the maintenance, public safety hazards, and available funding. Existing street and traffic control signs shall conform to the City of College Station’s standards within ninety (90) days of the effective date of annexation. The City will install traffic control signs in accordance with College Station’s standards for same within ninety (90) days of the effective date of annexation. G. Parks and Recreation Facilities The City of College Station is not aware of the existence of any public ly-owned parks, public playgrounds, or public swimming pools in the proposed annexation area. In the event any such facilities exist, they will be maintained to the same degree and extent that the City maintains such parks, playgrounds and swimming pools within the current City limits. 5 H. Other Publicly-Owned Buildings and Facilities The City of College Station is not aware of the existence of any publicly-owned buildings in the proposed annexation area. In the event any such facilities exist, they will be maintained to the same degree and extent that the City maintains such facilities within the current City limits. Additional Services A. Building Permitting and Inspections Upon the effective date of annexation, the City will provide building permits and inspection services. This service will be made available to the annexed areas on the same basis and at the same level of service as similar facilities throughout the City. Service is provided on a “cost recovery” basis, and permit fees partially offset the costs of services delivered. Construction activities underway prior to annexation may continue provided that all construction after annexation complies with City codes and ordinances. All permits required by City codes and ordinances must be obtained for construction underway at the time of annexation. Permit fees will be waived for building construction underway prior to annexation. B. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. Upon annexation, planning and development services will be provided by way of the Unified Development Ordinance, the Comprehensive Plan, and other applicable codes and standards. The Comprehensive Plan contains information on future land use and character. It also includes a growth management and capacity section designed to accommodate growth by matching land use intensity with planned infrastructure. Upon annexation, all properties will be zoned R (Rural). The Comprehensive Plan will be used as the basis for evaluating rezoning requests after annexation. C. Animal Control The Police Department will provide animal control service upon the effective date of annexation. Animal control services include response to and investigation of reported animal bites, response to reports of stray or “at large” animals, and response to and investigation of animal cruelty and neglect reports. D. Code Enforcement Code enforcement services will be made available on the effective date of annexation. Code enforcement services include response to and investigation of nuisance issues, sanitation issues, illegal signs, abandoned or inoperable motor vehicles, property maintenance issues, and zoning violations. E. Economic and Community Development Economic and community development services will be made available on the effective date of annexation. Economic and Community Development services include the City’s HOME Investment Partnership Grant programs (rehabilitation assistance and minor repair programs as well as the down payment assistance program) and Community Development Block Grant (CDBG) Funds. CDBG Funds can be used for economic development and the construction and rehabilitation of various parks, public facilities, and infrastructure in income eligible areas. These funds may also be used for disaster relief and recovery efforts. 6 F. Recycling Collection For residential customers electing solid waste collection from the City of College Station, curbside recycling collection is also provided once per week. Items accepted in the curbside recycling program include:  Newspapers, magazines, and phone books  Aluminum and steel food cans  Clear and brown glass  Plastic bottles  Lead acid car batteries IV. WATER AND WASTEWATER SERVICE PROVISION This Water and Wastewater Service Plan (“Plan”) provides a program under which the City of College Station will provide full municipal services to the annexed area. For the purpose of this plan, “full municipal services” includes water and sewer services provided by the City within its full-purpose boundaries. The level of water and sewer service, infrastructure, and infrastructure maintenance provided in the annexed area will be comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City will not provide water or wastewater service in areas where another entity holds the CCN unless or until the City of College Station acquires the CCN. Municipal services may be provided by any of the methods by which the City provides services to other comparable areas within the City. All services will be provided within the time provided in the TEXAS LOCAL GOVERNMENT CODE SEC. 43.056(B). The City may extend facilities under this plan or otherwise serve these areas through the use of Impact Fees as permitted under CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE. Wastewater facilities for future development that increases densities beyond the capital improvements specified in this plan will be extended in accordance with the City’s Water and Wastewater policy in existence at the time of development. The water and wastewater extension policy is discussed in Section V, Water and Wastewater Capital Improvements. In general, the policy for extension of utility service is development driven, meaning that utility line extensions are typically installed by developers, in conjunction with development projects. The City may accept ownership and maintenance of major facilities, such as gravity sewer lines, manholes, lift stations and/or wastewater package plants, as required by the particular development. The City may elect to pay for upgrades or oversize of infrastructure projects being installed by developers. As an area develops, developers or homeowners extend water distribution and wastewater collection lines to individual lots. Generally, until an area becomes densely populated, the cost of utility extension is not feasible to be borne by a few lot owners. Also, in the case of wastewater treatment, developments with large lots will normally be constructed with on-site sewage treatment facilities that are privately owned and operated. Water The annexation area is in the water CCN service territory of Wellborn Special Utility District . The City of College Station does not have the right to provide water service in the annexation area, therefore, no water infrastructure will be provided by the City after annexation. Wastewater Wastewater service in the annexation area is currently provided by private on -site sewer facilities. The City recently installed a 12-inch gravity sewer main along the west side of Royder Road. Future development within the annexation area may access this sewer main through a combination of gravity lines and/or force mains. 7 As in other areas of College Station with similar topography, land use, and population density, the area currently served by private sewer treatment systems will remain on private systems until such time as significant development occurs to warrant the extension of an organized sanitary sewer collection system. V. CAPITAL IMPROVEMENTS Should the City make capital improvements to serve the annexed areas, the City reserves the right to levy an impact fee to the properties annexed according to Chapter 395 of the TEXAS LOCAL GOVERNMENT CODE and the City's Code of Ordinances. The City may, from time to time, include construction of new, expanded or replacement facilities in its Capital Improvements Program (CIP). Facilities to be included in the CIP shall be determined on a City-wide basis. Priorities shall be established by the CIP plans of the City, projected growth trends, and the City Council through its development plans and policies. A. Police Protection (including animal control) No capital improvements are necessary at this time to provide Police Services to the proposed annexation area. Police protection will be provided to the annexed areas through existing City facilities at a level of service comparable to the level of service in other parts of the City before annexation with topography, land use, and population density similar to those reasonable contemplated or projected in the area. B. Fire Protection (including EMS) No capital improvements are necessary at this time to provide Fire Protection to the proposed annexation area. Fire protection will be provided to the annexed areas through existing City facilities and mutual aid agreements at a level of service comparable to the level of service in other parts of the City before annexation with topography, land use and population density similar to those reasonable contemplated or projected in the area. C. Solid Waste Collection No capital improvements are necessary at this time to provide solid waste collection to the proposed annexation area. Solid waste collection services will be provided to the annexed areas through the City's existing facilities or through franchise agreements with private services at a level of service comparable to the level of service in other parts of the City before annexation with topography, land use and population density similar to those reasonable contemplated or projected in the area. D. Maintenance of Public Roads and Streets No capital improvements are necessary at this time to provide right-of-way maintenance. Maintenance will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. Any future improvement and/or enlargement of roads within existing rights-of-way will be included in future capital improvement programs in compliance with the City’s thoroughfare plan and/or as needed to facilitate the maneuvering of emergency and sanitation service vehicles. E. Parks, Playgrounds and Swimming Pools No capital improvements are necessary at this time to provide parks and recreation services to the proposed annexation area. Parks and recreation services will be provided through existing facilities at a level of service not less than exists in the area immediately preceding annexation. Additional park development in the annexed areas will be addressed through the development standards and procedures of the City as residential development occurs. Such park development includes, but is not limited to, dedication of park land and/or money in lieu of land in accordance 8 with the City of College Station Unified Development Ordinance and an existing interlocal agreement with the College Station Independent School District. F. Other Public Buildings and Facilities No capital improvements are necessary at this time to provide other public buildings and facilities to the proposed annexation area. Other public facilities, buildings or services will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. WATER AND WASTEWATER CAPITAL IMPROVEMENTS The water and wastewater utility extension policy of the City of College Station is as follows: The cost of off-site extension of water and wastewater facilities to serve a lot, tract, plat, or land development shall be borne by the owner or developer of the lot, tract, plat, or land by direct installation or through the use of Impact Fees. Where such extension is consistent with plans for the development of the City and its utility system the City may, by decision of the City Council, participate in the cost of construction so as to provide for additional capacity for the overall development of an area. The cost of water and wastewater facilities necessary to serve existing lots or new development within a subdivision plat or land development shall be borne by the lot owner or developer of the plat or land by direct installation or through the use of Impact Fees. Standard tap fees or other installation fees in effect on a citywide basis are in addition to impact fees levied. Water No water infrastructure will be provided to this area after annexation. The annexation area is located within the water CCN service territory of Wellborn SUD. Therefore, the properties will continue to be served by Wellborn SUD after annexation. Wastewater Properties within the annexation area are either vacant or served by private on-site sewer treatment systems. Properties currently served by private on-site systems will continue to be served by said systems until such time development and/or redevelopment warrants the extension of an organized sanitary collection system. VI. LEVEL OF SERVICES TO BE PROVIDED It is the intent of the City of College Station to provide the level of services required by State law. The City Council finds and determines that the services, infrastructure and infrastructure maintenance proposed by this plan are comparable to that provided to other parts of the City with topography, land use, and population density reasonably similar to the annexed area and will not reduce the level of services available to the territory prior to annexation. Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. 9 VII. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of the City Council. VIII. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council may amend the service plan to conform to the changed conditions or subsequent occurrences pursuan t to the TEXAS LOCAL GOVERNMENT CODE, Section 43.056 (VERNON 2008 and VERNON SUPP. 2009). Annexation Service Impacts Summary Report 26 February 2015 Table of Contents Page Background & Area Description .........................................................................................1 Annexation Considerations ..................................................................................................2 Immediate Impacts Police Services .........................................................................................................3 Fire Services (Including EMS) ...............................................................................3 Solid Waste Collection ............................................................................................3 Public Works ............................................................................................................3 Building Permits and Inspections ............................................................................4 Planning ...................................................................................................................4 Wastewater ...............................................................................................................4 Transportation ..........................................................................................................4 Fiscal Impact Analysis .........................................................................................................5 Methodology for Revenue Calculations ..............................................................................8 Appendix A - Service Standard Collection of Annual Public Costs ...................................9 Appendix B - Map of Annexation Area ............................................................................10 1 Background There are many reasons a city considers annexation. These include securing a tax base, utility extensions, implementing planned land uses and thoroughfares, providing for a safe built environment, protecting sensitive lands, preserving unique areas, and affording room for future growth. Historically, annexation has been a very important factor in sustaining the population growth of Texas cities and it continues to serve as a critical component of a city’s growth management strategy. Legislative changes at the state level have made annexations more difficult for Texas cities and there are many considerations when employing this strategy in any community. An important part of any annexation consideration is the anticipated impact caused on the city’s service delivery system, including the immediate "day after" services as well as the ultimate costs and revenues expected upon full build-out of the annexed area. This report is intended to present these cost considerations. Area Description A map of the area currently under consideration for annexation under the exempt status is included as appendix B. A general description of the area is provided below: The proposed annexation area contains approximately 233 acres, 47 dwelling units, and has an estimated population of 112 residents. It is generally bordered by Royder Road, Greens Prairie Trail, and FM 2154 (aka Wellborn Road). The annexation area contains approximately two miles of public roadway. 2 Annexation Considerations Growth Management and Capacity Chapter 8 of the City’s Comprehensive Plan addresses Growth Management & Capacity. The purpose of Chapter 8 is to establish the necessary policy guidance and associated strategies to enable the City to manage its ongoing physical growth and development in a sensible, predictable, and fiscally-responsible manner. In terms of future annexations, Chapter 8 provides Map 8.1 (Potential Annexation Priorities and Phasing) and Table 8.1 (Annexation Considerations). With respect to annexation timing, Map 8.1 designates the northern portion of the proposed annexation area as “Immediate” and the remainder as “Near Term”. “Immediate” means the area should be considered for annexation within zero to three years of the adoption of the Comprehensive Plan. “Near Term” means the annexation should be considered within three to ten years from adoption of the Comprehensive Plan. The Comprehensive Plan was adopted in May of 2009. Table 8.1 (Annexation Considerations) provides the following reasons to consider annexing the area:  Provides control of gateway frontage (FM 2154);  Part or all of area qualifies for a non-annexation development agreement;  Area is adjacent to the city on two or more sides; and  Preservation of existing character. Other Planning Considerations Annexation of the proposed area should be also be considered to enable land use control, provide effective thoroughfare planning, and provide for safe building construction. Utilities The proposed annexation area is totally within the Wellborn Special Utility District's water service area and is currently served by that entity. The area is also completely within the electric service territory of Bryan Texas Utilities. Capacity to Annex Chapter 43 of the Texas Local Government Code allows cities to annex up to ten percent of its size in any given year. This amount is allowed to be accrued and may accumulate for up to three years. Currently, College Station may annex up to 9,600 acres. The total area under consideration with this proposal is 233 acres or 2.4 % of the area allowed to be annexed by State law. 3 Immediate Impacts of Annexation The first cost consideration presented in the report involves those services that are provided immediately upon annexation. These typically include police services, fire protection, emergency medical services, solid waste collection, public right-of-way maintenance, utility maintenance (as applicable), code enforcement, development services, and building permitting and inspections. The Departments responsible for these services have provided information to assess the potential impact of annexing the area under consideration. The following is a summary of the initial impacts: Police Services The area proposed for annexation will have a minimal impact on the Police Department's ability to provide services. The land uses as proposed, do not create a need for more officers at this time and should pose minimal budget implications. Should development continue in the proposed annexation area, there is a possibility that beats will have to be restructured to adequately distribute the additional workload. If the workload becomes unmanageable and response times increase to an unacceptable level, the need for an additional beat will become a necessity. To cover an additional beat 24 hours a day, seven days a week would take an additional five officers. The Police Department will monitor the area and respond appropriately to the demand for emergency services. Fire Services Annexation of the area will have a moderate impact on the Fire Department’s service levels. As with any potential annexation there will be impacts on the Fire Department’s ability to deliver services within designated drive times. A future fire station (number seven) that houses staffing for one fire engine and one ambulance is proposed to be located within the annexation area. The City has an agreement with the College Station Independent School District regarding two acres of property within the annexation area. With the purchase of a 3,000- gallon water tanker and a grass firefighting truck, the Fire Department is in a better position to effectively respond to off-road areas and other areas not adequately covered by fire hydrants. The Fire Department will continue to work with the Brazos County Emergency Services Districts through existing mutual aid agreements to protect newly-annexed areas as growth occurs. Solid Waste Collection The proposed annexation area can be served by the Sanitation Division without additional personnel or collection equipment. Existing homes and businesses in the annexation area currently served by private waste service providers may elect to have the City provide solid-waste collection immediately after annexation or continue to use a private provider for a period of two years after the effective annexation date. Public Works – Thoroughfares and Street Maintenance Annexing the proposed area will have a moderate impact on the City’s ability to maintain streets and drainage. Should development continue in the proposed annexation area, there is a possibility that additional staff and equipment will be needed to handle 4 the increased workload. Following annexation, Public Works will monitor the area and respond appropriately to any increased demand for services. Traffic Signal System The proposed annexation area includes the intersection of Wellborn Road (FM 2154) and Greens Prairie Trail. Brazos County is currently developing construction plans to extend Greens Prairie Trail across the Union Pacific railroad and connect with I&GN Road in the county. The plans include the signalization of the intersection on Greens Prairie Trail and Wellborn Road, which would become the City’s maintenance responsibility upon annexation. The City has inquired with the County about including in the construction plans the City’s equipment specifications developed as part of the ITS Master Plan. Additionally, fiber will need to be extended to this intersection for communication purposes. Building Permits and Inspections Building plans review and building inspections for the areas under consideration can be provided without adversely impacting current service levels. Code Enforcement Code Enforcement services for the areas under consideration can be provided without adversely impacting current service levels. Planning The proposed exempt annexation areas will not adversely impact current planning service levels. The Planning and Development Services Department currently services this property by way of administration of Article 8, Subdivision Design and Improvements of the CITY OF COLLEGE STATION UNIFIED DEVELOPMENT ORDINANCE. Upon annexation, planning and development services will expand to include other portions of the UNIFIED DEVELOPMENT ORDINANCE as applicable. Wastewater Wastewater service is currently provided to a portion of the proposed annexation area. A new 12-inch sewer main was recently installed along the west side of Royder Road. Should the service plan reveal a need for additional wastewater service to the area, additional infrastructure and/or the expansion of existing facilities may be required. Transportation There are existing roads in the annexation area that are identified on the City’s thoroughfare plan. These roads do not currently meet the cross-section called for by the thoroughfare plan and will need to be upgraded at some point in the future. Thoroughfare improvements typically occur as part of the development/redevelopment process or through the City’s Capital Improvement Projects process. 5 Fiscal Impact Analysis Short-Term Fiscal Impact Ad Valorem Tax Revenue - The current assessed value of all property in the proposed annexation area is $13,948,600. Based on the current City of College Station tax rate of 45.25 cents per $100 of appraised valuation, the City could expect to receive annual property tax revenues of approximately $59,485 from the area. This figure excludes the property owned by CSISD. Based on the current annexation schedule, the City will not begin receiving property tax revenues from the annexation area until late 2016. Sales Tax Revenue – There are no retail establishments within the proposed annexation area. Therefore, no sales tax revenue is expected. Surveying Costs - A survey of the annexation area was prepared at a cost of $3,082.50. Compensation to Emergency Services District (ESD) No. 1 - State law requires cities to provide compensation to the Emergency Services District for territory loss due to annexation. The amount of compensation varies based on the appraised value of the annexation area and the amount of the district’s debt. The proposed annexation area is currently served by Brazos County Emergency Services District (ESD) No. 1. Therefore, the City will need to provide compensation according to state law. For the purposes of this report, an estimated payment of $10,000 is assumed. Summary of Short-Term Fiscal Impact Costs (one-time)* $(13,082) Revenue (annual) Property Tax $59,485 * Estimated one-time costs include $10,000 to compensate ESD No. 1 for lost territory 6 Full Build-Out Scenario The fiscal-impact analysis used here is a tool that estimates the annual costs and revenues that the City will incur once the annexed property is fully developed. This information is provided to help project the need for municipal services, to monitor the costs of l and use decisions, and to give officials information for making growth and planning decisions. For this analysis the Service Standard Method was used1. A spreadsheet showing the details is included as Appendix A. This analysis should be treated as an estimate based upon the best data available. In addition, it is important for decision makers using this information to understand the assumptions upon which it is based. 1. In this model it is assumed that the current level of municipal services in College Station will be maintained in the newly-annexed area. 2. This analysis provides estimates for the area once it fully develops. The costs / benefits in the interim will vary but initial costs to the City tend to be higher until the area fully develops. 3. All costs and revenues are in current dollars based on current budget data. 4. The model is based on existing tax and utility rates that may change over time. Future changes to the land use plan may also alter future fiscal impacts. Demands and Costs This analysis uses a combination of the existing land uses and the future land use designations in the proposed annexation area (Rural, Wellborn Institutional/Public, and Wellborn Restricted Suburban) to estimate the population for the annexation area. Using land use descriptions provided in the Wellborn Community Plan, the average number of dwelling units for the residential areas was calculated. Census data for persons per household was then used to calculate the projected population. Existing service levels for the City were used to estimate the demand for City services in the proposed annexation area. An equal level of service was applied to the annexation area to yield the demand for services. Costs per year for the demanded services were calculated using cost ratios to compensate for the varied nature of service provided by different departments. This resulted in a cost per year to provide the existing level of service to the proposed annexation area at full build-out. Revenues Revenues were calculated for property taxes and utility fees. These estimates were determined by applying current revenues from similar areas in the City to the projected development pattern in the annexation areas. 1 - More information on this method is available in The Fiscal Impact Handbook by Robert Burchell & Davide Listokin 7 Conclusion The following table summarizes the results of the fiscal-impact analysis. Based on the results of the fiscal-impact analysis, this annexation will result in annual deficit of $91,351 upon full build-out. It is important to note that this model does not capture any revenue from “one time” charges such as building permit or development fees. As mentioned before, future changes in the Land Use Plan or development patterns may affect these projections. This estimate excludes any costs associated with transportation improvements that may be the responsibility of the City. Those costs will be determined through development of the service plan. Summary of Fiscal Impact Analysis at Full Build Out Costs $(402,121) Property Tax Revenues $178,474 Utility Revenues $132,296 Total Annual Fiscal Impact $(91,351) Note: Potential revenues from building permit fees (not included in the above) constitute a one-time positive impact of $117,800 over the projected life of the development. 8 Methodology for Revenue Calculations Property Taxes  $173,135 = Average homestead valuation for “Single Family Medium.” Value is based on average provided by Brazos County Appraisal District and current city property tax rate (45.25 cents per $100 of appraised value). Residential Utility Amounts  $14.40 = Average monthly residential sanitation bill (provided by Utility Customer Service)  $37.49 = Average Monthly Residential Wastewater Bill (provided by Utility Customer Service) Utility Charges Electricity The proposed annexation area is served by Bryan Texas Utilities. No electric utility revenue is expected from the area. Water The proposed annexation area is served by Wellborn Special Utility District. No water revenue is anticipated from the area. Wastewater The City currently provides wastewater service to a portion of the annexation area. It is estimated that, upon build-out, the city will have 152 new residential sewer connections with a monthly rate of $37.49 each. It is also anticipated that CSISD will construct two facilities within the area. The annual wastewater revenue for the CSISD facilities was estimated based upon an existing facility. Sanitation The proposed annexation area will have City sanitation services. Revenues were calculated by multiplying the monthly residential rate ($14.40) by the estimated number of residential units in the area. It is also anticipated that CSISD will construct two facilities within the area. The annual sanitation revenue for the CSISD facilities was estimated based upon an existing facility. Projected Miscellaneous Revenues  Single family units were calculated based upon the City’s Building Permit Fee Schedule. An additional $100 is added per unit to represent miscellaneous permit fees such as electrical, mechanical, and plumbing.  All inputs are based upon average calculated values. 9 Anticipated Government Number of Manpower Budget $ Per Future Add’l Annual Capital to Add’l Annual Total Cost Population Function Employees Ratio 2014 - 2015 Employee Employees Operating Cost Operating Capital Cost To Public 362 Fiscal Services 41.00 0.40 3,362,802$ 82,020$ 0.15 11,921$ 0.004 48$ 11,969$ General Government 152.00 1.49 17,895,826 117,736 0.54 63,440 0.010 634 64,074 Police 202.50 1.98 18,708,994 92,390 0.72 66,323 0.058 3,847 70,169 Total December Fire 146.00 1.43 15,079,831 103,287 0.52 53,457 0.063 3,368 56,825 2014 Population Streets/Traffic/Drainage 46.00 0.45 6,865,289 149,245 0.16 24,337 0.777 18,910 43,247 Wastewater 49.00 0.48 7,248,568 147,930 0.17 25,696 1.936 49,747 75,443 102,117 Sanitation 35.50 0.35 7,657,521 215,705 0.13 27,146 0.114 3,095 30,240 Utility Billing 29.00 0.28 2,329,034 80,312 0.10 8,256 0.010 83 8,339 Parks 106.50 1.04 9,474,279 88,960 0.38 33,586 0.245 8,229 41,814 Total College Station 807.50 88,622,144$ 2.86 314,161$ 87,959$ 402,121$ General Government includes: General Government, Information Technology, Planning and Development Services, Public Works (Admin, Facilities Maint, Engineering, Landscape and Irrigation Maint.), and Fleet Maintenance. Notes: 1. Capital to operating cost ratios from Finance Dept. 2. Future population calculated according to acreage in land use scenarios, then existing population was subtracted. 3. The City will not be providing water service in this area. 3. The City will not be providing electrical service in this area. - - Appendix A 10 Appendix B City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0126 Name:Brazos County MUD No. 1 Development Agreement Status:Type:Agreement Agenda Ready File created:In control:2/25/2015 City Council Regular On agenda:Final action:3/12/2015 Title:Presentation, possible action, and discussion regarding the approval of a Development Agreement associated with Brazos County Municipal Utility District No. 1. Sponsors:Lance Simms Indexes: Code sections: Attachments:Vicinity Map MUD Agreement.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the approval of a Development Agreement associated with Brazos County Municipal Utility District No. 1. Relationship to Strategic Goals: (Select all that apply) ·Good Governance ·Financially Sustainable City ·Neighborhood Integrity ·Diverse Growing Economy Recommendation(s): Staff recommends approval of the agreements. Summary: In March 2014, the City Council granted the landowner’s petition to create Brazos County Municipal Utility District (MUD) No. 1 within the City’s Extraterritorial Jurisdiction (ETJ). As provided for in the City’s adopted MUD policy, staff has negotiated a development agreement associated with the creation of the MUD. A form of the utility agreement and the strategic partnership agreement is attached to the development agreement, however, these agreements will be approved by the City Council at a later date. A summary of each agreement is provided below: Development Agreement - Extends the City’s planning authority over the District’s property. This is important given the District is located entirely within the City’s ETJ. The development agreement addresses land use, density, compliance with construction codes, and development standards comparable to development within the City. Utility Agreement - Addresses the provision of City water and sewer service to the MUD. The District College Station, TX Printed on 3/9/2015Page 1 of 2 powered by Legistar™ File #:15-0126,Version:1 will be responsible for all design and construction costs for all off-site and on-site water and wastewater infrastructure associated with the development. The City is responsible for providing the required water and wastewater capacity to serve development within the District. Strategic Partnership Agreement - Outlines the terms and conditions for the annexation of the District into the City limits. Budget & Financial Summary: N/A Attachments: 1. Vicinity Map 2. Development Agreement College Station, TX Printed on 3/9/2015Page 2 of 2 powered by Legistar™ Vicinity Map 4 mi N➤➤N © 2013 Google © 2013 Google © 2013 Google City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0102 Name:Appointments Status:Type:Resolution Agenda Ready File created:In control:2/20/2015 City Council Regular On agenda:Final action:3/12/2015 Title:Presentation, possible action, and discussion regarding appointments to the BioCorridor Board. Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:BioCorridor Board FYI.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding appointments to the BioCorridor Board. Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: College Station, TX Printed on 3/9/2015Page 1 of 1 powered by Legistar™ 1 Tanya McNutt From:Molly Hitchcock Sent:Friday, February 20, 2015 1:54 PM To:Sherry Mashburn; Tanya McNutt Cc:Lance Simms Subject:BioCorridor Board FYI Afternoon!  The P&Z met last night and are recommending to Council that Jim Ross and Barry Moore be appointed to the  BioCorridor Board as the COCS P&Z members.    Thanks!  Molly